A new draft law significantly extends the possibility of pre-trial settlement of disputes in the field of intellectual property rights. The new law stipulates the complaint procedure for right holders’ claims for damages or compensation, if the parties to the dispute are legal entities and (or) individual entrepreneurs. Pre-trial procedure for settlement will also apply to the disputes on the early termination of a trademark due to its non-use. In consequence of such an innovation, according to the Government, the number of conflicts in this areawill be reduced.
A new rule is proposed to be included in the legislation. This rule relates to the situation when an interested party believes that the holder does not use the registered trademark. In this case, such a person shall have the right to invite the holder to address in Rospatent and waive the right to the trademark, or to conclude the agreement for the trademark assignment. If the owner does not submit such a declaration within two months, the person concerned within 30 days may apply to the court for early termination of a trademark due to its non-use.
This term is quite short due to the fact that if the person concerned misses it, he has the right to initiate a new procedure for the early trademark termination and submit a new proposal.
The new changes will increase the possibility of the parties to the dispute to settle it without resorting to Rospatent. In addition, the new procedure will balance the interests of rights holders and those interested in acquiring the intellectual property rights.