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The problem of infringement of exclusive rights to intellectual property at exhibitions has recently attracted increasing public attention. For example, the Global Association of the Exhibition Industry (UFI) recommends that exhibition operators actively participate in addressing this issue, including by providing exhibitors with up-to-date information and explanations on intellectual property issues.
EXPOCENTRE AO for counterfeit-free exhibitions is a project aimed at minimising infringement of exclusive rights to intellectual property at exhibitions and raising participants' awareness of IP issues
Services provided under the project:
- advising on protection and defence of various IP assets (areas of exclusive rights to intellectual property objects, specifics of Russian legislation on intellectual property protection, methods of protecting exclusive rights, use of exhibition opportunities to prove the use of a trademark, etc.);
- providing information on the best course of action when a counterfeit demonstration is detected;
- Issuing certificates of demonstration of various IP assets (assistance in obtaining protection documents);
- Issuing certificates of demonstration of a product with already registered trademark (assistance in proving the proper use of a trademark on the territory of the Russian Federation).
Certificates of demonstration of an exhibit at an exhibition (for inventions, utility models, industrial designs), certificates of demonstration of a trademark at an exhibition, certificates of demonstration of exhibits at an exhibition using a trademark already registered in Russia, are issued at all exhibitions organised by EXPOCENTRE AO.
Recommendations for exhibitors on how to complete application forms to get a certificate of demonstration of an exhibit at an exhibition, and Recommendations for the exhibitors on how to get a certificate of demonstration of a trademark at an exhibition.
Temporary protection, the so-called "grace for novelty", for subject matter under patent law
Articles 1350-1352 of the Civil Code of the Russian Federation
Disclosure of information relating to an invention, utility model or industrial sample by the creator, the applicant or any person having obtained such information directly or indirectly from them (including as a result of exhibiting the subject matter at an exhibition), whereby information on the nature of the subject matter has become publicly available, shall not be considered as infringing the novelty of the invention, utility model or industrial sample, provided that:
- the application for a patent on invention, utility model is submitted to the national Office within 6 months from the date of disclosure;
- the application for a patent on an industrial sample - within 12 months from the date of disclosure.
Exhibition priority of a trade mark
Art. 1495 of the Civil Code of the Russian Federation
The priority of a trademark affixed to exhibits of official or officially recognised international exhibitions organised on the territory of one of the states party to the Paris Convention may be established by the date of commencement of the public display of the exhibit at the exhibition, if the application for the trademark is submitted to the national Office within 6 months from the said date.
It should be noted that there are currently no legally established criteria for defining exhibitions as official or officially recognised international exhibitions in the Russian Federation. It will be possible to claim exhibition priority after changes in the current legislation.
An additional service is the provision of a certificate of demonstration of exhibits - goods and/or services under the registered trademark at an exhibition.
The document serves to expand the ways for bona fide rights holders to prove proper use of a trademark in the territory of the Russian Federation. A trademark registered in the Russian Federation must be used by the rights holder or another person under the control of the rights holder, otherwise a person concerned is entitled to apply for early termination of legal protection of the trademark due to non-use of the trademark continuously for three years (Article 1486 of the Russian Civil Code).
It should be noted that EXPOCENTRE AO is not involved in the settlement of disputes between exhibitors, but can, for its part, provide contacts of organisations working both in the field of state regulation of issues or disputes over intellectual property, and in commercial consultancy, ready to act as representatives of one or the other party.
For more information, please contact the Intellectual Property Department of EXPOCENTRE’s Legal Management: Svetlana Farkhutdinova +7 (499) 795-38-85, + 7 (499) 795-39-91.