Russia Moscow, 1st Frezernaya, house 2/1, block 2, office 815

Russia

Moscow, 1st Frezernaya, house 2/1, block 2, office 815

Brazil

Brasilia

+7(495)673-74-97

Patenting and sociological examination

Patenting

It is very important to protect your development from encroaching on it by third parties from being used without your consent of the development for your own commercial purposes. In the market struggle, the deliberate deterioration of the quality of your development and the sale of counterfeit can be used by competitors to reduce the demand for your products.

The most reliable means of protecting intellectual property is the state registration of its right to develop, which is carried out through patenting. Before applying to the registration body (Federal Institute of Industrial Property), it is necessary to clearly determine as which object your decision can be issued in order to draw up the relevant application and obtain a patent. Depending on the nature of the development, its author or customer can obtain one of the security documents: Patent for invention, Patent for utility model, Patent for industrial design.

Patenting in Russia will not protect your development in the territory of other countries - for this purpose it is necessary to undergo the procedure of international registration. Registration in selected foreign countries can be carried out both in national agencies and by applying for an organization working under various international agreements that unite a group of countries. Such organizations include the World Intellectual Property Organization, the Eurasian Patent Organization and others.

To ensure that your solution is successfully designed as an invention, utility model, or industrial design, it is strongly recommended that you perform a patentability check. If you do not pay due attention to checking your solution for analogues already in use, you may be denied registration.

In case you are only in the stage of launching developments (including if these developments will be carried out within the framework of the implementation of the state R & D contract) and there is a need to study the industry on the technical level and trends of its development, it will be necessary to carry out not just a search, but a deep patent study according to GOST R 15.011-96.

A legally protected intellectual property patent can be used both independently for profit and to transfer for remuneration the right to use it under license contracts, alienation contract, as well as one of the additional objects under the contract of commercial concession (franchise). Such rights may be subject to pledge when receiving funds, including for business development or continued scientific work.

Sociological examination

Sociological expertise is predominantly applied when it is necessary to identify the attitude of the population or group of the population towards a certain issue. It is widely applied in the practice of Arbitration Courts, the Federal Intellectual Property Service (Rospatent) and the Federal Antitrust Service (FAS).

The examination is carried out in the following cases:

1.   To establish similarities or differences (to the degree of mixing) between trademarks and designations;

2.   To determine whether consumers are misled or not;

3.   To establish that branding practices are moral;

4.   To protect the exclusive right of the means of individualization of a legal entity;

5.   To determine the compliance of advertising with the law;

6.   To assess the loss of rights holders and damage to business reputation.



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