Establishment of an Artwork Ownership

If a dispute arises who owns an artwork, i.e. who is the holder of the exclusive right to an artwork, where there is no dispute about who the author of the artwork is, then such dispute is to be settled in court.


Depending on the party in the dispute (company or an individual), such a dispute may be settled either in an arbitration court, or in a general jurisdiction court.


Claim to Court

Filing a claim to court settles the dispute and may serve the reason for application of other remedies provided by law.


For example, if the owner of exclusive right to an artwork acknowledges their right to the artwork in question, then they may charge the compensation for illegal use of the artwork, which may amount from 10 000 to 5 000 000 ₽.


To file a claim to court demanding the acknowledgment of the exclusive right to an artwork you must provide the evidence that the claimant is the holder of the exclusive right to the artwork in question.


Clients

Proizvodstvo No.1 LLC

Patent search was conducted, trademarks were registered. Assistance in registration of rights transfer was rendered. Client advocacy in the Chamber for Patent Disputes.

ISTOK LLC

Assessment of chances for trademark registration. Submitting applications with Rospatent and acquiring certificates of protection. Advocacy of the client’s trademark rights in the Chamber for Patent Disputes.

ISTOK LLC

Assessment of chances for trademark registration. Submitting applications with Rospatent and acquiring certificates of protection. Advocacy of the client’s trademark rights in the Chamber for Patent Disputes.

GSH Trademarks Limited

Patent searches for new trademarks and design inventions were conducted. Assessment of the chances of registering the objects.

GSH Trademarks Limited

Patent searches for new trademarks and design inventions were conducted. Assessment of the chances of registering the objects.

GSH Trademarks Limited

Patent searches for new trademarks and design inventions were conducted. Assessment of the chances of registering the objects.

Belaya Sila
Staraya Moskva
Posolskaya
Zimnaya Doroga
Abakanskoye
Briman
Ordinarnoye
Russkiy Sever
Etalon
Karelya
Oreanda
Global Spirits
Solodovaya
Wine & Beer
Avita
Rublevka
Vojna I Mir
Ipatovskoye
Zvezdi Praskoveyi
Grenadier
Talskaya

If someone does not recognize or deny someone else's ownership and violates the interests of the legal possessor, the decision on the ownership of the artwork is determined in court. The dispute is considered in a court of general jurisdiction or arbitration, depending on the legal status of the disputing parties (individuals or legal entities). When applying to the court, the party presents evidence of the exclusive rights to the work. The judgment is the starting point for applying other legal remedies. So, after establishing the ownership and recognizing his rights to the controversial artwork, the person is authorized to apply for compensation.

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