Protection from Unfair Competition
Protection of patent rights and disputing patents are key areas of activities of «Zuykov & partners».
Patent grants the author of the intellectual property object exclusive rights for it and can be for inventions, utility models and designs. The author or other physical person or legal entity can be the patent holder.
Patent for inventions, utility models and designs confirms exclusive right which quite often is infringed by unfair manufacturers of goods. Sometimes such infringements can be unintentional: when the competitor is not aware that his business activities infringe somebody’s rights. In this case the right holder can send a letter of claim. The requirements of the letter of claim should be unquestioningly executed. But ignorance of right is no defense against any liability for this right infringement.
More often the unfair competitors infringe patent rights deliberately; they get profit from the sales of goods manufactured with the use of another person's intellectual property.
Today at the top of the list of legal cases there are a lot of cases related to protection and disputing of patents. Such cases are reviewed in Rospatent, courts, including Intellectual Property Court, the Federal Antimonopoly Service (FAS), the police. They can be related to:
- disputing refusal to grant patent;
- disputing the validity of patent;
- illegal use of the registered patents;
- identification of patent holder;
- determination of the right of prior use;
- struggle against counterfeit products;
- other cases.
Besides the disputes concerning illegal use of the registered patents there are cases related to the competition and division of the market by the large manufacturers. As a rule by disputing existing patent and by prohibiting its use the large companies try to deprive competitor of leadership in the promising market.