IP rights and competition


Valentina Orlova

On September 16, 2013, during parliamentary hearings organised by the Civil, Criminal, Arbitration and Procedural Legislation Committee to discuss the main routes for developing IP legislation, an opinion was expressed that amendments to part four of the Russian Civil Code will be examined in the second reading.

These amendments should affect the relationships connected with virtually all items of IP.

Some general provisions relating to the entire IP sphere are also likely to undergo substantial changes. Along with the Civil Code, some federal laws are likely to be amended, including the Federal Law on Trade Secrets, as it is closely linked to the provisions of the Civil Code dealing with production secrets (know-how).

It is not planned, however, to change the approaches to regulating relationships that arise in connection with the use of IP items and affect, to a certain extent, the competition between holders of right and other business entities. We emphasise this point because over the past few months numerous attempts have been made to extend anti-monopoly legislation to items of IP, including means of identification.

trademarks, Russia, monopoly