WORLD TRADE  
ORGANIZATION   
IP/N/6/RUS/1 
16 November 2012  
 
(12-6308) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English 
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1  
 
Responses from the Russian Federation 
 
 
Civil and Administrative Procedures and Remedies  
(a) Civil judicial procedures and remedies 
 
1. Specify the courts which have jurisdiction over IPR infringement cases. 
 
Jurisdiction of disputes on infringements of intellect ual property rights is defined proceeding from the 
character of the dispute, and also depends on the nature of the dispute's participants. 
 According to part 1 of article 27 of the Administra tive Procedural Code of the Russian Federation, 
cases on economic disputes and other cases deali ng with economic activities of enterprises with 
participation of legal entities or individual entrepre neurs, are in the jurisdiction of the Arbitration 
Court.  According to part 3 of article 22 of the Civil Pr ocedural Code of the Russian Federation all other 
disputes on infringements of intellectual property rights,  not carried by the Arbitration Courts, are in 
the jurisdiction of the Courts of Law.  Thus according to part 4 of article 22 of the Civil Procedural Code of the Russian Federation at filing 
a lawsuit to the court with the lawsuit contai ning some connected among themselves requirements 
from which one are of the jurisdiction of the Courts of  Law, others of the Arbitration Court and if the 
division of requirements is impossible, lawsuits are subject to consideration and the jurisdiction of the 
Courts of Law.  
2. Which persons have standing to assert IPRs ?  How may they be represented?  Are there 
requirements for mandatory perso nal appearances before the cour t by the right holder?   
 
According to point 2 of article 1250 of the Civil Code of the Russian Federation, protection of 
intellectual property rights provided by the civil legi slation can be applied on request of right holders, 
collecting management societies, and also other persons in the cases established by the Civil Code. 
 
In particular according to article 1254 of the Civil Code of the Russian Federation, protection of the 
exclusive right infringed by the third parties on result of intellectual activity or on means of 
individualization can be carried out by the exclus ive licensee (license of the exclusive right).  
 According to article 48 of the Civil Procedural Code of the Russian Federation in Court of Law 
persons have the right to plead a cause in cour t personally or through their representatives.  
                                                      
1 Document IP/C/5. IP/N/6/RUS/1 
Page 2  
 
   
According to article 49 of the Civil Procedural Code of the Russian Federation, representatives in 
Court of Law must be capable persons bei ng properly empowered to file a lawsuit. 
 According to article 59 of the Administrative Pro cedural Code of the Russian Federation, persons 
have the right to plead a cause in court pe rsonally or through their representatives.  
 As representatives in the Arbitration Court, lawyers and other persons offering a legal service can act. 
Representatives in the Arbitration Court must be capable persons being pr operly empowered on filing 
a lawsuit. 
 
The personal presence of the right holder in the C ourt of Law and in the Arbitration Court is not 
required.  
3. What authority do the judicial authorities have to order, at the request of an opposing 
party, a party to a proceeding to produce evidence which lies within its control?   
 
According to article 57 of the Civil Procedural C ode of the Russian Federation, in cases when for 
persons participating in legal proceedings the subm ission of evidences is difficult, the Court of Law 
under their petition assists in collecting and requesting evidence.  
The court gives out to the party a request for re ception of the evidence or requests the evidence 
directly. The person, who has been requested by th e court to submit evidence, submits it to the court 
or addresses it to the person who has mentioned a co urt request for representation of the evidence in 
the court. 
 
Thus in conformity with part 2 of article 13 of th e Civil Procedural Code of the Russian Federation, 
lawful orders and requirements of  courts are obligatory for all without exception: public authorities, 
public associations, officials, citizens and organizatio ns are subject to strict execution throughout the 
territory of the Russian Federation.  According to part 4 of article 66 of the Administ rative Procedural Code of the Russian Federation,  a 
person participating in legal pr oceedings and not capable of obtaining necessary evidence through his 
own means from the owner of these proofs, has the right to plead to the Administrative Court on 
obligatory submission of these proofs.   At satisfaction of the petition, the court will re quest the corresponding evidence from the owner of 
this evidence. 
 According to part 1 of  article 16 of the Administ rative Procedural Code of the Russian Federation, 
the arbitration court requirement on submission of proof s, data and other material s, related to the legal 
proceedings in consideration, are obligatory and ar e subject to execution by all bodies, organizations 
and persons to which they are addressed. 
 
4. What means exist to identify and protect confidential information brought forward as 
evidence? 
 
According to part 1 of article 10 of the Civil Pr ocedural Code of the Russian Federation, legal 
proceedings in all courts of  law are open to the public. 
 At the same time according to pa rt 2 of article 10 of the Civil Procedural Code of the Russian 
Federation, legal proceedings in the closed judici al sessions are admitted on the basis of satisfaction 
of the petition of the person participating in lega l proceedings and referring to the necessity of  IP/N/6/RUS/1 
 Page 3 
 
 
  preservation of commercial or other secrets protected by the law which public discussion is capable to 
cause disclosure of the specified secrets or infringem ent of the rights and legitimate interests of the 
citizen. According to part 3 of article 10 of the Civil Procedural Code of  the Russian Federation, 
persons participating in legal pr oceedings are warned by court on responsibility for their disclosure. 
 
According to part 1 of article 11 of the Administra tive Procedural Code of the Russian Federation, 
legal proceedings in all courts of law are open to the public.  At the same time according to part 2 of article 11 of the Administrative Procedural Code of the 
Russian Federation, legal proceedings in the clo sed judicial sessions are admitted on the basis of 
satisfaction of the petition of the person particip ating in legal proceedings and referring to the 
necessity of preservation of commercial or other secrets protected by the law.   In accordance with part 3 of article 11 of the Administrative Procedural Code of the Russian 
Federation, disclosure of the data making state, commercial, service or other secrets protected by the 
law, involves the responsibility established by the legislation of the Russian Federation. 
 
5. Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for their use:   
 
According to paragraph 1 of article 1252 of the Civ il Code of the Russian Federation, the protection 
of the exclusive rights to the result of intellectua l activity and means of individualization shall be, 
inter alia,  carried out by means of presenting a claim for: 
 (1) recognition of the right: to a person that denies or otherwise does not recognize the right and by 
doing so violates the interests of the right holder; 
 
(2) stopping the actions that infringe the right or create the threat of infringement thereof: to a person committing such actions or making the necessary preparations for such actions;  (3) payment of damages: to a person that has illega lly used the result of intellectual activity or means 
of individualization without concluding an agreemen t with the right holder (use without a contract) or 
otherwise has violated the right holder's ex clusive right and inflicted damage thereon; 
 (4) seizure of a material medium in accordance w ith item 5 of the present article: to its manufacturer, 
importer, storer, carrier, seller, another distributor or non-bona fide acquirer; 
 
(5) publication of a court decision on the infringement  committed with reference to the actual right 
holder: to a violator of the exclusive right.  In the cases envisaged in the Civil Co de, for certain types of results of  intellectual activity or means of 
individualization when an exclusive right is infringed the right holder is entitled to claim compensation from the infringer for the infringement of the said right. The compensation shall be 
collected if the fact of infringement is proven. In  this case, the right holder that has applied for a 
remedy shall be relieved of the duty to prove  the amount of damage inflicted thereon. 
 The amount of compensation shall be determined by the court within the limits set by the Civil Code, 
depending on the nature of the infringement and of  the other circumstances of the case with due 
regard to the requirements of reasonability and justice. 
 The right holder is entitled to claim compensation from the infringer for each case when the result of 
intellectual activity or means of individualization has been used or for the infri ngement in its entirety. 
 IP/N/6/RUS/1 
Page 4  
 
  According to paragraph 4 of article 1252 of the Civi l Code of the Russian Federation, in a case when 
the manufacture, distribution or other use, and also the importation, carriage or storage of the material 
media in which the result of intellectual activity or means of individualization is expressed cause an 
infringement of the exclusive right to the result or means such material media shall be deemed 
counterfeit and subject under a court decision to w ithdrawal from circulation and destruction without 
any compensation whatsoever, excep t when other circumstances are envisaged by the Civil Code.  
 According to paragraph 5 of article 1252 of the Civ il Code of the Russian Federation, the equipment, 
other apparatus and materials primarily used or intended for infringing the exclusive rights to the 
result of intellectual activity and means of individu alization shall be subject under a court decision to 
withdrawal from circulation and destruction at th e infringer's expense, except when being subject to 
be converted into revenue of the Russian Federation.  According to paragraph 6 of article 1252 of the Ci vil Code of the Russian Federation, if various 
means of individualization (a firm name, trademark, service mark or commercial name) turn out to be 
identical or similar to the point of confusion, and as a result of this identity or similarity consumers 
and/or parties under a contract may be misled, then preference shall be given to the means of individualization to which the exclusive right came in to being earlier. In the procedure established by 
the present Code, the owner of this exclusive ri ght may claim as invalid the granting of legal 
protection to the trademark (service mark) or clai m a full or partial ban on the use of the company 
name or commercial name. 
 
For the purposes of the present item, "partia l ban on use" has the following meaning: 
 
in respect of a company name: a ban on the use thereof in certain types of activity; 
 
in respect of a commercial name: a ban on the use thereof within a certain territory and/or in 
specific types of activity. 
 According to article 1253 of the Civil Code of the Ru ssian Federation, if a legal entity several times or 
grossly infringes the exclusive rights to the re sults of intellectual activity and means of 
individualization, the court may take a decision in  accordance with item 2 of Article 61 of the Civil 
Code of the Russian Federation on liquidating the le gal entity at the demand of a prosecutor. If such 
infringements are committed by a citizen, his activity as an individual entrepreneur may be terminated 
by a court decision or judgment in the procedure established by law.  
6. In what circumstances, if any, do judicial authorities have the authority to order the 
infringer to inform the right holder of the identity of third persons involved in the 
production and distribution of the goods or services found to be infringing and of their channels of distribution? 
 
Within the limits of civil process the court does not  have powers to oblige the infringer to inform the 
legal owner about the person of the third parti es involved in the manufacture and sale of the goods, 
recognized as infringing, and also about the channels of their distribution. 
 
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.  
To what extent are public authorities and/or officials liable in such a situation and what 
"remedial measures" are applicable to them?   
 
According to article 12 of the Civil Code of the Russian Federation, in the Russian Federation civil 
rights shall be protected by way of:  
-  the recognition of the right;  IP/N/6/RUS/1 
 Page 5 
 
 
  - the restoration of the situation, which existe d before the given right was violated, and the 
suppression of the actions that violate the right or create the threat of its violation; 
- the recognition of the disputed deal as invalid and the implementation of the consequences of its 
invalidity, and the implementation of the consequences of the inva lidity of an insignificant deal; 
- the recognition as invalid of an act of the st ate body or of the local self-government body; 
- the self-defence of the right; 
- the ruling on the execution of the duty in kind; 
- the compensation of the losses; 
- the exaction of the forfeit; 
- the compensation of the moral damage; 
- the termination or the amendment of the legal relationship; 
- the non-application by the court of an act of the state body or of the local self-government body, 
contradicting the law; 
- using the other law-stipulated methods. 
 
According to article 13 of the Civil Code of the Russian Federation, a non-normative act of the state 
body or of the local self-government body, and also , in the law-stipulated cases, a normative act, 
which does not correspond to the law or to the othe r legal acts and which violates the civil rights and 
the law-protected interests of the citizen or of the legal entity, may be recognized by the court as 
invalid.  
In case the act has been recognized by the court as invalid, the violated right shall be liable to 
restoration or to protection by the other means,  stipulated by Article 12 of the Civil Code. 
 
8. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost.   
 
According to article 154 of the Civil Procedural C ode of the Russian Federation, civil cases shall be 
considered and resolved by the court before the expiry of two months as from the day of submission 
of the application to the court.   According to article 152 of the Administrative Proc edural Code of the Russian Federation, cases as a 
general rule shall be considered by an arbitration court of the first instance within a time period of at 
most three months from the day when the arbitratio n court receives an application, including the time-
period for preparing the case for hearing and for adoption of a decision.  In general, duration of a case depends on the quantity of judicial instances in which this case will be 
proceeded, quantities of breaks and adjournments , and also their duration which depends on 
circumstances of any individual cases. In practice the duration of proceeding on a case can take from 
several months to several years.  According to article 88 of the Civil Procedural Code  of the Russian Federation, the costs of the court 
consist of the state duty and of the expenditures connected with the consideration of the case. The 
amount and the procedure for the payment of the stat e duty shall be established by the federal laws on 
taxes and fees.  According to article 94 of the Civil Procedural C ode of the Russian Federation, to the expenses 
involved in the consideration of a case shall be referr ed: the sums to be paid to the witnesses, experts, 
specialists and interpreters; the outlays on the rem uneration of the interpreter's services incurred by 
foreign citizens and by stateless persons, unless otherwi se stipulated in the international treaty of the 
Russian Federation; the outlays on the fares and on the accommodation of the parties and of the third 
persons made by them in connection with the summ ons to court; outlays on the remuneration of the 
services of the representatives; the outlays on carrying out an examination on the spot; the IP/N/6/RUS/1 
Page 6  
 
  compensation for the actual loss of time in conformity with Article 99 of the Civil Procedural Code of 
the Russian Federation; the postal expenditures in curred by the parties in connection with the 
consideration of the case; the other outlays recognized by the court as necessary.  According to article 101 of the Administrative Proce dural Code of the Russian Federation, court costs 
of a legal proceeding in the Arbitration Court shall consist of state duty and court costs related to the 
consideration of a case by the Arbitration Court.  According to article 106 of the Administrative Procedur al Code of the Russian Federation, to the costs 
of justice connected with considering a case in an  Arbitration Court shall be referred amounts of 
money payable to experts, specialists, witnesses,  and interpreters, expenses connected with an 
inspection of evidence on-site, expenses connected w ith payment for the services of lawyers and of 
other persons rendering legal assistance (of representa tives), expenses of a legal entity on notification 
of a corporate dispute where federal law provides for the duty of such notification, and other expenses 
incurred by persons participating in a case in conn ection with considering a case by an Arbitration 
Court.  
 In general, the cost of a legal proceeding in a Cour t of Law and in the Arbitration Court of the Russian 
Federation depends on the quantity of judicial  instances in which the case will be proceeded, 
complexities of case, quantity of representatives a nd other circumstances of any individual case. 
 
(b) Administrative procedures and remedies 
 
9. Reply to the above questions in relation to any administrative procedures on the merits 
and remedies that may result from these procedures.   
 
(1) In the cases provided in the Civil Code of the Russian Federation, the protection of intellectual 
rights in relationships that have to do with filing and examining patent applications for inventions, 
utility models, industrial designs, plant varieties, tr ademarks and service marks and the appellations of 
origin of goods with the state registration of these results of intellectual activities and means of 
individualization, the issuance of the relevant right-establishing documents, the disputing of granting legal protection to, or termination of the legal protection of, these results and means shall be carried 
out by administrative means by the federal executive governmental body in intellectual property 
(Rospatent).  (2) Objections on decisions of Rospatent on refusal in granting protection of a right to objects of a patent right and individualization means are submitted by the applicant. 
 
The issuance of a patent for an invention, utility model or industrial design may be challenged by any 
person, by means of filing an objection with the chamber for patent disputes.   Objections against the grant of legal protection to a trademark on the grounds set out in the Civil Code 
of the Russian Federation may be filed with the ch amber of patent disputes by the person concerned. 
 
On the grounds set out in the Civil Code of the Russ ian Federation, any person may file an application 
with the federal executive governmental body in in tellectual property asking for termination of the 
legal protection of an appellation of origin of goods  and of a certificate of exclusive right to such 
appellation of origin of goods. 
 
According to point 1 of article 1247 of the Civil Co de of the Russian Federation, dealings with the 
federal executive governmental body charged with in tellectual property matters may be carried out by 
an applicant, right holder, or other person concer ned on his/its own or th rough a patent attorney 
registered with the said federal bod y or through another representative.  IP/N/6/RUS/1 
 Page 7 
 
 
   
According to point 2 of article 1247 of the Civ il Code of the Russian Federation, citizens who 
permanently reside outside the territory of the Ru ssian Federation and foreign legal entities shall carry 
out their relations with the federal executive gove rnmental body charged with intellectual property 
matters through patent attorneys registered with the said federal body, unless otherwise envisaged by 
an international treaty of the Russian Federation. The competence of a patent attorney or another 
representative shall be certified by a document issued  by the applicant, right holder or other person 
concerned.  The personal presence of the right holder in legal pr oceedings of disputes by the Federal Authority on 
Intellectual Property is not required. 
 (3) The Federal Authority on Intellectual Property is not empowered to demand any evidence from 
persons.  
(4) According to article 13 of the Federal La w from 29 July 2004 No. No. 98-FZ "On commercial 
secrets" the state power bodies, other state authorities, and bodies of local self-government shall, in accordance with this Federal law and other federal laws, be obligated to create conditions providing 
for the protection of the confidentiality of inform ation passed over to them by legal persons or 
individual entrepreneurs.  
The officials of the federal executive bodies, othe r state authorities, bodies of local self-government, 
civil or municipal servants of the said bodies shall have, in the absence of consent thereto of the 
holder of information constituting a commercial secr et, no right to disclose or transfer to other 
persons, federal executive bodies or other state authorities, bodies of local self-government, information constituting a commercial secret that b ecame known to them by virtue of performance of 
official obligations, except for instances provided under this Federal law and also have no right to use 
that information for self-interest or other personal purposes.  In case of infringement of the confidentiality of in formation by officials of the federal executive 
bodies, other state authorities, bodies of local self-government, by civil or municipal servants of said bodies, those persons shall bear responsibility in accordance with the legi slation of the Russian 
Federation. 
 Besides point 4.7 of the Rules of submission of obj ections and statements and their consideration in 
the Chamber on the Patent Disputes, adopted by the order of Rospatent from 22 April 2003 No.  56, recording equipment at sessions of boards of chambe r on patent disputes can be used with the consent 
of the members of the board and all persons par ticipating in consideration of objection or the 
statement.  In addition the current legislation of the Russian Federation does not provide acquaintance of the third 
parties with materials of objections and the stat ements considered by the federal authority on 
intellectual property. 
 
(5) Upon consideration of objections  and statements, the Federal Au thority on Intellectual Property 
can make decisions:  -  on refusal in satisfaction of objection and k eeping in force the decision of Rospatent on 
refusal in delivery of the protection document; 
 -  on satisfaction of objection or the statement and a recognition of a right (granting of the 
patent, registration of a trade mark, appellation of origin of goods); 
 IP/N/6/RUS/1 
Page 8  
 
  -  on refusal in satisfaction of objection or the statement and keeping in force of a right to 
protection of object of the intellectual right; 
 -  on satisfaction of objection and a recognition in valid of granted protection of rights to object 
of the intellectual right; 
 
-  satisfaction of the statement on early termin ation of a right on protection of intellectual 
property. 
 (6) Within the limits of dispute consideration by  the Federal Authority on Intellectual Property, a 
similar possibility is not provided. 
 (7) According to article 1248 of the Civil Code of the Russian Federation, decisions of the Federal 
Authority on Intellectual Property can be contested  in court and may be recognized as invalid. The 
court has the right to oblige the Federal Authority on Intellectual Property to eliminate the admitted 
infringements of the rights and legitimate interests of the applicant. 
 (8) The term of administrative consideration of disputes in the Federal Authority on Intellectual 
Property is not regulated by law. In practice, a c onsideration term takes from two to six months from 
the date of objection or statement acceptance to consideration and depends on the volume of evidence 
and petitions of the parties for necessity of time for their studying.  
 
The cost of administrative consideration of disput es in the Federal Authority on Intellectual Property 
depends on the size of the duty paid for considerati on of corresponding objection or the statement, and 
also other expenses of persons pa rticipating in the dispute consideration, in case of their presence. 
 Provisional Measures  
(a) Judicial measures 
 
10. Describe the types of provisional measures that judicial authorities may order, and the 
legal basis for such authority.   
 
Security Measures - the measures directed on mainte nance of the claim or property interests of the 
applicant (claimant). Security Measu res can be accepted at any stage of consideration of a dispute in 
the Arbitration Court and Court of Law, if non-accep tance of these measures can complicate or make 
impossible execution of the judicial act including if execution of the judicial act is supposed to be 
outside of the Russian Federation, and also with a view to the prevention of causing of considerable 
damage to the applicant.  Under the statement of the person participating in judicial proceedings, and in the cases provided by 
the Administrative Procedural Code of the Russian  Federation and Civil Procedural Code of the 
Russian Federation, under the statement of other pe rsons the arbitration court and court of law can 
accept urgent time security measures (measures on claim maintenance). 
 According to part 1 of article 91 of the Administra tive Procedural Code of the Russian Federation and 
article 140 of the Civil Procedural Code of the Russian Federation, security  measures (measures on 
claim maintenance) can be: 
 
-  forbidding the respondent or other persons to commit certain actions concerning the subject of 
the dispute; 
  IP/N/6/RUS/1 
 Page 9 
 
 
  -  placing on the respondent the duty to commit certain actions for the purpose of preventing 
damage to, or deterioration of th e condition of, disputable property; 
 -  transfer of disputable property to the claimant or other person for keeping custody thereof;  
-  and other measures. 
 According to point 2 of article 1252 of the Civil C ode of the Russian Federation, in the arrangement 
of provision of security for a claim in a case of in fringement of exclusive rights the material media, 
equipment and materials that are allegedly involved in an infringement of the exclusive right to the 
result of intellectual activity or means of individu alization may be subjected to the security measures 
established by the procedural legislation, for inst ance, seizure of material media, equipment and 
materials.   According to article 1302 of the Civil Code of  the Russian Federation on cases of infringement of 
copyrights and related rights, a court may forbid  a defendant, or a person believed on sufficient 
grounds to be an infringer of copyright, from carrying out of certain actions (manufacture, reproduction, sale, hiring out, importation or other use envisaged by the present Code, and also the 
transportation, storage or possession of copies of a work for the purpose of using them in civil-law 
transactions if the copies are understood to be counterfeit).  
Also the court may order the seizure of all copies of  a work that are assumed to be counterfeit, and 
also of materials and equipment used or inte nded for the manufacture or reproduction/playback 
thereof.  
11. In what circumstances may such measures be ordered inaudita altera  parte ?   
 
According to article 141 of the Civil Procedural C ode of the Russian Federation, an application for 
providing for a claim shall be considered on the da y of its submission to the court without notifying 
the defendant and the other persons  taking part in the case. The judge or court shall issue a ruling on 
taking measures to provide for the claim.  
According to article 93 of the Administrative Procedural Code of the Russian Federation, an 
application for securing a claim shall be considered by  an arbitration court trying the case, this to be 
done by a single judge at the latest on the day follo wing the date when the application comes to the 
court without notifying the parties thereto of it.  
Thus, the court of law and arbitration court have  the right to accept provisional measures immediately 
without notifying the party of the dispute on which measures are imposed.  
12. Describe the main procedures for the initia tion, ordering and maintenance in force of 
provisional measures, in particular relevant time-limits and safeguards to protect the 
legitimate interests of the defendant.   
 
The statement for acceptan ce security (provisional) measures can be submitted both simultaneously 
with the statement of claim, and already in the course of judicial process.   By the general rule an application for securing a cl aim shall be considered by an arbitration court 
considering the case, this to be done by a single judge at the latest on the day following the date when 
the application comes to the court without notifying the parties thereto of it including if the statement for claim maintenance is submitted simultaneously w ith the statement of claim (article 93 of the 
Administrative Procedural Code of the Russian Federa tion, article 141 of the Civil Procedural Code of 
the Russian Federation). In that case the ques tion on acceptance of the statement of claim to IP/N/6/RUS/1 
Page 10  
 
  consideration is examined by the arbitration court not later than the next day after the day of receipt of 
the statement of claim by the arbitration court.   Upon consideration of the statement for securing a claim, the arbitration court takes out a court 
decision on securing of the claim or on refusal of claim securing. 
 
Securing measures hold action for all of the period of  a legal proceeding before their cancellation. In 
case of satisfaction of the claim, securing measure s hold the action upon execution of the judicial act 
which finalizes this legal investigation. In case of refusal of satisfaction of the claim, keeping the 
claim without consideration, cessation of case, secu ring measures hold the action upon the entering 
into force of the corresponding judicial act. After the entering into force of the judicial certificate, the 
arbitration court, at the petition of the person pa rticipating in the case, takes out a decision on the 
cancellation of measures on securing of the claim or specifies it in a judicial act.  As measures of protection from the statement for secu ring the claim, the other party (respondent) can 
declare objections in essence in judicial session when the specified petition is considered with a call 
of both parties. In other cases, the interested person has the right:  - to present counter security measures (article 94 of  the Administrative Procedural Code of the 
Russian Federation); 
 
- to dispute imposition of security measures (article 97 of the Administrative Procedural Code 
of the Russian Federation, article 144 of the Civil Procedural Code of the Russian Federation); 
 - to put the statement for replacement of one security measure by another (article 95 of the 
Administrative Procedural Code of the Russian Federation, article 143 of the Civil Procedural 
Code of the Russian Federation); 
 - to file a suit on indemnification or payments of indemnification, caused by securing claim 
(article 98 of the Administrative Procedural Code  of the Russian Federation, article 146 of the 
Civil Procedural Code of the Russian Federation). 
 
According to article 98 of the Administrative Pr ocedural Code of the Russian Federation, the 
respondent and other persons whose rights and/or legitimate interests are violated by securing a claim shall be entitled after entry into legal force of the j udicial act of an arbitration court on the refusal to 
allow the claim to demand of the person that has applied for taking the precaution measures repair of 
damages in the procedure and in the amounts which are provided for by the civil legislation or 
payment of compensation.   
13. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost.   
 According to article 141 of the Civil Procedural C ode of the Russian Federation, an application for 
providing for a claim shall be considered on the da y of its submission to the court without notifying 
the defendant and the other pers ons taking part in the case.  
 According to article 93 of the Administrative Procedural Code of the Russian Federation, an 
application for securing a claim shall be considered by an arbitration court considering the case, this 
to be done by a single judge at the latest on the day following the date when the application comes to 
the court without notifying the parties thereto of it.   IP/N/6/RUS/1 
 Page 11 
 
 
  The period of validity of securing measures depends on the duration of the legal proceeding in which 
framework measures have been intr oduced and other circumstances. 
 According to subparagraph 9 of point  1 of article 333.21 of the Tax Code of the Russian Federation, 
the size of state duty on the filing of an application on securing claim is 2,000 roubles (appr. US$65). 
 
(b) Administrative measures 
 
14.  Reply to the above questions in relation to any administrative provisional measures.   
 Within the limits of the administrative consider ation of a dispute in the Federal Authority on 
Intellectual Property, acceptance of securing (provisional) measures is not provided. 
 
Special Requirements related to Border Measures 
 
15. Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulati on, in particular whether these procedures 
are available also in respect of goods whic h involve infringements of intellectual 
property rights other than counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant criteria, any imports excluded from the app lication of such procedures (such as goods 
from another member of a customs union, goods in transit or de minimis  imports).  Do 
the procedures apply to imports of goods put on the market in another country by or 
with the consent of the right holder and to goods destined for exportation?  
 
In accordance with article 305 of the Fede ral Law from 27 November 2010 No.  311-FZ «On 
Customs Regulation in the Russian Federation», cu stoms bodies shall take measures to protect rights 
to intellectual property items relating to the su spension of release of goods, in accordance with 
Chapter 46 of the Customs Code of the Cust oms Union and the Chapter 42 of the law from 
27 November 2010 No. 311-FZ.   Measures for protecting rights to intellectual propert y items shall be taken in respect of the goods 
containing subjects of copyright law and related ri ghts, trademarks, service marks and appellation of 
origin of goods. Customs bodies are entitled to take measures to protect rights to intellectual property 
items without an application of the right holde r in accordance with Chapter 42 of the law from 
27 November 2010 No. 311-FZ.   
In accordance with article 328 of the Customs C ode of the Customs Union, measures for the 
protection of rights for the objects of intellectual property are not applied by customs bodies to goods 
moved across the customs border:   - by natural persons for personal use, including  those sent to them in international postal 
dispatches;  
 
- under the customs transit customs procedure;   - by diplomatic representations, consular institutions, other offi cial representations of foreign 
states, by international organizations, pers onnel of these representations, institutions and 
organizations for official and personal use.  
 The measures for the protection of rights for the ob jects of intellectual property taken by customs 
bodies do not prevent right holders from using any other means of protection of their rights in compliance with the legislation of the member-states of the Customs Union.  IP/N/6/RUS/1 
Page 12  
 
   
16. Provide a description of the main elements of the procedures relating to the suspension 
of the release of goods by customs authoriti es, in particular the competent authorities 
(Article 51), the requirements for an applic ation (Article 52) and various requirements 
related to the duration of suspension (Article 55).  How have Articles 53 (security or 
equivalent assurance), 56 (indemnification of the importer and of the owner of the 
goods) and 57 (right of inspection and information) been implemented?   
 
In accordance with articles 306 and 307 of the Federal Law from 27 November 2010 No. 311-FZ, a 
right holder, having sufficient ground to believe that  his right may be infringed in connection with the 
import of goods into the Russian Federation or th e export thereof out of the Russian Federation or 
when other actions take place involving goods bein g under customs control, is entitled to file an 
application with the federal executive governmental  body empowered in the area of customs affairs 
asking for inclusion of the relevant intellectual property item in the customs register of intellectual property objects. On behalf of the right holder the act ions envisaged by the customs legislation of the 
Customs Union and the present Federal Law may be committed by his/her/its representative.  
 The Customs Register of Intellectual Property Objects is the main protecting instrument. 
 The following may be included in the customs regi ster of intellectual property objects (hereinafter 
referred to as "the register"): the copyright law objects, objects of related rights, trademarks, service 
marks and appellations of origin of products in respect of whic h the federal executive governmental 
body empowered in the area of customs affairs has taken a decision on taking measures relating to the suspension of clearance of goods. Inclusion in the regist er is free of charge. The register shall be kept 
by the federal executive governmental body empower ed in the area of customs affairs in the 
procedure established by this body.  
 
The intellectual property objects in respect of which the federal executive governmental body empowered in the area of customs affairs has taken a decision on taking measures relating to the suspension of release of goods shall be included in the register on the condition that the right holder 
ensures the performance of the undertaking mentione d in Part 5 of Article 306 of the Federal Law by 
the methods envisaged by the civil legislation of the Russian Federation. Instead of security for the 
performance of the undertaking the right holder is entitled to file a contract of insurance of the risk of 
liability for infliction of harm for the benefit of the persons specified in Part 5 of Article 306 of the 
present Federal Law. In this case, the sum of secu rity for the undertaking or the insured amount shall 
be at least 300,000 roubles.   
If, within one month after the date of dispatch of a notice of the taken decision on taking measures 
relating to the suspension of clearance of the goods, the right holder fails to file a document 
confirming security for the undertaking or a contract of insurance of the risk of liability for infliction 
of harm, the federal executive governmental body empow ered in the area of customs affairs shall take 
a decision on refusal to include the intellectual property item in the register.   
The federal executive governmental body empowered in  the area of customs affairs shall make sure 
the data of the register are published in its offici al publications and placed on its official internet 
website in the procedure established by it.   In accordance with article 309 of the Federa l Law from 27 November 2010 No. 311-FZ, customs 
bodies' decisions on suspension of the release of goods , extension of the term of suspension of release 
of goods, revocation of a decision on suspension of the release of goods and also on the grant of the right to information and to the taking of samples and specimens, shall be taken by a customs body not 
later than the next working day after the date of di scovery of signs of a breach of intellectual property  IP/N/6/RUS/1 
 Page 13 
 
 
  rights, of receipt of a relevant written applica tion or of the commission of another action deemed 
ground for the taking of the relevant decision.   In accordance with article 331 of the Customs Code  of the Customs Union if, during realization of 
customs actions related to the placing under cu stoms procedures of goods containing objects of 
intellectual property included in the customs register  kept by the customs body of the member-state of 
the Customs Union, the customs body finds signs of infringement of the rights for intellectual property, the release of such goods is suspended for ten working days.   If there is a request of the right holder or the party representing his interests, this period may be 
prolonged by the customs body, however, not more than ten working days, if the mentioned parties 
applied to the authorized bodies for protection of th e rights of the right holder in compliance with the 
legislation of the member-states of the Customs Union.   Decisions suspending the release of goods and prolonging the period of suspension of release of 
goods are adopted in writing by the head of the cu stoms body or the person authorized by him.  
 The customs body, no later than within one working day following the day of adoption of the decision 
suspending the release of goods containing objects of intellectual property, shall notify the declaring party and the right holder or the parties representing th eir interests of such suspension, the reasons and 
periods of suspension, as well as report to the declar ing party the name and the place of location  of 
the right holder and/or the party representing his interests, and to the right holder or the party 
representing his interests - the name and place of location  of the declaring party.  
 Upon the expiry of the period of suspension of release of goods containing objects of intellectual property, the release of such goods is renewed and is carried out according to the procedure specified 
in the Customs Code of the Customs Union, ex cept for the cases when the customs body receives 
documents confirming withdrawal of goods, their a rrest or confiscation, or other documents in 
compliance with the legislation of the member-states of the Customs Union.   Customs bodies may suspend the release of goods c ontaining objects of intellectual property not 
included in the customs register of objects of intellectual property kept by the customs body of the 
member-state of the Customs Union and the joint cu stoms register of objects of intellectual property 
of the member-states of the Customs Union withou t application of the right holder according to the 
procedure specified in the legislation of the member-states of the Customs Union.  
 The right holder shall be held liable in compliance w ith the civil legislation of the member-states of 
the Customs Union for the property damage incurred on the declaring party, the owner, the recipient 
of the goods containing objects of intellectual prope rty as a result of suspen sion of the release of 
goods in compliance with the present Chapter, if violation of the rights of the right holder is not found.    
17. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of  proceedings and their cost.  How long is the validity of 
decisions by the competent authorities for the suspension of the release of goods into free 
circulation? 
 
In accordance with the Customs C ode of the Customs Union if, during the realization of Customs 
actions related to the placing under customs procedures of goods containing objects of intellectual 
property included in the customs register kept by the customs body of the member-state of the 
Customs Union, the customs body finds signs of infr ingement of the rights for intellectual property, 
the release of such goods is suspended for ten working days.   IP/N/6/RUS/1 
Page 14  
 
  If there is a request of the right holder or the party representing his interests, this period may be 
prolonged by the customs body, however, not more than ten working days, if the mentioned parties applied to the authorized bodies for protection of th e rights of the right holder in compliance with the 
legislation of the member-states of the Customs Union.   
The payment for inclusion in the customs regist er of objects of intellectual property and for 
application of procedure of suspension of release is not raised.  
18. Are competent authorities required to act upon their own initiative and, if so, in what 
circumstances?  Are there any special provisions applicable to ex officio  action? 
 In accordance with article 308 of the Federa l Law from 27 November 2010 No. 311-FZ, customs 
bodies are entitled to suspend the release of goods c ontaining intellectual property items which have 
not been entered in the register if signs of an infringement of intellectual property rights are discovered and if information is available about the right holder (a representative thereof) on the 
territory of the Russian Federation. Customs bodies ar e entitled to request that the right holder provide 
the information required to execute the powers envisag ed by the present article. If the release of goods 
is suspended in accordance with the present article , customs bodies shall inform the right holder and 
the declaring party  accordingly not later than on the day followi ng the date of suspension of release of 
the goods.   
The clearance of goods shall be suspended for sev en working days. The customs body is entitled to 
extend said term by up to ten working days if the ri ght holder has sent a term-extension application in 
writing to the customs body and filed an application with the federal executive governmental body empowered in the area of customs affairs for inclusion of the relevant intellectual property item in the register in accordance with Article 306 of the Law from 27 November 2010 No. 311-FZ.  
 
The right holder is entitled to receive information from the customs body about the goods in respect of 
which a release suspension decision is taken in acco rdance with the present article and also to take 
samples and specimens of such goods.   A decision on suspension of the release of goods sha ll be revoked before the e xpiry of the term of 
suspension of clearance of the goods if the inform ation held by the customs body concerning the right 
holder has not been confirmed or the right holder  (a representative thereo f) has asked the customs 
body to revoke such decision and also in th e case envisaged by Article 310 of the Law from 
27 November 2010 No. 311-FZ. Unless before the expi ry of the period of suspension of clearance of 
the goods the right holder fulfilled the conditions set out in Part 2 of the present article or the 
empowered body took a decision on seizure of the goods, arrest or confiscation thereof, the goods 
shall be cleared in the procedure established by th e customs legislation of the Customs Union and the 
Law from 27 November 2010 No. 311-FZ.   The measures envisaged are not applicable to the goods containing intellectual property items on 
which measures have been earlier taken in accordance with referred article.  
 
19. Describe the remedies that the competent authorities have the authority to order and 
any criteria regulating their use.   
 
The Code of the Russian Federation on Administra tive Offences provides for administrative liability 
of infringement of intellectual property rights in: 
  IP/N/6/RUS/1 
 Page 15 
 
 
  -  article 7.12 of the Code "Infringement of the copyrights and related rights, inventive and 
patent rights" and item;  
 -  article 14.10 of the Code "Illegal use of a trade mark".  
According to chapter 28 of the Code of the Russian  Federation on Administrative Offences, customs 
authorities in case of identification of grounds of an  administrative infringement, have the right to 
bring an administrative offence action, make an inv estigation and send materials of a case to the court 
which takes the decision on the nature of an administrative punishment.  
Within the limits of administrative proceedings, th e Code of the Russian Federation on Administrative 
Offences allows customs bodies of the Russian Fede ration to make withdrawal  and arrest of the goods 
which were tools of administrative infringement.  Cases of administrative infringement consistent w ith article 14.10 of the Code of the Russian 
Federation on Administrative Offences committed by legal persons and indivi dual entrepreneurs are 
subject of consideration of the judge of arbitration co urts, as it is stipulated in part 3 of article 23.1 of 
the Code of the Russian Federa tion on Administrative Offences. 
 Cases of administrative infringement consistent w ith article 14.10 of the Code of the Russian 
Federation on Administrative Offences committed by na tural persons are subject of consideration of 
the judge of Courts of Law, as it is stipulated in part 1 of article 23.1 of the Code of the Russian 
Federation on Administrative Offences.  In court the victim in the case of an administrativ e infringement can defend intellectual property right. 
 
Proceeding from the meaning of article 25.2 of the Code of the Russian Federation on Administrative 
Offences, the victim is the legal person or carryi ng out commercial activity na tural person - the owner 
of an exclusive right to means of an individualization (right holder) to whom administrative infringement causes moral or property damage. Prope rty damage may be understood as the loss of 
profits, which this person would ha ve derived under the ordinary conditions of the civil turnover, if 
his right were not violated (the missed profit). Moral harm (natural and moral suffering) may be 
understood as the consequences of distribution of th e data discrediting the business reputation of the 
natural or legal person.  According to part 3 of article 25.2 of the Code of the Russian Federation on Administrative Offences, 
a case concerning an administrative offence shall be considered with the participation of the aggrieved 
party. In the absence thereof a case may only be tried if there is evidence of the proper notification of 
the aggrieved party about the place and time of consid eration of the case, or if the aggrieved party has 
not made a petition to postpone consideration of th e case, or if such petition has not been allowed. 
 In this connection and on the basis of article 29.4 of the Code of the Russian Federation on Administrative Offences during preparation for a lega l investigation on administrative infringement  
the judge resolves a question upon request from the persons in accordance with the Code of the 
Russian Federation on Administrative Offences, includi ng the victim. Also the victim is entitled to 
familiarize himself with all the materials of a case  concerning an administrative offence, to give 
explanations, to present evidence, to make petitions  and objections, to have the legal assistance of a 
representative, to appeal against a decision on this  case, and to enjoy other procedural rights in 
compliance with this Code.  
 IP/N/6/RUS/1 
Page 16  
 
  Judicial remedies: 
 -  Issue of decision on adoption of an administ rative punishment (of the Code of the Russian 
Federation on Administrative Offences); 
 
-  Ways of protection of exclusive rights (civ il-law responsibility) are listed in articles 1250, 
1252, 1253, 1301, 1311, 1312 of the Civil Code of the Russian Federation. 
 Intellectual rights are protected by the remedies  envisaged by the Civil Code of the Russian 
Federation, especially in articles 1250, 1252, 1 253, 1301, 1311, 1312 with account taken of the 
essence of the right violated and of the c onsequences of the infringement of the right. 
 The remedies set out in the Civil Code of the Russi an Federation for intellectual property rights shall 
be applicable at the request of right holders, co llective management organi zations, and also other 
persons in the cases established by law. 
 
The lack of fault of an infringer shall neither render him free of the duty to stop infringement of 
intellectual rights nor preclude the imposition of the sanctions on the infringer to protect the rights. For instance, the publication of a court's decisi on on an infringement committed and the stopping of 
the actions infringing the exclusive right to th e result of intellectual activity or means of 
individualization or creating the threat of infringement  of the right shall take place irrespective of the 
infringer's fault and at the expense of the infringer.  
 
Criminal Procedures 
 
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.   
 
According to the provisions of parts 1 and 2 of ar ticle 31 of the Criminal Procedural Code of the 
Russian Federation, criminal cases on crimes provided by articles 146 "Infringement of the copyrights 
and related rights, 147 "Infringement inventive an d patent rights" and 180 "Illegal use of a trade 
mark" of the Criminal Code of the Russian Federa tion are in the jurisdiction of the Court of Law. 
 21. In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available?   
 
The Criminal Code of the Russian Fe deration establishes responsibility for: 
 
appropriation of authorship (plagiarism), if this act has caused significant damage to the 
author or another possessor of the right;  illegal use of objects of copyright or related rights, as well as the acquisition, storage or carriage of counterfeited copies of works or phon ograms for the purpose of sale carried out on 
a large scale; 
 
illegal use of objects of copyright or related rights, as well as the acquisition, storage or carriage of counterfeited copies of works or phonograms for the purpose of sale committed by a group of persons by previous concert or by an organized group, on an especially large scale, 
by a person with the use of his official position; 
 
illegal use of an invention, utility model, or in dustrial design, disclosure of the essence of an 
invention, utility model, or industrial design, w ithout the consent of its author or applicant, 
and before the official publication of info rmation about them, th e illegal acquisition of  IP/N/6/RUS/1 
 Page 17 
 
 
  authorship, or the compelling to co-authorship , if these acts have inflicted damage to a 
person; 
  
illegal use realized by a group of persons with preliminary accord or by an organized group of 
an invention, utility model, or industrial design,  disclosure of the essence of an invention, 
utility model, or industrial design, without the c onsent of its author or applicant, and before 
the official publication of information about th em, the illegal acquisition of authorship, or the 
compelling to co-authorship, if these acts have inflicted damage to a person; 
 illegal use of a trademark or service mark, name of the place of origin of goods, or similar 
designations for homogeneous goods, if this d eed has been committed repeatedly or has 
caused substantial damage;  illegal use of a trademark or service mark, name of the place of origin of goods, or similar 
designations for homogeneous goods, if this d eed has been committed repeatedly or has 
caused substantial damage committed by a group of persons by previous concert or by an 
organized group;  illegal use of special marking in respect to a tr ademark which is not regi stered in the Russian 
Federation, or the name of the place of origin  of goods, if this deed has been committed 
repeatedly or has inflicted sizable damage;  
 
illegal use of special marking in respect to a tr ademark which is not regi stered in the Russian 
Federation, or the name of the place of origin  of goods, if this deed has been committed 
repeatedly or has inflicted sizable damage co mmitted by a group of persons by previous 
concert or by an organized group. 
 22. Which public authorities are responsible for initiating criminal proceedings?  Are they 
required to do this on their own initiati ve and/or in response to complaints?   
 
In the Russian Federation, criminal proceedings can be initiated by the Ministry of Interior of the 
Russian Federation, the Investigative Committee of the Russian Federation, the General Prosecutor's 
Office. 
 In accordance with the third part of article 20 of  the Criminal Procedural Code of the Russian 
Federation, criminal cases related to illegal use of obj ects of copyright or related rights, as well as the 
acquisition, storage or carriage of counterfeited c opies of works or phonograms for the purpose of sale 
carried out on a large scale and to illegal use of an  invention, utility model, or industrial design, 
disclosure of the essence of an invention, utility model, or industrial design, without the consent of its author or applicant, and before the official publication of informati on about them, the illegal 
acquisition of authorship, or the compelling to co-a uthorship are considered as criminal cases of the 
private-public prosecution and are initiated only upon application from the victim, or from his legal 
representative, but are not subject to the termina tion in connection with the victim's reconciliation 
with the accused, with the exception of the cases envisaged in the Criminal Code of the Russian 
Federation.  In accordance with the third part of article 20 of  the Criminal Procedural Code of the Russian 
Federation, the head of an investigative agency, the investigator, as well as the inquirer with the 
consent of the procurator shall institute a criminal  case on any crime indicated in Parts Two and Three 
of this Article, and in the absence of an applicatio n of the victim or his legal representative, if the 
crime has been committed in respect of a person who,  due to his dependent or helpless state or for 
other reasons cannot defend his rights and legal inter ests. The other reasons shall also include the case 
of commission of a crime by a person th e information about whom is unknown. IP/N/6/RUS/1 
Page 18  
 
   
All other acts committed under articles 146, 147 and 180 of the Criminal Code of the Russian Federation are criminal cases of public charge and are raised in an order established by article 146 of 
the Criminal Procedural Code of the Russian Federation.  23. Do private persons have standing to init iate criminal proceedings and, if so, who?   
 
Are entitled to initiate legal proceedings (criminal prosecution) associated with the crimes referred to 
in Articles 146, 147, 180 of the Criminal Code of  the Russian Federation a natural person having the 
personal and property rights of in tellectual property, or his legal representative, as well as other 
persons (both physical and legal), who own these ri ghts on a legal basis, through an inheritance or 
through a contract and who suffered physical, material or moral harm. 
 
24. Specify, by category of IPR and type of in fringement where necessary, the penalties and 
other remedies that may be imposed: imprisonment; monetary fines; seizure, forfeiture 
and destruction of infringing goods and mat erials and implements for their production;  
other.   
 
In accordance with Article 146 of the Criminal Code of the Russian Federation, penalties for 
infringement of Copyright and Related Rights are:  
Appropriation of authorship (plagiarism), if this act has caused significant damage to the 
author or another possessor of the right - shall be  punishable with a fine in an amount of up to 
200,000 roubles or in the amount of the wage or another income of the convicted person for a 
period of up to 18 months, or with obligatory work for a period of up to 480 hours, or by corrective labour for a term of up to one year, or with arrest for a period of up to six months.  
 
Illegal use of objects of copyright or related rights, as well as the acquisition, storage or 
carriage of counterfeited copies of works or phon ograms for the purpose of sale carried out on 
a large scale - shall be punishable by a fine in the amount of up to 200,000 roubles, or in the amount of a wage/salary or other income of the convicted person for a period of up to 18 months, or by obligatory labour for a term of up to 480 hours, or by corrective labour for a 
term of up to two years, or by compulsory labour for a term of up to two years, or by 
deprivation of liberty for the same term.  Acts stipulated by both of the previous paragr aphs, if they have been committed: by a group 
of persons by previous concert or by an orga nized group; on an especially large scale; by a 
person with the use of his official position - sh all be punishable by compulsory labour for a 
term of up to five years, or by deprivation of liberty for a term of up to six years accompanied by a fine in the amount of up to 500,000 roubl es or in the amount of a wage/salary or other 
income of the convicted person for a period of up to three years.  Acts stipulated in the previous paragraphs sha ll be deemed to have been committed on a large 
scale if the value of the copies of the works or  phonograms or the value of the rights for the 
use of the objects of copyright or related ri ghts exceed 100,000 roubles, and on an especially 
large scale - one million roubles.  
 In accordance with Article 147 of the Criminal Co de of the Russian Federation, penalties for the 
infringement of Inventor's Rights and Patent Rights are: 
 
Illegal use of an invention, utility model, or i ndustrial design, disclosure of the essence of an 
invention, utility model, or industrial design, w ithout the consent of its author or applicant, 
and before the official publication of info rmation about them, th e illegal acquisition of  IP/N/6/RUS/1 
 Page 19 
 
 
  authorship, or the compelling of co-authorship, if these acts have inflicted damage to a person 
- shall be punishable with a fine in an amount of up to 200,000 roubles, or in the amount of a wage/salary, or any other income of the convi cted person for a period of up to 18 months, or 
by obligatory labour for a term of up to 480 hours, or by compulsory works for a term of up to two years, or by deprivation of liberty for the same term. 
 
The same deeds committed by a group of persons  by previous concert or by an organized 
group - shall be punishable with a fine in an amount of from 100,000 to 300,000 roubles, or in 
the amount of the wage or salary, or any other income of the convicted person for a period of 
up to eight months, or by arrest for a term of from one to two years, or by compulsory labour 
for a term of up to five years, or by deprivation of liberty for a term of up to five years.  
 In accordance with Article 180 of the Criminal Code of the Russian Federation, penalties for 
infringement of trademarks, service marks, name of the place of origin of goods are:  
Illegal use of a trademark or service mark, name of the place of origin of goods, or similar 
designations for homogeneous goods, if this d eed has been committed repeatedly or has 
caused substantial damage - shall be punishab le with a fine in an amount of up to 
200,000 roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by compulsory works for a term of up to 480 hours, or by corrective labour for a term of up to two years.  
 
Illegal use of special marking in respect to a tr ademark which is not registered in the Russian 
Federation, or the name of the place of origin  of goods, if this deed has been committed 
repeatedly or has inflicted sizable damage - sha ll be punishable with a fine in an amount of up 
to 120,000 roubles, or in the amount of the wage or salary, or any other income of the 
convicted person for a period of up to one year, or by compulsory works for a term of up to 
360 hours, or by corrective labour for a term of up to one year.  
 
The actions specified in both of the previous paragraphs committed by a group of persons by 
previous concert or by an organized group - shall be punishable by a fine in the amount of 500,000 to 1,000,000 roubles or in the amount of a wage/salary or other income of the 
convicted person for a period of three to five y ears, or by compulsory labour for a term of up 
to five years, or by deprivation of freedom fo r a period of up to six years with a fine in the 
amount of up to 500,000 roubles or in the amount of a wage/salary or other income of the convicted person for a period of up to three years. 
 25. Describe provisions governing the length and any cost of proceedings.  Provide any 
available data on the actual duration of proceedings and their cost, if any.   
 
Article 6.1 of the Criminal Procedural Code of the Russian Federation establishes a reasonable term 
of criminal legal proceedings as one of the principles of criminal legal proceedings. In the article it is 
defined that Criminal court proceedings shall be carried out within the time-periods fixed by this 
Code. It shall be permissible to extend these time-p eriods in the instances a nd in the procedure which 
are provided for by this Code but criminal prosecuti on, infliction of punish ment and termination of 
criminal prosecution shall be effected within a reasonable time.  When fixing a reasonable time of court proceedin gs, which is a time-period from the start of the 
criminal prosecution to the termination of criminal  prosecution or passing the judgment of conviction, 
shall be taken into account such circumstances as the legal and factual complexity of a criminal case, 
behaviour of the criminal court proceedings' partic ipants, sufficiency and effectiveness of actions of 
court, prosecutor, head of an investigatory body, i nvestigator, head of an inquiry subdivision, inquiry IP/N/6/RUS/1 
Page 20  
 
  body and inquirer, which are made with the aim of carrying out a criminal prosecution or trying a 
criminal case in due time and the total duration of criminal proceedings.  A preliminary investigation term according to ar ticle 162 of the Criminal Procedure Code of the 
Russian Federation shall be completed within two m onths from the day of institution of the criminal 
case. 
 Into the term of the preliminary investigation sh all be included the period of time from the day of 
institution of the criminal case until the day of forwarding it to the public prosecutor with the 
conclusion of guilt or with the resolution on handing ov er the criminal case to the court for examining 
the question about the application of forcible meas ures of the medical character, or until the day of 
adopting the resolution on the termination of the proceedings on the criminal case. 
 Into the term of the preliminary investigation sh all not be included the time for appealing by an 
investigator against the prosecuto r's decision where it is provided for by Item 2 of Part One of 
Article 221 of the Criminal Procedure Code of the Russian Federation, as well as the time during 
which the preliminary investigation was suspende d on the grounds envisaged by the present Code. 
 The term of the preliminary investigation stipulat ed by the first paragraph of the article may be 
extended up to three months by the head of the corresponding investigatory body.  
The term of the preliminary investigation on a crim inal case, the inquisition of which is particularly 
complicated, may be extended by the head of the in vestigatory agency for a constituent entity of the 
Russian Federation and by another head of an i nvestigatory body equated therewith, as well as by 
deputies thereof, by up to twelve months. A further extension of the term of the preliminary investigation may be effected only in exceptiona l cases by the Chairman of the Investigation 
Committee of the Russian Federation,  by the head of the investigat ory agency of the appropriate 
federal executive body (under the federal ex ecutive body) or by deputies thereof.  
 If it is necessary to extend the term of the prelimin ary investigation, the investigator shall pass the 
corresponding resolution and shall submit it to the chief of an investigatory agency not later than five 
days prior to an expiry of the term of the preliminary investigation. 
 
In accordance with article 227 of the Criminal Pr ocedural Code of the Russian Federation on the 
criminal case which has arrived at the court, the judge  shall take the decision within a time term of not 
later than 30 days after the day of the criminal ca se coming to the court. If the court accepts a criminal 
case with respect to an accused who is held in custod y, the judge shall be obliged to take the decision 
within a term of no more than 14 days after the day or arrival of the criminal case at the court. On the 
request of a party the court is entitled to provide it with an opportunity to additionally familiarize 
itself with the criminal case materials.  In accordance with article 233 of the Criminal Pro cedural Code of the Russian Federation (Time Term 
for the Beginning of the Proceedings in a Court Session): 
 
the examination of a criminal case in a court session shall be started not later than within 14 days from the day of the judge passing the resolution on an appointment of the court session, and as concerns the criminal cases consid ered by a court with the participation of 
jurors - not later than within 30 days; 
 
the consideration of a criminal case in a cour t session cannot be started earlier than seven 
days from the day of submission in a copy of the conclusion of guilt or of the bill of indictment to the accused;   IP/N/6/RUS/1 
 Page 21 
 
 
  if, after its submission to a court, the case is not considered for a long time and the trial is 
delayed, interested persons may contact the Chairman of the Court for a statement to expedite the proceedings. According to the results of th e application the Chairman of the Court shall 
issue a reasoned decision, which can be to give  a deadline for the hearing of the case and (or) 
other procedural actions can be ta ken to expedite the proceedings. 
 
According to article 131 of the Criminal Procedural Code of the Russian Federation, procedural costs 
shall be expenses connected with the proceedings on the criminal case, which shall be recompensed 
from the funds of the federal budget or from the mean s of the participants in the criminal court 
proceedings. 
 
To the procedural costs shall be referred:  (1) amounts payable to a victim, witness, their legal representatives, an expert, specialist, interpreter, 
attesting witnesses, and also a lawyer participati ng in a criminal case by assignment of an inquirer, 
investigator or the court, for covering the e xpenses connected with appearance at the place of 
performance of procedural actions and stay (expe nses on travel, rental of housing accommodation and 
additional expenses connected with staying outside the place of permanent residence (per diems)); 
 (2) the sums, paid out to the working victim, witn ess, their legal representatives and the attesting 
witnesses in compensation for the non-received wag es over the time they have spent in connection 
with the summons to the body of inquiry, to the inve stigator, to the public prosecutor or to the court; 
 (3) the sums, paid out to the victim, the witness, their legal representatives and the attesting witnesses, 
who have no permanent wages, for distrac ting them from their usual occupations; 
 
(4) the remuneration, paid out to the expert, interpre ter or specialist for the discharge of their duties in 
the course of the criminal court proceedings, with  the exception of the cases, when these duties were 
discharged by them under official orders;  (5) the sums, paid out to the lawyer for his rendering  legal advice, if the lawyer is taking part in the 
criminal court proceedings by appointment; 
 
(6) the sums, expended for the storage and sending over of the demonstrative evidence; 
 (7) the sums, spent for carrying out the forensic  medical expertise at the expert institutions; 
 
(8) the monthly state allowance in the amount of five minimum sizes of the remuneration of labour, 
paid out to the accused, temporarily dismissed from the post in accordance with the procedure 
established by the Criminal Procedural Code of the Russian Federation;  (9) the other costs, made in the course of the pr oceedings on the criminal case and envisaged by the 
present Code. 
 
The sums, pointed out in points (1)-(9), shall be paid out in accordance with the resolution of the 
inquirer, the investigator, the public prosecuto r or of the judge, or under a court ruling. 
 In accordance with article 132 of the Criminal Proce dural Code of the Russian Federation, procedural 
costs shall be recovered from the convicts or shal l be recompensed from the funds of the federal 
budget.   
__________