Article 1252: Protection of exclusive rights

1. In the event of a violation of the exclusive rights to the results of intellectual activities and to the means of individualization, they shall be protected, inter alia, by presentation in accordance with the procedure provided for in the Convention. in this Code, requirements: (1) to recognize a right to a person who denies or otherwise does not recognize a right, thereby violating the interests of the right holder; (2) to suppress acts that violate the right of the right holder; the right or threatening to violate it, to the person who commits such acts or makes the necessary preparations for them, as well as to other persons who may prevent such acts; or, in cases provided for in this Code, compensation, to a person who has misused the result of an intellectual activity or means of individualization without entering into an agreement with the right holder (non-contractual use) or otherwise violating his exclusive right and causing him harm, including the violation of his right to compensation In accordance with article 1245, paragraph 3, of article 1263 of the present Code; in accordance with paragraph 4 of this article, the seizure of the tangible medium by its manufacturer, the import of eru, custodian, carrier, seller, other distributor, unfair buyer; (5) publication of a court decision on the violation, indicating the effective right holder — nar 1.1 A violation of an exclusive right is recognized as an unlawful use of one result of an intellectual activity or of a means of individualization by one person. 2. In order to secure a claim for a violation of an exclusive right, procedural interim measures of protection may be taken commensurate with the scope and nature of the offence. Legislation, including seizure of material, equipment and materials, prohibition of related actions in information and telecommunications networks, in respect of such tangibles, equipment and materials or in respect of such acts it is assumed that the exclusive right to result of an intellectual person has been violated 3. Has lost its force since 4 January 2026 — Federal Act No. 214-FZ of 7 July 2025 4. Similarly, the import, transport or storage of tangibles in which the result of intellectual activity or the means of individualization is expressed violates the exclusive right to taco such bearers are deemed to be counterfeit and are liable, by a court decision, to be removed from circulation and destroyed without compensation of any kind, unless otherwise provided. 5. Equipment, equipment or other means primarily used or intended to be used to violate the exclusive rights to the results of intellectual property 5.1 By order of the court, the activities and means of individualization are subject to removal and destruction at the expense of the offender, unless the law provides for their application to the Russian Federation ' s income. In the case of the owner and the infringer of the exclusive right being legal persons and (or) individual entrepreneurs and the dispute to be considered by the arbitral tribunal, before being submitted A claim for damages or compensation must be made by the right holder. A partial refusal or failure to respond to a claim within thirty days of the date of submission of the claim, unless otherwise provided for by the contract. 6. If the various means of individualization (trade name, commercial know-how, etc.) are used by the claimant prior to the presentation of the claim referred to in subparagraphs 1, 2 and 5 of paragraph 1 and paragraph 5 of this article. as a service mark, a commercial designation) is identical or similar to the degree of mixing and as a result of such identity or similarity may be misleading to consumers, and (or) counterparties, advantage has a means of individualization, an exclusive right to which has arisen previously, or in cases where a convention or exhibition priority has been established, an indivable means If the means of individualization and the industrial sample are identical or similar to the degree of mixing and as a result of such identity, or Similarities can be misled by consumers and (or) counterparties, an individualization device or an industrial sample with respect to which an exclusive right has arisen. A means of individualization or an industrial sample for which an earlier priority has been established, or in cases where a convention, exhibition or other priority has been established. or such an exclusive right, in accordance with the procedure established by this Code, may require the invalidation of the legal protection of the trademark, the service mark, the recognition of the ned A valid patent on an industrial sample or a total or partial prohibition on the use of a trade name or commercial designation. is understood to be: with respect to the trade name, prohibition of its use in certain activities; with regard to the commercial designation, prohibition of its use within the limits of 6.1 In the event that one violation of an exclusive right to the result of intellectual activity or a means of individualization with respect to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right to the exercise of the right of exercise of the right of exercise of the right of exercise of the right to the exercise of the right to self-determination and (or) in certain activities. 7. In cases where a violation of an exclusive right to the result of an intellectual activity or to the means of individualization recognized by due process as unfair competition, the protection of an violated exclusive right may be exercised in the manner provided for in this Code Ex, and in accordance with the anti-monopoly legislation.