Protection of intellectual property is one of the key priorities for modern businesses. Starting January 4, 2026, amendments to the Civil Code of the Russian Federation will come into force, significantly changing the procedure for claiming compensation for infringement of exclusive rights to trademarks, trade names, and other intellectual property objects (IP).
If you need an intellectual property lawyer to protect your brand or represent you in court, here are the key updates prepared by TIM experts.
What Will Change in Trademark and IP Protection?
1. Unified penalty for multiple uses
If a trademark is used in different ways within a single infringement case (for example, on packaging, in online advertising, and on signage at the same time), the court may classify this as a single infringement. This is an important nuance that IP lawyers must consider when calculating claims.
2. Increased maximum compensation
The legislator has raised the upper threshold of liability. The maximum compensation for IP infringement in a fixed amount is now 10 million rubles (previously 5 million rubles). This strengthens the position of rights holders in disputes.
3. Reduced liability for bona fide infringers
If a defendant proves lack of fault (did not know and could not have known about the infringement), reduced rates apply:
Fixed compensation: from 10,000 to 500,000 rubles
Royalty-based calculation: from 1x to 2x the value of counterfeit goods or license fees
4. Court’s right to adjust calculation method
Even if the rights holder or their IP lawyer makes an error in the calculation method, the court will not dismiss the claim but will independently determine the final amount based on the circumstances of the case.
5. Protection of multiple IP objects in one product
If a counterfeit product infringes several IP rights simultaneously (for example, a trademark and an industrial design), the total compensation is now limited by the highest threshold applicable to a single object. This prevents excessive penalties in arbitration disputes.
6. Joint liability for counterfeit distribution
All participants in the supply chain of counterfeit goods are now jointly liable. Case law shows this simplifies enforcement for rights holders. A defendant who pays the full amount retains the right of recourse against other participants.
7. Rules for co-owners of IP rights
If a trademark has multiple owners, any of them may initiate a claim. The compensation is distributed equally among co-owners unless otherwise agreed in their internal arrangement.
Need an Intellectual Property Lawyer?
TIM specializes in trademark protection, brand registration, and court representation in intellectual property disputes.
Our services:
Trademark registration and full protection support
Recovery of compensation from infringers
IP portfolio audit
Representation in antimonopoly authorities (FAS) and courts