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 rules for claiming compensation for infringement of exclusive rights to trademarks, trade names, and other intellectual property results.
If you are looking for an intellectual property lawyer to protect your brand or represent you in court, here are the key updates prepared by TEAM experts.
What is changing in trademark and IP protection?
1. Unified penalty for multiple uses
If a trademark is used in different ways within a single infringement scenario (for example, on packaging, in online advertising, and on signage at the same time), the court may treat this as a single infringement. This is an important nuance that a trademark attorney must consider when calculating claims.
2. Increase in maximum compensation
The legislature has increased the upper threshold of liability. The maximum statutory compensation for IP infringement in a fixed amount is now 10 million rubles (previously 5 million). This strengthens the position of rights holders in brand protection disputes.
3. Limits for bona fide infringers
If a business proves lack of fault (i.e., it did not know and could not have known about the infringement), reduced penalties will apply:
Fixed compensation: from 10,000 to 500,000 rubles
Multiplicative compensation: from one to two times the value of the counterfeit goods or license fee
4. Court’s right to adjust the 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. Instead, it will independently determine the final amount based on the case circumstances.
5. Protection of multiple IP objects within one product
If a single counterfeit product infringes several IP rights (for example, both a trademark and an industrial design), the total compensation is now capped at the highest limit applicable to one of those objects. This rule is intended to prevent excessive penalties in arbitration disputes.
6. Joint liability for counterfeit distribution
All participants in the distribution chain of counterfeit goods are now jointly liable. Case law shows this significantly simplifies enforcement for rights holders. A party that pays the full compensation retains the right to seek reimbursement from other infringers.
7. Rules for co-owned trademarks
If a trademark has multiple owners, any of them may initiate a claim. The awarded compensation is distributed equally among co-owners (unless otherwise provided in their internal agreement).
Need an intellectual property lawyer?
TEAM specializes in trademark protection, brand registration, and litigation involving intellectual property disputes.
Our services include:
Trademark registration and full IP protection package