Semenov and Pevzner: Copyright Protection, Audit and Intellectual Property Protection

Well aware of the intricacies of intellectual property disputes, the Semenov & Pevzner team make sure that every case is approached systematically, coherently - and creatively, coming up with bespoke solutions that yield desired results in a timely and efficient manner

Core services:

• legal risk assessment and evaluation of litigation prospects
• comprehensive pre-trial support (writing and handling complaints, conducting negotiations and correspondence, drafting and negotiating settlement agreements)
• representation in civil proceedings heard in courts of general jurisdiction and commercial courts
• domain name dispute resolution
• defamation dispute resolution
• unfair competition dispute resolution
• assistance with the enforcement of the right to be forgotten
• representation in arbitration proceedings
• representation in enforcement proceedings
• representation in the Federal Antimonopoly Service
• full legal support in administrative proceedings
• full legal support in criminal proceedings
• compilation of relevant court decisions
• drafting of documents for the court

Any hi-tech IT business revolves around software, technology and information infrastructure, and other intellectual property. In order to safeguard the business, it is necessary to make sure its assets are protected and structured properly from the outset. Semenov & Pevzner offer comprehensive legal support of IT projects of any stage, including help with business set-up planning, structuring of business models, raising of financing, and strategic deal planning.

Core services:

• legal audit of the project
• engagement of developers, workers and contractors
• software registration
• suppression of counterfeit software distribution
• transaction structuring (including M&A deals)

An agreement is a key tool of virtually any business. A competently drafted document is instrumental to a successful and safe transaction, as it helps minimise risks and avoid complex and resource-intensive litigation. Contractual disputes remain one of the most widespread business conflict types. The disagreement often stems from overlooked important terms or ambiguous wording. Expert lawyers of Semenov & Pevzner have accumulated extraordinary experience assisting both Russian and foreign businesses, and are able to offer a full range of drafting, negotiating and audit services relating to intellectual property transactions.

Core services:

• contract drafting, review and negotiation
• preparation of job descriptions for intellectual property protection purposes
• preparation of image use and other consents
• drafting, review and negotiation of user agreements
• development of contract framework
• preparation of analytical reports
• provision of legal advice via conferences and written legal opinions
• preparation of reviews of applicable legislation
• audit of advertising materials
• intellectual property audit

Counterfeit goods represent a problem at an international scale. Distribution of such goods does not just interfere with business as usual – it threatens the survival of any commercial project rooted in intellectual property. Semenov & Pevzner offer comprehensive anti-counterfeit services in Russia, Ukraine, Belarus, and Kazakhstan.

Core services:

• marketplace monitoring and detection of counterfeit and under-declared goods
• video-surveilled test purchasing, gathering of evidence
• pre-trial communication with infringers
• full legal support in civil proceedings
• drafting of complaints to law enforcement agencies
• coordination of police raids and raids carried out by the Federal Customs Service and the Federal Service for the Oversight of Consumer Protection and Welfare
• full legal support in administrative and criminal proceedings (including appeals and enforcement)
• stopping the import of counterfeit and under-declared goods into Russia, other territories of the Eurasian Economic Union, and Ukraine
• uncovering supply chains frequently used by infringers
• monitoring and suppression of infringing commercial activity of online counterfeit distributors, including social networks, marketplaces, and search results
• ongoing and strategic consulting
• PR-support of anti-counterfeit measures

There is hardly an aspect of business and society that has not been touched by digitisation. Apart from positive changes and opportunities, this trend brings about new challenges. Any content-based business is nowadays a potential target of online piracy. Semenov & Pevzner’s dedicated practice provides a full range of services aimed at combatting piracy online for the benefit of majors, media companies and holdings, and independent creators and right holders alike.

Core services:

• detection of infringing websites
• out-of-court removal of pirated content, in particular from mobile apps, social networks, marketplaces, video-hosting and other UGC platforms
• removal of links to pirated content from search results
• removal of advertisements from Yandex.Direct and Google
• injunctive 15-day blocking of infringing websites
• legal drafting and full legal support of pirate website blocking proceedings
• blocking of ‘mirror’ sites
• blocking of mobile apps
• ongoing and strategic consulting

Semenov & Pevzner offer a full range of legal services to franchise businesses, including comprehensive contract advice.

Core services:

• devising of optimal legal framework for franchisor-franchisee relationships
• drafting of franchising agreements
• drafting of supporting commercial contracts for operational needs of the franchise network
• registration of trade marks (service marks) and subsequent disposals of rights in the marks with Rospatent
• legal assistance with the resolution of franchisee-franchisor disputes, including negotiations and litigation
• ongoing and strategic consulting

Patents, trade marks, registrable software and databases are particularly treasured business assets, as they add significant competitive value. Semenov & Pevzner provide a full range of services in the realm of intellectual property registration.

Core services:

• design registration
• utility model registration
• invention registration
• software and database registration
• drafting, analysis, structuring and registration of IP commercialisation deals
• drafting notices of opposition against third parties’ registrations and legal support in ensuing proceedings
• representation in the Chamber of Patent Disputes
• legal assistance in disputes concerning early termination of trade mark registrations
• patent attorney advice
• registration of objects of copyright with the US Copyright Office
• deposition of objects of copyright and neighbouring rights
• registration (and extension of registration) of intellectual property objects with Customs Registries of Russia, Ukraine, and countries of the Eurasian Economic Union