Business reputation protection
Business reputation protection
Why
It is assumed that each participant in civil relations acts in good faith. Unfortunately, in practice, situations may arise when false and defamatory information is deliberately disseminated about a person, including in the media. The law makes it possible to suppress and refute such information, to compensate for losses and, in certain cases, to compensate for moral damage.
152Note. Article 152 of the Civil Code of the Russian Federation establishes ways to protect the honor, dignity and business reputation of a citizen, including in relation to the Internet. The article makes a reservation that it is applicable to legal entities with respect to their business reputation, with the exception of provisions on compensation for moral damage.
For whom
The Uskov & Partners team deals with the protection of the honor, dignity and business reputation of citizens and the protection of the business reputation of legal entities.
In addition, we help those clients who have successfully defended their intellectual rights (for trademarks, copyrighted objects, etc.), our specialists will help with checking press releases so that the client can share the news with their audience.
In addition, we help those clients who have successfully defended their intellectual rights (for trademarks, copyrighted objects, etc.), our specialists will help with checking press releases so that the client can share the news with their audience.
Details
In cases of protection of honor, dignity and business reputation, the burden of proof is distributed as follows: the plaintiff (citizen or legal entity defending their rights) must prove the fact of the dissemination of information by the defendant, as well as the defamatory nature of such information, and the defendant is required to prove that said information is true.
152 Note. According to clause 10 of Article 152 of the Civil Code of the Russian Federation, the rules of this article, in addition to the provisions on moral damage, can also be applied by the court to cases of dissemination of any information about a person that does not correspond to reality, but it is this person who must prove the discrepancy of such information with reality.
Plaintiffs can use special methods to protect their rights. For example, refutation of widespread defamatory information, publication of a response, and removal of information (including from the Internet). In addition, both damages and compensation for non-pecuniary damage are available to plaintiffs-citizens. With regard to legal entities acting as plaintiffs, the Supreme Court of the Russian Federation noted:
“The entry into force [...] of the new edition of Article 152, which excludes the possibility of compensation for moral damage in case of diminishing the business reputation of legal entities, does not prevent the protection of the violated right by a legal entity's claim for compensation for damage caused to the reputation of a legal entity” (Definition of the Supreme court of Russian Federation No. 307-ES16-8923 of November 18, 2016).
With regard to intellectual property law, the Supreme Court of the Russian Federation stated:
“The dissemination of false information about the trademark under which the plaintiff's products are produced diminishes the business reputation of the plaintiff, even if the plaintiff themselves were not named in the publication” (Review of the practice of consideration by courts of cases on disputes on the protection of honor, dignity and business reputation, approved on March 16, 2016, by the Presidium of the Supreme Court of Russian Federation).
We provide legal support in collecting and securing evidence of violation, filing claims, participating in negotiations and conducting a case in court.
Services
News and publications
07/10/2020
WIPO Discussion on Artificial Intelligence
On July 7–9, 2020, the second round of the World Intellectual Property Organization Discussion on the Role of Artificial Intelligence in Determining Intellectual Property Policy was held.
01/22/2020
Tobacco Company Trademark Infringement Dispute
Svetlana Uskova gave comments to Delovoy Peterburg on the dispute between two tobacco companies — Petro LLC (St. Petersburg) and Samarin LLC (Moscow).
05/12/2019
Use of geographic names in the registration of trademarks
By the Resolution of the Presidium of the Court for Intellectual Property Rights (SIP) dated 12.09.2019 No.SP-21/31, a Review on SIP practice on issues related to the use of geographical names in the registration of trademarks was taken into account.