Defense of architectural studio’s rights to design of new stage in Maly Drama Theatre – Theatre of Europe

Mamoshin’s architectural studio contacted Kachkin & Partners’ lawyers for help in defense of copyright to the architectural design developed by the studio. As the Kachkin & Partners’ client asserted, this was the design illegally used in construction of the new stage in Maly Drama Theatre –Theatre of Europe – under a government contract.

The lawyers analyzed the history of architectural design development and handling of its rights. They managed to collect a comprehensive evidential base demonstrating that the design company and the developer employed by the government for theatre construction were illegally using the architectural design owned by the Kachkin & Partners’ client. Besides, they worded multiple legal arguments confirming that the fact of design development by the architectural studio under the order of one of defendants did not mean that its rights had been transferred to it or a governmental agency.

Despite the fact that the court of the first instance dismissed actions to the design company and the development with requests to prohibit design use, the Kachkin & Partners’ lawyers were able to secure cancellation of the illegal judgement in the court of appeal, and later support this court ruling when it was appealed by the defendant in the Intellectual Property Court and prohibit use of the architectural design by the defendants. The lawyers also filed a separate action against the developer to recover compensation for copyright violation, and in August 2017 these claims were satisfied, the resolution was made to recover a compensation in the amount of 7,285,000 RUR, however, the compensation amount was reduced by the court and left as such by the court of appeal in January 2018. Currently the lawyers of Kachkin & Partners Law Firm are preparing to appeal this resolution in the Intellectual Property Court.

Kirill Saskov

Head of Corporate and Dispute Resolution Practice, attorney

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