Legal support of ICC RAS LLC in protection of its intellectual property rights

ICC RAS LLC, one of the leading real estate developers in Krasnodar, contacted Kachkin & Partners attorneys in connection with its receipt of a suit filed by a design institute. The claimant’s grievances were motivated by what it viewed as the unlawful use of an architectural design that had been developed for the erection of a residential complex in Krasnodar Krai.

Claiming the ostensible violation of its intellectual property rights, the claimant was asking the court for the recovery from the developer of compensation in the amount of almost 300 000 euro.

Kachkin & Partners attorneys analyzed the case file, identified the weak spots in the claimant’s legal position, and prepared a reasoned rebuttal to the design institute’s statement of claim.

Among other things the firm’s attorneys referred in their argument to the fact that the claimant had failed to prove its status as the rightful copyright-holder, and the respondent’s use, of the design, and challenged the calculation of compensation, which they asserted had been severely and artificially inflated.

In the end the vigorous actions in defense of the client forced the claimant to join Kachkin & Partners’ client in signing an amicable settlement, whereby the amount of compensation was six times lower than that originally asserted.

Kirill Saskov

Head of Corporate and Dispute Resolution Practice

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