Russian Federation: Patents Comparative Guide

Last Updated: 9 October 2019
Article by Nikolay Bogdanov and Dmitry Sando
Most Read Contributor in Russian Federation, September 2019
Do you want to compare other jurisdictions?... Click here

1 Legal framework

1.1 What are the sources of patent law in your jurisdiction?

Part IV of the Civil Code, valid from 1 January 2008 (as amended by Federal Law 35-FZ of 12 March 2014) covers all issues relating to intellectual property. Chapter 72 of the Civil Code is particularly relevant to patent law.

1.2 Who can register a patent?

The right to obtain a patent for an invention originally belongs to the inventor. This right may be transferred by virtue of law, including by universal succession, or by contract, including an employment contract.

2 Rights

2.1 What rights are obtained when a patent is registered?

The patent holder has the exclusive right to use the patented invention and to prevent unauthorised third parties from:

  • making, using, offering for sale, selling, importing or otherwise commercialising:
    • the product in which the invention is used;
    • a product manufactured using the patented process;
    • a device in whose operation the patented process is automatically involved; or
    • a product used in accordance with the purpose indicated in the set of claims, where the invention involves the use of a product for a specific purpose; or
  • using a patented process.

The patent holder may dispose of its exclusive right by way of licence, assignment or pledge.

2.2 How can a patent owner enforce its rights?

In case of patent infringement, the patent holder can initiate administrative, civil or criminal proceedings. In the case of administrative proceedings, the patent holder shall lodge a complaint with the police. The police officers shall draw up an infringement report and initiate an administrative court action. The police may also initiate an administrative court action on their own initiative if they discover infringement. The plaintiff in the administrative court action is the police.

The patent holder may also initiate an administrative case before the Federal Anti-monopoly Service, which considers the case itself. Its decision may be appealed in court.

The patent holder may further initiate a civil court action, in which it will be the plaintiff.

If a criminal action must be initiated, the patent holder shall lodge a complaint with the police, which will initiate criminal proceedings in court. However, the courts will hear a criminal case only if the damage suffered by the patent holder is considerable. The amount of suffered will be evaluated by the court; if the court decides that this is not significant, it will not hear the case.

In all civil or administrative infringement actions, the courts of first and appeal instance are the local courts, whose judgments may be appealed to the IP Court. Criminal cases are considered within the structure of common courts (first instance, appeal, cassation).

If the patent holder is a physical person, any case will be considered by the common court.

2.3 For how long are patents enforceable?

The patent term is 20 years from the date of  filing the application, subject to the payment of annual fees. If the patent became invalid due to non-payment of annual fees, it may be reinstated upon the request of the owner within three years of the expiration of the last paid year.

The term of a patent relating to pharmaceuticals, pesticides or agricultural chemicals which by law require special approval for use may be extended by a period of up to five years, counting from the application filing date to the date of obtaining the first authorisation.

3 Obtaining a patent

3.1 Which governing body controls the registration procedure?

The Federal Service for Intellectual Property (Rospatent).

3.2 What is the cost of registration?

On average, the costs associated with filing, prosecution and grant of a patent are approximately $3,500 to $6,000, including official fees and patent agent fees.

3.3 What are the grounds to reject a patent application?

The grounds for rejection are as follows:

  • The subject matter of the application is not eligible for patent protection;
  • The claimed invention is not disclosed in the application in sufficient detail for it to be carried out by a person skilled in the art; or
  • The claimed invention is not new, does not involve an inventive step or is not industrially applicable.

3.4 What programmes or initiatives are available to accelerate or fast track examination of patent applications?

No accelerated examination is provided for under Russian patent law. However, an accelerated novelty search may be ordered. Rospatent also participates in several Patent Prosecution Highway (PPH) programmes, including the Global PPH, the Patent Cooperation Treaty PPH and the PPH MOTTAINAI.

3.5 Are there any types of claims or claiming formats that are not permissible in your jurisdiction (eg, medical method claims)?

A claim with multiple dependency should not depend on another claim with multiple dependency.

3.6 Are any procedural or legal mechanisms available to extend patent term (eg, adjustments for patent office delays, pharmaceutical patent term extension or supplementary protection certificates)?

The term of a patent relating to pharmaceuticals, pesticides or agricultural chemicals which by law require special approval for use may be extended by a period of up to five years, counting from the application filing date to the date of obtaining the first authorisation.

3.7 What subject matter is patent eligible?

A patent may be obtained for a technical solution relating to a product (in particular, a device, a substance, a micro-organism strain or a culture of cells of plants or animals), or to a process in all fields of technology. Pharmaceuticals, chemical compositions and treatments for humans or animals are patentable.

The following are not patentable:

  • methods of human cloning and human clones;
  • methods of modification of the genetic integrity of cells of a human embryo line;
  • use of human embryos for manufacturing or commercial purposes;
  • other solutions that are contrary to social interests or principles of humanity and morality;
  • discoveries, scientific theories and mathematical methods;
  • solutions which relate only to the external appearance of items and are directed towards the satisfaction of aesthetic requirements;
  • rules and methods of games and intellectual or economic activities;
  • computer programs; and
  • solutions consisting only of the presentation of information.

3.8 If the patent office does not grant a patent, is an appeal available and to whom?

The applicant may appeal the decision to Rospatent within seven months of its issue. Rospatent's decision on the appeal may further be appealed before the IP Court.

4 Validity/post-grant review and/or opposition procedures

4.1 Where can the validity of an issued patent be challenged?

Depending on the grounds, patent validity can be challenged before Rospatent or in court.

4.2 How can the validity of an issued patent be challenged?

The validity of a patent can be challenged before Rospatent or in court (see question 4.3).

4.3 What are the grounds to invalidate an issued patent?

The validity of an issued patent can be challenged before Rospatent on the following grounds:

  • The invention does not comply with the patentability requirements;
  • The application documents presented on the filing date did not comply with the disclosure requirement;
  • The claims in the patent contain features which were not disclosed in the application documents submitted on the filing date; or
  • The patent was granted while several applications with the same priority date were pending, in breach of the conditions envisaged by the law.

The validity of an issued patent can be challenged in court on the grounds that it was granted:

  • to an applicant which did not have standing to register the patent; or
  • with incorrect indication of the inventor(s).

4.4 What is the evidentiary standard to invalidate an issued patent?

The party submitting the appeal must demonstrate that there are valid grounds for invalidation of the patent.

4.5 What post-grant review or opposition procedures are available for third parties to challenge the validity of a patent?

Post-grant review and opposition procedures other than those described in questions 4.1 to 4.3 are not available.

4.6 Who can oppose a granted patent?

Not applicable.

4.7 What are the timing requirements for filing an opposition or post-grant review petition?

Not applicable.

4.8 What are the grounds to file an opposition?

Not applicable.

4.9 What are the possible outcomes when an opposition is filed?

Not applicable.

4.10 What legal standards will the tribunal apply to resolve the opposition or challenge, and which party bears the burden of proof?

Not applicable.

4.11 Can a post-grant review decision be appealed and what are the grounds to appeal?

Rospatent's decision on an invalidation appeal may be further appealed to the IP Court.

5 Patent enforceability

5.1 What makes a patent unenforceable?

Expiration of a patent protection term and invalidation of a patent. Please also see question 2.3.

5.2 What are the inequitable conduct standards?

Not applicable.

5.3 What duty of candour is required of the patent office?

Not applicable.

6 Patent infringement

6.1 What Constitutes Patent Infringement?

Third parties are prohibited from carrying out the following acts without the authorisation of the patent holder:

  • importing into Russia, making, using, offering for sale, selling, putting on the Russian market by any means or keeping for such purposes an item that incorporates a patented product;
  • importing into Russia, making, using, offering for sale, selling, putting on the Russian market by any means or keeping for such purposes a product obtained directly from a patented process;
  • importing into Russia, making, using, offering for sale, selling, putting on the Russian market by any means or keeping for such purposes a device that implements a patented process; or
  • using a patented process.

Further, a patent may be infringed by taking active steps that threaten direct infringement.

A patented invention is considered to be used if all features of the independent claims, or features equivalent thereto, are used in the product or the method. A feature will be considered equivalent if it gives the same result as the patented feature in the independent claim.

6.2 Does your jurisdiction apply the doctrine of equivalents?

Yes. Equivalence is to be determined by the court or, more frequently, by a court-appointed expert. The expert will decide whether there is equivalence. The scope of equivalence is not considered; it either exists or does not.

6.3 Can a party be liable if the patent infringement takes place outside the jurisdiction?

Activities that take place outside Russia cannot support a patent holder's case in court or otherwise influence court proceedings in Russia.

6.4 What are the standards for wilful infringement?

There are no additional remedies against wilful or deliberate infringement; the same remedies are sought for each. However, if compensation is claimed by a plaintiff instead of damages, the court may consider the wilful character of the infringement and award higher compensation. There are no standards to determine whether infringement is deliberate.

6.5 Which parties can bring an infringement action?

The patent holder or its exclusive licensee may bring a civil action for patent infringement directly.

6.6 How soon after learning of infringing activity must an infringement action be brought?

Within the three-year limitation period, which starts when the plaintiff discovers or should have discovered that its rights have been infringed.

6.7 What are the pleading standards to initiate a suit?

Civil infringement proceedings begin with the collection of evidence by the patent holder, and the drafting and dispatch of a cease-and-desist letter if necessary. In commercial courts (which handle disputes between companies and private entrepreneurs), a cease-and-desist letter is optional for non-material claims (eg, cessation of infringement, prohibition on the use of infringing products, confiscation of infringing products and equipment used for manufacturing such products). However, since 12 July 2017, it is mandatory to send a cease-and-desist letter for material claims (ie, damages, compensation) 30 days before filing a civil action with the court. The pre-trial procedure is not applicable to cases handled by the common courts (which handle disputes involving individuals).

6.8 In which venues may a patent infringement action be brought?

Before the courts or before the Federal Anti-monopoly Service.

6.9 What are the jurisdictional requirements for each venue?

The jurisdictional requirements for each venue are as follows:

  • Commercial courts (civil litigation, cases involving administrative offences) – patent disputes relating to business activities (ie, the parties are legal entities or individual entrepreneurs);
  • General jurisdiction courts (civil litigation, cases involving administrative offences, criminal cases) – patent disputes involving natural persons; and
  • Federal Anti-monopoly Service – unfair competition disputes, involving authorised use of the patented subject matter between commercial legal entities/individual entrepreneurs.

6.10 Who is the fact finder in an infringement action?

The court can oblige a party to provide any kind of evidence and disclose necessary documents upon request of a trial participant. The judge will be the fact finder.

6.11 Does the fact finder change based on venue?

Yes. In civil proceedings, the judge will be the fact finder. In administrative anti-monopoly proceedings, the ad hoc commission will consider the case and decide on the facts. The burden of proof in court proceedings rests with the plaintiff; while in anti-monopoly proceedings, the infringing party must disclose all available evidence of infringement upon the demand of the Federal Anti-monopoly Service.

6.12 What are the steps leading up to a trial?

When the action is filed, the court of first instance will conduct preparations for the trial and set a date for a preliminary hearing. At the hearing, the judge will ask the parties to present their evidence and an outline of their written legal position on the case. The judge will also usually ask the parties to provide a list of potential experts and a list of questions for technical analysis.

After the preliminary hearing, the court will set a date for the first hearing on the merits. During the preliminary hearing or the first hearing, the court will usually appoint an expert to conduct a technical examination and approve the questions that the expert will consider. Both expert opinion and witness testimony are admissible forms of evidence under Russian law. There is also another type of evidence called ‘specialist consultation'.

6.13 What remedies are available for patent infringement?

The following remedies can be granted to a successful plaintiff:

  • injunctions, which are granted if the defendant's product contains every feature of the independent claim of the patented product;
  • damages (if proven) or compensation;
  • seizure and destruction of counterfeit products; and
  • publication of the court decision.

6.14 Is an appeal available and what are the grounds to appeal?

If the patent holder loses at first instance or there is incomplete fact finding, a violation of material/procedural law or similar, the decision may be appealed before the appellate court. New evidence may be produced at the appellate court only if the party presenting this new evidence can prove that it did not have the opportunity to present the evidence at first instance. The appellate decision may be further appealed to the IP Court, whose decision in turn may be appealed to the Supreme Court in its capacity as second cassation and supervisory instance.

7 Discovery

7.1 Is discovery available during litigation?

Russian law does not provide for discovery proceedings, so the parties must secure evidence themselves.

7.2 What kinds of discovery are available?

When the plaintiff files suit in court, it must gather evidence itself. If any evidence cannot be obtained, the plaintiff may petition the court to order the defendant or another party to provide the missing evidence.

7.3 Are there any limitations to the amount of discovery allowed?

A defendant has the right not to testify against itself. However, all evidence which can be disclosed or obtained through an inquiry of a court (eg, from Customs, regarding the actual amount of imported infringing products) will be disclosed. A plaintiff can apply for such intervention by the court only after it has exhausted all possibilities to obtain such evidence itself and can provide written proof of this to the court.

8 Claim construction

8.1 When during a patent infringement action are claim terms defined by the tribunal?

During the hearing on the merits.

8.2 What is the legal standard used to define claim terms?

Literal infringement or infringement by equivalents.

8.3 What evidence does the tribunal consider in defining claim terms?

In interpreting claim terms, the description of the invention can be taken into consideration.

9 Remedies

9.1 Are injunctions available?

It is possible to obtain a temporary injunction if it would otherwise be impossible to enforce the final judgment. The plaintiff must explain these circumstances to the court. An injunction may be sought at any stage before the final judgment is issued.

9.2 What is the standard to obtain an injunction?

An injunction may be sought against the respondent, which may be the vendor or supplier of the infringing goods, or a third party involved in the import, manufacture, offer for sale, sale, storage or marketing of the infringed goods. A permanent injunction is granted after the hearing on the merits, within the scope of the plaintiff's claims as stated in the lawsuit only. A permanent injunction can be granted if the infringing product contains every feature of the independent claims of the patent. Analysis of court practice shows that in most cases, the patent holder seeks a permanent injunction only. The court may satisfy its claim to prevent actual or threatened infringement.

9.3 Are damages available?

Yes; see question 9.4.

9.4 What types of damages are available?

Damages can include:

  • costs that the patent holder has incurred in restoring its violated right, or through loss or damage to its property (actual losses); and
  • lost profits that the patent holder would have received under ordinary circumstances had its right not been violated (lost profits).

9.5 What is the standard to obtain certain types of injunctions?

See questions 9.1. and 9.2.

9.6 Is it possible to increase or multiply damages due to a party's actions?

No.

9.7 Are sanctions available?

Yes. See question 9.8.

9.8 What kinds of sanctions are available?

If an infringer received income as a result of the infringement, the patent holder can demand compensation (instead of damages) as follows:

  • in an amount from RUB 10,000 to RUB 5 million, as determined at the discretion of the court based on the nature of the infringement; or
  • twice the value of the right to use the invention, utility model or industrial design, as determined based on the price usually charged under comparable circumstances for the legal use of the invention, utility model or industrial design in the same way as the infringer.

9.9 Can a party obtain attorneys' fees?

A successful litigant may recover costs and attorneys' fees in all cases.

9.10 What is the standard to obtain attorneys' fees?

These expenses should be properly documented. Attorneys' fees should be reasonable. The court may compare the recovery sought with the fees normally charged by other attorneys on the market and may adjust the recovery claims accordingly.

10 Licensing

10.1 What patent rights can a party obtain through a licence?

A party can obtain the right to use the invention and, in the case of an exclusive licence, the right to sue a patent infringer.

10.2 What limits can a patent owner impose on a licence?

The licensor can limit:

  • the term of the licence;
  • the geographical scope of the licence;
  • the ways and scope of use of the invention; and
  • the right to sub-license.

If the licence agreement is silent on the term of the licence, the licence shall be presumed valid for five years. In the case of an exclusive licence, the licensor cannot use the invention in the manner and scope covered by the licence unless the licence agreement provides otherwise.

11 Antitrust

11.1 Are there any limits on patent protection due to antitrust laws?

In theory, abuse of right may be invoked; however, in practice, such cases are not known.

If an invention, without good reason, is not used or is insufficiently used for four years (three years for a utility model), leading to insufficient supply of the respective goods on the Russian market, a non-exclusive compulsory licence may be granted by court decision if the patent holder refuses to grant a licence on generally accepted terms.

In addition, if a patent holder cannot exploit its patent without infringing the rights of another patent owner which refuses to grant a licence on generally accepted terms, it may initiate a court action against the owner of the other patent to seek a compulsory non-exclusive licence to that other patent, provided that its own invention represents an important technical achievement and has significant economic advantages over the invention of the owner of that other patent.

The terms and conditions of a compulsory licence are determined by the court. The total amount of payment for such a licence shall be established in the court decision and will be no less than that for other licences in comparable circumstances.

11.1 Are there any limits on patent protection due to antitrust laws?

In theory, abuse of right may be invoked; however, in practice, such cases are not known.

If an invention, without good reason, is not used or is insufficiently used for four years (three years for a utility model), leading to insufficient supply of the respective goods on the Russian market, a non-exclusive compulsory licence may be granted by court decision if the patent holder refuses to grant a licence on generally accepted terms.

In addition, if a patent holder cannot exploit its patent without infringing the rights of another patent owner which refuses to grant a licence on generally accepted terms, it may initiate a court action against the owner of the other patent to seek a compulsory non-exclusive licence to that other patent, provided that its own invention represents an important technical achievement and has significant economic advantages over the invention of the owner of that other patent.

The terms and conditions of a compulsory licence are determined by the court. The total amount of payment for such a licence shall be established in the court decision and will be no less than that for other licences in comparable circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Gorodissky & Partners
Gorodissky & Partners
Gorodissky & Partners
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Gorodissky & Partners
Gorodissky & Partners
Gorodissky & Partners
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions