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Theme section "Legal protection of results of intellectual activity and means of individualization" has been terminated

27.04.2017
Theme section "Legal protection of results of intellectual activity and means of individualization" has been terminated

Theme section "Legal protection of results of intellectual activity and means of individualization" was held on 26 April 2017 in the framework of the X International forum "Intellectual property – XXI century".

Anna Kotova-Smolenskaya, advocate, partner of YUST law Firm, Candidate of Juridical Sciences, made a presentation on the theme "Practice of application of new instruments of civil law in structuring transactions (for example, the high technology sector)". In her speech, the speaker highlighted the experience on the legal structuring of transactions within the framework of implementation of investment projects involving the creation and implementation of new technologies. The speaker also provided practical advice on the application of such new instruments of civil law as an agreement on the modalities for negotiations, assurances about the circumstances, potestative conditions, optional contractual structures. There were some subtleties of the conclusion of a corporate agreement and a management agreement to intellectual property between multiple owners. In her presentation, attention was drawn to the fact that most of the tools are new to law, but not for practice. Meanwhile, the consolidation of the provisions of these instruments in the Civil code of the Russian Federation removes them fr om risk zones of "unexpected" interpretation of the relevant contractual structures by the courts and other enforcers.

Maria Duplyakina, the paralegal of YUST Law Firm, delivered a report on the theme: "Legal regulation of cross-border transfer of know-how." In her report, she discussed aspects that one should pay attention to in the case of executing a contract on the transfer of know-how with foreign partners. Differences existing in developed legal systems in relation to terminology and approaches to the scope of information constituting know-how and different legal classification of trade secrets hinders their international circulation and makes the legal regulation of cross-border transfer of know-how unpredictable. In this connection, competent and detailed development of the terms of the contract is of decisive importance, including the conclusion of special agreements of familiarization with the know-how to minimize risks of the parties at the stage of pre-contractual negotiations. In addition, the speaker drew the participants ' attention to the problem of collisional-legal regulation of transfer of know-how connected with differentiation of contractual statute and intellectual property rights in rem statute.

Denis Shumskiy, advocate, head of Intellectual property group of YUST Law Firm, prepared a presentation on the topic: "Novelties in practice of consideration of disputes related to intellectual property." In his report he discussed key court verdicts, which were passed over the past year, and which have precedential value for subsequent court practice on intellectual disputes. The most important is the decision of the Constitutional court of the Russian Federation, establishing that in case of violation of rights to several objects of intellectual property by an individual entrepreneur within a single action, in certain circumstances the court has the right to determine the total amount of compensation below the minimum limit prescribed by the Civil code of the Russian Federation. Special attention should be drawn to the position of the Supreme Court, admitting that a legal person may be deemed a proper defendant in an action for infringement of exclusive trademark rights used on the site, administrated by a natural person – the General Director of this company. In addition, the reporter highlighted the Resolution of the Presidium of the Intellectual rights Court, which states that the Civil code does not lim it the ability to compare the visual and verbal symbols in order to establish their similarity.


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