Intellectual property in the XXI century: judicial disputes between rightholders

The V International Forum “Intellectual Property – XXI century” was held in Moscow on April 17-20. The Forum was organized with the support from the World Intellectual Property Organization and was timed to the International Day of Intellectual Property – 26th of April.

Within the framework of the Forum, a plenary session was held and 16 thematic “round tables” on the issues of patent and copyright law, protection of commercial names and trademarks, legal protection of intellectual activity results etc. were organized.

The Institute of State and Law of the Russian Academy of Sciences, with the participation of the Law Firm "YUST", held the section “Settlement of disputes in the intellectual property sphere”, moderated by Tamara Abova, Head of civil law, civil and arbitration proceedings sector of the Institute of State and Law of the Russian Academy of Sciences, Doctor at Law, Professor, Honored Scientist of the Russian Federation.

Participants of the section discussed the latest trends of the court practice on the cases of protection of rights to results of intellectual activity. Denis Shumskiy, Advocate at the Firm, called the listeners’ attention to the complications faced lately by the rightholders during protection of their rights in the Internet. He spoke on the modern practice of proving the ill-faith in the sphere of domain names registration, on justifying the amount of the compensation exacted by the rightholder from the administrator of the infringing domain, on the mechanisms of protection of the rightholders in the cases when the domain administrator is located outside the Russian territory.

Together with D.Shumskiy, the participants assessed the perspectives of possible introduction into the CCRF of the section dedicated to the settlement of domain disputes. Issues arising in connection with the creation of intellectual rights court were also discussed.

Participants of the section analyzed the peculiarities of the disputes related with the protection of the right to obtain a patent and with the ascertaining of the proper holder of the exclusive rights to the patented results of intellectual activity, as well as other topical issues, which arise in the practice of application of law in the intellectual property sphere.

More information on the Forum is available here.