Interregional Public Organization “Licensing Society” — LES Russia
The national member society of LES International in Russia
Licensing Executives Society
LES Russia
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Seminar “Modern Approaches to the Protection of Intellectual Property Rights and the Commercialisation of Innovations”
On 26 November 2002, the seminar “Modern Approaches to the Protection of Intellectual Property Rights and the Commercialisation of Innovations” was held in Moscow.
26 November 2002

On 26 November 2002, the seminar “Modern Approaches to the Protection of Intellectual Property Rights and the Commercialisation of Innovations” was held in Moscow. The seminar was organised by the Russian Licensing Society jointly with the Russian Group for the Protection of Industrial Property.

Opening remarks were delivered by N.N. Karpova, President of the Russian Licensing Society (LES Russia), and V.V. Kuryshev, President of the Russian Group for the Protection of Intellectual Property (AIPPI Russia). The Presidents noted the importance of holding the first joint seminar, which made it possible to attract a new audience, discuss intellectual property issues from different perspectives, establish new business contacts and bring the two associations closer together.

A.A. Starostin, Deputy Head of a Division of the Criminal Police Service of the Main Directorate for Economic Crimes of the Ministry of Internal Affairs of the Russian Federation, gave a presentation entitled “Law Enforcement Practice in Cases Involving Infringement of Intellectual Property Rights”.

The presentation generated lively interest among the audience. Particular attention was paid to the growing number of criminal cases involving not only copyright infringement but also infringement of trademark rights. The speaker attributed the fact that, at that time, there were no criminal cases initiated in connection with patent infringement, including utility model patents, to the insufficient legal awareness of applicants. In particular, many complaints concerning patent infringement related to patents that were no longer in force.

The presentation “Consideration by Courts of General Jurisdiction of Cases Related to the Protection of Intellectual Property Rights” by V.V. Gorshkov, Deputy Chairman of the Moscow City Court, was, as always, of great interest.

The speaker paid particular attention to recent developments in law enforcement practice in this area in Russia. Of particular interest to the audience were issues relating to the possibility of courts applying interim measures, as well as the consideration of certain claims, for example, concerning the use of a patented aviation device in aircraft that were the subject of leasing arrangements; the protection of drawings accompanying a patent as copyright objects; prohibition of the patenting of an employee invention; and other matters.

In addition, particularly interesting were the courts’ approaches to placing the burden of proving non-infringement of a patent on the defendant; reviewing Rospatent decisions refusing to grant patents or cancelling patents not only from a formal standpoint but also on the merits; placing the burden of proving that an invention does not meet the patentability criteria on Rospatent; and other issues.

The second part of the seminar addressed the commercialisation of intellectual property, technology transfer and licensing. A.Yu. Sobolev, Head of the Contractual and Legal Relations Department of the non-profit partnership Innovation Agency, gave a presentation entitled “Methodology for Identifying and Updating Intellectual Property in Research Organisations for the Purpose of Creating an Innovation Environment”. The presentation focused on identifying and commercialising intellectual property in the Krasnodar Territory. A special methodology developed by the firm enables both developers and technology transfer consultants to identify an invention and, using a minimum number of input parameters, to make a fairly accurate assessment of its innovation potential. Unfortunately, the effectiveness of the firm’s activities in the Krasnodar Territory was not particularly high due to insufficient funding for innovation and the inertia of research organisations.

The presentation by V.A. Pervushin, General Director of Technoconsult CJSC, entitled “Systematic Organisation of Innovation Activities”, was very well received. The company had developed a coherent matrix system for the commercialisation of intellectual property. The company worked both on assignments from foreign and Russian clients involving the development or search for required technologies and on the commercialisation of Russian inventions and other intellectual property.

The success of the seminar demonstrated the possibility and usefulness of holding similar meetings in Russia, attracting a large audience of specialists in the field of intellectual property protection.

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