Save, Protect, Pledge: How to manage intellectual Property
The number of intellectual property objects is growing every day, and protecting them is becoming more and more difficult. But technology does not stand still and helps lawyers. At the already traditional thematic conference of Pravo.ru, leading lawyers of the industry spoke about how court practice in the intellectual property field is evolving, how to protect your trademarks in the digital age, and how to manage intellectual assets of a business.
Dmitry Markanov, Managing Partner of Patentus, told how the interaction with officials from Rospatent took place. For years, they behaved inconsistently and rejected references to prior practice, thereby violating the "doctrine of reasonable expectations." "They said: it's like a casino every time. You don't always have to win," the expert said.
Now this behavior of Rospatent is limited by the Intellectual Property Court, which often stands up for the right holders. For example, Rospatent refused to register the trademark "Altai Standard" referring to the fact that there is already a trademark "Altai Honey". The applicant pointed out that the register already contained seven "Altai" trademarks. The IPC put a stop to the inconsistency of the officials (case No. SIP-645/2019).
"Predictability of behavior of the power participant of legal relations is one of the factors restraining the arbitrariness of power. I am definitely for legal certainty".
Dmitry Markanov
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