NEWS (March 23, 2017)

Seminar on Intellectual Property

On 16-17 March 2017 the Polish, the German and the French Groups of AIPPI, with the participation of the AIPPI Bureau, have organized a joint seminar on intellectual property related issues. The seminar took place in Warsaw (Poland). More over than one hundred Patent Attorneys from different countries gathered on the meeting, among which were the experts of European Union Intellectual Property Office. The program of seminar covered different topics, which included damages in IP infringement matters (calculation methods and liable persons), copyright issues related to architecture and construction, patents and regulatory issues, unitary patent and other hot topics.

Significantly and particularly true for Ukrainian legal community was the report on damages in IP infringement. Dr. Tomasz Targosz (Traple Konarski Podrecki, Poland) centered not merely around the basis of damages, but also around practical aspects. He had analyzed and represented informative judicial review. Thus, the audience of the seminar had a great opportunity to hear his presentation. It was interesting to know about the calculation of damages in intellectual property, namely in copyright. The main focuses emphasized by the reporter were the following:

- triple license fee unconstitutional (Constitutional Court, 23.06.2015 r. SK 32/14 (JoL2015.932)

- the problem of double license fee (Case C-367/15, January 2017).

Also the theme of damages in the event of innocent infringement was brought up.

Drawing on the example of another judicial case, so-called Volvo case (C-238/87), Dr. Targosz in greater detail considered legislative position on the recognition of the abuse of a dominant position, impersonated in Volvo’s conduct (United Kingdom), insofar as it may affect trade between Member States of EU. The fact is that the defendant, Veng (Norway), imported the front wing panels for cars, covered by the patent of UK for industrial design held by Volvo, without the permission of the latest. The court stood with Veng, the defense of which was that claimant’s refusal to grant license was the above mentioned abuse.

At AIPPI seminar Mariya Ortynska, Director of IPStyle Patent Law Company, Trademark and Patent Attorney of Ukraine, got a chance to represent the legal practical sphere of intellectual property in Ukraine. On the agenda of her report was Ukrainian IP upgrades, and its key insights looked like the following. In the first instance some bad news were laid open (cybersquatters, patent trolls, unfair distributors and their attempt to register famous trademarks). At the same time, Ms.Ortynska tried to show the position of Ukrainian courts and the strategy to resolve potential disputes – the right of prior use (Case No. 904/7458/14).

Moreover, to the point of Case No.910/1703/15 one more challenging question was raised: who have the obligation to obtain the permit to use plant protection products? Special mention was given to TV format protection (Case No. 910/19751/14) in Ukraine. The final step of the report was dedicated to the perspectives in IP sphere in Ukraine, such as the creating of specialized court on intellectual property in 2017, administrative procedure of design cancellation, publication of design applications and possibility for filing opposition and the changes of cancellation period of trademark non-use.

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