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IP seminar in Moscow |
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Gorodissky and Partners and the Russian Corporate Councils Association (RCCA) will hold a seminar “From due diligence to managing of exclusive rights on means of individualization” on May 14, 2008 in the Moscow office of the firm. |
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Training TM seminar |
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Ludmila Serova, Partner, Trademark Attorney, ”Gorodissky & Partners” (Moscow) will hold another Trademark seminar within the Educational program for corporate counsels organized by “DevelopMENT” company, Moscow, May 27, 2008. |
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Legislation News |
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April 2008
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Use of pirate soft cost Russian companies USD 2,6 million in 2007 |
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In 2007 police revealed about 600 companies using non-licensed soft, and initiated more than 260 criminal cases (two times more than in 2006), hereupon, the number of verdicts of guilty passed increased by 17 times for 12 months – up to 85. Russian pirates had to pay about USD 2,6 million to the right owners whose interests are represented by Business Software Alliance (Russia). At the same time, according to expert estimations, the amount of damage inflicted by the Russian pirates on the American right owners of the business soft exceeds USD 1 billion. Experts maintain that fighting with computer piracy was intensified in connection with the demands of Russia partners in WTO negotiations.
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April 2008
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“Kalina” (Russia) protected its trademark “Black pearl” |
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The court prohibited “Samara Confectioner” (Russia) to manufacture sweets “Black pearl” and charged them Rb.100 thousand (about USD 4 thousand), since the rights for said trademark starting from 2004 belong to “Kalina“.
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April 2008
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A consignment of “Sochi-2014” vodka turned back |
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The prosecutor office and police of Krasnodar region turned back to manufacturer a consignment of vodka bearing the name “Sochi-2014” and produced without prior permission of the Olympic Committee. The manufacturer will have to find use for it.
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April 2008
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Mr. Belan a popular Russian pop-singer, has lost his stage name |
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Moscow Arbitration (Commercial) Court declined Mr.Viktor Belan’s claim against producer center “Star Production”, hence the singer has lost the right to performances with his stage name. “Star Production” managed to prove that Dima Bilan is not a stage name, but a stage project of the center, and the appropriate rights belong to said center.
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March 2008
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Olympic Games 2014 Management Committee announced large-scale fight with illegal use of Olympic symbols |
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Management Committee of Sochi-2014 Olympic Games intends to protect all symbols connected with the Olympic Games, including: Olympic and para-Olympic symbols; flag; emblem; Talisman of the Olympic Games in Sochi; words “Olympic”, “Olympic Games”, “Sochi-2014” and all derivatives thereof in the Russian language and in the Latin alphabet; In compliance with the international practice, only the Management Committee or the companies having paid for their use are entitled to enjoy the rights for use of the Olympic symbols for commercial purposes. The Committee firstly will conduct explanatory campaign and after that will undertake prohibition of illegal use of the Olympic symbols. Fighting against illegal use of the Olympic symbols has become urgent indeed, because Olympic Games rights have been already violated by small and big companies.
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March 2008
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“Aventis-Pharma” detected a big consignment of forged preparation “essentiale forte” in Moscow pharmacy |
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In the course of examinations Russian Health Supervision Agency revealed that Moscow pharmacy “VIC-MFD” is a large trade channel for forged medicaments, including “essentiale forte”. Examination was undertaken on appeal of “Aventis-Pharma”- manufacturer of the popular drug “essentiale forte”, which detected forgery in said pharmacy. Several months earlier the Agency detected distribution of similar forged “essentiale” in Tver. Examination materials are sent to law-enforcement administration.
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March 2008
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Russian court re-considered ICANN resolution |
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Arbitration (Commercial) court of St.Petersburg and Leningrad region and then the Federal arbitration court of Northwest district recognized the right of “Denso”(Russia) and “Servicepoint” (Russia) for domain name denso.com. The court dispute for the domain name between Japanese “Denso” (world largest manufacturer of car completing items) and Russian “Äåíñî” (design and corporate financing) has been active for more than five years. The Japanese company maintains that they forgot to prolong registration of their domain denso.com, which has expired on 6th March 2000, and starting from 13th March said domain was registered by Russian “Äåíñî”. In 2003 the WIPO center on arbitration and support adopted the decision in favor of the Japanese company on the basis of Uniform Domain Name Dispute Resolution (UDRP) – unified policy for resolving domain disputes elaborated by WIPO and adopted by ICANN. However, in compliance with the ICANN regulations the defeated party, if it does not agree with the resolution, is entitled to apply to court of their jurisdiction. “Äåíñî” (Russia) appealed to St.Petersburg Arbitration (Commercial) court and won the case. Russian “Äåíñî” maintained that it was established in 1993 using the trademark “DenSO” for delivering correspondence. Experts are of the opinion that although the Russian court resolution is obligatory and binding for ICANN, the Japanese company can reasonably dispute it in the Supreme Court of Arbitration.
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March 2008
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Major part of forged drugs in Russia are distributed via hospitals |
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The results of Russian Health Supervision Agency check-ups conducted together with Ministry of Interior, Federal Security Service and Department of Preventing Economic Crimes indicated that lately the main stream of forged drugs now goes through hospitals. During three last months of 2007 grave violations have been detected in 575 hospitals inspected. Particularly, the hospitals purchased forged drugs from the suppliers having no rights for wholesale operations, used overdue medicaments etc. Most of the violations have been found in Irkutsk, Chita, Nizhny Novgorod regions and North Osetia.
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March 2008
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Russia occupied the second place in the world in the list of spam distributing countries |
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According to the estimations conducted by “Sophos” in the fourth quarter of 2007 Russia occupied the second place after the USA, driving back China, among 12 countries distributing spam, while in 2006 it was not in the list at all. In the forth quarter of the last year 8,3% of all undesirable ads was delivered from Russia in Internet, from the USA - 21,3, from China 4,2%. Although the Russian spammers gained in 2007 the profits amounting to about USD 13-15 million, the Russian spam-receivers suffered losses fluctuating from USD 30 to 500 million per year according to various estimations. In European Community countries in 2007 the losses amounted to Euro 51 billion. Experts maintain that spam fighting in Russia is complicated since the local Internet-providers are not obliged to prohibit illegal dispatch.
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