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 Legislation News 
Russian PTO proposes to increase the criminal term for author’s right vio-lation – up to 10 years
   

130th INTA Annual Meeting  
Trademark attorneys and lawyers from Moscow, St. Petersburg and Kiev offices of “Gorodissky & Partners” are going to take part at the 130th INTA Annual Meeting in Berlin (Germany) on May 17-21, 2008.
 
IP seminar in Moscow  
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.
 
Outcome of the case "tastes good"  
The G&P lawyers ward off the attack on their client
 
3:0 in favor of our client  
Three court rulings in favor of our client in patent infringement case.
 
MARK YOUR CALENDAR  
On August 19-22, 2008,
in St. Petersburg “Gorodissky & Partners” is hosting the 5th training seminar on obtaining and enforcement of intellectual property rights in Russia.

details >>
 
Training TM seminar  
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.
 
No.1 in Russia again!  
Gorodissky & Partners ranked
the firm #1 in Russia in “Patent prosecution” and in “Trade mark prosecution” for the 10th year running and listed as a leading firm in “Patent contentious” and in “Trade mark contentious”.
(MIP World IP Survey 2008)
 
   
   

Legislation News  
April 2008
  Use of pirate soft cost Russian companies USD 2,6 million in 2007  
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.
April 2008
  “Kalina” (Russia) protected its trademark “Black pearl”  
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“.
April 2008
  A consignment of “Sochi-2014” vodka turned back  
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.
April 2008
  “Vinexim” (Russia) creator of “Putinka” vodka brand, after presidential evections will launch new brands of brandy and vodka  
“Vinexim” which was successfully distributing “Putinka” vodka, and which at present occupies 80% of the company sales, intends to launch new brands after election of the new president. Experts maintain that “Vinexim” has to diversify their portfolio, since in Russia even the most popular vodka brands usually lose their positions after four-five years of business.
April 2008
  Russian beer manufacturers did not launch new brands in 2007 because of prices increase in advertising  
In 2007 for the first time in several years Russian beer manufacturers have not issued a single new brand on the beer market – only old variations, explaining this circumstance by hardening of advertisement restrictions and increase by 30% of the cost of TV advertising, which caused sharp cost rise when launching a new product.
April 2008
  FAS is going to allow the rival brand manufacturers to officially fix limitations for dealers in the appropriate agreements  
FAS prepared a draft governmental decree concerning general exceptions from “vertical” agreements, said decree stipulating competition limitations between dealers in cases of brand clash. Experts maintain that said draft decree is in line with the international practice; particularly similar regulations have been adopted in EC and the USA.
April 2008
  Mr. Belan a popular Russian pop-singer, has lost his stage name  
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.
April 2008
  “Aeroflot-Don” to pay Rb. 250 thousand (about USD 10 thousand) for use of pirate soft  
In January 2007 Business Software Alliance (Russia) won in Arbitration (Commercial) Court of Rostov region the claim against “Aeroflot-Don”, an affiliated company of “Aeroflot”. “Aeroflot-Don” will pay to the right owners about Rb.250 thousand (about USD 10 thousand) for using non-licensed soft.
April 2008
  Antoine de Saint-Exupery heirs lay down their conditions for staging performances based on “Little prince” fairy tale in Russian theaters  
Antoine de Saint Exupery heirs gave their consent for the performances based on “Little prince” in Russia provided certain requirements are observed, including: the use of translation version by Ms. Nora Gall only and prohibition of any clips or distortions in the original text.
March 2008
  In 2007 for the first time since 2000, the scale of damages inflicted by Russian pirates on the USA right owners has gone down  
According to the estimations of International Alliance of Intellectual Property in 2007 the amount of damages inflicted by the Russian pirates on the USA right owners (about USD 1,4 billion) has shrunken by 27% as compared to 2006
March 2008
  Olympic Games 2014 Management Committee announced large-scale fight with illegal use of Olympic symbols  
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.
March 2008
  “Aventis-Pharma” detected a big consignment of forged preparation “essentiale forte” in Moscow pharmacy  
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.
March 2008
  Russian court re-considered ICANN resolution  
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.
March 2008
  Major part of forged drugs in Russia are distributed via hospitals  
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.
March 2008
  Russia occupied the second place in the world in the list of spam distributing countries  
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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"Gorodissky & Partners"
B. Spasskaya Str., 25, stroenie 3, Moscow 129090, Russia
Phone: 7 (495) 937 6116 / 6109 Fax: 7 (495) 937 6104 / 6123
E-mail: pat@gorodissky.ru, http://www.gorodissky.com