Sections

Legal and Financial Issues

07th October 2006, Saturday

Trademarks and copyrights in shareware business

Igor Motsnyi

1. Why shareware developrs need trademark?
2. What you can and should register as trademark?
3. Practical aspects of registration in Russia.
4. Trademark amd domain name.
5. International trademark registration
6. Meaning of copyright
7. Types of copyright
8. Products made as part of contract obligations
9. Copyright registration in Russia
10. Trademark vs Copyright

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Topic language Russian

Duration 45 min.

Start time 15:00 - 15:45

Location Arbat

Once again, patents: would anyone like to be richer by a modest $100M?

George S. Bardmesser

femidaR.us

1. What are patents used for?
2. What are American patents used for?
3. Apple Computer, and a modest $100M
4. Microsoft, and a modest $115M
5. A small personal story about patents and a modest $600M

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Topic language Russian

Duration 45 min.

Start time 15:45 - 16:30

Location Arbat

Impleading and Administrative Prosecution for Breach of Software Developers' Rights in Eastern Europe

Svetlana Busheva

Salomon Partners

1. Review of Eastern Europe laws related to software property rights.
2. Types of responsibilitiy for software property rights violation.
3. Who is responsible - persons, companies, other structures.
4. Punishment (defined and used)
5. Practical methods for dealing with software property rights violation.
6. Legislation - case study, trends.
7. Development of practical usage of the law.
8. Possible trends for development of practical usage of the law in Russia.

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Topic language Russian

Duration 30 min.

Start time 16:30 - 17:00

Location Arbat

Corporation building: little plan for a big success.

Dmitri I. Dubograev

femidaR.us

1. "Who is the author" - main questions of intellectual property creation.
2. "Where to put the awards?" - funds accumulation, credit history, reputation.
3. "Who is the guilty one?" - personal property protection.
4. "How to distribute '330 each'?" - partners relationship.
5. "Where to put the protection?" - valnerabilities of a new business.
6. "Selling air" - how to deal with investors.
7. "Can I leave now?" - exit strategies and retirement

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Topic language Russian

Duration 45 min.

Start time 17:30 - 18:15

Location Arbat

Round table: Software piracy protection

Dmitry Sokolov
Irina Petrova
Oleg Yashin

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Topic language Russian

Duration 60 min.

Start time 18:15 - 19:15

Location Arbat

08th October 2006, Sunday

Specifics of distribution and reseller agreements in EU. Creation and management of IT company in EU.

Alexandre Kolosovski

International Legal Counsels PLLC (femida.eu)

1) Recent changes (2006) as a result of changes in a sales methods of specialised distributors in EU
2) Practical results of most vulnerable points of agreements:
- analisys of a typical agreement
- online and offline agreements
3) Most important questions to discuss before signing an agreement:
- responsibilities of the sides
- trade secrets
- proffetional insurance and warranties
- taxes, VAT and refunds
- rights and jurisdiction
4) Company in EU - most convenient ways for an IT business
- recommended organization forms
- recommended countries
- profit margins
- non-resident management
- taxes

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Topic language Russian

Duration 45 min.

Start time 12:00 - 12:45

Location Krymski Val

Remote development organization: common issues, finance, motivation

Alex Savkin

Remote development - does it worth it?
- Risks and possibilities
- Budget
- Risk mitigation
- Remote development in action
- Project release and development

Financial and other methods of motivation
- Who is working for you?
- Why motivate?
- When you can use financial or non-financial methods of motivation

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Topic language Russian

Duration 45 min.

Start time 12:45 - 13:30

Location Krymski Val

Unauthorized Use of Someone’s Trademark in Search Engine Keyword Advertising.

Maxim A. Voltchenko

Duane Morris LLP

1. The law is still evolving on whether or not unauthorized use of someone’s trademark in search engine keyword advertising constitutes trademark infringement and unfair competition.
2. What is the problem
3. Definition of trademark infringement under US law.
4. Couple Examples
5. Important concepts: use in commerce, initial consumer confusion, nominative fair use.
6. Recommendations for those who intend to use a competitor’s brand as a keyword.

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Topic language Russian

Duration 30 min.

Start time 13:30 - 14:00

Location Krymski Val

Patent mechanics in IT business

Radchenko Michail

softpatent.ru

1. Basic patent techniques
2. IT-object patents
3. IT-operation patents (document flow, payments, access, e.t.c.)
4. International patents
5. Technology transfer
6. Patent research - first and key step of IT development

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Topic language Russian

Duration 45 min.

Start time 15:00 - 15:45

Location Krymski Val

Right to register software and database

Dmitriy Markov

SoftKey

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Topic language Russian

Duration 45 min.

Start time 15:45 - 16:30

Location Krymski Val

Domain names and related legal issues.

Maxim A. Voltchenko

Duane Morris LLP

1. Reserving or registering a domain name does not give the domain name holder an “official” right to use that domain name free from legal claims.
2. Domain name disputes: cybersquatting (and its types) and reverse domain name hijacking.
3. Uniform Dispute Resolution Procedure (UDRP). UDRP distinguished from litigation in court: remedies are limited to cancellation or transfer of the contested domain name.
4. Overview of UDRP proceedings. Statistics. Selecting a forum (WIPO, NAF).
5. Elements of a successful domain name challenge.
6. Proof of bad faith registration and use.
7. Domain name holder’s defenses.
8. Commercial use of a domain name as trademark infringement. Issues of priority, similarity and likelihood of confusion.

[add to Outlook]

Topic language Russian

Duration 30 min.

Start time 16:30 - 17:00

Location Krymski Val

	Igor Motsnyi
1. Why shareware developrs need trademark? 2. What you can and should register as trademark? 3. Practical aspects of registration in Russia. 4. Trademark amd domain name. 5. International trademark registration 6. Meaning of copyright 7. Types of copyright 8. Products made as part of contract obligations 9. Copyright registration in Russia 10. Trademark vs Copyright
[add to Outlook]

Topic language	Russian
Duration	45 min.
Start time	15:00 - 15:45
Location	Arbat

	George S. Bardmesser femidaR.us
1. What are patents used for? 2. What are American patents used for? 3. Apple Computer, and a modest $100M 4. Microsoft, and a modest $115M 5. A small personal story about patents and a modest $600M
[add to Outlook]

	Svetlana Busheva Salomon Partners
1. Review of Eastern Europe laws related to software property rights. 2. Types of responsibilitiy for software property rights violation. 3. Who is responsible - persons, companies, other structures. 4. Punishment (defined and used) 5. Practical methods for dealing with software property rights violation. 6. Legislation - case study, trends. 7. Development of practical usage of the law. 8. Possible trends for development of practical usage of the law in Russia.
[add to Outlook]

	Dmitri I. Dubograev femidaR.us
1. "Who is the author" - main questions of intellectual property creation. 2. "Where to put the awards?" - funds accumulation, credit history, reputation. 3. "Who is the guilty one?" - personal property protection. 4. "How to distribute '330 each'?" - partners relationship. 5. "Where to put the protection?" - valnerabilities of a new business. 6. "Selling air" - how to deal with investors. 7. "Can I leave now?" - exit strategies and retirement
[add to Outlook]

	Alexandre Kolosovski International Legal Counsels PLLC (femida.eu)
1) Recent changes (2006) as a result of changes in a sales methods of specialised distributors in EU 2) Practical results of most vulnerable points of agreements: - analisys of a typical agreement - online and offline agreements 3) Most important questions to discuss before signing an agreement: - responsibilities of the sides - trade secrets - proffetional insurance and warranties - taxes, VAT and refunds - rights and jurisdiction 4) Company in EU - most convenient ways for an IT business - recommended organization forms - recommended countries - profit margins - non-resident management - taxes
[add to Outlook]

	Alex Savkin
Remote development - does it worth it? - Risks and possibilities - Budget - Risk mitigation - Remote development in action - Project release and development Financial and other methods of motivation - Who is working for you? - Why motivate? - When you can use financial or non-financial methods of motivation
[add to Outlook]

	Maxim A. Voltchenko Duane Morris LLP
1. The law is still evolving on whether or not unauthorized use of someone’s trademark in search engine keyword advertising constitutes trademark infringement and unfair competition. 2. What is the problem 3. Definition of trademark infringement under US law. 4. Couple Examples 5. Important concepts: use in commerce, initial consumer confusion, nominative fair use. 6. Recommendations for those who intend to use a competitor’s brand as a keyword.
[add to Outlook]

	Radchenko Michail softpatent.ru
1. Basic patent techniques 2. IT-object patents 3. IT-operation patents (document flow, payments, access, e.t.c.) 4. International patents 5. Technology transfer 6. Patent research - first and key step of IT development
[add to Outlook]

	Maxim A. Voltchenko Duane Morris LLP
1. Reserving or registering a domain name does not give the domain name holder an “official” right to use that domain name free from legal claims. 2. Domain name disputes: cybersquatting (and its types) and reverse domain name hijacking. 3. Uniform Dispute Resolution Procedure (UDRP). UDRP distinguished from litigation in court: remedies are limited to cancellation or transfer of the contested domain name. 4. Overview of UDRP proceedings. Statistics. Selecting a forum (WIPO, NAF). 5. Elements of a successful domain name challenge. 6. Proof of bad faith registration and use. 7. Domain name holder’s defenses. 8. Commercial use of a domain name as trademark infringement. Issues of priority, similarity and likelihood of confusion.
[add to Outlook]

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Legal and Financial Issues