Legal questions and IP rights protection

20th October 2007, Saturday

Main principles and approaches to Intellectual Rights protection

no photo available Michail Radchenko
1. Object of intangible property rights
2. Operations with intangible property
3. IT property rights
4. IT property security
5. Audit of IT property security
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Topic language Russian
Duration 45 min.
Start time 10:00 - 10:45
Location Meridian

New rules for Russian software development companies. What can we expect after January 1st, 2008?

no photo available Igor Motsnyi

Pepeliaev, Goltsblat & Partners
1. Introduction
1.1 New law takes into effect January 1st 2008
1.2 Current IP protection law is dismisse, except Commercial Secret Law.
1.3 New law will regulate all aspects of Intellectual Property
2. Copyright
2.1 Personal rights
2.2 New rules regulating software development agreements and property right transfer
2.3 Products created as "work for hire", what should employer know and how to avoid conflicts with employee
3. Trademarks
3.1 Trademark and Domain name
3.2 New reasons for rejecting trademark applications
3.3 Limits in protection of treademarks no longer in use.
4. Company name and commercial title of the product
4.1 Products company name protection
4.2 What is commercial title and how to protect it.
5. Conclusions
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Topic language Russian
Duration 45 min.
Start time 10:45 - 11:30
Location Meridian

Software distribution contracts – practical aspects of negotiations with the EC based Distributors. Some concrete examples. Protection of Intellectual property rights in European Union and electronic commerce regulation update and practice. What is important in working on the EC market.

Alexandre Kolosovski Alexandre Kolosovski (International Legal Counsels PLLC)
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Topic language Russian
Duration 45 min.
Start time 11:30 - 12:15
Location Meridian

Workshop – Patents for Beginners

George S. Bardmesser George S. Bardmesser
Patent basics
Examples of using patents against the big guys
What we need from inventors
The process of patenting
How much it all costs
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Topic language Russian
Duration 45 min.
Start time 12:15 - 13:00
Location Meridian

Using juridical methods in competition, StarForce experience

Michael Kalinichenko Michael Kalinichenko

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Topic language Russian
Duration 45 min.
Start time 13:00 - 13:45
Location Meridian

Trademark Search—determining the availability of the mark for use and registration. Use of free, online resources.

Maxim Voltchenko Maxim Voltchenko

Duane Morris LLP
1. Why need a trademark search? To select a good (strong, protectible and defensible) brand for your business, to protect your investment in the proposed mark/corporate name, limit exposure to legal risks and potential infringement liability.
2. There is no legal duty to search but some courts have considered whether junior user of a confusingly similar mark has conducted a search, what the results were, and how the defendant behaved after receiving counsel’s advice.
3. Why need trademark registration? Under U.S. law you can establish rights in a mark based on a legitimate use of the mark. However, filing a trademark application may be helpful if you want to “reserve” rights in your mark before actually using it. Federal registration also provides other important benefits and presumptions.
4. Overview of U.S. Patent and Trademark Office (USPTO) website on trademarks.
5. Use of USPTO online search database. Types of searches: basic, Boolean, advanced. Defining search strategy and steps. Key terms for word marks, goods and services. International classification of goods and services. Conducting specific searches and analyzing the results. Trademark search is express infringement analysis. Likelihood of confusion is a test.
6. The limitations of USPTO database search. It does not search “common law” (unregistered) marks. By contrast, some specialized firms (e.g., Thomson CompuMark) also search unregistered marks, domain names and other sources. Such searches may be useful because many businesses begin using marks without obtaining USPTO registration and a particular mark, therefore, may be unavailable.
7. Bottom line: skilled USPTO search coupled with skilled internet search may suffice in many cases of Russian software companies doing business in the US?
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Topic language Russian
Duration 45 min.
Start time 15:00 - 15:45
Location Meridian

Ways to get finance for the Russian companies

no photo available Maxim Pervunin

Head of Legal Department
- Joint ventures
- Loans
- Strategic investor
- Hedge funds
- Own offshore investment fund
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Topic language Russian
Duration 45 min.
Start time 15:45 - 16:30
Location Meridian

Typical Blunders of Software Investments (or "How to Put Out a Fire Before It Started")

Dmitri I. Dubograev Dmitri I. Dubograev
1. What do you plant? How to fix and protect your initial investment of blood, sweat and tears.
2. What do you grow? Operating and ongoing selling of software products and typical mistakes in diluting the your intellectual and corporate property.
3. What do you sell? How to attract and talk to investors and partners in a common business.
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Topic language Russian
Duration 60 min.
Start time 16:30 - 17:30
Location Meridian