PROTECTION OF INTELLECTUAL
PROPERTY RIGHTS

• Recognition of unfair competition in the Federal Antimonopoly Service (The FAS Russia);
• The recognition of the action of unfair competition in arbitration and Court for Intellectual property rights;
• Application of Article 10 of the Civil Code of the Russian Federation.

• Similarity and difference in legal nature;
• Do unfair competition and abuse of rights have to go together?
• What to choose?
• Could unfair competitions and abuse of rights be effectively used together when other means do not work?

• Trademark registration is not the only way to protect against unfair competitors;
• Copyright vs Trademark in the fight against unfair competition;
• Copyright objects - the decisive argument in the victory over unscrupulous competitors.

• What are the negative impacts on business development. Negative Effects of misleading the consumer;
• Effectiveness of protection methods (Courts and Competition Authorities);
• Unfair Competition Prevention.

• Design Patents: Scope of Protection; Examples; United States Filing Requirements; Common Prosecution Issues and Strategies; Enforcement Issues;
• Copyright: Scope of Protection; Examples; United States Filing Requirements; Protection and Enforcement Issues;
• Trade Dress: Scope of Protection; Examples; United States Filing Requirements; Common Prosecution Issues and Strategies; Enforcement Issues;
• Coordination of Use of Design Patents, Copyright, and Trade Dress.

• Analysis of most common mistakes;
• Why do the mistakes occur?
• How to reduce mistakes?

• Shape marks;
• Marks which consist of a colour per se, combinations of colours;
• Motion marks (moving image);
• Multimedia marks (image and sound);
• Tracer marks;
• Smell/olfactory marks.

• How to protect product design. Legal protection and the complexity of proving the existence of rights;
• How to protect product design, establish the extent of protection for each subject matter of copyright and define the criteria for violation of exclusive rights;
• Practical dimensions of exclusive rights protection; whether to go to court or to the competition agency;
• Which subject matter of copyright is better? Is it better to choose one of them? If so, which one, or all at once?

• Options of design protection:
Design rights, copyrights, trademarks, protection under unfair competition law;
• Limitations for technical features;
• Unfair competition law as a tool to «extend» patent lifetime.

• Protection with patent law by design patent;
• Protection with copyright law;
• Protection with unfair competition law;
• Protection with trademark law.

• The importance of a well-known trademark in combating the use of similar designations;
• Trends in the practice of Rospatent on registration of well-known trademarks;
• Current practice Of the Сourt of intellectual property rights on the criteria of publicity.

• Main registered trademarks of Levi's;
• Events in Kazakhstan and Kyrgyzstan;
• Interaction with law enforcement agencies;
• Cooperation with shopping malls;
• System of detection and counteraction to counterfeiting and parallel import on the Internet.

• The building of a legal defense;
• Painful point. The nuances of the case;
• Optimization of lawyers work.

• How evaluate the effectiveness of the courts or other enforcers;
• The rules of evidence;
• Analysis of the product or process in light of the rules of evidence;
• Finding the factory;
• Conducting the buy, including international buys and notarizations;
• Running an international sting operation;
• Going to court, mediation, and when and how to settle.

• Overview of the patentability framework at the European Patent Office;
• Practical case law examples, in particular for disruptive software technologies:
Artificial Intelligence (AI), blockchain, big data, Internet of Things (IoT);
• Best practices for drafting valid and enforceable European software patents.

• Licensing issues;
• CLA and contributor's identification;
• Corporate policy regarding open source: why do we need such policy and what are the advantages;
• Regulations on open source publishing.

• Securing the rights of the customer;
• Protection of interests of the Developer;
• Court practice.

• Microsoft's intellectual property (IP): general overview;
• What IP issues may arise in the course of collaboration between tech companies and their customers in the era of artificial intelligence and digital transformation;
• The seven Shared Innovation Principles as the core of the new Microsoft's IP strategy;
• More details on each of the Shared Innovation Principles.

• Features in the field of registration;
• Features in the field of patent disputes;
• Approaches of foreign practice.

• Сhallenges in the life science field during application prosecution and patent post grant;
• The most recent Guidance issued by the US Patent and Trademark Office;
• The most important cases by the US courts;
• Application drafting and prosecution suggestions and examples, differences from the European standards, etc.

• Conditions for obtaining an SPC;
• Calculating term of protection of an SPC;
• Scope of protection resulting from the SPC – overview of the key case-law of the CJEU;
• Expiry of an SPC;
• Invalidation of an SPC;
• Reform of SPC – manufacturing export waiver.

• Overview on patentable matter and matter excluded from patentability under the European Patent Convention;
• Things to remember when claiming diagnostic methods, further medical uses, treatment regimens, stem cells, and the like;
• Problems to be avoided when drafting patent applications to be pursued at the European Patent Office;
• Important case law from the Boards of Appeal.

• Impact of GDPR regulations on intellectual property protection;
• Approaches to accountability of ISPs from a global perspective;
• Illegal use of trademarks as keywords.

• Practical tips on searching for infringing products online;
• Take-downs on Chinese e-commerce platforms (Taobao, Alibaba, T-Mall, 1688, JD.com);
- How-to and tips;
- How to respond to counter-claim;
• Further steps: take-down related due diligence searches;
- Trademark database search (China Trademark Office);
- Corporate information search.

• How vocabulary affects the willingness of consumers to buy counterfeit;
• How buyers evaluate their ability to recognize fakes on the Internet vs. are they capable in practice;
• Debunking the myth that counterfeiters carefully hide the fact of selling fakes.

• IP protection in social networks;
• Social media marketing: the importance of involving a lawyer;
• Legal aspects of comprehensive digital projects.

• Overview of information leaks, statistics and analytics by business sectors;
• Crooks' motives;
• Consequences of loss of intellectual property (case studies);
• How to protect intellectual property not only from a legal point of view, but also from a technical point of view.

• Protection of data subjects under data protection laws?
• EU Commission's Policy «Building a European Data Economy»;
- Regulation on the free flow of non-personal data in the EU;
- EU Know-how Directive;
• Practical Aspects:
- Limitations resulting from EU Competition Law?
- Data Sharing Obligation? Position paper from German Political Party dated 12 February 2019.

• Personal Data as Company's Asset;
• Protection of personal data in the digital world;
• Peculiarities of personal data processing in an international company;
• Do's and don'ts when dealing with personal data.

• A fine of 50 million euros imposed on Google in France;
• Investigation into the illegal use by the Austrian Post (Österreichische Post AG) of information on the political stances of clients;
• First GDPR fine in Austria: Case of illegal use of surveillance cameras;
• First GDPR fine in Germany: Case of leakage of personal data processed in a social network;
• Case of breach of security of personal data processed in the portal of the Maltese state land authority;
• Results of official inspections of compliance with GDPR requirements in Sweden and Greece.

• Legal issues of creation of intellectual property by artificial intelligence, confidentiality problems, security and responsibility;
• The legal personality of artificial intelligence;
• Artificial Intelligence and Human Rights;
• Gaps in legislation and proposals to address them.

• Features, types and legal structuring;
• Acquisition and sale of technology;
• Transactions for the provision and transfer of technologies;
• Deals to create joint ventures to implement technology projects;
• Practical case studies and recommendations.

• Establishment of a trade secret protection regime;
• Features of registration of violations of trade secrets;
• Lawsuit against former employees of the company. Court practic.