Chairman of Board of the Intellectual Property Agency attended at the International Conference
On April 14, 2021, an international scientific-practical conference on "Copyright issues in the field of industrial property" was held.with joint organization of Russian Federal Service for Intellectual Property (Rospatent), International Scientific-Educational Center "Department of Copyright, Related, Cultural and Information Rights" of the National Research University "Higher School of Economics" of Russia and All-Russian Public Union "Russian Authors Society". The event was dedicated to 23 April- World Book and Copyright Day.
The conference was attended by Russian government officials, employees of scientific and educational institutions, heads of government agencies for intellectual property in the CIS countries and others.
The event, organized in a hybrid format (online and offline), discussed the similarities and differences in the protection of copyright, trademarks and industrial design rights, the modernization of patent protection procedures for industrial designs.
Chairman of Board of the Intellectual Property Agency Kamran Imanov joined the conference online and made a report on "The relationship between copyright and patent law: normative-legal and conflict aspects" («Связь авторского и патентного права: нормативно-правовые и коллизионные аспекты») at the plenary session of the event.
Expressing gratitude for the invitation to participate in such a significant international forum, Imanov highly appreciated the initiative on copyright issues in the field of industrial property. He noted that the current concept of intellectual property (IP) differs significantly from the traditional perception of this institution. This is due to significant technological changes that are increasingly cardinal and continue to affect the existing intellectual property landscape. The modern definition of the category "IP" refers not only to the exclusive rights of an individual or legal entity to the results of intellectual activity results (IAR), but first and foremost to the IAR itself, which has the right to protection. The objects of supply and demand in the market are not rights, but the IAR, which has the rights, and the agreements on these objects take into account the scope and conditions of granting such rights.
In his speech, the head of the Agency stressed the impact of copyright on patent legislation. According to him, more attention should be paid to informing the public about patents, but an important condition - the relationship between the patent and copyright - should be taken into account. The point is that patent claims are the objects of copyright.
K.Imanov showed two ways to solve the problem of copyright infringement of inventors in patent claims:
- to acquaint the applicant with the legal results of the publication of these documents in the completed application forms and to obtain his consent;
- Failure to publish claims prior to the grant of a patent, as applicable in U.S. patent law.
Then the head of the Agency shared his views on the issue of the intersection of rights, conducted a detailed analysis of cases of conflict between copyright and an industrial design or trademark, as well as between an industrial design and a trademark.
Imanov's speech was listened to with interest and applauded by the conference participants. The moderator of the event, Professor Mikhail Fedotov, Director of the International Science and Education Center of the UNESCO Chair, praised the report of the representative of our country, rich in deep content and innovative ideas. He noted that Imanov's views on ways to resolve conflicts in the field of intellectual property coincided with his views on these serious legal issues. He also stressed the prospect of continuing bilateral discussions on these topical scientific and practical issues, given the vast potential of the Agency.
The head of Rospatent Grigory Ivliyev praised Imanov's detailed analysis of a number of problematic cases in the area under discussion. He stressed the importance of applying such scientific research in practice.
Other speeches on the topic were also heard at the event.