Zuykov and partners

On October 10, 2024, the IP Court considered case No. SIP-58/2023 on the application of Pfizer Products Inc. to invalidate the decision of Rospatent dated October 31, 2022, adopted following the consideration of the objection to the issuance of Russian patent No. 2315052 for the group of inventions "Crystalline form of 3-{(3R,4R)-4-methyl-3-[methyl-(7n-pyrrolo[2,3-d]pyrimidin4-yl) amino ]piperidin-1-yl}-3-oxo-propionitrile monocitrate and its use." PSK Pharma LLC, whose interests were represented by Zuykov and partners, was brought in to participate in the case as a third party that did not make independent claims regarding the subject of the dispute. By the resolution of the IP Court Presidium dated 05/30/2024, the previous decision of the IP Court dated 12/19/2023 on case No. SIP-58/2023 was canceled, and the case was sent for a new consideration to the IP Court as a court of first instance. Having examined the disputed patent, taking into account the comments of the Presidium of the IP Court, the panel of judges concluded that the key issue of this case is to determine the purpose of the disputed invention in the form in which it was formulated by the patent holder. Not only the content of the patent was to be established, but also the previously expressed positions of the same applicant about the same invention, including those made in the framework of case No. SIP-1031/2020, as well as his previous behavior about the disputed patent. In other words, the applicant's integrity was subject to investigation. Upon reconsideration, the court of first instance, taking into account the instructions of the court of cassation, decided to leave the claims of Pfizer Products Inc. to invalidate the decision of Rospatent dated 10/31/2022, adopted based on the results of consideration of the objection to the grant of Russian patent No. 2315052 for a group of inventions, without satisfaction. #ip #law #pfizer #patent #russia https://lnkd.in/d5AEK_bB

Understanding trademark popularity and protection in Russia. Olga Plyasunova, Head of the Trademark Department at Zuykov and partners, explains the concept and available protection for well-known trademarks in Russia with advice on how to obtain such a privilege. Read the full article here on page 29 👉 https://lnkd.in/epwF3BHw #trademark #lawyer #trademarkpopularity #protection #russia #wellknownmarks #advice #IPlaw

Amendments to the Civil Code of the Russian Federation regarding the procedure for using orphan works came into force on October 21, 2024. In this article, we will analyze when a work's author (copyright holder) is considered unknown, and how the procedure for obtaining the right to use an orphan work is carried out. The collective rights management organization may grant the applicant a non-exclusive royalty-free license to use the work. It will be possible to start using the orphan's work after payment of remuneration, which is credited to the nominal account of the collective rights management organization. #copyright #ip #law #russia https://lnkd.in/duPdn9uK

On September 10, the Moscow City Court considered and dismissed the appeals of TEKHKUB LLC and ES EL GRUPP LLC filed against the decision of the Cheryomushkinsky District Court of Moscow, accepted on the claim of Kirill A. Knyazev to recover compensation from TEKHKUB LLC and ES EL GRUPP LLC for the illegal use of a copyrighted object. The object is the design of the housing for the video module of the Intel Realsense D415 camera (case No. 33-41009/2024). The plaintiff's claims were partially satisfied, and the defendants were jointly and severally ordered to pay compensation of 32,461,242 rubles and 84 kopecks. The interests of the plaintiff Knyazev K.A. were represented by the company Zuykov and partners. The Moscow City Court, having considered the appeals' arguments and leaving the court of first instance's decision unchanged, recognized as lawful and justified the court of first instance's conclusion that the case materials confirm that Knyazev K.A. owns the exclusive right to the design of the video module housing. The defendants used the disputed design even though they did not present evidence in the case materials, including with the appeal, indicating the consent of the copyright holder to use the disputed design. #russia #law #ip #copyright https://lnkd.in/dj22Sdsa

On October 19-22, Hangzhou hosted the AIPPI World Congress, the flagship event of the International Association for the Protection of Intellectual Property. The International Association for the Protection of Intellectual Property, known as AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle), is the world’s leading non-profit association dedicated to developing and improving laws for the protection of intellectual property. It is a politically neutral, non-profit organization, based in Switzerland with over 8000 members worldwide from over 110 countries. The annual AIPPI World Congress provides an opportunity to learn about trends in the global intellectual property industry and communicate with professionals in this field from around the world. Sergey Zuykov and Christian Friedrich took part in the AIPPI 2024 events. #AIPPIWorldCongress #AIPPI #AIPPI2024

The trademark "I am Russian," which the author and performer SHAMAN decided to register, does not have a distinctive ability and does not characterize the declared goods; therefore, it cannot be registered. Sergey Zuykov, patent attorney and managing partner of Zuykov and partners, expressed this opinion in an interview with Izvestia. "I believe that such a trademark cannot be registered, since it does not have a distinctive ability, does not characterize the declared goods and does not indicate their place of origin and production. Registration of such words is allowed only as an unprotected element, for example, if there is an image element in the trademark applied for registration," the lawyer expressed his opinion. According to him, registration of such a trademark is possible for a very narrow list of services related to musical activities and the organization of concerts. Zuykov advised SHAMAN to apply for registration the phrase "SHAMAN I am Russian" for the rest of the list of declared goods. #ip #russia #trademark https://lnkd.in/dXTx8yJg

Diving into Chinese Market, Seizing Opportunities for the Future--A conversation with @Sergey Zuykov, Managing Partner of @Zuykov and partners In recent years, trade between China and Russia has been continuously growing. Against this backdrop, a large number of Chinese industrial products and consumer goods have flooded into the Russian market, prompting an increase in Chinese companies' investment in intellectual property rights in Russia. Zuykov and Partners, as a professional institution deeply rooted in the Russian legal market, has keenly observed this trend. The firm has not only successfully assisted numerous Chinese companies in establishing and protecting their intellectual property rights in Russia, but has also provided solid legal support and assurance for Chinese enterprises' investments in Russia and the Eurasian region through its professional legal services. Since its establishment in 2004, Zuykov and Partners (hereinafter referred to as "Zuykov") has grown to have over 50 employees worldwide, with offices distributed across Russia (headquarters), Belarus, Kazakhstan, and the UAE (where its business has not yet commenced). Sergey Zuykov, the founder and managing partner of the firm, shared that, compared to Chinese intellectual property firms that often have hundreds or even thousands of employees, Zuykov's team may seem modest in size, but it is undoubtedly a "major player" in the field of intellectual property in Russia. In addition to being listed multiple times on internationally renowned rankings, Zuykov has also been selected by many Russian media as a top tier intellectual property law firm. This interview took place during the 13th China Intellectual Property Annual Conference (CIPAC) held in Beijing. At this conference, Zuykov, as an exhibitor, had its managing partner, Sergey Zuykov, invited as a distinguished guest to participate in in-depth discussions on the development of intellectual property protection in Russia and the Eurasian region. During the conference, the interviewer had the privilege of having a face-to-face conversation with Sergey Zuykov, discussing the firm's experiences in expanding into the Chinese market, their service philosophy, and future strategic plans. Click to read the full article: https://lnkd.in/guMJBH_2

The Ministry of Economic Development proposes to define conditions when operators of digital platforms will not be responsible for the fact that sellers violate intellectual property and trademark rights when placing goods on these sites. Such a clause is included in one of the latest versions of the draft law "On the Platform Economy", which is being developed by the Ministry. In particular, the operator will not be liable for intellectual property infringement if at least one of the conditions of Part 3 of Article 1253.1 of the Civil Code on the specifics of the responsibility of an information intermediary is fulfilled. First, the operator did not know and should not have known about the misuse of intellectual property. Secondly, he did find out, but in this case, he took "necessary and sufficient measures to stop the violation of intellectual property rights." The article of the Civil Code also clarifies that the list of such measures and the procedure for their implementation may be established by a separate law. Current regulations are sometimes interpreted not in favor of marketplaces, lawyers say. With the adoption of the amendments, the responsibility of the site operator is not completely removed, says Sergey Zuykov, patent attorney, managing partner of Zuykov and partners. If the intermediary in the face of the marketplace is aware of the violation, but he does not take measures to stop it, then the blame already falls on him, the expert emphasizes. According to Zuykov, it is "categorically wrong" to exempt a conditional marketplace from any liability – the operator must control the site and application entrusted to him, and administer them without causing losses to others. #law #economy #ip #marketplace #russia https://lnkd.in/dtrAJtSJ

On October 16, the application for registration of the trademark "I am Russian" was announced. It was submitted by Yaroslav Dronov, known as the artist Shaman. Experts believe that registration, especially in a class involving the production of alcohol, is likely to be impossible due to the confusingly similar name "Russian Vodka." According to Olga Plyasunova, patent attorney of the Zuykov and partners law firm, signs with the word "Russian", especially for alcoholic beverages, are not registered now. "As far as I know, the copyright holder keeps close track of all trademarks. Suppose he sees any signs with the word "Russian". In that case, he even submits an objection to the Chamber for Patent Disputes, after which, as a rule, Rospatent terminates the legal protection of these signs," commented Plyasunova. Olga Plyasunova notes that in the case of the trademark of the artist Shaman, most likely, everything will follow the standard path, that is, brand registration will have to be refused. #law #ip #trademark #russia https://lnkd.in/d5N-nssQ

The IP People conference is taking place on October 16, 2024. Within the conference, leading experts analyze cases on management and protection of intellectual property. The conference was opened by Sergey Zuykov, Managing Partner of Zuykov and partners, speaking on the topic of joint ownership of intellectual property. There are two thematic areas at the conference: "Brand and trademark protection" and "Management, patenting, and protection of IT solutions and innovations". Managing Partner Sergey Zuykov made a presentation on the topic "International registration with a taste of sanctions". Roman Larshin, Head of the Legal Department, presented the report "Copyright protection of computer software". #ip #russia #law