IP: New Challenges & Prospects

The II Intellectual Property Forum 2015, which was held by Yuridicheskaya Practika Publishing on 18 June 2015 at the Premier Palace Hotel in Kiev, has become a unique platform for dialogue between IP specialists.

The forum kicked off with a panel discussion devoted to prospects for IP in Ukraine. Alla Zharinova, head of the State Intellectual Property Service of Ukraine (the SIPSU), Bohdan Lvov, head of the Higher Commercial Court of Ukraine, Olena Orliuk, director of the Intellectual Property Research Institute of the National Academy of Law Science of Ukraine, Oleksandr Mamunya, partner of AEQUO, Julia Semeniy, partner of Asters, Yaroslav Ognevyuk, partner of Doubinsky & Osharova, discussed such issues as strategy of IP reform by the Ministry of Economic Development and Trade of Ukraine and the SIPSU, role of the state in administration of IP, legislative initiatives in IP for the improvement of investment climate in Ukraine, attempt of the executive authority to exclude IP special subject from the science. During the lively discussion the participants touched upon the work of the SIPSU in attracting investments to IP objects, its legislative developments such as the Draft Acts of Ukraine On Protection of Copyright and Allied Rights, On Collective Management of Rights of Property of Copyright and Allied Rights Subjects and others; evaluation of fulfillment of Ukrainian liabilities within the framework of implementation of the EU – Ukraine Association Agreement by the world community. Within the framework of the first panel, such points as IP current problems and solutions, changes to legislation and their potential impact on protection of IP rights in Ukraine were also discussed. Olena Orliuk highlighted the history of introducing the special subject of IP into the system of education and science in Ukraine, its impact on creating regulatory acts and the current situation with the IP course in universities as well as the prospects of a special IP subject in science. The question of an interface between IP and court practice also came under review.

The following session was devoted completely to the development of IP sphere in Ukraine in the context of cooperation with the EU and the USA. Foreign experts Donald Townsend, regional IPRs attache to Russia, CIS and Georgia of U.S. Foreign Commercial Service / U.S. Patent and Trademark Office of the U.S. Embassy Kyiv, Monica Pop, prosecutor of the IPR unit of Prosecutor’s Office attached to the High Court of Cassation and Justice, Romania, and Jose Antonio Moreno, general director of the Spanish Association for the Defence of Trademarks, were involved in expressing insights on further development of the IP sector in Ukraine. The Ukrainian side was represented by Inna Shatova, head of division of legal support in IP sphere of the SIPSU, Oleg Klymchuk, senior lawyer of Sayenko Kharenko, Elena Tishchenko, head of the IPR protection bureau of Global Spirits and Alexander Pakharenko, partner of Pakharenko & Partners. The following questions were discussed:  mechanisms of the implementation of the EU – Ukraine Association Agreement  in the IP sphere; necessity to care about protection of IPRs by Ukrainian applicants in the EU; preparedness of geographical indications of national companies to exist under the European legal framework and rules of conduct in the EU market. In her presentation “Strengthening the protection and enforcement of IPRs in Ukraine”, Monica Pop described dominant schemes of infringements of IP objects, paying special attention on trademarks issues and reported on mutual collaboration with Ukrainian government institutions in this sphere. In his turn, Donald Townsend encouraged efforts by our country to fight piracy in the Internet. Along with discussion of the procedure of obtaining geographical indications in the EU, speakers touched such sensitive issues as the situation with the brands of Crimean wines − geographical indications. Elena Tishchenko itemized sources of EU law on IP: the original acts, international legal treaties, secondary pieces of legislation and EU court precedents, and shared options of IP objects’ protection in EU countries.

One of the concurrent sections was devoted to the copyright and IP law in Internet.  In this section Antonina Malysh, head of state supervision over compliance with legislation in the sphere of IP of the SIPSU, considered more precisely the legislative initiatives of the SIPSU on implementing the principal EU Directives on copyright. Then Yuriy Krainiak, managing partner of Jurimex, submitted for consideration an utterly unconventional point of view on IP in telecommunications and compared the ratio of rightsholders’ interests and society.

Viktoriya Ostapchuk, managing partner of Synergy, spoke on how rightholders of intangible rights try to deal with violations in the Internet. In particular, she analyzed aspects of evidence collection for courts and acquainted the audience with the peculiarities of peaceful settlement of  disputes. Mariya Shvetsova, senior associate of IPexperts Intellectual Property Agency, presented an overview of international jurisprudence dealing with disputes for the protection of TV formats and spoke on ways of forming relevant national practice. Marina Kornienko, director of the legal department of International Media Center STB,  pointed out certain aspects of copyright law in the media industry. Special onus was made on the application of quotations.

At the final stage the leading specialists in the IP sphere received awards at the event. Pakharenko & Partners was named IP law firm of the year. Yaroslav Ognevyuk, partner of Doubinsky & Osharova, became IP lawyer of the year. Head of the legal department of Bayer Ukraine, Alena Galkina,  got the award for IP legal adviser of the year. Microsoft Ukraine was named the most active company in IP protection. Inna Shatova, head of division of legal support in the IP sphere of the SIPSU, became IP official of the year. Ihor Benedysiuk, chairman of the High Council of Justice of Ukraine, was awarded for outstanding achievements in development of IP system protection.