Intellectual Property Court Practice: Recent Trends and Legal Analysis

This article provides an overview of recent publications focusing on court practices related to intellectual property (IP) rights. It covers a range of topics, including patent law, trademark law, copyright law, and domain name disputes. The content is sourced from various journals and legal publications, offering insights into both Russian and international perspectives on IP litigation.

Patent disputes are a significant area of IP litigation. Recent publications analyze methodologies for assessing the patentability of inventions and the implications of violating these methodologies. For example, one article examines a case where the Court for Intellectual Rights (SIP) overturned a decision by Rospatent due to an improper analysis of an invention's inventive step. Another publication discusses the standard of proof for prior art in invalidation proceedings in China, highlighting the criteria for evidence presented by the plaintiff.

Trademark disputes often involve complex issues such as the similarity of marks and the potential for confusion. One article discusses the qualification of designations that are similar to cultural heritage objects in the practice of the Court for Intellectual Rights. It examines the legal framework for protecting cultural heritage and the criteria for determining whether a trademark infringes on these protections. Additionally, the impact of Brexit on the relevance of UK evidence in EU trademark cases is analyzed, highlighting the evolving legal landscape.

Domain name disputes are addressed through international systems such as those managed by the World Intellectual Property Organization (WIPO). An article reviews WIPO's arbitration center and the elements of the out-of-court dispute resolution system approved by the Internet Corporation for Assigned Names and Numbers (ICANN). It also discusses the concept of 'bad faith' registration of domain names and the use of the Uniform Domain Name Dispute Resolution Policy (UDRP) in legal practice.

Copyright disputes involve questions of authorship, originality, and the unauthorized use of protected works. One case from Brazil examines the use of a song excerpt in a television program, focusing on whether the use constituted a violation of copyright. The court determined that the unauthorized use of a musical work, including both the phonogram and a portion of the lyrics, infringed on the author's property rights. Another case from Italy addresses the reproduction of artworks and the limitations on free use, emphasizing that reproductions must be instrumental for criticism or discussion and not contradict the economic use of the work by the правообладатель.

The legalization of parallel import in Russia is analyzed in the context of protecting consumers and the economy. This practice allows the import of goods without the trademark holder's permission, particularly relevant when foreign companies leave the Russian market due to political reasons. The legal framework and enforcement practices related to parallel import are discussed, along with a list of goods subject to this regime.

The evaluation of intellectual property assets in court disputes is crucial for determining damages and licensing fees. Methodologies for assessing IP value based on income and risk approaches are reviewed, with examples from court practice. The specific considerations for evaluating IP in the context of licensing agreements are also discussed.

Evidence plays a critical role in IP litigation, particularly in establishing prior art and proving infringement. The standard of proof required in invalidation proceedings is examined, focusing on the criteria for demonstrating that technology was publicly known before the patent application date. The admissibility and relevance of evidence, including that from foreign jurisdictions, are also considered.

Brexit has introduced complexities in EU trademark law, particularly regarding the relevance of UK-based evidence. A decision by the European General Court (GC) held that UK evidence was irrelevant post-Brexit, disagreeing with earlier decisions. This ruling affects the assessment of trademark validity and the likelihood of confusion in the EU.

The landscape of intellectual property litigation is constantly evolving, influenced by factors such as technological advancements, globalization, and geopolitical events. Recent trends include a focus on digital rights, the enforcement of trademarks in online marketplaces, and the balancing of IP rights with consumer interests. Future directions may involve greater international cooperation in IP enforcement and the development of new legal frameworks to address emerging challenges.