Category: News and publications

Dr. Vadim Chagin (Partner, Russian and Eurasian Patent Attorney) and Ms. Olga Gribanova (Partner, Head of the Trademark Department, Trademark Attorney) were invited to present at the  seminar organized by the KPAA  for Korean patent attorneys on November 28, 2023. The presentations of the Patentica’s attorneys covered various  approaches to the intellectual property protection in Russia and Eurasia. We provided an overview of geographical and economical aspects behind the Russian and Eurasian patent systems and an update on the case law developments in the field of patent and trademark protection.

Patentica considers the seminar  to be an important opportunity to share our knowledge and expertise in protection of IP rights in Eurasia as well as to meet our Korean colleagues in person.

PHOTO (left to right): Mr. Jang-Won Hong, the 42nd President of the KPAA, Mr. Vadim Chagin, Ms. Olga Gribanova, Mr. Tae-Jun Suh, Chairman of the KPAA International Cooperation Committee; KPAA Building, Seoul.

The Second Congress of Technology and Innovation Support Centers of the Republic of Belarus. The Congress was held at the Belarusian State University.

It was attended by representatives of technology and innovation support centers from all over Belarus, as well as examiners from the World Intellectual Property Organization (WIPO), the Eurasian Patent Office, the National Center for Intellectual Property (NCIP), representatives of universities and libraries from Belarus and Russia. The development of the project was discussed, as a result of which recommendations were proposed for improving the project.

Technology and Innovation Support Center is an international project initiated by WIPO in 2009 to provide inventors in developing countries with access to sources of high-quality technical information and other related services at the local level.

A New Project has been Launched to Improve Patent Activity in Georgia. On November 14-16, as part of a joint project (GESIP) of Sakpatenti and the Swiss Federal Institute of Intellectual Property (IPI), a three-day training was held in Mtskheta for examiners of the Department of Inventions and New Varieties and Breeds. The main topic of the training is the freedom to operate (FTO) search in the field of information and communication technologies. The freedom to operate search is the process of identifying in-force patents or published patent applications with claims that cover the technology, process, or product you are targeting.

The training program covered the examination of patent applications related to software, artificial intelligence, and other systems and methods.

The purpose of the event is to improve the capabilities and quality of services that Sakpatenti offers to intellectual property users and the public, as well as to introduce new services. Thus, the exchange of information and deepening of knowledge within the framework of the project will contribute to building the capacity of the Department of Inventions, New Varieties and Breeds of Sakpatenti, which is an important factor contributing to the development of patent systems in Georgia.

Important Update on Divisional Applications Filing Strategy at the RUPTO after Recent IP Court decision.

On 6 October 2023, the Presidium of the Intellectual Property Court of Russia as part of consideration of the case No. SIP-570/2022 between Slovenian pharmaceutical company KRKA and the Russian Patent Office on the validity of AstraZeneca’s Russian patent RU 2643764 on dapagliflozin issued a ruling that has a potential to impact the filing strategy of consecutive divisional applications at the Russian Patent Office.

According to the decision in question upon filing a second, third, etc. divisional application it is now necessary for the original parent application to be pending to establish the same priority date. Once a patent on the parent application is granted the doors for any divisional applications are closed.

In the light of this decision it is advisable filing potential divisional applications all at once before the date of issuing a patent on the original parent application. As usual the substantive examination of a divisional application can be deferred for up to three years from its filing date. Upon requesting substantive examination, the clams can be amended to achieve the desired scope of protection, minimizing the initial costs of filing several divisional applications simultaneously.

The Court’s decision has been made final and entered into force on October 6, 2023. It is however still subject to potential appeal for reconsideration by the Supreme Court until December 6, 2023. Although the finality of this decision remains to be seen, for the time being it should be taken into account when filing any new divisional application to avoid any future complications in the event the decision is upheld by the Supreme Court.

On December 6, 2023, the Second Eurasian Conference on Intellectual Property and Technology “IP Eurasia/ IP India’23” will be held in Moscow.

The conference will be dedicated to the prospects for the development of cooperation between Eurasian countries and India.

The issues of integration of intellectual property into market relations, digitalization of intellectual property, as well as issues arising in the field of intellectual property rights in connection with the development of artificial intelligence will also be discussed.

Today, it is important to recognize the value of using innovative results of intellectual work, which can lead to increased income and fame through the introduction of new intellectual property in various sectors of the economy. Eurasian patent attorney Eduard Shablin from Patentica, who is the President of the Eurasian Patent Attorneys Assembly, will be one of the speakers at the conference.

The team of patent attorneys from Patentica recently took part in the annual AIPPI World Congress, held in Istanbul, Turkey, from October 22 to 25, 2023. This congress was a platform for in-depth discussions on various pertinent issues in patenting and the protection of intellectual property rights, with a special focus on emerging types of intellectual property. Engaging conversations revolved around topics such as patent and trademark infringements in online marketplaces, strategies for documenting such violations, and holding the violators accountable. In addition, the discussions delved into the legal status of intellectual property created through the use of artificial intelligence.

Notably, the European colleagues at the congress dedicated substantial attention to the Unitary European Patent (https://www.patentica.com/news-publications/europe-launches-game-changing-patent-system) effective as of June 1, 2023. While mixed opinions were expressed on the new system due to limited time of its practical application, overall, it was seen as a positive development, expanding the possibilities for patent rights protection in Europe.

In the backdrop of the event, geopolitical changes were also under scrutiny. These changes have presented new challenges for businesses, mainly involving the closing of established markets, the redirection of focus towards new markets, and the initiation of new production and product development efforts. This evolving landscape necessitates a higher degree of flexibility from intellectual property specialists to effectively safeguard businesses’ intellectual property rights in the shifting landscape. The meetings held by Patentica representatives with colleagues from various countries during the congress testify to the adaptability of the IP industry, which is offering clients relevant and contemporary solutions.

On October 27, the National Institute of Intellectual Property of the Republic of Kazakhstan (Qazpatent) conducted a training on the legal protection of geographical indications and promotion of regional products for the finalists of the “One Village – One Product” project.

Deputy Director of Qazpatent Aidyn Artykova told regional manufacturers about the activities of the Qazpatent Institute and about such objects of intellectual rights as geographical indication, appellation of origin and trademark and about the benefits obtained by registering such objects for enterprises.

At the Qazpatent site, entrepreneurs asked more specific questions regarding legal protection and conditions for the formation of regional brands. The training was attended by such companies as Asyl Arman Kazakhstan LLP, whose products include herbal products, oils, teas, and Individual Entrepreneur AQTORE, whose products include camel milk products, kymyran, kurt, etc.

The “One Village – One Product” (OVOP) project is aimed at improving the quality of local products, creating local brands, and increasing the value of products on the market.

In a legal development with potential implications for the alcohol industry, Italian wine and spirits manufacturer, Campari Group, has taken legal action against the Russian company Master-trade. The lawsuit, filed with the Rostov Region Arbitration Court on July 25, centers on the protection of Campari Group’s Aperol and Aperol spritz brands in the Russian market (trademarks Nos. 516537, 1090485, and 1028398), with the aim of prohibiting the unauthorized import and sale of items under these brand names, as well as returning the goods released into civil circulation. The trial that was scheduled for October 30, 2023, is now postponed until December 4, 2023.

Campari Group is a prominent player in the global spirits industry, boasting a portfolio of more than 50 brands, including the popular Aperol. The Aperol brand has gained international acclaim, particularly for its signature Aperol Spritz cocktail, a blend of Prosecco, Aperol, and soda water. On the other side of the legal battle, Master-trade, the Russian company in question, holds exclusive contracts with leading global alcohol manufacturers. It is a key supplier of a diverse range of alcoholic beverages, including wines, sparkling wines, as well as cognac, whiskey, and vodka.

Since the departure of many foreign companies from the Russian market due to sanctions, Russian authorities have allowed parallel imports (importing goods without the right holder’s consent) of certain brands, including alcoholic beverages. In this situation, foreign alcohol manufacturers that remained in the Russian market are trying to prevent uncontrolled imports of their beverages, which could be supplied at lower prices in such a case.

This lawsuit highlights the potential disputes between international alcohol producers and local importers and distributors in the market. It serves as a reminder of the increasing importance of brand protection, especially under the conditions of legalized parallel import for certain goods provoking a desire to take advantage of the situation and expand the bounds of the law.

European startups applying for patents and/or trademarks during their initial seed or early growth stages are up to 10.2 times more likely to secure funding from investors. What’s more, the ownership of European patents and EU trademarks is associated with an even higher advantage, with a rate of securing early-stage funding exceeding five times that of those with only national intellectual property rights. These are the key findings of a new study published jointly by the EPO and EUIPO.
The key findings of the study include:

• On average, 29% of European startups have filed for patents or registered trademarks, though there are significant differences between industry sectors.
• Startups increasingly make use of IP rights as they grow, with a strong focus on European IP rights at all growth stages.
• The filing of patent and trademark applications in the seed or early growth stage is associated with a higher likelihood of subsequent venture capital (VC) funding.
• The filing of applications for European patent and EU trademark is associated with an even higher likelihood of subsequent VC funding for startups (compared to just national IP rights).
• The filing of patent and/or trademark applications is associated with a more than twice as high likelihood of successful exit for investors.

In a significant legal development within the pharmaceutical landscape, Pfizer, the American pharmaceutical giant, has initiated a legal battle in Russia to claim over 12.5 billion rubles from Nativa, a company currently undergoing bankruptcy proceedings. This substantial claim is believed to encompass the financial losses that Pfizer asserts it incurred due to the sale of a generic version of its anti-tumor medication, sunitinib, by Nativa.
The indicated legal dispute between Pfizer and Nativa is rooted in the alleged patent infringement related to Sunitinib-Native, a generic version of Pfizer’s oncological drug, Sutent. Notably, Nativa began marketing this generic in 2017, while Pfizer’s patent for sunitinib, the active component within Sutent, was still in effect until August 31, 2022. Pfizer had previously engaged in legal disputes with Nativa over patent infringements, aiming to terminate the production and distribution of Sunitinib-Native. The court initially ruled in favor of Nativa, granting them a compulsory license for sunitinib in exchange for annual payments to Pfizer, amounting to 10% of the product’s sales revenue. It was only in October 2022 that Pfizer successfully challenged this decision on appeal.
In the most recent development, the court granted Pfizer Innovations’ request for information from Nativa about the quantity and pricing of Sunitinib-Native, which has been available in the market since March 2017. Sunitinib-Native has remarkably overtaken the original Sutent in sales since 2019 – 8.12 billion rubles vs 4.88 billion rubles through state procurement between 2018 and 2022.
Current complex patent dispute extends to Nativa’s prior legal conflicts with prominent pharmaceutical entities, including BMS, Celgene, and AstraZeneca. By the time bankruptcy proceedings were initiated, Nativa no longer held valid certificates for its pharmaceutical products. As a result, some of these certificates, including sunitinib, were transferred to Pharmmental Group in 2021.
In the legal battle with Pfizer, Nativa’s insolvency adds complexity to the case, raising questions about the practicality of recovering substantial damages.

According to international experts, the annual damage to global commercial aviation from bird strikes amounts to up to $1.2 billion. Engineers from the Vector Research Institute have received a Eurasian patent for a system that, using television, can prevent strikes even at poorly equipped airports.

The solution uses the digital broadcasting television center signals protecting equipment already installed on the territory of the airport from the effects of radar radiation.

The broadcasting center emits the digital broadcasting television signal. The signal is then reflected from the birds and received by surveillance channel antennas, and the direct signal from the broadcasting center is received by a reference channel antenna. The received signals are processed in the receiver. In case of a threat of collision, a threat processor launching the device of deterrence is activated.

The system provides autonomous operation, increases airport safety during the takeoff/landing of aircraft and reduces the number of false alarms.