Well-known trademarks and bad faith discussed at Russian conference

Russia

Frederick Mostert

A very well attended conference on well-known trademarks was hosted in Moscow by the Intellectual Property Office of Russia (Rospatent) and co-organised by the International Trademark Association (INTA), Coalition for Intellectual Property Rights (CIPR)and Baker & McKenzie.

It was a top flight meeting addressed by high level Russian officials and a panel of international experts on well-known trademarks.

The international panel consisted of Ms Gordana Pavlovic from Belgium, Dr Frederick Mostert from the UK, Dr Michael Treis from Switzerland, Ms Nancy Omelko from the US and Mr Eugene Arievitch of Russia.

Mr Boris Simonov, the director general of Rospatent, pointed out that we live in a truly global and interconnected world. Consequently, international legal principles now apply to the protection of  trademarks, which in turn require harmonisation.  He welcomed the contributions of the international panel of experts and invited cooperation on joint research projects in respect of determining the guidelines for well-known marks and the application of the factor of "bad faith" in cases involving well-known marks.

Ms Lyubov Kyriy, the deputy director general of Rospatent, provided clear and helpful insights into the certification process of well-known marks in Russia. Dr Vladislav Starzhenetskiy, the director of the Department of International Law and Cooperation of the Supreme Commercial Court of the Russian Federation, presented thought-provoking examples and case scenarios of well-known marks. He indicated that the courts were increasingly enhancing the legal principles surrounding the protection of these marks.

Emphasis was placed on the real significance of the element of "bad faith" in  marks cases by the experts. The panel also highlighted the legal principles which have developed around the protection of  marks in Europe and the US on dissimilar goods and across borders. The conference sparked lively participation and a heartfelt wish for consensus, cooperation and joint research on this fascinating topic.