During this session leading experts in patent law, intellectual property, and international litigation will discuss the importance of intellectual property rights to global trade, the movement towards global patent harmonization, and the recent achievements of the Russian Intellectual Property Rights Court in its first years of existence. The panel will compare the legal standards for patent acquisition, enforcement, and court rulings in Russia and the United States, and will explore the extent to which the “law on the books” is enforced in the U.S. and other countries, including Russia. The discussion will also address cross-border intellectual property disputes and mechanisms for resolving them.
During the discussion the following issues will be addressed:
-What is the legal landscape in which today’s global businesses operate and what roles do national intellectual property protection and enforcement regimes play in fostering and directing innovation and increased economic activity?
-What government entity issues patents in the U.S.? How are patents enforced in the U.S.? Brief description of those processes, including a very basic overview of the America Invents Act.
-What government entity issues patents in Russia and brief description of that process. What is the jurisdiction of the new Court of Intellectual Property, and how does it handle appeals?
-In the United States, what are the legal standards for patent eligibility, validity, infringement, and injunctive relief and/or damages?
-In Russia, what are the legal standards for patent eligibility, validity, infringement, and injunctive relief and/or damages?
-IP law “as applied.” The law on the books is only as good as how it is enforced. Examples of where the law on the books is adequate, but there are difficulties getting matters prosecuted or adjudicated.
-The United States and Russia are parties to the TRIPS agreement that has assisted inventors to acquire worldwide patents, but does not directly address problems of international enforcement. What should be the next step? Is there any progress with the movement towards global patent harmonization?
-The notion of intellectual property in electronic format.
-Integration of norms of intellectual property in the codified Russian civil legislature.
Robert Huffman - Partner, Akin Gump Strauss Hauer & Feld, USA
Lyudmila Novoselova - President of the Intellectual Property Court
Igor Drozdov - Senior Vice President, Chief Legal Counsel, Skolkovo Foundation
Vitaly Kalyatin - General Lawyer on Intellectual Property, RUSNANO Corporation
David Koris - Chair of the ICC Commission on Intellectual Property
Vladimir Korneev - Deputy Chairman, Court for Intellectual Property Rights
David Leitch - Group Vice President and General Counsel, Ford Motor Co., USA
Richard Linn - Circuit Judge, United States Court of Appeals for the Federal Circuit
Michael McIlwrath - Executive Counsel, General Electric Co., USA
Elena Pavlova - Head of the Department of the Intellectual Property Rights Legislation, The Private Law Research Center under the President of the Russian Federation