A practical Russian-American webinar on "How to protect one’s intellectual property: the experience of experts from Yandex, Skolkovo, PATENTUS, Kaspersky lab and others" was held on June 11, with the informative contribution and participation of the Moscow Chamber of Commerce and Industry and the Eurasian news agency “TANYANA”. The webinar was conducted in English, with synchronous translation.
"One of the MCCI's goals is to help interested companies in organizing international business cooperation," said Mr. Suren Vardanyan, the MCCI’s Vice President in his opening speech. “ We have a platform for the exchange of opinions on market development, conduct virtual exhibitions and conferences, where we acquaint guests with business conditions in different countries. When people create something together, they have no time for confrontation. I am sure that today's event will help strengthen relations between Russian and American companies.”
"If you work with no matter what technology, it is imperative to fully understand the rights to it of other people, respect and not violate them," warned the audience the Head of the Intellectual Property Department of Kaspersky Lab, Ms. Nadezhda Kashchenko. “ The first and most important thing is to reduce the risks of various claims, and in case of a court precedent - to develop the right tactics together with experts and lawyers, and then take measures aimed at eliminating violations and to avoid such precedents in the future.”
The speaker introduced the audience to security measures that are in place in different American states. She emphasized that some court disputes on such issues in the U.S. last for years and explained how to properly present arguments to a jury far removed from technical areas. Special "patent trolls" can also bring legal cases against large companies; Ms. Kashchenko explained what tactics help to resist their pressure. According to her, by winning such disputes, Kaspersky Lab has saved about $250 million. She gave examples of the most "odious" cases. Nevertheless, in her opinion, the US is the most interesting market in terms of technology and, despite tough competition, Russian companies should enter it.
Mr. Andrei Inshakov, the Head of the Yandex Patent Department, spoke in detail about the differences in the approaches of the U.S. and European patent offices (the latter have more similarities with Russia in terms of clearer wording and requirements for applications). In particular, precedents play a big role in the USA. "There is a high level of uncertainty, because no one knows how a patent granted today will be interpreted by the courts in the future," the speaker explained.
The European Patent Office (EPO) is much more traditional and predictable in this sense, while in the US the scope of protection for an invention is wider. The speaker also spoke about applications for continuation of examination, the practice of amending patent clauses, contesting patents, invalidation of patents, the doctrine of non-execution of patents, etc. He explained what steps a company should take in order to patent its technology with the aim of entering the American market.
Управляющий партнер Skolkovo Legal & Patent Services Антон Mr. Anton Pushkov, the Managing Partner of Skolkovo Legal & Patent Services, introduced the audience the steps involved ino obtaining a patent application grant from Skolkovo resident companies (according to him, this is where 50% of PCT* applications are filed abroad). Residents are also provided with legal services, in particular - legal defense, support for lawsuits, etc.
TAG International's partner, Mr. Dmitry Gladkov, revealed in his report the optimal corporate structure for a company, wishing to enter the U.S. market. "Russian businesses like to use parent companies in offshore locations to hide their origins, but my advice is to create direct ownership of companies operating in the United States. Banks and other structures in this country are looking closely at the ultimate beneficiary," he stressed.
According to him, the degree of intellectual property protection in the U.S. is more rigorous than in other countries - for this reason, many companies seek to register it there. In addition, it is easier to attract the necessary funding in the U.S. market. Mr. Gladkov also focused on the "thin" points - regulatory traps. In particular, the U.S. imposes restrictions on the work of foreign nationals with "critical technologies" (27 areas), and before entering the U.S. market, one should study these restrictions.
Zuber Lawler’s partner, Mr. Casey Kneiser, also attended the webinar. The webinar was presided over by Mr. Dmitry Markanov, the managing partner of PATENTUS.
The event was supported by the Moscow City Government and the Department for Economic Policy and Development of Moscow.
*Patent Cooperation Treaty