A seminar organized under the auspices of the Association of the Russian Patent Attorneys concerning the Higher Arbitration Court Practice in IP litigation cases took place on March 17, 2004. Sojuzpatent's specialists – trademark attorneys O. Chernikova, A. Sinitzyna and litigation counsel T. Ekhlas have participated in the seminar.
The main panelist was a judge of the Higher Arbitration Court - Honorable Mrs. E. Moiseeva Judge Moiseeva highlighted the most important cases of the last year. The greatest interest evoked two cases regarding the appeals against the decisions of the Chamber for Patent Disputes of the Russian Patent Office. In the first case the Court agreed with the opinion of the Chamber for Patent disputes that the trademark “Zhygulevskoje Pivo” is a common designation generally used to designate certain kind of goods (type of light beer in Russia). That is why the Chamber for Patent Disputes considered the verbal designation ‘Zhigulevskoe Pivo’ to be excluded from the legal protection. As for the second case - trademark “Gusiniye Lapki”, the Chamber for Patent Disputes considered the provided evidences not sufficient to establish the fact that this trademark is well known for designation of certain goods (caramel sweets). The High Arbitral Court approved both decisions of the Chamber for Patent Disputes.