From 19th to 21th of July 2016 the second and last training for judges of the administrative jurisdiction was held at the SE “Ukrainian Intellectual Property Institute” in the framework of the EU-funded Twinning Project “Strengthening the protection and enforcement of intellectual property rights in Ukraine”.
From 19th to 21th of July 2016 the second and last training for judges of the administrative jurisdiction was held at the SE “Ukrainian Intellectual Property Institute” in the framework of the EU-funded Twinning Project “Strengthening the protection and enforcement of intellectual property rights in Ukraine”.
The representatives of the High Administrative Court of Ukraine, the Kyiv Regional Administrative Court, Regional and Appellate Administrative Courts from different regions of Ukraine, as well as a representative of the Kyiv Commercial Court attended the training.
The main part of the training started with a presentation from Mrs. Silvia Navares, expert of the Spanish Patent and Trademark Office. She made a general overview of both the EU and Spanish legislation in the field of IPR; presented the current issues in the field; paid the participants’ attention to the recently adopted Trademark Directive; explained the functioning of the Spanish intergovernmental commission for fighting with counterfeit and piracy.
The following modules were dedicated to trademarks. Mr. Luis Antonio Soler, judge of the Community Trademark Court in Alicante, explained the main features of this intellectual property right, explained the main principles of protection existing for well-known trademarks and trademarks with reputation, conflicts between signs. The following cases were used to illustrate the training material: decisions on Community Trademarks taken by the Community Trademark Court in Alicante, by the Court of Justice of the European Union in cases L'Oreal, Adidas AG-Marca Mode CV, Intel-CPM, Davidoff, Lloyds. The third module concerned duties and obligations of the right holder, as well as requirements existing to maintain the right, with examples from cases Colloseum/Levi Strauss, Leno/Hagelkruis, Bernhard Rintisch/Klaus Eder, Specsavers. Invalidity and cancelation grounds were presented. A special module was dedicated to the trademarks in Internet, covering the issues of AdWords, conflicts with domain names, exlusive distributors and Internet sales, use of trademark as a hashtag or a user profile name, registration of trademarks to block a domain name, etc.
When speaking about the patent law, Mr. Alberto Arribas, judge of the Madrid Provincial Court, presented the main aspects of the TRIPS Agreements, analyzed the provisions of the EU Enforcement Directive, action for declaration of patent rights, used to have more secured conditions for industrial or commercial activities and to avoid unexpected actions on patent infringement. Among other subjects covered: cancelation of a patent, exhaustion of patent rights, other IPR covering invention rights (supplementary protection certificated), topography of integrated circuits, case-law covering all of the above mentioned issues.
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As for the industrial design module, the General Jurisdiction Court decisions were presented, with a case on conference equipment and one on promotional items for games. The topic of unregistered Community designs was also presented. The issue of spare parts in relation to industrial designs and/or trade mark was covered, where speakers explained the trade mark infringement case Ford Motor vs. Wheeltrims.
All training participants received attendance certificates at the end of the training. The Resident Twinning Adviser, Mr. Pablo Rodenas, thanked the representatives of administrative jurisdiction for an active discussion of the issues and expressed his hope for a further cooperation with Ukrainian counterparts in the future.
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«General overview of IPR legislation in the EU» (PDF, 1,11 MB)
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«Trademarks: conflicts with other signs» (PDF, 0,61 MB)
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«Duties and limitations of rights» (PDF, 0,26 MB)
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«Trade marks in the Internet» (PDF, 0,4 MB)
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«Patent Law» (PDF, 1,22 MB)
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«Patent Law (II)» (PDF, 3,6 MB)
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«Two industrial designs cases» (PDF, 0,77 MB)
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«Unregistered designs» (PDF, 0,11 MB)
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«Issues with spare parts» (PDF, 0,07 MB)
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«Trade marks and spare parts» (PDF, 0,08 MB)