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1.9. Joint Exercise of Intellectual Property Rights

Wednesday, 15 May
15:00 - 16:30

Lecture hall, General Staff Building (6-8, Dvortsovaya sq.)

In modern economies, technology development and various kinds of creativity necessarily involve collective effort, which results in increasing number of intellectual property co-ownership. This makes a need to elaborate an adequate regulation of IP co-owners`relations an acutely urgent objective. Such a regulation would mainly be addressed to intangible nature of the common asset as well as to  balancing individual co-owners` interests concerning it. In this respect it is very important to discuss the following questions:

May classical property law notions be applicable to jointly held intellectual rights? Particularly – should each IP co-owner`s rights be described as a share in common asset/right?

Which theoretical concept/model is to be chosen to give an adequate account to the greatest number of practical issues in the field?

How the disposal of the commonly held IP right should be structured?

Should each co-owner have right to license the common asset? Is the consent of all or majority of other co-owners required?

How can risks of a good-faith counterparty be mitigated? Particularly, what protection may be given for a prospective licensor/transferee guaranteed during negotiations of title exclusivity?

Should there be any difference in copyright, patent and trademark co-ownership regimes? 

The panel will bring together representatives from both science and practice to facilitate an extensive discussion of legal challenges inherent in patent, copyright and trademark co-ownership and will help to identify ways of improving regulation in the field.

Moderators

Lyudmila Novoselova

The Chief Judge, Intellectual Property Court

Elena Pavlova

Head of Department of the Intellectual Property Rights Legislation, Alexeev Private Law Research Center Under the President of the Russian Federation

Speakers

Volkmar Henke

Partner, Eisenfuehr Speiser

Mariya Kolzdorf

Deputy Head of the Department for Summarization of Court Practice and Statistics, Intellectual Property Court

Vladimir Korneev

Deputy Chairman, Intellectual Property Court

Sergey Losev

Leading Researcher, The National Centre of Legislation and Legal Research of the Republic of Belarus

Alexander Pfister

Head Legal Services Industrial Property Rights, Swiss Federal Institute of Intellectual Property

Nataly Spiridonova

Legal Advisor, The Private Law Research Center Under the President of the Russian Federation


* The Programme may be subject to change