On April 20, 2017, Elena Berger, Senior Associate of the IP practice, spoke at the Trademarks round table as part ofIntellectual Property Days of the North-West Federal Circuit currently taking place in St. Petersburg.

Elena’s topics concerned administrative and civil liability for violating exclusive rights to a trademark, as well as the procedure for holding an entity liable.

In her presentation, Elena noted the main problem the parties encounter when facing the issue of compensation for violating exclusive rights to a trademark. The problem is that the goal of compensation is unclear in both the law and court practice, leading to the compensation amount being unpredictable.

While speaking on this issue, Elena described the approaches to the goal of the compensation, the pros and cons of the approaches, as well as to the methods for calculating the compensation, developed in the practice.

The topic of the financial side of disputes on use of a trademark turned out to be a vital one for the audience, and after the presentation they discussed the most important questions related to the topic, exchanged professional experience and received practical recommendations from Elena.

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Intellectual Property Dayswere developed as a project and first held in 2009. Authors of the concept, members of the IP Council of the North-West Federal Circuit and the ITMO Institute of International Business and Law (Rospatent’s supporting organization in the North-West Federal Circuit), intended for them to be an event for a broad circle of participants – specialists, scientists, businessmen and creative youth of St. Petersburg. The project was actively supported not only by the city’s professional community, Rospatent and the St. Petersburg Government, but also by WIPO and the UN Economic Commission for Europe. In 2012, the Days were included into St. Petersburg’s comprehensive program “Science. Industry. Innovations” for 2012-2015.