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Domain delegation removal may be an excessive measure

On April 28-29, Moscow hosted the annual forum Intellectual Property – 21st Century, organized by the Chamber of Commerce and Industry of Russia. The forum followed World Intellectual Property Day (April 26), which is held by the World Intellectual Property Organization (WIPO).

The forum program included an online meeting of the Intellectual Property Court’s Scientific Advisory Council to discuss issues arising when hearing cases on the prevention of exclusive rights violations.

Sergey Kopylov, Deputy Director for Legal Affairs at the Coordination Center for TLD .RU/.РФ, spoke at the meeting. He called for caution when applying such a measure as the removal of domain delegation by a court decision, especially when hearing disputes over rights to a trademark and, in particular, to a domain name. Sergey Kopylov described in detail the technical and organizational problems that arise in this case. The meeting participants noted that domain transfer is governed by the domain disputes regulations, approved by the Coordination Center, and such a measure as transferring a domain by a court decision may be redundant with established procedures already in place.

The meeting participants also examined other measures to prevent violations of intellectual rights, as well as issues related to pharmaceutical and software patents. The Scientific Advisory Board at the Intellectual Property Rights Court is an advisory body whose main task is to develop scientifically substantiated explanations and opinions on the application of international agreements, laws and other regulatory legal acts for the purpose of forming a uniform judicial practice, as well as to develop proposals to improve legislation in the field of intellectual property rights protection. For many years, the Coordination Center has been paying great attention to cooperation with the Intellectual Property Court, primarily on issues related to domain disputes. Thus, in 2013, the Presidium of the Intellectual Property Court adopted a resolution approving a certificate on certain issues related to the procedure for applying interim measures in a domain dispute. Experts from the legal department of the Coordination Center took part in drafting the resolution. In 2014, the Intellectual Property Court approved a certificate on issues arising during domain dispute reviews.

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