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Annual report of Rospatent 2010 (Section 1)

 

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2010 Annual Report of Rospatent

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Dear Ladies and Gentlemen!

We are pleased to present for your perusal the 2010 Annual Report on the activities of the Federal Service for Intellectual Property, Patents and Trademarks.

During 2010, Rospatent, as a federal executive body performing the functions of control and supervision in the field of legal protection of the results of intellectual activities has actively engaged in issues related to legal protection of the results of intellectual activities and exercised control of legal protection to ensure due quality of examination and utilization of the results of scientific and research, experimental design, and technological works obtained at the expense of the federal budget.

The statistical results of the activities of Rospatent are provided within this Report. It should be noted that the number of patents issued in 2010 is higher than the planned indices for 2010 and the figures of 2009. The overfulfilment of the plan is to a large extent due to the realignment of the technological examination divisions of the FGU FIPS, which improved the efficiency of the examination process, and is also due to the implementation of a number of measures aimed at the reduction of labor through automation of technological procedures and organizational improvements to the examination procedures. This allowed to considerably reduce the pendency of the examination of applications for protective titles for results of intellectual activities.

The 2010 activities of Rospatent in the field of international cooperation were aimed at ensuring the interests and fulfilling the obligations of the Russian Federation ensuing from respective international and bilateral agreements, and also at the development of cooperation with international organizations and foreign patent offices.

2010 was marked by the development of cooperation with foreign patent offices in the framework of the Patent Prosecution Highway (PPH) projects, which Rospatent engaged with in 2009. Within the framework of pilot PPH projects, Rospatent collaborated with the Japan Patent Office and Korean Intellectual Property Office.

I would also like to mention significant 2010 events — the 65th Anniversary of Victory in the Great Patriotic War and the 50th anniversary of the Federal State Establishment “Federal Institute of Industrial Property of the Federal Service for Intellectual Property, Patents and Trademarks” — FGU FIPS, which is the legal successor of the All-Union Scientific and Research Institute of State Patent Examination — VNIIGPE created by the Decree of the USSR Council of Ministers of July 22, 1960 No. 766.

Summarizing the outcomes of the year, we can confidently state that Rospatent has managed to implement a significant amount of tasks set by the Government of the Russian Federation and make a considerable contribution to reinforce the prestige of the Office at the international level.

Please note that information on the main financial indicators of the Rospatent’s 2010 activities and on the personnel structure of Rospatent and its subordinate federal state establishments is provided in Annexes 1 and 2 to the Annual Report.

I hope that you will find the information contained in the Report on the 2010 activities of the patent office of the Russian Federation useful.

 

Director General of the Federal Service for Intellectual Property, Patents and Trademarks Boris Simonov faks_sim2.tif

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In 2010 the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) made efforts aimed at optimization of rendering State services according to requirements of the Federal Law of July 27, 2010 № 210-FL “On Rendering of the State and Municipal Services”, as well as the Conception of the Administrative Reform in the Russian Federation for 2006–2010, approved by the Resolution of the Government of the Russian Federation of October 25, 2005 № 1789-Р. Within the framework of this activity the steadfast attention was paid to priority issues of maintenance of the examination quality under Part IV of the Civil Code of the Russian Federation (hereinafter referred to as the Code) and the Administrative regulations. The quality of examination of the applications for the objects of patent rights and the means of individualization is a priority of the set of measures aimed at ensuring quality of the State services rendered by Rospatent according to the Complex Plan of Development of Rospatent system up to 2015. Realization of this task is aimed at formation of the unified practice of implementation of the national legislation, prevention of cases of non-observance of provisions thereof in the course of examination of the applications and maintenance of transparency of Rospatent’s activity. In order to achieve the goals defined, ROSPATENT along with the Federal Institute of Industrial Property (hereinafter referred to as the FGU FIPS) has implemented a great deal of work in the following main directions during 2010:

  • development of methodological basis of examination of the applications;
  • development of information support of examination of the applications (in particular, in relation to access to information retrieval systems);
  • quality management control of examination;
  • training of Rospatent staff involved in carrying out search and examination of the applications.

As far as methodological basis of examination is concerned, the main activity in 2010 was aimed at defining uniform approaches to provisions of the Code and the Administrative regulations. In particular in 2010 the Russian Guidelines for examination of the inventions were drafted based on the Recommendations to examination of the inventions, adopted by the Order of Rospatent (December 31, 2009 № 199). This activity was implemented under the joint Russia/European Union project “Approximation of the Intellectual Property Aspects in the EU and Russia” (hereinafter referred to as the Joint project). The purpose of this Joint project is harmonization of the European and Russian practice of examination of inventions. When drafting the Guidelines for examination of the inventions, attention was paid to the principles of carrying out search and examination, set forth in the PCT International Search and Preliminary Examination Guidelines (hereinafter referred to as the РСТ Guidelines), the European Patent Office Examination Guidelines, as well as the European experience of examination of the applications for inventions.

The approximation of the Russian and European practice of examination involved regulation of certain issues, concerning, in particular, patentability of inventions, requirements of clear presentation of the claims and support of the claims by description, evaluation of the features, characterized by the interval of parameters, as well as carrying out of patent search.

The draft Guidelines for examination of the inventions were adopted by the members of the Task Force established for development of the Guidelines, including inter alia the representatives of the Patent office and Committee of the Joint project. At the end of 2010 the draft Guidelines for examination of the inventions was submitted for public discussions. This document is to be approved and introduced into force in the middle of 2011.

In the process of implementation of the Joint project it became obvious that for further approximation of the procedures of applications examination and for meeting the international requirements of the РСТ Guidelines it will be necessary to amend the Administrative regulation related to the procedures of patent examination, making decisions and actions. The results of investigation of the international agreements and the European legal acts, received within the framework of the Joint project, will be used during the activities planned for 2011 with the aim of optimization of the above Administrative regulations.

In 2010 the systematic monitoring related to implementation of legislation, first of all, identifying issues, which are not completely regulated under Part IV of the Code, and drafting comments for the sake of uniform approach during examination of the applications for inventions, as well as increasing quality of examination.

In particular, the comments related to drafting of requests dealing with the claims were drafted. It contains the recommendations aimed at regulation of practice of request communication, decreasing the time limits for correspondence related to the applications, as well as increasing quality of examination documents.

For the sake of providing high quality of patent search concerning the applications for granting invention patents for of the same applicant, the recommendations on citing in prior art of data included in application with the earlier priority date, when examination of the further application of the same applicant, were drafted.

For the sake of unification of examination of the claimed signs in relation to symbols used in the State Standards and Regulations, as well as when considering appeals against examination’s decisions concerning the trademark applications or granting legal protection to trademarks, the recommendations on recording the sources of information about technical regulations and national standards during examination of the claimed sign against trademark requirements were drafted.

During this year the Recommendations on checking documents proving payment of the fees related to judicial actions, concerning patents for inventions, utility models, industrial designs, were drafted. The Recommendations consist of explanations of problematic issues related to payment of the fees, in particularly, for amendments in materials of the application for granting patent for invention. When drafting the Recommendations, the practice of monitoring the observance of the requirements for due payment of patent fees in Rospatent system, as well as the results of R&D related to payment of prescribed patent fees, were taken into consideration.

On the basis of the results of R&D related to peculiarities of examination of the applications for granting patents for inventions or utility models characterizing non-scientific notions, the recommendations on estimation of such features during examination of the applications were drafted. The recommendations are included in the Guidelines for examination of the inventions.

The elaboration and approval at the end of 2009 of the set of methodological recommendations is an important result on the way to improvement of methodological support of examination of applications for the objects of patent rights and the means of individualization, improvement of examination quality. The practical implementation of methodological recommendations was monitored during 2010. At present this activity is finalized. The adoption of the amendments to methodological recommendations drafted in result of such monitoring is planned for the first quarter of 2011.

As far as information support of examination of the applications is concerned (in particularly, improvement of access to information retrieval systems), in 2010 the activities aimed at full-scale exploitation of professional system of patent search PatSearch were finished. Simultaneously with the activity related to improvement of information and technological support of the procedure of patent search in Rospatent, a great attention was paid to the improvement of quality of patent search. The importance of this issue is required inter alia by participation of Rospatent in international Patent Prosecution Highway projects (both PPH and РСТ-РРН), as well as by the functions of Rospatent as a competent International Searching Authority under the PCT. The issue of increasing the quality of search and creation of conditions for worksharing with the other patent offices is a matter of priority both to WIPO and the most part of the patent offices all over the world. In 2010 the activities of Rospatent in this direction were aimed at methodological improvement of search support as well as measures for providing search quality according to the requirements of Chapter 21 of the РСТ Guidelines. When drafting Russian Guidelines for examination of the inventions, the “Guidelines on carrying out information search” Chapter was supplemented by recommendations on carrying out information search. In 2011 Rospatent will continue the efforts related to recordation of history of information search, drafting recommendations on search inquiry etc., as well as development of tools providing for effective control of information search quality.

The current system of quality of examination of intellectual property rights and assignment of the rights (Diagram 1) was developed in Rospatent with the aim of implementation of a set of measures for providing quality of the State services, rendered by Rospatent in the sphere of the legal protection of the results of intellectual activity and disposal of the exclusive rights. Two-level quality control, including external management control and internal preventive control seems to be the most effective from the point of view of identification and prevention of non-observance of provisions of the legislation.

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Diagram 1. Quality Control of Examination of IPRs and Transfer of the Rights in Rospatent

In 2010 more than 120 specialists of Rospatent (including the directors of FGU FIPS departments, heads of examination divisions, principal examiners of examination divisions, supervising recruited examiners under the tutorship program) took part in internal preventive control, in particular:

  • quality of the first request for submitting of additional materials communicated to the applicant during the substantive examination of patent applications;
  • quality of lengthy examination of patent applications.

The directors of FGU FIPS departments analyze the validity of the reasons for sending three and more requests related to the same application for invention, industrial design or trademark, as well as validity of the reasons for sending three and more requests related to the registration of assignment contracts.

In 2010 the control of quality of drafting the reports prepared on the basis of the international searches, international-type searches under the international agreements was implemented; formalized opinions were established in relation to each document. At the end of 2010 the results of control and proposals for preventing malfunction were drafted in accordance with the requirements of Chapter 21 of the РСТ Guidelines and distributed among the directors of FGU FIPS departments, responsible for ensuring internal control of examination quality. The results of such control have been taken into consideration when planning measures for increasing quality of searches during 2011.

Within the framework of external control and with the aim of providing objective and comprehensive consideration of complaints, the Quality Service verified the grounds of complains, falling under paragraph 2 of Article 1 of the Federal law (dated of May 2, 2006, № 59-FL) “On consideration of appeals of the citizens of the Russian Federation” as amended. According to requirements of Article 10 of the above Federal Law, the response shall be done in written form in relation to all complaints filed in 2010. As for complaints recognized as grounded, the measures for elimination and prevention of malfunctions during execution of prescribed administrative procedures, including the administrative measures, were taken.

For the sake of transparency of Rospatent’s activities, information concerning results of consideration of the appeals received in 2010 from the citizens and legal entities, including complaints, is available at the Rospatent’s site. Statistical data is available in the Section “Statistics of appeals from the citizens and legal entities considered by Rospatent and subordinate organizations in 2010” of this Annual Report.

For the sake of providing for observance of prescribed procedure, the Quality Service carried out:

  • monitoring of prescribed time limits for examination of the applications for intellectual property rights;
  • control of decisions made on applications for the state registration of trademarks (service marks) as to completeness of consideration of arguments of the applicant in his/her reply to examination request;
  • checking the application for inventions when substantive examination found the claims contained the object “making use”;
  • technological supervision for meeting requirements of the Temporary Technology prosecution of the application to trademarks and appellation of origin on the stages of registration of the applications and formal examination;
  • analysis of reasons of protracted examination of certain applications for inventions, utility models and trademarks;
  • observance of the time limits for registration of alienation of the exclusive rights.

The activities aimed at analysis of reasons of redress by the Chamber of Patent Disputes of the appeals as well as sampling control of quality of different kinds of search and examination according to international agreements were performed on a constant basis.

One of the main directions of activity within the system of quality of execution of state duties by Rospatent is the improvement of professional skills of the FGU FIPS staff.

Training and improvement of professional skills of FGU FIPS staff was carried out within the framework of the United System of Education.

The senior specialists of FGU FIPS drafted the training programs relating as much as possible to the practice of examination of the applications. These programs were used by professors of the Russian State Institute of Intellectual Property (RGIIS) in specialized courses dealing with the issues of examination. The programs were also used in centralized training of the heads of divisions and examiners of FGU FIPS.

As a rule, training programs relate to legal regulation in the field of legal protection of results of intellectual activities, implementation of legislation or amendments to legislation.

In particular, the topics of centralized training in 2010 were devoted to:

  • Rospatent proposals concerning amendments to current legislation on inventions, utility models and industrial designs;
  • review of the judicial practice in the field of protection of inventions, utility models, industrial designs and the means of individualization.

With a view of regulation of practice of examination of the applications for inventions and increasing quality of the examination documents, the following issues were discussed in centralized training:

  • peculiarities of drafting requests concerning the applications for invention;
  • interaction of divisions of the FGU FIPS when receiving and examining the applications for utility model patents and incoming documents related to the said applications, as well as peculiarities of examination of the applications for utility models.

2010 was marked by enlargement of international cooperation in the field of intellectual property. In this connection the issues of certain centralized training programs were devoted to participation of Rospatent in the Patent Prosecution Highway project (РРН, РСТ- РРН), including the results of visit of the FGU FIPS examiners to the JPO within the framework of the program “Mutual exchange of the examiners under PPH”.

In accordance with the plans of internal training in divisions of FGU FIPS, training was carried out in relation to new normative acts, patent examination, as well as the results of internal and external control of examination quality. Training was carried out by senior specialists of each examination unit.

In connection with carrying out of extraordinary certification more than 100 examiners of departments have passed procedures of self-preparation and self-examination of knowledge of Part IV of the Code with use of computer training game-system “OLYMPUS: ОКС”. This system is permanently used by interested persons in the mode “Training on Examination”.

In 2010, with a view of improvement of professional skills, for examiners, including a reserve on a post of the head (deputy head) of examination divisions, training in the Quality Service under the model program has been organized; 77 examiners recruited by FGU FIPS in 2010 have been trained in RGIIS, 76 experts have finished this training.

1.1. Rendering State Services Related to Legal Protection of Inventions, Utility Models and Granting Patents Thereof

In 2010 the activities of Rospatent in the field of legal protection of inventions and utility models has undergone the reorganization of all the departments of examination of inventions and utility models. The primary goal of reorganization was the improvement of quality of examination of the patent for invention as a result of a more uniform distribution of the applications among the examination departments. Besides, reorganization has affected the process of examination of the applications for utility model patents. Functions on carrying out examination of applications for these objects have been assigned to branch examination departments and applications are distributed among the examiners according to headings of the IPC.

As a result of the reorganization, the number of branch examination departments has increased from eleven to sixteen. The department of utility models has been disbanded.

The special sixteen examination departments form two units — Unit of chemistry, biotechnology and medicine and Unit of physics and applied mechanics.

Creation of new examination departments has been caused by the permanent growth of quantity of applications for invention patents and non-uniformity of this growth according to subject matters. Such phenomenon inevitably leads to unequal volumes of work, which are accumulated in different examination departments and controllability of the departments with a great volume of works, including quality of the internal control which is carried out in such departments, and finally, quality of examination.

The necessity of transfer of examination of applications for utility models to the branch examination departments was reasoned by the change in enforcement practice of utility model examination under the Administrative regulations on execution by the Federal Service of Intellectual Property, Patents and Trademarks of the state function of acceptance of the applications for utility models, examination thereof and granting patents of the Russian Federation for utility models, approved by the Order of the Ministry of Education and Science of the Russian Federation from 10/29/2008 № 326, registered by the Ministry of Justice of the Russian Federation of 12/24/2008 № 12977, (hereinafter referred to as Administrative regulations on utility models). The examination of utility models provided by the Administrative regulations on utility models, requires a higher level of special technical knowledge of the examiners in the area, which the applications relates to, than it was possible to provide for the department of utility models in view of a limited number examiners of the department of utility models.

In the reported year the technology of prosecution of the applications for invention or utility model patents, based on the structure created in the course of reorganization in 2009 was implemented. As a result of 2009 reorganization, all the functions of the examination departments which are not directly related to the substantive examination of inventions have been transferred to the Department of processing of the applications and the fees, which is a part of Unit of formal procedures of the objects of patent right. The undertaken transformations and structural changes have allowed to increase efficiency of examination as well as raise controllability of examiners and quality of the results of examination of the applications for inventions or utility models.

The number of applications for inventions and utility models in 2010 wasn’t reduced and volume of examiner work, as far as the number of the applications examined is concerned, was not diminished. Thus, the branch examination departments provided for time limits prescribed for examination of the applications for the invention under the Administrative regulations on execution by the Federal Service of Intellectual Property, Patents and Trademarks of the state function on the acceptance of the applications for invention, examination thereof and granting patents of the Russian Federation for invention, approved by the Order of the Ministry of Science and Education of the Russian Federation of 10/29/2008 № 327, registered by the Ministry of Justice of the Russian Federation of 2/20/2009 № 13413 (published in the Bulletin of normative acts of the Federal Authorities, № 21, 5/25/2009) and the Administrative regulations on utility models; trends to reduction of time limits for examination of the applications for granting invention or utility model patents have been sustained.

In 2010, besides the examination of the applications for invention and utility model, 554 searches for the Patent Office of Turkey; 678 international searches and written opinions; 742 searches for the Eurasian Patent Office and patent offices of the CIS countries were carried out.

The examiners of FGU FIPS have taken part in numerous seminars, workshops and round tables organized practically in all the Russian regions devoted to the entry into force of the Administrative regulations.

The interaction with the WIPO International Bureau in the field of the information search and examination of the international applications under the РСТ was continued. Besides, Rospatent has taken part in the new program of cooperation in the field of examination of patent applications – РРН (Patent Prosecution Highway).

In 2010 attention was paid to the activity connected with computerization of processes of examination. Examiners continued to master work in electronic archive and with new expanded version of search tool PatSearch.

A great attention has been paid to development of methodology of examination of patent applications for inventions, in particular, in the course of the Joint project with the European Union “Approximation of aspects of the rights to intellectual property in EU and Russia”.

The results of activities of the branch examination departments in 2010 are shown in Tables 1.1.1 to 1.1.6 and in statistics available in Annex 3.

Table 1.1.1

INVENTIONS: Filings for the Russian Federation Patents

Indices

2006

2007

2008

2009

2010

2010 vs. 2009 (%)

Filed with Rospatent, Total
Including:

37691

39439

41849

38564

42500

110,21

by Russian Applicants

27884

27505

27712

25598

28722

112,20

by Foreign Applicants

9807

11934

14137

12966

13778

106,26

Considered at the Stage of Expertise and Decisions Made:

32416

35337

38021

40085

40056

99,93

Decisions on Granting, Including:

25382

28212

29903

32144

30998

96,43

to Russian Applicants

20323

22066

22668

23502

21307

90,66

to Foreign Applicants

5059

6146

7235

8642

9691

112,14

Decisions on Refusal, Including:

768

781

1230

959

963

100,42

to Russian Applicants

689

693

1078

816

809

99,14

to Foreign Applicants

79

88

152

143

154

107,69

Decisions on Withdrawal, Including:

6266

6344

6888

6982

8095

115,94

to Russian Applicants

4582

4712

4503

4060

4161

102,49

to Foreign Applicants

1684

1632

2385

2922

3934

134,63

Table 1.1.2

INVENTIONS: The Russian Federation Patents Issued

Indices

2006

2007

2008

2009

2010

2010 vs. 2009 (%)

Patents Issued, Total
Including:

23299

23028

28808

34824

30322

87,07

to Russian Applicants

19138

18431

22260

26294

21627

82,25

to Foreign Applicants

4161

4597

6548

8530

8695

101,93

Table 1.1.3

INVENTIONS: Number of Valid Russian Federation Patents as of December 31, 2010

 

Valid as of December 31, 2009

170264

Patents for Inventions Issued in 2010

30322

Ceased to be Valid in 2010 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

18682

Valid as of December 31, 2010

181904

Table 1.1.4

UTILITY MODELS: Dynamics of Filings

Indices

2006

2007

2008

2009

2010

2010 vs. 2009 (%)

Filed with Rospatent, Total
Including:

9699

10075

10995

11153

12262

109,94

by Russian Applicants

9265

9588

10483

10728

11757

109,59

by Foreign Applicants

434

487

512

425

505

118,82

Considered at the Stage of Expertise and Decisions Made:

10362

10318

10715

11953

11285

94,41

Decisions on Granting, Including:

9614

9683

10000

11094

10514

94,77

to Russian Applicants

9213

9224

9555

10710

10059

93,92

to Foreign Applicants

401

459

445

384

455

118,49

Decisions on Refusal, Including:

12

16

25

42

20

47,62

to Russian Applicants

12

15

25

39

20

51,28

to Foreign Applicants

0

1

0

3

0

Decisions on Withdrawal, Including:

736

619

690

817

751

91,92

to Russian Applicants

689

591

648

775

724

93,42

to Foreign Applicants

47

28

42

42

27

64,29

Table 1.1.5

UTILIY MODELS: Dynamics of the Russian Patents Issued

Indices

2006

2007

2008

2009

2010

2010 vs. 2009 (%)

Patents Issued, Total
Including:

9568

9757

9673

10919

10581

96,90

to Russian Applicants

9195

9311

9250

10500

10187

97,02

to Foreign Applicants

373

446

423

419

394

94,03

Table 1.1.6

UTILITY MODELS: Number of Valid Patent (Certificates) of the Russian Federation
as of December 31, 2010

Valid as of December 31, 2009

48170

Certificates for Utility Models Issued in 2010

10581

Ceased to be Valid in 2010 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

3903

Valid as of December 31, 2010

54848

 

1.2. Rendering State Services Related to Official Registration of Industrial Design and Granting Patents Thereof

The number of the applications for industrial design patents in the reported year has grown 7% in comparison with the previous year, but still can’t be recognized as a considerable one.

With a view of increase of knowledge of designers on the issues concerning legal protection of the results of creative work of designers, the Advisory council on legal protection of design, which is public consultative body, has been created under Rospatent in 2010. The primary goal of the Advisory council is drafting proposals and recommendations aimed at assistance to development of designs in the Russian Federation by means of improvement of its legal protection and enforcement of the rights of the designers.

The Advisory council consists of leading specialists in the field of the design, competent representatives of public and commercial organizations, whose activity is connected with creation of design, professors of design orientated universities, editors-in-chief of the known magazines publishing articles concerning design, staff of Rospatent, FGU FIPS and RGIIS.

One of the primary goals of the Advisory council is the creation of conditions for increase of awareness of designers on the legal issues concerning intellectual property rights. With that task in view the Advisory council will hold thematic meetings at Rospatent with the designers on where the issues of perfection of the legislation in the field of legal protection and enforcement of design will be discussed. Besides, the Council will be engaged in preparation of the amendments to curricula and programs concerning legal protection of design, used in design oriented universities. In turn, the designers will acquaint with the best works of staff of Rospatent and readers of the All-Russia Patent and Technical Library (VPTB). Exposition of trademarks developed by the members of the Association of the Artists “Promgraphika” of the regional public organization ”Moscow Union of the Artists” was available in 2010 in the VPTB premises. This exposition will be periodically updated.

A special attention within a year was paid to observance of time limits of administrative procedures of examination of applications for industrial designs, the information about which is available at the Internet site of Rospatent in Section “Open Registers” related to industrial designs. The average term of substantive examination of the applications for industrial design patents in 2010 has been reduced to 6 months.

During the year, the formation of uniform practice of application of Part IV of the Code, as well as the Administrative regulations on execution by the Federal Service for Intellectual Property, Patents and Trademarks of the state function of acceptance of the applications for the industrial design, examination thereof and granting patents of the Russian Federation for industrial designs, adopted by the Order of the Ministry of Education and Science of the Russian Federation from October 29, 2008 № 325, registered by the Ministry of Justice of the Russian Federation of 11/27/2008 № 12748, and the Recommendations on examination of the applications for industrial designs, adopted by the Order of Rospatent from March 31, 2009 № 48, was continued.

The basic quantity indicators of the applications filed and patents for industrial designs granted is reflected in Tables 1.2.1 to 1.2.3 and in statistics available in Annex 3.

Table 1.2.1

INDUSTRIAL DESIGNS: Dynamics of Filing and Examination of the Applications for Russian Federation Patents

Indices

2006

2007

2008

2009

2010

2010 vs. 2009 (%)

Filed with Rospatent, Total
Including:

4385

4823

4711

3740

3997

106,87

by Russian Applicants

2627

2742

2356

1972

1981

100,46

by Foreign Applicants

1758

2081

2355

1768

2016

114,03

Considered at the Stage of Expertise and Decisions Made:

4446

4377

5194

5460

4557

83,46

Decisions on Granting, Including:

3908

3636

4360

4538

3940

86,82

to Russian Applicants

2317

2142

2273

2055

1940

94,40

to Foreign Applicants

1591

1494

2087

2483

2000

80,55

Decisions on Refusal, Including:

81

110

179

120

112

93,33

to Russian Applicants

51

82

139

99

94

94,95

to Foreign Applicants

30

28

40

21

18

85,71

Decisions on Withdrawal, Including:

457

631

655

802

505

62,97

to Russian Applicants

384

513

495

614

392

63,84

to Foreign Applicants

73

118

160

188

113

60,11

Table 1.2.2

INDUSTRIAL DESIGNS: Dynamics of Issuing Patents of the Russian Federation
in the Following Years

Indices

2006

2007

2008

2009

2010

2010 vs. 2009 (%)

Patents Issued, Total
Including:

2675

4020

3657

4766

3566

74,82

by Russian Applicants

1753

2298

2062

2184

1741

79,72

to Foreign Applicants

922

1722

1595

2582

1825

70,68

Table 1.2.3

INDUSTRIAL DESIGNS: The Quantity of Valid Patents of the Russian Federation
as of 31.12.2010

Valid as of December 31, 2009

22401

Patents issued in 2010

3566

Ceased to be Valid in 2010 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

3021

Valid as of December 31, 2010

22946

 

1.3. Rendering State Services Related to Official Registration of Trademarks and Service Marks and Granting Certificates Thereof

In 2010 Rospatent’s activity on providing legal protection to trademarks and service marks (hereinafter referred to as trademarks), examination of the applications for trademarks and state registration thereof, granting of certificates for trademarks, registration of contracts on assignment of the exclusive rights in trademarks (alienation of the rights and granting of the right to use thereof under license contracts) was carried out on the basis of the provisions of Part IV of the Code.

Thus, the activity on drafting the amendments to Chapter 69 («General Provisions») and Chapter 76 («Rights in the Means of Individualization of a Legal Entity, Goods, Works, Services and Enterprises») of the Code was continued.

Under Part IV of the Code, the measures for perfection of methodical support of trademark examination aimed at increase and unification of approaches to examination dealing with the claimed signs and requirements for trademarks were implemented. The accent has been made on approbation of the recommendations and information letters drafted during the previous years on the basis of enforcement practice under Part IV of the Code, related to check on identity and similarity of the claimed signs concerning, definition of uniformity of the goods during examination of the applications for registration of trademarks connected with the issues of examination of the certain signs (labels, package) and application of Part IV of the Code concerning consent of the legal owner with registration of the similar trademark, certain issues of trademark examination applied in technical regulations and national state standards.

In the reported year the increase in number of the applications for the state registration of trademarks filed with Rospatent is marked. The number of such application amounted to 56848 and shows 13,45% increase in comparison with 2009 (50107) (see Table 1.3.1).

Table 1.3.1

TRADEMARKS AND SERVICE MARKS: Dynamics of Filing and Consideration of Application for Registration
of Trademarks and Service Marks of the Russian Federation

Indices

2006

2007

2008

2009

2010

2010 vs 2009 (%)

Total Number of Applications for Trademark
Registration filed in the Russian Federation, Including:

52984

57262

57112

50107

56848

113,45

by Russian Applicants

29589

31502

30024

26448

32735

123,77

by Foreign Applicants, Including:

23395

25760

27088

23659

24113

101,92

Under the Madrid Agreement or Protocol

14567

15388

16738

15113

14289

94,55

Considered at the Stage of Expertise and Decisions Made:

40321

48186

50586

55852

53408

95,62

Decision on Granting

33197

39634

43002

46440

43920

94,57

Decision on Refusal

6805

8077

7333

9106

8950

98,29

Decision on Withdrawal

319

475

251

306

538

175,82

This increase testifies that the trend to the growth shows the interest in trademarks from manufacturers of the products and was fixed in 2009 in comparison with decrease of number of the applications filed in 2008 as a result of the world economic crisis.

In 2010 about 52600 application were predicted and 53408 applications were filed (increase in 1,5%).

43920 positive decisions were made, 35178 trademarks were registered (see Table 1.3.2).

Table 1.3.2

TRADEMARKS AND SERVICE MARKE: Dynamics of Registration

Indices

2006

2007

2008

2009

2010

Trademarks and Service Marks Registered,
Including:

29199

30724

36617

36436

35178

for Russian Applicants

13694

14993

19895

19585

20116

for Foreign Applicants

15505

15731

16722

16851

15062

Including under the Madrid Agreement or Protocol

10240

9537

8518

8101

6019

Renewais Registrations
Including:

4419

8015

6431

6690

9554

for Russian Applicants

2243

4160

3550

4243

6119

for Foreign Applicants

2176

3855

2881

2447

3435

Registration Valid By the End of the Year

197055*

207562*

222208*

246607*

268165*

*Without regard for International applications filed under the Madrid Agreement

In the conditions of legislation reform, the successful implementation of the tasks related to examination of the applications and registration of trademarks, became possible as a result of realization of a set of measures in this field.

Among them one should note the automation of technological procedures and organizational perfection of processes of examination aimed at decreasing labor costs. In 2010 next stage of the project on paperless technology of trademarks examination was finished, including the following systems: electronic filing of the applications and electronic interaction between the applicant and FGU FIPS, electronic prosecution system (ТМ-ADMIN), electronic register of trademarks including legally significant records and the Internet portal of official publications.

A system of electronic filing of the applications developed in the previous years and approved in 2010 for exploitation, at present is a system of electronic interaction between the applicant and FGU FIPS in which the possibility of bilateral exchange of communications is realized. The number of users of system is now increasing; in 2010 more than 200 applications for trademark registration were filed, as regards of the applications the results of examination of the claimed sign were communicated to the applicants.

In the conditions of paperless technology (ТМ-ADMIN), three modules of system are introduced: processing and transfer of paper documents in electronic form, formation of electronic files of the applications and carrying out formal examination, carrying out examination of the claimed sign. First two modules are maintained within one and a half years and optimized under requirements of the users. Examination of the applications on the stage of formal examination is conducted by all the examiners in TM-ADMIN system in the mode of support of paper documents by means of electronic document circulation. Since February 2010 the system of examination of the claimed sign, which is used by about 30 employees (10 examiners) is maintained. Total number of the users of the system exceeds 200.

For simplification of the process of implementation of project ТМ-ADMIN the communication of working documents and application files are also kept in paper, as well as «soft» approach consisting in gradual transfer from the EXPERT «ТM of the Russian Federation» to ТМ-ADMIN is realized for the users. The issues dealing with the implementation of system consist of: stage-by-stage access of all the examiners to TM-ADMIN system with the subsequent deletion of the EXPERT «ТM of the Russian Federation» system; realization of the self-contained operation cycle of electronic documents of the applications, including the account of the fees payment, registration in the electronic State register and publication; development of hardware and software complex for high-grade expansion of the system; transition of examiners to work only with electronic documents at all stages of examination.

In the reported year the permanent activity for improving qualification of trademark examiners was conducted. Thus, the accent has been made on individual training.

With a view of transparency of administrative procedures, all information related to trademark applications was published at the Internet official site of Rospatent in «Open Registers» Section.

Practical contribution in development of the uniform approaches to taking decision on the issues concerning legal protection of trademarks, is a discussion during conferences, seminars, meetings, round tables in Rospatent and in various regions of the Russian Federation, in particular during the 14 Annual Scientific and Practical Conferences of the Rospatent dealing with legal protection of intellectual property rights, XIII Moscow International Salon of Industrial Property «Archimedes-2010», All-Russia Meeting on trademarks and appellations of origin in Altai territory.

Development of practice of application of provisions of Part IV of the Code was implemented taking into account a practice in this area of foreign countries discussed during the events, organized by WIPO within the framework of the Madrid System and the Nice classification of the goods and services, as well as in materials and the recommendations developed by the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications, in particular, related to non-conventional marks and the grounds for refusal in registration as a trademark of any kinds of the signs. In 2010 Rospatent was involved in examination of the claims on recognition of trademarks or signs as a well-known mark of the Russian Federation. As of January 1, 2011 a list of well-known marks of the Russian Federation consisted of 102 marks, including 80 trademarks registered and 22 signs which were used as trademarks, but had no legal protection at the territory of the Russian Federation.

In 2010, 14 marks were recognized as a well-known mark of the Russian Federation (see Table 1.3.3).

Table 1.3.3

Consideration of Claims on Recognition the Trademark or Sign, Used as Trademark,
Well-Known in the Russian Federation

Type of Claim

2007

2008

2009

2010

On Recognition as Well-Known

Recognized

12

7

9

14

Not Recognized

6

4

7

10

 

1.4. Rendering State Services Related to Official Registration of Appellations of Origin and Granting Certificates on Exclusive Rights Thereof

In 2010 an activity on providing a legal protection to appellations of origin, examination of the applications for state registration of names appellations of origin and granting of the exclusive right to such appellations, as well as applications for granting of the exclusive right in earlier registered appellations of origin (hereinafter referred to as the IO) and granting certificates for exclusive rights in IO was carried out under Part IV of the Code and the Administrative regulations on execution by the Federal Service for Intellectual Property, Patents and Trademarks of the state function of acceptance of the applications for IO, examination thereof and granting of certificates of the Russian Federation, adopted by the Order of the Ministry of Education and Science of the Russian Federation from 10/29/2008 № 328, and registered by the Ministry of Justice of the Russian Federation of 2/16/2009 № 13356 (hereinafter referred to as the IO Administrative regulations).

With a view of increase of efficiency of the legal protection of the IO, in the reported year, Rospatent drafted the proposals on amendments to Part IV of the Code including, in particular, provisions developing a principle of possibility of registration of the IO by one or several persons on the basis of one application, receiving by each person of the certificate, providing the publication of data on applications for IO filed in the official Bulletin of Rospatent, aimed at control over special characteristics (quality) of the goods in which relation IO is registered.

Monitoring of the IO Administrative regulations taking into account the practice of its application, as well as the provisions directly related to IO of the Federal law from October 4, 2010 № 259-FZ «On amendments of Part IV of the Civil Code of the Russian Federation» has been carried out.

In 2010 the Rospatent continued to actively cooperate with the federal enforcement authorities with a view of achievement of a high quality of the opinions according to requirements of Articles 1522 and 1531 of the Codes which should consist of complete of data concerning the special characteristics of the goods defined by geographical environment of the place of manufacturing as well as reliable information about the borders of the geographical places, the names of which are declared for registration as the IO.

Special attention was paid to the Federal Service for regulation of the alcoholic market, which according to the Resolution of the Governmental of the Russian Federation from April 3, 2010 г №126, is assigned the function of preparing of the opinions concerning alcoholic products (earlier these functions were carried out by the Ministry of Agriculture of the Russian Federation).

In the reported year the cooperation with the regions of Russia, aimed at revealing of the names of the geographical places accompanying the traditional goods in relation to which the applications for registration thereof as trademarks, as well control over special characteristics of the goods in relation to which the IO are registered (Vologda area, Altai territory, Republic Bashkortostan) was continued.

In 2010 63 applications for the state registration of the IO and (or) granting exclusive rights in IO were filed (in 2009 — 30 applications), including 56 applications from the Russian applicants, and 7 applications from the foreign applicants (Armenia, Italy, Portugal, Scotland, Ukraine). Thus, from 56 applications filed by the Russian applicants, 16 applications were filed for registration of the IO, and 40 applications for exclusive rights to use the earlier registered IO. The number of the certificates on the exclusive rights to the IO was equal to 22; almost 2,5 times more than in 2009 (9 certificates).

Dynamics of filing applications and issuing certificates on exclusive rights in the IO in the Russian Federation is summarized in Table 1.4.

Table 1.4

APPELATIONS OF ORIGIN: the dynamics of filing applications and issuing certificated
on exclusive right for application of origin in Russia

Indices

2006

2007

2008

2009

2010

Total Number of Applications for Registration and Granting of the Right to Use

41

27

35

30

63

Including:
from Russian Applicants

41

27

31

27

56

from Foreign Applicants

4

3

7

of the Exclusive Right to Appellation of Origin,
Including:

21

25

14

9

22

from Russian Applicants

19

24

14

9

18

from Foreign Applicants

2

1

4

 

1.5. Rendering State Services Related to Official Registration of Computer Programs, Databases and Topographies of the Integrated Circuits, Contracts on Assignment of Exclusive Rights and Granting Certificates Thereof

In 2010 a stable growth of the applications for registration of computer programs (CP), databases (DB) and topologies of integrated circuits (ТIС) testifying the growing interest of legal owners of these objects in the state registration of CP, DB, ТIС and granting of the certificates on the state registration has continued.

The number of the applications filed in 2010 has increased in comparison to 2009 on 935 applications (9335), including 8432 applications for CP (10,5%), 790 for DB (12,7%) and 113 for ТIС (61,4%).

Data on the number of registered CP, DB and ТIC from 2006 to 2010 is provided in Table 1.5.1.

Table 1.5.1

Number of Registered Computer Programs, Databases, Topographies
of Integrated Circuits in 2006–2010

Indices

2006

2007

2008

2009

2010

Total

Computer Programs

4422

5308

6086

7057

8073

30946

Databases

389

426

441

609

733

2598

Topographies of Integrated Circuits

30

55

66

45

110

306

Всего:

4841

5789

6593

7711

8916

33850

In 2010 in total 8916 objects (15,6% more than in 2009), including 110 ТIС against 45 in 2009 have been registered.

It should be noted that the number of the applications filed by universities has increased by 41% (from 1874 to 2649).

In 2010 227 applications for registration of alienation of the exclusive rights in CP, DB, ТIС and transfer of the exclusive rights without the contract were filed. After the entry into force of Part IV of the Code, the contracts on partial transfer of the exclusive rights in CP, DB and ТIС should not be registered.

In total 221 applications for registration of alienation of an exclusive right and transfer of the exclusive rights without the contract concluded related to 493 objects were examined. Thus, on the average one statement relates to 2,2 objects. In the course of the examination 22 applications were withdrawn. In respect of 199 applications the transfer of the rights was registered, including: 180 — registered on the basis of contracts on alienation of the exclusive rights and 19 – on the basis of transfer of the exclusive right without the conclusion of the contract with the legal owner.

The number of the registered contracts on alienation of the exclusive rights in CP, DB, ТIС and transfer of the exclusive rights without the contract on these objects is summarized in Table 1.5.2.

Table 1.5.2

 

Number of Registered Contracts for the Complete Transfer of Exclusive Rights on Computer
Programs, Databases, Topographies of Integrated Circuits and Non-contracted Transfer of
Exclusive Rights to Other Persons

Type of contract

2006

2007

2008

2009

2010

Total

Contracts for the Complete Transfer of Exclusive Rights (in of Registered Subject Matter)

41
(41)

94
(94)

213

227

180

755

Non-contracted Transfer of Exclusive Rights to Other Person

5

19

24

Total:

41

94

213

232

199

779

Despite the reduction of number of the contracts registered in 2010 on alienation of the exclusive rights in comparison with 2009 (180 against 227 in 2009), the number of the objects in which relation the contracts have been registered, has changed slightly (343 against 371 in 2009).

In 2010 the examiners of Rospatent have delivered the reports on the urgent issues of the legal protection of CP, DB and ТIC and registration at 12 conferences and seminars in Moscow, St.-Petersburg, Novosibirsk, Ufa, Abakan, Kyzyl and Khabarovsk.

1.6. Rendering State Services Related to Official Registration of Contracts on Disposal of the Exclusive Rights in Inventions, Utility Models and Industrial Designs and Transfer of the Rights Without Contracts

In 2010 examination and registration of the contracts on disposal of the exclusive rights in inventions, utility models and industrial designs, as well as transfer of the exclusive rights in these objects to other persons without the conclusion of the contract with the legal owner were carried in the reported year according to requirements of the «Administrative regulations of execution by the Federal Service for Intellectual Property, Patents and Trademarks of the state function of registration of contracts on granting the right in inventions, utility models, industrial designs, trademarks, service marks, computer programs, databases, topologies of integrated circuits, as well as contracts of commercial concession on use of intellectual property rights protected under the patent legislation of the Russian Federation», adopted by the Order of the Ministry of Education and Science of the Russian Federation from October 29t, 2008 № 321, registered by the Ministry of Justice of the Russian Federation on March 5, 2009 № 13482 (hereinafter referred to as the Administrative regulations on the contracts).

In the reported year Rospatent received 3921 applications for registration of the contracts related to 8255 inventions, utility models and industrial designs. In comparison with 2009 the number of the applications for registration of the contracts and patents specified in them has increased accordingly by 26,4 % (2009 — 3103 applications) and by 23,6% (2009 — 6680 patents) that testifies growing demand of the patented objects for a civil turnover.

Dynamics of registration of the contracts on alienation of the exclusive rights in inventions, utility models, industrial designs and contracts on the right to use thereof (from 2006 to 2010) is presented in Table 1.6.1.

Table 1.6.1

Dynamics of Registration of License Contracts and Patent Assignment Contracts

Indices

2006

2007

2008

2009

2010

Patent Assignment Contracts

1451

1674

1524

1054

1356

Exclusive License Contracts

212

276

215

228

264

Non-Exclusive License Contracts

751

902

1005

1083

1240

Total Number of Contracts Registered

2414

2852

2744

2365

2860

Registered Requests to Grant a Free License

63

66

92

88

77

Published Requests to Grant a Free License

82

68

72

79

62

* With no regard to the transfer of the exclusive right to the persons with-out contract, e.i. as a result of inheritance or reorganization of the legal entity — right holder.

Table 1.6.1 shows that the total number of the contracts registered in 2010 has reached the maximum value for last five years — 2860 contracts; which by 20,9% exceeds the indicators of 2009.

From 2006 to 2008 the share of contracts on alienation from the total number of the contracts exceeded half and decreased accordingly from 60 to 55,5%. The share of contracts on alienation of the exclusive rights in the patented industrial property rights in total amount of the registered contracts was established in the last two years on the level less than half and in 2010 was equal to 47,4%.

In 2010 the number of the non-exclusive license contracts has increased by 14,5% vs. 2009 and was equal to 1240 contracts. At increasing of the number of exclusive license contracts to 264 (in 2009 — 228), the share of non-exclusive license contracts in the total number of the license contracts registered in 2010 practically corresponds to a similar indicator of 2009 (82,4%).

8 contracts on pledge of the exclusive rights to the results of intellectual activity have been registered in 2010. Such an insignificant number of the contracts, probably, is explained by the fact that the requirements for the state registration of the contracts on pledge of the exclusive rights to subjects of the state registration of the results of intellectual activity were set by paragraph 2, Article 1232 of Part IV of the Code. Actually, the registration of contracts on exclusive right pledge was effected after entry into force of the Administrative regulations on the contracts.

In the reported year the number of applications (77) and publications (62) concerning possibility of granting to any person of the right to use an invention, utility model or industrial design (open license) remains insignificant.

The data of Table 1.6.2 concerning the number of the registered contracts in technical areas during the period from 2006 to 2010 testifies that in 2010 indicators of the certain branches of industry have increased significantly. In comparison with 2009 the number of the contracts has sharply increased, for example, in such areas of technology as electronics, computer facilities, instruments — 4,3 times (311 contracts), medicine — 3,9 times (294 contracts), chemistry, petro chemistry — 3 times (286 contracts). The maximum number of the contracts is registered in the field of power and electrical engineers — 421 contracts (in comparison with 2009 increase by 70%). In other areas of technology a decrease is fixed.

Table 1.6.2

Distribution of Registration Contracts by Fields of Technology

Fields of Technology

Contracts

2006

2007

2008

2009

2010

Light and Food-Processing Industries

160

211

186

173

163

Mechanical Engineering, Machine-Tool Industries, Tool Production

414

366

373

250

118

Medicine

295

120

140

76

294

Power Engineering, Electrical Engineering

220

390

364

247

421

Chemistry, Petroleum Chemistry

500

120

94

94

286

Electronics, Computer Sciences, Instrument Making

157

137

101

73

311

Metallurgy

181

245

186

133

86

Oil and Gas Production

100

434

449

338

162

Construction Engineering and Construction Materials

160

423

266

272

135

Others

227

406

585

709

884

Всего:

2414

2852

2744

2365

2860

Table 1.6.3 shows the dynamics of change of activity of the parties of the registered contracts depending on a category of managing subjects. As a whole, it is necessary to note a relative stability of the parity of activity of the allocated categories of managing subjects. Still as a receiving party state-owned enterprises are dominating — 83,3%, the share of these organizations as the transferring party makes more than half — 51,7%. However, one should note a steady trend to increase in activity of the state enterprises, scientific and research institute, universities. In 2010 the share of the specified category of the contracting parties as the transferring party has increased by 4,9% vs. 2009 and has reached 13,8% from the total number, and as a receiving party — has increased by 2,3% vs. 2009 and has reached 7% from the total number.

Table 1.6.3

Activity of Parties to Registered Contracts

Categories of Economic Entities

Proportion of the total number of contracts, per cent

Transferor

Transferee

2006

2007

2008

2009

2010

2006

2007

2008

2009

2010

Natural Persons

16,4

36,0

33,9

32,9

34,5

4,1

10,9

10,2

7,6

9,7

State Enterprises, R&D Institutions, Universities, Design Offices

3,1

8,0

7,6

8,9

13,8

1,5

3,8

2,7

4,7

7

Non-Governmental Organizations, Including:

80,5

56,0

58,4

58,2

51,7

94,4

85,3

87

87,7

83,3

Joint—Ventures

0,06

Foreign Companies

14,0

9,8

10,9

12,4

7,6

11,7

11,0

12,1

11,1

7,1

Others

0,1

0,1

In the reported year there was trend to a little increase in the number of the patents, which are a subject of one contract, according to the statistics presented in Table 1.6.4. In 2010 the average indicator of the number of patents in one contract has increased to 1, 99 (in 2009 — 1,9).

Table 1.6.4

Number of Registered Contracts and that of Patents in respect of which
the Contracts were Registered

Indices

2008

2009

2010

Number of Registered Contracts (including amendments and cancellations)/Number of Patents, Total

3076/5369

2365/4503

2860/5680

Including:
Inventions

2077/3445

1550/2568

1833/3415

Utility Models

720/1304

576/1305

718/1556

Industrial Designs

279/620

239/630

309/709

According to Article 1241 of the Code, Rospatent effects the state registration of transfer of the exclusive rights to other person without the conclusion of the contract with the legal owner in cases and on the bases which are established by the law, including as an universal assignment (inheritance, reorganization of the legal entity) and in a case of claiming property of the legal owner. The state registration of transfer of the exclusive rights to other person without the contract conclusion is carried out according to the Administrative regulations on the contracts, which came into force in June 2009.

In 2010 Rospatent received 357 requests of the assignees for registration of transfer of the exclusive rights without the contract related to 2245 patented inventions, utility models and industrial designs. Examination of 393 requests related to 2881 patented objects is finished; transfer of the exclusive right to other person without the contract under 238 requests related to 1819 patented objects is registered. In 2009 for comparison, it should be noted that 54 transfers of the exclusive rights in inventions, utility model and industrial designs related to 232 patents have been registered. The average indicator of the number of patents in one registered request for transfer of the rights without the contract has increased from 4,3 in 2009 to 7,6 in 2010.

It is necessary to note that among all the requests adopted in 75% requests as the owner of an exclusive right and its assignee were the Russian nationals and in 25% requests — foreign nationals.

1.7. Rendering State Services Related to Official Registration of Contracts on Disposal of the Exclusive Rights in Trademarks and Service Marks and Transfer of the Rights Without Contracts

In 2010 examination and registration of the contracts on disposal of the exclusive rights in trademarks, service marks (hereinafter referred to as trademarks), and transfer of the exclusive rights in trademarks to other person without the conclusion of the contract with the legal owner, as well as other objects, were carried out during year according to requirements of the Administrative regulations on the contracts.

The statistics for 2010 shows the data considering both the number of registered contracts, and the total number of trademarks in relation to which the legal owners had been transferred the exclusive rights (contract on alienation of the exclusive rights in trademarks) or right to trademark use on the basis of license/sub-license contracts or contracts of commercial concession/sub-concession (hereinafter referred to as the license contracts).

Table 1.7.1 shows the number of trademarks in relation to which the contracts on alienation of the exclusive right in trademarks and license contracts during the period from 2006 to 2010 were registered.

Table 1.7.1

Number of Trademarks in Respect of Which Trademark Assignment Contracts and License Contracts
to Confer of Using a Trademark were Registered

Type of contract

2006

2007

2008

2009

2010

Trademark Assignment Contract,Total
Including:

5039

7719

6767

6121

7426

from Russian Owners

4061

5748

5222

4888

5939

from Foreign Owners

978

1971

1545

1233

1487

License Contracts, Total
Including:

8097

9288

8807

9157

11720

from Russian Owners

6142

6438

6367

5902

8174

from Foreign Owners

1955

2850

2440

3255

3546

Comparative data about the Russian and foreign parties of the contracts registered from 2007 to 2010 is shown in Table 1.7.2.

Table 1.7.2

Belonging of Parties to Contracts to the Russian and Foreign Persons

Parties to Contract

Trademark Assignment Contract

License Contracts

2007

2008

2009

2010

2007

2008

2009

2010

the Parties are Russian Persons

3152

2642

2323

2701

4254

4023

3947

4753

the Parties are Foreign Persons

585

418

365

488

129

105

153

151

Transferor is a Russian Persons, Transferee is a Foreign Persons

305

375

244

267

46

28

29

52

Transferor is a Foreign Persons, Transferee is a Russian Persons

92

76

68

122

743

770

787

880

Comparative data on the number of the registered contracts and trademarks, in which relation contracts are registered, is shown in Table 1.7.3.

Table 1.7.3

Number of Registered Contracts And That of Trademarks In Respect of Which
the Contracts Were Registered

Type of contract

2008

2009

2010

Contracts

Trademarks

Contracts

Trademarks

Contracts

Trademarks

Trademark Assignment Contract,Total
Including:

3511

6767

3000

6121

3578

7426

from Russian Owners

3017

5222

2567

4888

2968

5939

from Foreign Owners

494

1545

433

1233

610

1487

License Contracts,Total
Including:

4926

8807

4916

9157

5836

11720

from Russian Owners

4051

6367

3976

5902

4805

8174

from Foreign Owners

875

2440

940

3255

1031

3546

Table 1.7.1 shows that in 2010 the total number of trademarks in relation to which the contracts on alienation of the exclusive rights in trademarks or license contracts are registered, has increased in comparison with 2009 (15278 trade marks in 2009 and 19146 trademarks in 2010).

3578 contracts on alienation of the exclusive rights in trademarks in relation to which result the exclusive rights were transferred concerning 7426 trademarks from which 5939 or 80% were trademarks of the Russian legal owners and, accordingly, 1487 or 20% — trademarks of foreign legal owners were registered in 2010.

The license contracts (total number — 5836 contracts) were registered in 2010 in relation to 11720 trademarks, thus the share of trademarks of the Russian legal owners makes 8174 or 70%, while the share of trademarks of foreign legal owners — 3546 or 30%, accordingly.

In 2010 the trend to increase in the number of trademarks, in relation to which the legal owners authorized the use, was continued (11720 or 61, 2% from the total of trademarks which were the subject of the contracts), in comparison with the number of trademarks in relation to which the exclusive rights were transferred on the basis of the contracts on alienation (7426 or 38,8% of the total number of trademarks which were the subject of contracts). Comparison with the data for 2009 (9157 or 59,9 % and 6121 or 40,1 %, accordingly) allows to assume that for the legal owners the more attractive kind of the income is a license, instead of trademark alienation.

Activity of the Russian legal owners in the field of registration of trademarks contracts has increased in comparison with 2009. Table 1.7.3 shows a share of trademarks in relation to which the contracts were registered in 2010, belonging to the Russian persons, amounts to 74% (14113 trademarks) against 70,6% (10790 trademarks) in 2009. Number of the registered contracts in 2010 related to trademarks of the Russian legal owners remains at level of 2009 and amounts to 82,6% (7773 contracts) from the total number of contracts (9414 contracts) (in 2009 — 82,6%).

The share of the registered contracts related to trademarks of foreign legal owners also did not increase and equaled to 17,4% from the total number of contracts (17,4% in 2009). Thus, the number of the contracts of foreign legal owners in 2010 has increased and was equal to 1641 contracts (in 2009 the said indicator has made 1373 contracts).

The analysis of the data on parity of the number of the registered contracts and number of the trademarks indicated in the contracts allows to notice that in 2010 the parity of the number of the registered contracts and number of trademarks as well as the contracts on alienation of the exclusive rights to trademarks and license contracts was equal to made 1:2, i.e. remains at level of previous years.

Since January 1, 2008 a set of the exclusive rights belonging to the legal owner under the contract of commercial concession shall include the right in trademark, and the contract of commercial concession is a subject to mandatory state registration in Rospatent. The analysis of the statistical data shows a stable growth of the contracts of commercial concession registered by Rospatent (including contracts of commercial sub-concession). 1169 contracts of commercial concession/sub-concession (24,4 increase % vs. 2009 (940 contracts)) were registered in 2010. Thus, the number of the registered contracts of commercial concession in 2009 is 81% more than in 2008 (519 contracts of commercial concession). Such growth of contracts of commercial concession from 2009 to 2010 testifies the increased efficiency of such activity of the enterprises which presumably will be promoted.

In 2010 the state the registration of the contracts on pledge /subsequent pledge of the exclusive right in trademarks was carried out in full scale. In 2010 Rospatent registered 62 contracts of pledge concerning 195 trademarks, the Russian legal owners (145 trade marks) was indicated in 60 contracts. For comparison it should be noted that only 16 contracts on pledge/subsequent pledge concerning trademarks were registered in 2009.

Along with registration of contracts on disposal of the exclusive rights in trademarks, Rospatent carries out registration of the changes in the registered contracts the exclusive rights in trademarks, as well as the cancellation thereof. Growth of the number of the registered changes is marked: 1155 registered changes in relation to 3953 trademarks in 2007, 1432 changes in relation to 5004 trademarks in 2008, 1606 changes in relation to 5743 trademarks in 2009 and 2039 changes in the relation to 5492 trademarks in 2010.

In 2010 888 cancellations of the registered contracts were registered. For comparison: in 2007 – 582 cancellations, in 2008 – 644, and in 2009 — 977 cancellations of the registered contracts.

In the reported year Rospatent has carried out the state registration of transfer of the exclusive rights to other persons without the conclusion of the contract with the legal owner on the basis established by the law, including an universal assignment (inheritance, reorganization of the legal entity) and the claiming of property of the legal owner, provided by Article 1241 of the Code. Procedure of such registration is necessary for the assignee of the exclusive rights in the patented objects according to requirements of paragraph 6, Article 1232 of the Code.

In 2010 Rospatent received 500 requests for registration of transfer of the exclusive rights without the contract concerning 1427 trademarks. Examination of 530 requests concerning 1331 trademarks was finished. The transfer of the exclusive rights to other person without the contract under 432 requests concerning 949 trademarks was registered. For comparison it should be noted that 377 transfers of the exclusive rights related to 528 trade marks to other persons were registered in 2009.

It is necessary to notice that in 156 requests foreign persons were indicated as the owner of the exclusive right and its assignee (344 trademarks) and in 276 requests — the Russian persons (605 trademarks).

1.8. Rendering State Services Related to Invalidation of the Legal Protection of the Results of Intellectual Activity and the Means of Individualization and Pre-Term Termination of Patents and Certificates After Consideration of Administrative Disputes Related to Legal Protection of the Results of Intellectual Activity and the Means of Individualization

The data of the Table 1.8.1 shows that in 2010 vs. 2009 the number of the filed appeals and requests as a whole has slightly increased (by 1,5%). The number of cases on trademarks has grown on 8%, and on inventions has decreased on 34,6% that may be explained by lack in 2010 of the appeals against decisions to consider the application as withdrawn by formal examination (125 similar cases of one applicant in 2009).

Table 1.8.1

The Number of Objections and Claims Filed with the Chamber of Patent Disputes on the Results
of Intellectual Activity and Means of Individualization

The Results of intellectual activity and means
of individualization

2006

2007

2008

2009

2010

Inventions

295

430

334

347

227

Utility models

119

167

106

140

139

Industrial designs

30

22

49

34

32

Trademarks

2097

2876

2392

1813

1968

Appellations of origin

7

1

2

Granting exclusive right for prior registered appellation of origin

4

1

Total:

2552

3497

2881

2334

2368

In 2010 the activity aimed at reduction of terms of consideration of appeals and requests at the introduction of new system of the payment motivating the examiners on execution of the raised volumes of work load, change of technology, exception of cases of an ungrounded procrastination of the office-work and other actions has been continued after incorporation of the Chamber of Patent Disputes into the FGU FIPS. As a result of this work the time limits between dates of receipt of appeals and carrying out of the sessions of the Chamber Board have been considerably reduced, as well as the general terms of legal proceedings. According to the results of the first quarter of 2010, the decision on inexpediency of the further reduction of the above terms and in this connection the planned targets of the Department of the Means of Individualization of the Chamber of Patent Disputes have been diminished. It resulted in reduction of the total number of the decisions in 2010 on appeals and requests in comparison with 2009, which is reflected in Table 1.8.2.

Table 1.8.2

The Number of Fillings with the Chamber of Patent Disputes and Rospatent’s Decisions Taken

Type of Filings

2007

2008

2009

2010

Filed

Decisions taken

Filed

Decisions taken

Filed

Decisions taken

Filed

Decisions taken

Appeals against the decisions of examination

1107

555

901

729

1001

1002

896

911

Appeals against granting legal protection

712

548

564

419

492

532

523

540

Claims

1678

903

1416

1159

841

1393

949

992

Applications not recognized as claims and appeals

662

404

378

1*

335

Claims and appeals recognized withdrawn

44

32

31

40

Total:

3497

2712

2881

2743

2334

3336

2369

2818

* Communications which are not related to any kind of the documents examined by the Chamber of Patent Disputes.

In 2010 the number of appeals to the Chamber of Patent Disputes which were not accepted for consideration in connection with non-observance of requirements to filing of appeals and requests was reduced to 3,4 %. Refusals in acceptance of the cases for consideration have been caused by absence or defects in documents confirming payment of patent fees, filing appeals or requests with infringement of the terms prescribed by the law, absence of the grounds for interest of the third parties, filed an appeal etc.

In 2010 at the request of the persons who have filed appeals, consideration of 40 cases was terminated, which exceeds the same indicator for 2009 (31 cases).

Table 1.8.3 shows distribution of the decisions accepted by Rospatent according to various kinds of results of intellectual activity and means of individualization. The said table indicates that the number of decisions accepted in 2010 on trademarks, as well as in the previous years, considerably exceeds the number of decisions accepted in relation to other objects. It is necessary to note a considerable growth of the number of the decisions taken on objections against legal protection granted to utility models (78 cases in 2009 and 109 cases in 2010).

Table 1.8.3

The Number of Decisions Taken by Rospatent as per the Types of Results
of Intellectual Activity and Means of Individualization

Types of the results of intellectual activity and means of individualization

Year

Decisions

Appeals Against the decisions of examination

Appeals Against Granting Legal Protection

On Requests

Inventions

2007

94

80

2008

204

59

2009

231

80

2010

139

75

Utility models

2007

11

89

2008

6

77

2009

4

78

2010

12

109

Industrial designs

2007

4

19

2008

4

13

2009

14

20

2010

11

21

Trademarks

2007

446

356

903

2008

515

270

1159

2009

753

354

1393

2010

749

335

992

Appellations of origin

2007

3

2008

2009

2010

Granting exclusive right for prior registered appellation of origin

2007

1

2008

2009

2010

The results of consideration of objections are presented in Table 1.8.4 depending on kinds of the results of intellectual activity and means of individualization. Following the results of 2010, 653 objections were satisfied and 716 – were not satisfied, the number of the satisfied objections, thus, amounted to 45% (in comparison with 2009 the said indicator has increased by 4,5%).

Table 1.8.4

The Results of Considerations of Objections

Types of the results of intellectual activity and means of individualization

Year

The Results of Considerations

Appeal Satisfied

Appeal Non-Satisfied

Inventions

2007

52

108

2008

142

117

2009

36

256

2010

54

205

Utility models

2007

32

63

2008

31

46

2009

32

44

2010

47

10

Industrial designs

2007

10

9

2008

8

8

2009

3

29

2010

16

13

Trademarks

2007

344

401

2008

361

363

2009

550

499

2010

536

488

Appellations of origin

2007

3

2008

2009

2010

Granting exclusive right for prior registered appellation of origin

2007

1

2008

2009

2010

Total:

2007

438

585

2008

542

534

2009

621

828

2010

653

716

According to the data in Table 1.8.5, 62% from the total number of the considered objections were the objections on decisions of Rospatent by results of examination, thus in 2010 by the results of consideration in the Chamber of Patent Disputes 51% of decisions of examination has been confirmed that on 5% less than in 2009.

Table 1.8.5

The Number of Decisions of the Results (of Considerations of Objections)

Type of Decision

2007

2008

2009

2010

Decision of examination on applications

Recognized as valid

302

315

560

452

changed

73

82

21

44

Outruled

163

318

416

397

Protection document

Recognized not valid totally

115

106

98

132

Recognized not valid partially

97

48

105

80

Recognized valid

273

204

249

264

Processing stopped

80

75

85

82

Total:

1103

1148

1534

1451

Table 1.8.6 shows that the considerable share of appeals filed and examined by the Chamber of Patent Disputes are appeals for the termination of the legal protection of trademarks for non-use. In 2010 691 appeals (70% the from total) concerning termination of legal protection of trademarks for non-use were satisfied in full or in part, 36 appeals were not satisfied, and examination of 265 appeals has been stopped.

Table 1.8.6

The Number of Considered Application on Trademarks
(as Distributed on the Types of Applications)

Type of Applications

Type of decisions

2007

2008

2009

2010

Appeal for non use of trademark

Satisfied partially

253

394

560

488

Satisfied totally

436

482

297

203

Non satisfied

38

35

22

36

Processing Stopped

157

246

514

265

Total:

903

1159

1393

992

In 2010 Rospatent carried out the administrative procedures on consideration of the appeals which under Part IV of the Code were filed directly to Rospatent. 9 appeals against granting of legal protection to trademarks were filed, which are motivated by the fact that the actions of the legal owner connected with the state registration of trademark, are recognized as an act of unfair competition and (or) abusing the right on the basis of decisions of the Federal Antimonopoly Service and its territorial divisions. Consideration of 5 appeals has been finished by acceptance of corresponding decisions. In particular, 3 appeals were satisfied and granting of legal protection to trademarks was recognized as not valid in full or in part. Satisfaction of 2 appeals has been refused for the reason that in a judicial ruling the decision of antimonopoly body has been nullified. On the rests 4 appeals the proceedings are not finished yet.

1.9. Interaction of Rospatent with the Federal Executive Authorities, Judicial and Other Bodies

According to paragraph 4 of the Statute of the Federal Service for Intellectual Property, Patents and Trademarks (Statute), adopted by the Resolution of the Government of the Russian Federation from June 16, 2004 № 299, Rospatent carries out the activity for interaction with the other federal executive authorities, authorities of the subjects of the Russian Federation, local governments, public associations and other organizations.

According to paragraph 5.18 of the Statute, Rospatent carries out information and methodical support of activity of the authorities which perform enforcement functions in sphere of a civil turnover of intellectual property rights.

Information and methodical support of activity of enforcement authorities, as well as the courts and the Office of Public Prosecutor are carried out on the basis of the agreements concluded by Rospatent.

In 2010 the Rospatent has concluded the following agreements on interaction with the federal executive authorities:

  • The agreement on long-term cooperation between Rospatent and the Ministry of Internal Affairs of the Russian Federation of January 19, 2010;
  • The cooperation agreement between Rospatent and the Federal Antimonopoly Service of April 9, 2010;
  • The agreement on interaction between the Federal Taxation Service and Rospatent of December 28, 2010

According to the Agreement on long-term cooperation between Rospatent and the Ministry of Internal Affairs of the Russian Federation of January 19, 2010, Rospatent and the Ministry of Internal Affairs have agreed with a view of effective implementation of the tasks, assigned by current legal acts, for providing information interaction in the sphere of protection and enforcement of the rights in the results of intellectual activity and means of individualization, to carry out cooperation and the information interchange in mutual interest, except for the information of the limited distribution, special access to which is established by the legislation of the Russian Federation.

On the basis of the said agreement, Rospatent has provided the Ministry of Internal Affairs of Russia with free access via Internet to Rospatent databases containing officially published data on protected at the territory of the Russian Federation of inventions, utility models, industrial designs (results of intellectual activity), trademarks, service marks and appellations of origin (means of individualization, with the possibility of carrying out of information search with a view of performance of the tasks assigned to the Ministry of Internal Affairs of the Russian Federation. Besides, Rospatent on request of the Ministry of Internal Affairs of the Russian Federation provides the results of preliminary estimation of degree of similarity of the signs used in a civil turnover with protected means of a individualization or industrial designs.

In turn, the Ministry of Internal Affairs of the Russian Federation on request of Rospatent provides the statistical data, concerning revealing and suppressions of the offenses provided by Articles 7.12, 14.10 of the Codes of the Russian Federation on Administrative Offenses and Articles 147, 180 of the Criminal Code of the Russian Federation, as well as explanations concerning application of the administrative and criminal legislation in the sphere of protection of inventive and patent rights.

Under the Cooperation agreement between Rospatent and the Federal Antimonopoly Service of April 9, 2010 Rospatent and the Federal Antimonopoly Service have agreed to carry out interaction and organization of joint actions with a view of effective performance of the tasks assigned to them by normative acts of the Russian Federation.

To execute the said agreement Rospatent provided for the Federal Antimonopoly Service and its territorial bodies free access via Internet to the databases containing officially published data about protected on territory of the Russian Federation of inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, with the possibility of carrying out of information search with a view of realization by the Federal Antimonopoly Service and its territorial bodies of functions in the established field of activity. Rospatent renders to the Federal Antimonopoly Service to Russia and its territorial bodies assistance in carrying out researches connected with the legal protection and enforcement of the means of individualization and the results of intellectual activity which are the objects of patent rights, including, on request of the Federal Antimonopoly Service and its territorial bodies, the results of estimation of degree of similarity of the signs used in a civil turnover with protected means of individualization or industrial designs.

Subject of the Agreement on interaction with the Federal Taxation Service from December 28, 2010 is the organization of interaction of Rospatent and the Federal Taxation Service in realization of the powers assigned to them.

Within the framework of the said agreement, Rospatent provided the Federal Taxation Service of Russia (at the federal, regional and local levels) with free access via Internet to Rospatent databases containing data about protected at the territory of the Russian Federation of inventions, utility models, industrial designs (results of intellectual activity), trademarks and service marks (means of individualization), and the possibility of carrying out of information searches of such results and such means, as well as the contracts of transfer of the rights to them for the purposes of revealing of information which is necessary for implementation of the taxation control.

In general, the conclusion of the said agreements will allow to improve the interaction between the federal authorities and will promote:

  • information interchange of mutual interest;
  • methodical assistance on the issues of interaction;
  • carrying out of joint measures with a view of effective performance of the tasks assigned to the federal authorities;
  • operative receiving of information by the federal authorities for use thereof with a view of repression of infringements of the Russian legislation in the field of legal protection of the results of intellectual activity and means of individualization, protection of competition and taxes collection.

In 2010 Rospatent considered in total 4722 requests of the federal executive authorities, courts and the Office of Public Prosecutor for various information. The corresponding data is presented in Table 1.9.1.

Table 1.9.1

Number of Requests Received from Federal Executive Authorities,
Courts and Other Bodies

State Authorities

Number of Requests

2008

2009

2010

Government of the Russian Federation

17

28

29

Ministry of Education and Science of the Russian Federation

15

16

31

Ministry of Foreign Affairs of the Russian Federation

1

Ministry of Justice of the Russian Federation

3

2

8

Ministry of Finance of the Russian Federation

1

1

Ministry of Agriculture of the Russian Federation

1

1

Ministry of Culture of the Russian Federation

1

2

4

Ministry of Defense of the Russian Federation

1

2

3

Ministry of Industry and Trade of the Russian Federation

1

1

Ministry of Economic Development of the Russian Federation

5

7

5

Federal Agency for Management of the State Property

2

Federal Agency for Supervision in Education and Sciences

4

2

Federal Service for Supervision in the Sphere of Protection of the Rights of Consumers

5

5

4

Federal Service for Regulation of Alcohol Market

1

4

Ministry of Internal Affairs of the Russian Federation

266

432

482

Federal Security Service

3

5

4

Federal Antimonopoly Service of the Russian Federation

59

134

140

Federal Customs Service of the Russian Federation

926

712

258

Federal Taxation Service of the Russian Federation

136

268

189

Federal Agency of Court Enforcement Officers

2486

3240

3459

Courts

96

132

55

Office of the General Prosecutor

32

88

45

The main subject matters of the requests are as follows:

  • information concerning the registered intellectual property rights;
  • information concerning injunctions to intellectual property rights;
  • data concerning intellectual property rights, data and documents on the allocation of the rights in the objects of intellectual property, in particular:
  • inquiries for the results of the research of degree of similarity between the unregistered signs used for marking the goods, and trademarks, uniformity of the goods, use in any object of the features of protected invention, utility model, industrial design;
  • information on registration of industrial property rights, volume of protection, number and date of granting of protection titles, term of its validity, legal owners, their representatives, as well as registration of the contracts for transfer of the exclusive rights to the object of industrial property.

Within the framework of execution of the state functions on information and methodical support of the federal executive authorities, Rospatent carries out interaction with the regions of the Russian Federation which basic elements are comments and promotion of the public awareness of patent legislation, legislations on trademarks and other intellectual property rights, as well as training of examiners in the field of substantive provisions of the law related to protection and use of industrial property rights.

As far as information and methodical support of activity of authorities the trend of 2009 to increasing of the requests from the Ministry of Internal Affairs of the Russian Federation, the Federal Agency of Court Enforcement Officers has remained in 2010.

The number of requests from the Ministry of Internal Affairs in 2010 (482 requests) in 1, 12 times has exceeded the number of the requests filed in 2009 (432 requests).

The number of the requests from the Federal Agency of Court Enforcement Officers in 2010 (3459 requests) in 1,07 times has exceeded the number of the requests filed in 2009 (3240 requests).

In 2010 the number of requests from the Federal Agency of Court Enforcement Officers has considerably decreased, that testifies on effective use of the information resources provider for by Rospatent on the basis of the Agreement on interaction concluded with the Federal Agency of Court Enforcement Officers of the Russian Federation.

Interaction of Rospatent and FGU FIPS with the judicial bodies was carried out by the Department of Judicial Representation which continued to take part in disputes resolution in arbitration courts and courts of law, as well as to carry out the control over appropriate execution of the judicial acts and the measures imposed on various intellectual property rights.

The department of judicial representation regularly carried out analysis and judiciary practice generalization, research of the analytical materials, concerning application of the right in the field of protection of the results of intellectual activity and the means of individualization.

In 2010 the above Department have taken part more than in 1480 judicial sessions in the courts of Moscow. During this period the courts of various instances taken out more than 600 judicial acts which have finished substantive legal proceeding.

The results of consideration in 2010 the cases by the arbitration courts and courts of law of actions involving Rospatent shown in Table 1.9.2.

Table 1.9.2

The Results of Consideration of Cases Involving Rospatent and its Subordinates
by Arbitration Courts and Courts of General Jurisdiction in 2010

Types of IP objects

Results of court hearings in Moscow

Total number of court decisions

Arbitration courts

Courts of first instance

Rejected

Satisfied

Rejected

Satisfied

Trademarks

420

45

465

Appellations of origin

4

4

Inventions, Industrial designs, Utility models,

63

19

51

3

136

Computer Programs

2

2

Total:

487

66*

51

3

607

* including 27 cases concerning disputes on validity of contracts and 14 cases related to non-use caused by new documents submitted to the court.

The data of Table 1.9.2 shows that the courts refuse in satisfaction of the claim in majority of the appeals against decisions (actions) of Rospatent and FGU FIPS (538 actions of proceeding) that, in turn, testifies on validity of the decisions (actions) of Rospatent and FGU FIPS and high quality of examination.

Besides, from the cases on which the claim of applicants have been satisfied (69 cases), a considerable part of the cases involving Rospatent and FGU FIPS, i.e. cases in relation to which the legitimacy of decisions (actions) of Rospatent (for example, disputes concerning the inventor/patent owner of invention, utility model, industrial design, disputes on a recognition the contracts concerning the objects of patent rights as void, etc.).

The appeals by results of which consideration by courts made decisions on satisfaction of claim of applicants and recognition of decisions of Rospatent as void, have been sent by the Director General of Rospatent for re-consideration.

In comparison with 2009 in 2010 the number of disputes in regional and other courts, as shown by the data concerning the results of consideration of the cases involving Rospatent and FGU FIPS (see Table 1.9.3) has increased.

Table 1.9.3

The Results of Consideration of Cases by Regional and Other Courts
Involving Rospatent in 2010

Types of IP objects

The results of consideration of the cases outside Moscow

Total number of court decisions

Rejected

Satisfied

Trademarks

525

6

531

Appellations of origin

Inventions, Industrial designs, Utility models

157

21

178

Computer Programs

1

1

Total:

683

27

710

In 2010 the courts of various instances has taken more than seven hundred judicial actions which were finished the substantive legal proceeding, including 55 cases concerning contest of actions of Rospatent and 20 cases — decisions of Rospatent and the Chamber of Patent Disputes.

The Department of Judicial Representation participated in 2010 in discussion of the draft of the Federal law “On amendments to certain acts of the Russian Federation in connection with creation of Court on intellectual rights in the system of arbitration courts» and Federal law “On amendments to the federal law “On judicial system of the Russian Federation” and “On arbitration courts in the Russian Federation” in the Supreme Arbitration Court of the Russian Federation.

1.10. Cooperation with the Regions of the Russian Federation

During 2010 Rospatent and FGU FIPS continued the implementation of the regional policy in the field of intellectual property. Upon the results of the year within the framework of the interaction with the regions of the Russian Federation Agreements on Cooperation with the Governments of the Kirov Region and Stavropol Territory, Administration of the Tomsk Region have been concluded, Agreement with the Government of the Sverdlovsk region has been re-concluded.

FGU FIPS has concluded Contracts on cooperation with the GOU VPO “Vyatska State University”, FGU “Krasnoyarsk Center for Standardization, Metrology and Certification”, GOU VPO “National Research Tomsk Polytechnic University”, and also re-concluded the Contract on cooperation with the South-Urals Chamber of Trade and Industry.

During 2010 FGU FIPS continued interaction with the Autonomous Establishment of the Astrakhan Region “Multifunctional Center” (MFC) in compliance with the Contract on interaction in the receipt of application documents for the results of intellectual activities and the equated means of individualization, and also the documents attached to the mentioned applications. An Agreement on the electronic exchange of documents in respect of applications for registration of trademarks was concluded. MFC by-turn has conducted a number of actions necessary for the implementation of the electronic exchange of documents related to the applications for the registration of trademarks.

An Additional agreement on joint participation in the organization of the work of the FGU FIPS Saint-Petersburg body performing the functions of receipt and registration of industrial property applications was concluded with the Institute of Business and Law of the GOU VPO “Saint-Petersburg State University of Information Technology, Mechanics and Optics”.

Rospatent currently has Agreements on cooperation with 23 Administrations (Governments) of the Russian regions, and FGU FIPS on the basis of the Contracts concluded cooperates with 51 regional organizations from 37 Russian regions. (Table 1.10.1 and fig.1).

Table 1.10.1

Cooperation of Rospatent with the Regions of the Russian Federation

Federal District

Regions Concluded Cooperation Agreements with Rospatent

Regional Focal Points Concluded Cooperation Treaties with FIPS

Central

Yaroslavl Science and Technology Center

Tver

Tver regional universal scientific library named after A.M. Gorky

Tula

Tula regional universal scientific library

Kaluga

Kaluga Science and Technology Center

Orel

Orel state technology university

Belgorod state university

Belgorod regional universal scientific library

Ryazan Science and Technology Center

Voronezh Science and Technology Center

Northwestern

St. Peterburg

St. Petersburg Science and Technology Center

Institute of international business and low of Saint-Petersburg State University of information Technologies, Mechanics and Optics

Arkhangelsk

Arkhangelsk regional scientific library named after N. A. Dobrolyubov

Kaliningrad

Kaliningrad state technology university

Southern

Volgograd

Volgograd Science and Technology Center

Volgograd chamber of commerce and industry

Astrakhan

Astrakhan regional scientific library named after N.К. Кrupskaya;

Astrakhan state medical academy

State university of tourism and recreation of Sochi;

Sochi city council of the society of inventors

Kuban state technology university

Krasnodar Science and Technology Center

North Caucasian

Stavropol

Volga

Plenipotentiary Representative of Russian President in By-Volga Federal district

Republic of Tatarstan

Tatarstan Science and Technology Center

Republic of Bashkortostan

Bashtechimform

Nizhegorod region

Nizhegorod Science and Technology Center

Ulianovsk

Ulianovsk state technology university

Kirov

Vyatka state university

Chuvashia

Chuvashiya Science and Technology Center;

National library of Chuvashiya

Samara regional universal scientific library

Perm Science and Technology Center

Togliatti institute of technical creativity and patents

Saratov state university named after N.G. Chernishevsky

Izhevsk state technology university (Udmurd Republic)

Mordovia

Mordovia center of intellectual property

Urals

Sverdlovsk

Ural house of science and technology;

Non-commercial partnership of patent attorneys “Novation”

Ural state technology university

Ural state law academy

Tumen Regional Counsil of the society of inventors

Kurgan

Kurgan regional universal scientific library named after А.К. Yugov

South-Ural chamber of commerce

Uralpatent

Siberian

Novosibirsk

Science and Technology Library

Omsk state technology university

Kemerovo Science and Technology Center

Krasnoyarsk Science and Technology Center

Krasnoyarsk CSM

Irkutsk state railway university

Tomsk

National research Tomsk Polytechnic university

Altai

Far Eastern

Khabarovsk

Khabarovsk Science and Technology Center

Far East agency of assistance to innovations

Total:

23

51

russia.ai

Fig.1. FGU FIPS Cooperation Coverage

1 – Altay territory**; 2 – Arkhangelsk region*; 3 – Astrakhan region*; 4 – Republic of Bashkortostan*; 5 – Belgorod region; 6 – Voronezh region; 7 – Volgograd region*; 8 – Irkutsk region; 9 – Kaliningrad region*; 10 – Kaluga region*; 11 – Kemerovo region; 12 – Kirovsk region*; 13 – Krasnoyarsk territory; 14 – Krasnodar territory; 15 – Kurgan region*; 16 – Republic of Mordovia*; 17 – Nizhny Novgorod region*; 18 – Novosibirsk region*; 19 – Omsk region; 20 – Orel region; 21 – Perm territory; 22 – Ryazan region; 23 – Samara region; 24 – СанктSaint-Petersburg*; 25 – Saratov region; 26 – Sverdlovsk region*; 27 – Stavropol territory**; 28 – Republic of Tatarstan*; 29 – Tver region*; 30 – Tomsk region*; 31 – Tula region*; 32 – Tyumen region; 33 – Republic of Udmurtia; 34 – Ulyanovsk region*; 35 – Khabarovsk territory*; 36 – Chelyabinsk region; 37 – Chuvash Republic*; 38 – Yaroslavl region.

* Agreement on Cooperation and Contract with a Focal Organization

** Agreement on Cooperation only

In 2010 FGU FIPS has provided the possibility of free access to full-text databases of the descriptions of national inventions and utility models to 18 organizations.

In total, within the framework of implementation of the Program of information support of the regions, free access to the mentioned databases through the FGU FIPS Internet site is granted to 185 organizations (including 56 higher education institutions and 10 libraries) in 8 federal districts of the Russian Federation. Access was granted to 49 regional focal organizations (FO), 8 scientific cities, 41 State scientific center (SCC) and 35 Scientific centers of the Russian Academy of Sciences (RAN SC), 41 organization within the implementation of the FCP “Development of the Infrastructure of Nano-Industry in the Russian Federation in 2008-2010” and 11 other organizations.

Table 1.10.2 indicates the distribution of the organizations that received the free access to the FGU FIPS full-text databases of descriptions of national inventions and utility models by respective categories by federal districts.

Table 1.10.2

Distribution of Organizations Having Free Access to FGU FIPS Full Text Databases
in National Inventions and Utility Models

Federal Districts

Related Organizations

Science Towns

State Science Centers

Science Centers of the Russian Academy of Science

Federal program

Others

A Total of Institutions

Central

9

7

29

11

15

2

73

Northwestern

3

10

4

3

2

22

Southern

8

1

3

1

13

North Caucasian

3

3

Volga

15

1

6

8

4

34

Urals

7

3

2

12

Siberian

5

1

6

5

1

18

Far Eastern

2

5

2

1

10

Total:

49

8

41

35

41

11

185

Rospatent has organized and conducted 40 conferences, seminars and roundtables in 14 regions of the Russian Federation in 2010:

  • February 3 — International Seminar on the issues related to the Patent Cooperation Treaty (PCT) and the PCT PPH interaction (ANO “Far-East Agency of Innovation Promotion”, Khabarovsk);
  • March 15 — roundtable “Patent Prosecution Highway (PPH)” (Rospatent, Moscow);
  • March 23–24 — Scientific and practical conference for the specialists of the Central federal district of the Russian Federation “Protection of intellectual property under Part IV of the Civil Code of the Russian Federation and the Administrative regulations” (GUK “Tver regional universal scientific library named after A.M. Gorky”, Tver);
  • March 31 — Scientific and practical conference and roundtable “Legal protection of intellectual property rights under Part IV of the Civil Code of the Russian Federation and the Administrative regulations” (KVC “Sokolniki”, Moscow);
  • April 13–14 — VIII Scientific and practical conference “Outstanding issues of intellectual property protection” (GOU DPO “Nizhniy Novgorod Information Center”, Nizhniy Novgorod);
  • April 13–14 — roundtable “Innovative development of economy, role and place of intellectual property” (Ministry of basic and professional education of the Sverdlovsk region, Yekaterinburg);
  • April 20–23 — sections of the III All-Russian Forum “Intellectual Property — XXI Century” (Russian Chamber of Commerce and Industry, Moscow);
  • April 28 — events devoted to the World Intellectual Property Day (Chuvash Republican public VOIR organization, Cheboksary);
  • May 17 — joint Rospatent — the USPTO international seminar “Intellectual property protection in Russia and US” (Rospatent, Moscow);
  • May 19 — joint Rospatent — the USPTO international regional seminar for the specialists of the Siberian federal district of the Russian Federation “Intellectual property protection in Russia and US” (GPNTB SO RAS, Novosibirsk);
  • May 21 — joint Rospatent — the USPTO international regional seminar for the specialists of the Volga federal district of the Russian Federation “Intellectual property protection in Russia and US” (RNTIK “Bashtechinform AN RB, Ufa”);
  • June 1–2 — joint Rospatent — WIPO seminar on the issues of the Madrid System of International Registration of Marks (Institute of Business and Law of the GOU VPO “Saint-Petersburg State University of Information Technology, Mechanics and Optics”, Saint-Petersburg);
  • June 3–4 — joint Rospatent — WIPO seminar on the issues of the Madrid System of International Registration of Marks (Volgograd Chamber of Commerce and Industry, Volgograd);
  • June 23–24 — roundtable within the events devoted to the 90th anniversary of the creation of Chuvashia as a subject of the RSFSR (Government of the Chuvash Republic, Cheboksary);
  • June 23–24 — Medicines related consultations (GOU VPO “Astrakhan State Medical Academy”, Astrakhan);
  • June 24–25 — 12th annual Scientific and practical conference “Petersburg collegial readings 2010” (Regional public organization “Saint-
    Petersburg chamber of patent attorneys”, Saint-Petersburg);
  • September 7–9 — conferences, seminars and roundtables within the X Moscow international salon of innovations and investment “Innovations and investment: status and perspectives”, (Russian Chamber on Industry and Trade, Moscow);
  • September 15 — seminar “Practice of dispute settlement in the field of intellectual property licensing” (ROO “Licensing society” (LES Russia), Moscow);
  • September 22 — Regional Scientific and practical conference for the specialists of the Far-East federal district of the Russian Federation “Protection of intellectual property under the provisions of Part IV of the Civil Code of the Russian Federation and the Administrative regulations” (ANO “Far-East Agency of Innovation Promotion”, Khabarovsk);
  • September 29 — roundtable “Intellectual property as a factor of innovation development of Russia” within the III Petersburg international innovation forum (LENEXPO, Saint-Petersburg);
  • September 30 — International scientific and practical conference “Training in the field of intellectual property for the innovation system of the Russian Federation” within the III Petersburg international innovation forum (Institute of Business and Law of the GOU VPO “Saint-Petersburg State University of Information Technology, Mechanics and Optics”, Saint-Petersburg);
  • October 18–22 — seminar “Property rights in the results of scientific and technical activities: theory and practice of enforcement” (Center for innovative programs “Mobile school of Rosatom” NIYaU, Sarov);
  • October 19–20 — seminar “Ensuring legal protection of the results of intellectual activities as a necessary prerequisite of their commercialization on the market of information and telecommunication technologies”, (AIS “EGIDA”, Saint-Petersburg);
  • October 22 — All-Russian convention “Professional Russia 2010” (Academy of State Service under the President of the Russian Federation, Regional public organization “Center for Socio-Economic Strategies”, Moscow);
  • October 26 — All-Russian meeting-seminar on the issues of appellations of origin of goods within the agricultural exposition of Siberia “Altay Niva 2010” (Administration of the Altay territory, Barnaul);
  • October 28 — roundtable “Development of innovation infrastructure in Russia” within the II All-Russian congress “Economic and Legal regulation of innovative activities 2010” (OOO “ASERGRUPP”, Moscow);
  • November 1–3 — III International Nano-Technology Forum (CVK “Expocenter”, GK “Rosnanotech”, Moscow);
  • November 10 — Regional scientific and practical conference for the specialists of the Southern federal district of the Russian Federation “Legal protection of the results of intellectual activities in industry and nano-industry” (GOU VPO “Kuban State Technological University”, Krasnodar);
  • November 25 — conference “Brand day 2010: Customs Union — new growth possibilities” (NP “Community of producers of trademarks “RusBrand”, Moscow);
  • November 30 — December 1 — joint Rospatent-WIPO symposium “Access to patent information and the strategy of its use in the promotion of innovations” (Rospatent, Moscow);
  • December 2 — Scientific and practical conference on the issues of protection and enforcement of intellectual property at enterprises at the current stage (Ministry of industry and trade of the Republic of Tatarstan, Kazan);
  • December 8 — seminar and roundtable on trademarks within the 2nd International intellectual property forum “Expopriority — 2010” (ZAO “Expocenter”, Moscow);
  • December 8–10 — XI International scientific and practical conference “Nanotechnology in industry”(Ministry of industry and trade of the Republic of Tatarstan, Kazan).

1.11. Statistics of Resorts of Citizens and Legal Entities, Considered by Rospatent and its Subordinate Organizations in 2010

During 2010 Rospatent and its subordinate organization FGU FIPS have considered 1980 resorts (145 of them received by e-mail) from citizens (1260) and legal entities (720).

The central body of Rospatent received 1248 resorts (774 resorts addressed to Rospatent, others received for consideration from state authorities, ministries and the Civic Chamber of the Russian Federation), which is 13% less than the figure for 2009. Out of the overall number of resorts 222 were considered by the central body of Rospatent, which also is significantly lower than in 2009 (by 11%). The rest 1026 resorts were transmitted for consideration by the FGU FIPS.

Table 1.11.1 contains data on the distribution of the received resorts by the addressees and the geography of the resorts.

Table 1.11.1

Data on distribution of requests received by Rospatent and its subsidiaries
on addresses and geography of submitted requests

Appeals Addressed:

Number of Appeals

to Rospatent

774

to Other State Bodies

469

to Russian Public Chamber

5

to Subordinate Bodies of Rospatent

732

Appeals Received:

Number of Appeals

from the Russian Federation

1878

from CIS Countries

90

from Other Countries

12

The 2006–2009 increase in the number of resorts received was replaced by a slight decrease (around 15% as compared to 2009). The most significant decrease of the flow of resorts is attributable to the Central, By-Volga, North-West and Southern districts (the latter was divided in 2010 into 2 districts – the Southern and the North Caucasian). The resorts from the mentioned districts sum up to 85% of the overall number of resorts from the Russian Federation.

The resorts from the citizens as usual overwhelm – i.e. 64% from the total number of resorts.

Table 1.11.2 shows the distribution of resorts received by Rospatent and its subordinate bodies from the Russian Federation by Federal Districts.

Table 1.11.2

The requests received by Rospatent and its subsidiaries from Federal Districts

Federal district

Number of Appeals Received from Federal District

Central

953

Volga

285

Northwest

192

South

149

Siberia

139

Ural

75

Far East

51

North Caucasian

34

Table 1.11.3 contains data on the number of resorts received by Rospatent and subordinate organizations by generalized categories for the period of 2006–2010.

Table 1.11.3

Data on the Number of Appeals Received by Rospatent and its Subordinate Bodies
in 2006–2010 and Grouped

Groups in Which the Problems Raised in Appeals and Addresses are Classified

The Amount of Appeals and Addresses

2006

2007

2008

2009

2010

Patent Examination (Time Limits, Procedure, Examination Results, Office Work)

579

621

855

808

779

Assistance to Inventors

207

307

346

377

341

Protective Titles (Registration, Renewal and Restoration, Amendments, etc)

157

182

185

196

131

Legal Issues

129

200

270

300

276

Payment of Patent Fees

93

108

80

150

77

Patent Information Services

83

165

223

237

180

Contracts (Registration, Disputes Between the Parties)

61

54

78

63

81

Publication (Time Limits, Errors)

21

43

29

25

22

Registration of Discoveries

16

38

31

35

16

Training, Improvement of Professional Skills, Activity in Regard to Patent Attorneys, Issues of International Cooperation

7

15

37

68

40

Personnel Issues and Work of Patent Attorneys

4

5

9

9

11

Other (basically unrelated to the competence of Rospatent and its subordinate organizations)

93

62

37

52

26

Total:

1450

1800

2180

2320

1980

A certain decrease of the 2010 number of resorts as compared to 2009 is attributable mainly to the resorts concerning the payment of fees, protective titles and patent information services. It can be explained by the fact that Rospatent’s website contains information covering the issues of the validity of protective titles, payment of fees and tariffs for patent information services.

In the reported year, as well as in 2009 the most numerous (more than 94% of the overall number of resorts) are 7 groups of resorts related to:

  • examination of applications for industrial property (workflow, decrease of the pendency of examination, results of examination, etc.);
  • assistance to the inventors (assistance in drafting and filing the applications, assistance in the implementation and utilization of industrial property, allocation of funds for new developments, proposals on the improvement of innovative activities, etc.);
  • legal issues (interpretation of patent law provisions, protection of rights in the industrial property objects, issues related to inheritance, proposals on the amendment of the patent and copyright legislation, etc.);
  • patent information services (information on the authors, patent holders, on the existence of registration, requests for copies of the file of the application, patent documents, conduction of information search, etc.);
  • protective titles (registration, extension and restoration, amendment, etc.);
  • contracts (registration, duration);
  • payment of fees (procedure for payment of fees and their amount, benefits and grace period, offset of fees, etc.).

Amid the overall reduction of the number of resorts in the reported year as compared to the 2009, every group also shows a reduction, and the main significant one relates to the payment of fees. At the same time there has been a certain increase of the number of resorts related to the registration of contracts.

The biggest part of the considered resorts is the applications — 71%, the rest is attributable to proposals — 2% and complaints — 27%.

4 people attended the personal meetings in respect of issues related to the activities of Rospatent.

The consultancy service curated by the head of the Quality Service provides consultancy (including by phone) related to the field of legal protection of the results of intellectual activities. 2010 marks a slight decrease of oral resorts to the consultancy service (approximately 7%) as compared to the 2009. It can be related to the possibility of obtaining information on the issues of drafting, consideration and filing applications for intellectual property objects, payment of fees, and other reference information concerning the interaction with the patent service at the websites of Rospatent and FGU FIPS.

The consideration of a significant part of resorts (around 29% of the overall number of resorts) was commissioned to the Quality Service. That includes around 64% of complaints.

46 complaints on the actions of the Rospatent’s employees received in 2010 were considered relevant (RC).

The received complaint led to the respective checks of the relevancy of the motivation of the dissatisfaction, claims of the breach of legal rights and interests of the complainers.

Of the overall number of complaints on the actions related to the examination of applications for industrial property objects (more than 11800 of applications were examined) 33 complaints were found relevant, i.e. 1 RC for about 3580 examined applications. Where:

  • 14 RC are attributable to the registration of trademarks (more than 53000 applications examined), i.e. 1 RC for about 3800 examined applications;
  • in respect of patent grant:
  • inventions — 9 RC (more than 40000 applications examined), i.e. 1 RC for about 4450 examined applications;
  • utility models — 10 RC (more than 11000 application examined), i.e. 1 RC for about 1100 examined applications.

Complaints on the actions related to the examination of applications for intellectual property objects mainly have a subjective character (mistakes of the examiners). The RCs are mainly attributable to the failure to observe the set procedures and rules of examination of applications and as a consequence the breach of the time limits for the examination.

The actions related to the registration of contracts (more than 12000 contracts on the alienation of exclusive rights in inventions, utility models, industrial designs and trademarks and grant of rights to use them were considered) resulted in RC, i.e. 1 RC for about 6000 considered contracts.

The actions related to the protective titles (consideration of request for pre-term termination of the legal protection of trademarks, amendments to a published patent) resulted in 2 RCs.

Complaints on the actions related to the registration of contracts and protective titles are also mainly due to the failure to observe the procedure of registration of contracts set by the normative and legal acts and also due to technical errors.

The rest relevant complaints were concerning the actions related to consideration of oppositions and appeals by the Chamber of patent disputes, timeframes of the transfer of materials of the application for publication, technical errors in the preparation of application files for scanning, provision of patent information services for the application for an international registration, payment of fees, lack of observance of timing of posting the information on the website and a technical error in the publication of information in the “Open Registers” at Rospatent’ website.

A number of RCs (7 out of 46) was reasoned by objective reasons, including:

  • collision of the norms concerning the timeframes for sending the response to a request and the decision of withdrawal due to the lack of the requested documents in the response of the applicant (the time limit for response to the correspondence received from the applicant in response to the request of additional materials was not observed);
  • extraordinary situation: the request of services for filing and application for international registration was received before the decision on the acceptance of the application for examination upon the results of the formal examination was taken. The requested service according to the documents of the office can be provided only in respect of an application that has passed the formal examination (the time limit for consideration of request was not observed, the contract was concluded after the conduction of the formal examination);
  • faults and malfunctioning of software (untimely posting of information and mistakes in posting on the website, untimely recording of fees, which led to the delay of the publication of information on the grant of a patent);
  • withdrawal of applications due to irregular drafting of initial materials and the methodological disagreements in the interpretation of the sufficiency of disclosure of the features of the invention.

In cases where facts of breach of rights and legal interests of citizens were found (about 2,3% of the total number of resorts) the persons responsible for the infringements have been subject to organizational and other adequate measures aimed at the elimination of subjective and objective reasons for the complaints and the prevention of similar infringements in the future.



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