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Annual report of Rospatent 2010 (Section 2)

 
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In 2010 the checking of organizations-parties to the state contracts in the area of legal protection and utilization of R&D results received at the expense of the federal budget was carried out in accordance with the Government Decree of November 18, 2006 № 696 “On supervision in the area of legal protection and utilization of the results of R&D of civil designation received at the expense of the federal budget” taking into account the changes on frequency of checking, that were approved by the Government Decree of April 21, 2010 № 268 “On amending and repeal of certain acts of the Government of the Russian Federation on issues of state control (supervision)”.

In the reported year the work on improvement of methods for preparation and conduction of control when exercising state function of supervision in the area of legal protection and utilization of R&D results of civil designation, received at the expense of the federal budget, was carried out.

A new Program of checking and Content of questions for the checking of organizations’ activity in the area of legal protection and utilization of R&D results received at the expense of the federal budget were developed and approved by the Order of Rospatent’s of March 25, 2010 №34 were published on Rospatent web-site.

In the framework of fulfillment of instructions of the Government of the Russian Federation in the reported year the work on enhancement of the state control (supervision) system was carried out.

The amendments to the Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on supervision in the area of legal protection and utilization of the results of R&D realized at the expense of the federal budget developed by Rospatent were approved by the Order of the Ministry of Education and Science of the Russian Federation of October 20, 2010 № 1049 (registered by the Ministry of Justice of the Russian Federation of November 22, 2010 № 19002). The amendments align the Administrative regulation with the Federal Law of December 26, 2008 № 294-FZ “On protecting the rights of legal entities and entrepreneurs when exercising State control (supervision) and municipal control”.

The Order of Rospatent of November 26, 2010 № 147 “On organization of work on the accreditation of individuals and organizations involved by the Federal Service for Intellectual Property, Patents and Trademarks as experts, expert organizations to carry out supervising activities”, agreed with the Ministry of Education and Science of the Russian Federation, was registered by the Ministry of Justice of the Russian Federation on January 20, 2011 № 19545. It was issued in accordance with the Decree of Government of the Russian Federation of August 20, 2009 № 689 “On approval of Rules for accreditation of individuals and organizations involved by the authorities of state control (supervision), and the authorities of municipal control to carry out supervising activities”.

Annual checking plan for 2011 was agreed with the Office of Prosecutor General of the Russian Federation, and the dates of checking – with 48 federal executive authorities and their territorial sub-divisions.

In 2010 when exercising state function of supervision in the area of legal protection and utilization of R&D results of civil designation, received at the expense of the federal budget, Rospatent checked 30 organizations-parties to the state contracts to fulfill R&D in six federal districts of the Russian Federation (Table 2.1)

Table 2.1

Distribution of the Checked Organizations by Federal Districts of the Russian Federation

Federal District

City

Number of Checked Organizations

Share of the Total Number of Checked Organizations

Central District

Moscow

13

43,3%

Siberian District

Tomsk, Novosibirsk

5

16,7%

By-Volga District

Nizhniy Novgorod, Kazan

4

13,3%

North-West District

Saint-Petersburg

4

13,3%

Ural District

Chelyabinsk

2

6,7%

South District

Rostov-on-Don

2

6,7%

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The checked organizations included 10 Russian Academy of Science institutions, 8 State Educational Institutions of Higher Professional Training, 5 commercial companies, 4 federal state unitary enterprises, 1 association, 1 federal state institution, Russian Research Center and 1 Russian Academy of Medical Science institution (Chart 1).

Chart 1

Distribution of the checked Organizations-Executors According to Legal Type of Organizations

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Totally in 2010 312 state contracts were checked, the customers to which were the Ministry of Education and Science of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, Rosatom, Foundation for the Promotion of the Development of Small Forms of Enterprises in the Scientific and Technical Sphere and Federal Agency for Technical Regulation and Metrology (Сhart 2).

Chart 2

Number of the Checked State Contracts According to the Contracting Authority

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Ministry of Educatoin and Science of the Russian Federation
Ministry of Industry and Trade of the Russian Federation
State Atomic Energy Corporation “Rosatom”
Foundation for the Promotion of the Development of Small Forms of Enterprises in the Scientific and Technical Sphere
Federal Agency for Technique Regulation and Metrology

The amount of financing of 312 checked state contracts is more than 19 bln Rubles (at the expense of the federal budget – 13 bln 70 mln 27 thousand rubles, at the expense of the non-budget funds – 5 bln 965 mln 348 thousand rubles).

The analysis of the checked contracts demonstrated that in 184 state contracts (60% of total checked contracts) the specific amount and form of legal protection of the results received were defined by the terms of performance specification.

Within fulfillment of state contracts 87 patents for inventions, 50 patents for utility models and 62 certificates for computer programs were granted, and 97 patents applications for inventions, 4 patent applications for utility models, 6 applications for registration of computer programs were filed. With regard to 81 results the commercial secret regime was established.

Thus, the legal protection was granted to 387 results of intellectual activity (Chart 3).

Chart 3

Number of the Results of Intellectual Activity Granted the Legal Protection

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Ministry of Educatoin and Science of the Russian Federation
Ministry of Industry and Trade of the Russian Federation
State Atomic Energy Corporation “Rosatom”
Foundation for the Promotion of the Development of Small Forms of Enterprises in the Scientific and Technical Sphere
Federal Agency for Technique Regulation and Metrology

As a result of the checking in 2010, violations of the law requirements in the area of legal protection and utilization of R&D results and of provisions of concluded state contracts were revealed, namely:

1. Violations of submitting to contracting authority the information for state accounting of received results of intellectual activity were revealed in 23 checked organizations (in 83 state contracts).

(The norm of paragraph 4 “Statute on state accounting of R&D results of civil designation, received at the expense of federal budget” (approved by the Decree of the Government of the Russian Federation of May 4, 2005 №284) was violated in respect of submitting to contracting authority the information for state accounting of results of intel-lectual activity, received within fulfillment of state contracts.)

2. Violations of conditions of state contracts in respect of allocation (fixation) of rights in received results were revealed in 17 checked organizations (in 37 state contracts regarding 82 results of intellectual activity).

(The norm of paragraph 1 Article 1373 of the Civil Code of the Russian Federation was violated in respect of fixation of rights in created results of intellectual activity.)

3. Violations in respect of ensuring legal protection for received results (in accordance with the performance specification) were revealed in 13 organizations (in 19 state contracts), of which:

  • in 11 organizations in the course of fulfillment of 15 state contracts the absence of legal protection for created results of intellectual activity was ascertained;
  • in 3 organizations in 4 checked state contracts the disconformity of amount of legal protection for results of intellectual activity to the conditions formulated in the performance specification was revealed.

( The norm of Article 773 of the Civil Code of the Russian Federation was revealed in respect of fulfillment of work by executor in accordance with the performance specification agreed with the contracting authority.)

4. Violations in respect of patent research were revealed in 10 organizations in 18 state contracts.

(The norm of Article 773 of the Civil Code of the Russian Federation was revealed in respect of fulfillment of work by executor in accordance with the performance specification agreed with the contracting authority.)

While checking in 4 organizations the violations of state contracts conditions in respect of notification of contracting authority by executor about creation of protectable results were revealed.

Besides attention is drawn to a large number of violations of the state contracts conditions related to the contracts signed by the executor with co-executors, where the executor transmits to the co-executor the right in the results obtained in defiance of paragraph 1 of article 1373 of the Civil Code of the Russian Federation and provisions of the state contract. Such violation was revealed in 26 organizations.

As a result of checking the Acts of checking results were prepared, they reflect violations of the law of the Russian Federation in the sphere of legal protection and utilization of R&D results, as well as the provisions of the state contracts. 28 checked organizations were prescribed to eliminate the identified violations.

26 organizations submitted reports on eliminating identified violations in due time (implementation deadline for the rest 2 directives — 1st quarter, 2011). The submitted reports demonstrated that the identified violations have been eliminated in due course in 10 organizations. The implementation of the rest 16 directives is under the control of Rospatent.

In 2010 in order to inform the executors of government contracts and contracting authorities on the status of legal protection and utilization of R&D results of civil designation, received at the expense of the federal budget, Rospatent jointly with the Ministry of Education and Science of the Russian Federation held meetings with representatives of the above organizations.

The meeting with representatives of the executors of government contracts traditionally took place at Rospatent, the meeting with the contracting authorities — at the Ministry of Education and Science of the Russian Federation.

The main issues discussed at the meetings concerned the practice of providing legal protection and utilization of the results obtained in the course of the execution of government contracts and their public accounting.

These issues were discussed at conferences, forums, seminars, exhibitions and other events which were attended by representatives of Rospatent. Information about the checks carried out is posted on Rospatent’s web-site.

In 2010 Rospatent on behalf of the Ministry of Education and Science of the Russian Federation carried out activities on the examination of information about entitling documents to the R&D results, the rights to the utilization of which are contributed to the charter capital of the commercial company. 680 such documents were analyzed and the analysis results were sent to the Research and Statistics Center of Science.

Rospatent worked on analyzing and consolidating the data on fixation of the rights to R&D results created at the expense of the federal budget in the name of the Russian Federation.

The monitoring showed that in 2010 667 applications were filed and 561 documents, such as patents for inventions, utility models, industrial designs and certificates for computer programs, databases and topographies
of integrated circuits, were granted in the name of the Russian Federation represented by competent authorities. As per 31.12.2010, 1310 was the number of valid patents for inventions, utility models, industrial designs and certificates for computer programs, databases and topographies of integrated circuits in the name of the Russian Federation.

The distribution of granted documents according to objects of intellectual property is given in the Table 2.2.

The checking in 2010 determined that 5 results of intellectual activity received from 3 state contracts were commercialized under license contracts, of which:

  • two contracts on non-exclusive license granting the right to use a utility model and 3 know-how (under two state contracts);
  • a contract on granting the right to use the invention made as a contribution to the charter capital of the commercial company (under 1 state contract).

The reasons of such low commercialization are the following:

1. Low demand of manufacturing sector for new domestic technologies.

Analysis of the results of checking of organizations-executors of state contracts shows that less than 20% of the research results were transferred to the stage of development work.

It occurs due to the fact that the contracting authorities and organizations-executors of state contracts have no clear view on the practical application and market potential of created results of intellectual activity.

2. Lack of interest of authors, who are developers of the intellectual activity results obtained from the state contracts, in identifying and ensuring the legal protection for such results.

The checking showed that in many cases there were no contracts on payment of remuneration to the authors of such results, which obtained the legal protection.

3. Lack or insufficient staffing of qualified personnel in organization departments that are responsible for ensuring the legal protection and commercialization of the results of intellectual activity.

Table 2.2

Filing Applications and Issuing Patents and Certificates
in the name of the Russian Federation in 2010

Indices

Inventions

Utility
models

Computer programs, databases, topographies of integrated circuits

Industrial designs

Total

Applications filed in 2010

338
119
170
40
667

Number of Valid Patents for Inventions, Utility Models, Industrial Designs and Certificates for Computer Programs, Databases and Topographies of Integrated Circuits Issued in the Name of the Russian Federation as of 31.12.2010,
Total

797
281
226
6
1310

Issued in 2010

296
132
132
1
561
D22.ai Applications filed in 2010
Number of valid patents for inventions (IN), utility models (UM), industrial designs (ID) and certificates for computer programs, databases and topographies of integrated circuits issued (CP, DB, TIC)


Page updated: 11/12/2014 13:14
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