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Annual report of Rospatent 2010 (Section 3)

 
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In 2010 international cooperation of Rospatent as well as in previous years was aimed at ensuring the interests of the Russian Federation and fulfilling the obligations of the Russian Federation ensuing from the respective international and bilateral agreements, as well as at the development of cooperation with international organizations and foreign counterparts.

3.1. Cooperation with the World Intellectual Property Organization (WIPO)

One of the main directions of Rospatent’s international cooperation is the cooperation with the World Intellectual Property Organization (WIPO), one of the main aims of which is the integration of the Russian national legislative system in the field of legal protection and enforcement of intellectual property rights into the global process of harmonization of the respective national systems.

The international agreements administered by the WIPO to which the Russian Federation is party are listed in the Table 3.1. below.

Table 3.1

WIPO Administered Treaties, to Which the Russian Federation is a Party

Title of the document

In force in respect of the Russian Federation

Industrial Property

Paris Convention for the Protection of Industrial Property

as of July 1, 1965

Convention Establishing the World Intellectual Property Organization

as of April 26, 1970

Madrid Agreement Concerning the International Registration of Marks

as of July 1, 1976

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

as of June 10, 1997

Patent Cooperation Treaty (PCT)

as of March 29, 1978

Trademark Law Treaty (TLT)

as of May 11, 1998

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

as of April 22, 1981

Strasbourg Agreement Concerning the International Patent Classification

as of October 3, 1976

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

as of July 26, 1971

Locarno Agreement Establishing an International Classification for Industrial Designs

as of December 15, 1972

Nairobi Treaty on the Protection of the Olympic Symbol

as of April 17, 1986

International Convention for the Protection of New Varieties of Plants (administered by UPOV)

as of April 24, 1998

Patent Law Treaty (PLT)

as of August 12, 2009

Singapore Treaty on the Law of Trademarks

as of December 18, 2009

Copyright and Related Rights

Berne Convention for the Protection of Literary and Artistic Works

as of March 13, 1995

Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite

as of January 20, 1989

Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms

as of March 13, 1995

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

as of May 26, 2003

WIPO Copyright Treaty (WCT)

as of February 5, 2009

WIPO Performances and Phonograms Treaty (WPPT)

as of February 5, 2009

During 2010 Rospatent took active part in the work of the main WIPO committees and working groups. In order to ensure the interests of the Russian Federation, position and proposals of Rospatent on the main treaties and international documents discussed currently within the organization were submitted to the WIPO.

The delegation of the Russian Federation headed by the Director General of Rospatent Dr. Boris Simonov took active part in the 48th series of the Assemblies of the WIPO Member States, which took place in Geneva (Switzerland) on September 20–29, 2010.

The annual Assemblies opened with a High Level Segment, where more than 70 ministers shared their national experiences in the role of intellectual property (IP) in the promotion of innovation, growth and development of economies. Rospatent’s Director General Dr. Boris Simonov made a keynote address within the High Level Segment; he noted that the essence of the current economic phenomena in the world economy is the attribution to the national economies of an innovative character through development, creation of conditions to ensure the transition to an economy of a new type, i.e. knowledge-based economy.

The Russian delegation took active part in the discussion of the most important issues related to the future of the WIPO – the Medium-term WIPO strategic plan, External offices policy, Linguistic policy, etc.

The decisions adopted in the course of the Assemblies are aimed at the further development and improvement of the WIPO and strengthening of the role of IPR in the world.

On the margins of the 48th series of the Assemblies the delegation of Rospatent conducted bilateral negotiations with the WIPO Director General Dr.Francis Gurry, the management of the WIPO Worldwide Academy (WIPO WA), the heads of the patent offices of the United States, Japan, the European Patent Office (EPO), Mexico, Vietnam, Spain, Brazil, Finland, etc. and discussed the issues of development of bilateral cooperation in the field of legal protection and enforcement of intellectual property rights.

The discussions with the WIPO Director General Dr. Francis Gurry were aimed at broadening the cooperation, and the following documents were signed to this end:

  • Agreement on Cooperation between Rospatent and the WIPO in the Field of Data Exchange.

The Agreement promotes further development of cooperation between the WIPO and Rospatent through the exchange of information in the field of IP in order to develop the global IP infrastructure, including the global industrial property databases, as information resources the access to which is necessary for the promotion of innovation and creativity;

  • Memorandum of Understanding between Rospatent and the WIPO on Cooperation in the Development of the Russian Version of the Madrid Database of Goods and Services.

In accordance with the Memorandum the applicants, as well as the office, will have an easy-to-use access to the interface of the Russian language version of the database of acceptable indications of goods and services within the framework of the Madrid system of international registration of marks;

  • Agreement on Cooperation in the Field of Education between the WIPO and the State Educational Institution of Higher Professional Education “Russian State Institute of Intellectual Property” (RGIIS).

The Agreement is aimed at the interaction in the education and training in the field of intellectual property.

In the reported year the representatives of Rospatent along with the representatives of the Ministry of Foreign Affairs of the Russian Federation took part in the 5th and the 6th sessions of the WIPO Committee on the Development and Intellectual Property, at which the progress and the prospects of the implementation of the WIPO Development Agenda were assessed. A recommendation on the inclusion of the projects implemented in the framework of the Development Agenda into the regular budget cycle was adopted as a result of the work. In order to strike a balance between the achievement of the results on the projects and the provision of the respective accountability a coordination mechanism was developed; it is supposed to be an effective instrument of control for the member-states and an instrument of management for the WIPO Secretariat.

Under the active participation of Rospatent’s specialists in the 23rd and the 24th sessions of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications the issues of the grounds for refusal of registration of all types of marks, technical and procedural aspects related to the registration of certification and collective marks were discussed. The committee achieved significant progress in the work related to the legislative and enforcement practices in the field of industrial designs, and also in the discussion of the “Internet and Trademarks” issue.

The Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications discussed the issue related to the effects of the enlargement of the domain name space planned by the Internet Corporation on the Attribution of the Names and Numbers (ICAAN).

The delegation of Rospatent took part in the first session of the Working Group on the revision of Rule 3 (4)-(6) of the Regulations under the Singapore Treaty on the Law of Trademarks, at which amendments to the wording of the Rule were introduced.

The new Rules will enter into force as of November 1, 2011.

On October 11-15, 2010 the delegation of Rospatent took part in the 15th session of the Standing Committee on the Law of Patents (SCP).

The following studies were conducted in the course of the work of the Committee:

  • “Standards and Patents”;
  • “Exceptions from the objects of legal protection and limitations of patent rights”;
  • “Client-attorney privilege”;
  • “Dissemination of patent information”;
  • “Technology transfer”;
  • “Opposition system”.

Particular attention was paid to the issue of exceptions and limitations to the patent rights. It was proposed to prepare a draft questionnaire on the issue for the consideration at the 16th session of the Standing Committee on the Law of Patents.

As the result of the work of the SCP a decision to develop a mechanism of coordination of activities and prepare a document with the comments of the members of the Committee and observers on the studies conducted was taken.

On October 24-30, 2010 the delegation of Rospatent took part in the 1st session of the Committee on WIPO Standards. In compliance with the agenda of the meeting the results of the work on the development of a number of WIPO standards were considered, in particular WIPO standard St. 96 “XML standard for all types of industrial property (XML4IP)”, designed to replace/amend the WIPO standards St. 36, St. 66 and St. 86.

It is envisaged that for a certain transition period the WIPO standards St. 36, St. 66 and St. 86 and XML4IP will be applied simultaneously.

In 2010 under the active participation of Rospatent a new project “Goods and Services Manager” developed by the WIPO in the framework of the project of introduction of additional filing languages (including the Russian language) for the international applications under the Madrid system was launched. The new online Internet service is aimed at assisting the applicants and their representatives in drafting the list of goods and services when filing international applications under the Madrid system of registration of marks.

“Goods and Services Manager” currently ensures the access to the terms of the 9th edition of the International Classification of Goods and Services and additional terms proposed by various countries and approved by the WIPO.

The service is available in English, Spanish, French and Russian languages.

Taking into consideration the interest of the applicants and potential rightsholders in the issues of the Madrid system of the International Registration of Marks, a number of seminars on the Madrid system of the international registration of marks was held in Saint-Petersburg and Volgograd during 2010 jointly with the WIPO.

On October 18–19, 2010 a meeting of Rospatent, FGU FIPS and WIPO concerning the implementation of the Agreement on Cooperation between Rospatent and the WIPO in the Field of Data Exchange took place at Rospatent. In the course of the meeting the WIPO proposals on the development of the new information and search system WIPO BrandSearch, containing data on both international and national trademarks was considered. The participants discussed the issue of inclusion of the Russian national patent documents into the latest version of the PatentScope® system.

On November 30 — December 1, 2010 Rospatent jointly with the WIPO conducted an Interregional Symposium on the Problems of Access to the Patent Information and the Strategy of its Use for the Promotion of Innovation. Within the framework of the symposium issues of support and promotion of innovations, creation of effective system of support of technologies and innovations and joint networks and services in the field of intellectual property, search of technologies using patent information were discussed. Representatives of 32 foreign patent offices and representatives of higher educational institutions and organizations of the Russian Federation took part in the symposium.

During 2010 Rospatent continued cooperation with the WIPO on the issues of training in the field of intellectual property, including the issues of administering the Russian language WIPO WA distance learning course “General Course on Intellectual Property” for Russia and other countries (DL101RU course).

The course was successfully completed by 921 people, 271 people more than planned by the Analytic target program of Rospatent for 2010.

RGIIS also offered tutor support of the course “Copyright and Related Rights”. The course was successfully completed by 40 people, including (besides Russian nationals) nationals from Belorussia and the Ukraine.

On July 19-31, 2010 at the premises of the GOU VPO “St-Petersburg State University of Information Technologies, Mechanics and Optics” the second Russian language WIPO WA Summer School on Intellectual Property took place.

The training along a unique educational program on all aspects of intellectual property was offered to 46 people including young teachers, students, intellectual property lawyers and legal consultants, economists, patent attorneys and their assistants, patent-licensing managers, paralegals.

In order to allow the exchange of views between the members of the Worldwide network of educational institutions on intellectual property (WIKI) RGIIS as a WIKI member was granted access.

For the first time a Russian representative (RGIIS) upon the results of a contest participated in a two-week colloquium for intellectual property trainers organized jointly by the WIPO and the WTO. The program of the colloquium was designed to provide the trainers and researchers in the field of intellectual property and the closely related disciplines with up-to-date information on the events and documents of the WIPO and the WTO. The Colloquium covered the political issues discussed within the two organizations, the outcomes of which are further implemented in wider legal and political contexts. The Colloquium was aimed at enhancing the capacity of universities of the developing countries and countries in transition in order to improve the national expertise in the field of intellectual property. One of the goals of the Colloquium is the promotion of the development and strengthening of the system of exchange of practical information on the national and regional experience between the teachers of the universities and the two secretariats. Experienced specialists participated in the conduction of the Colloquium and were ready to assist in the development of practical strategies on the improvement of teaching methodology. The goal of the Colloquium was also to promote the communication between the participants, tutors and specialists for the continuation of the dialogue and cooperation in the issues of training and research in the field of intellectual property.

RGIIS professors took part in conferences and seminars organized by the WIPO, including the WIPO International Conference “Women’s Innovations and Creativity in Science and Business for the Economic Development” (Warsaw, Poland), in scientific and practical seminars “Copyright” (Kaliningrad and Nizhniy Novgorod, the Russian Federation), in the Interregional Symposium on the Issues of Teaching Intellectual Property in the Countries in Transition and Sub-regional Conference on the Intellectual Property and Digitization of Intangible Cultural Heritage (Sofia, Bulgaria).

In the course of participation in the 16th and the 17th sessions of the WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore (WIPO/GRTKF) in 2010 Rospatent prepared and submitted to the WIPO comments on the documents discussed by the Committee, provided information on the Russian national experience and measures concerning the protection of genetic resources, including their protection as intellectual property.

In order to inform the interested parties on the activities of the Committee Rospatent has sent the materials of the sessions to the ministries, offices and organizations, including the central and regional organizations of traditional creativity, associations and interregional organizations of the indigenous people of the Russian Federation.

During October 2010 the representatives of Rospatent took part in the organization and conduction of the Saint Petersburg International Symposium on Intellectual Property and Traditional Knowledge organized by the WIPO jointly with the Ministry of Regional Development of the Russian Federation. Representatives of governmental bodies, international organizations, scientific establishments, non-governmental organizations, indigenous people and local communities from 20 countries participated in the work of the symposium.

The representatives of Rospatent and the Ministry of Culture of the Russian Federation took part in the work of the 20th and the 21st sessions of the WIPO Standing Committee on Copyright and Related Rights in 2010, in the course of which the bi-annual work program of the committee on the issues of protection of broadcasting organizations, protection of audiovisual performances, and exceptions and limitations of copyright and related rights was elaborated.

3.2. Cooperation with the International Organizations

3.2.1. Asian-Pacific Economic Cooperation (APEC)

In the year 2010 the representatives of Rospatent took part in the 30th and the 31st meetings of the Intellectual Property Experts Group (IPEG) of the APEC Committee on Trade and Investment held in Japan. In the course of the 30th session Rospatent presented the improved and amended project “Enhancing Capacity Building in APEC Economies in the Field of Protection and Utilization of Intellectual Property: Training for Trainers”. The Peoples’ Republic of China, the Republic of Korea, the Socialist Republic of Vietnam, the Republic of Peru and the United States of America co-sponsored the project. The project was approved by the APEC Budget and Management Committee. Within the 31st IPEG session (September 6-8, 2010) in Sendai (Japan) a report on the approval of the project and the progress of its preparation was made. The timeframe of the implementation of the project is October 2010 – September 2011.

In the course of the project the RGIIS professors conducted a comparative analysis of the effective practices of intellectual property training, on the basis of which special programs for the training of intellectual property trainers from the APEC economies were developed. The content of the programs was oriented at further training by the teachers of government employees dealing with intellectual property issues in different fields of APEC economies.

Within the framework of the implementation of the project an event for the training of the trainers was successfully held on November 30 – December 2, 2010 on the Hainan Island (China) with the support of the APEC Secretariat and the Chinese counterparts; it showed high level of interest of the APEC economies in the intellectual property training.

3.2.2. Eurasian Economic Community (EurAsEC)

Within the reported year the participation of Rospatent in the activities of the EurAsEC bodies was conditioned by the main integration factors on the post-soviet union space – the beginning of the functioning from January 1, 2010 of the Customs Union of the Republic of Belarus, Republic of Kazakhstan and the Russian Federation, and also the preparation of the contractual and normative basis of the Joint Economic Space.

Within the activities on the elaboration of the normative basis of the Customs Union Rospatent considered and commented the draft Agreement on the Joint Customs Register of the Intellectual Property Objects of the Members of the Customs Union and also the draft Federal Law “On the Customs Regulation in the Russian Federation”. In November 2010 the abovementioned documents were adopted by the State Duma of the Federal Assembly of the Russian Federation and approved by the Council of Federation of the Federal Assembly of the Russian Federation.

Rospatent participated in the execution of certain activities of the Action Plan on the Creation of the Joint Economic Space of the Republic of Belarus, Republic of Kazakhstan and the Russian Federation, approved by the EurAsEC Interstate Council (highest body of the Customs Union) on December 19, 2009. In particular, within the year Rospatent’s experts along with the representatives of the Federal Customs Service, the Ministry of Internal Affairs, the Ministry of Culture, and the Ministry of Foreign Affairs participated in the elaboration of the draft Agreement of Single Regulatory Principles in the Field of Legal Protection and Enforcement of Intellectual Property Rights and the negotiations on the draft with the Belorussian and Kazakh sides.

The mentioned agreement is aimed at the unification of the regulatory principles in the field of legal protection and enforcement of the results of intellectual activities and means of individualization of the goods, works and services. The work on the draft agreement was conducted in the framework of the subgroup “Protection and enforcement of intellectual property rights” headed by the Ministry of Economic Development of the Russian Federation. On December 9, 2010 the Agreement on Single Regulatory Principles in the Field of Legal Protection and Enforcement of Intellectual Property Rights was signed at the Council of the Heads of the Governments.

Besides, Rospatent took part in the work of the EurAsEC Council on Intellectual Property Issues within the EurAsEC Integration Committee. Rospatent’s Director General Boris Simonov headed the Council and performed the functions of its Chairman in 2008-2010. During the reported year the Council ensured the elaboration of the proposals on the implementation of the EurAsEC intellectual property related goals, in particular, in compliance with the adopted 2008-2010 work plan Rospatent’s experts in the framework of two working groups created within the Council participated in drafting of an Agreement on Harmonization of Regulation of Legal Protection of Patents for Inventions, Utility Models and Industrial Designs and Agreement on Harmonization of Legal Protection of Trademarks and Servicemarks on the Territories of the EurAsEC members.

On November 12, 2010 the 4th session of the EurAsEC Council on Intellectual Property Issues within the EurAsEC Integration Committee took place in Zvenigorod. Within the session Rospatent’s representatives took part in the discussions of the two abovementioned agreements, considered various approaches to the work on the draft Agreement on Legal Protection and Enforcement of Intellectual Property in the EurAsEC Members, participated in the elections of the Chairman, Vice-Chairman and the Secretary of the Council.

3.2.3. European Union (EU)

Within the framework of the Russia-EU Dialogue on Intellectual Property in the implementation of Section 1.3. of the Russia-EU Common Economic Space “Roadmap” an ordinary expert meeting was held in the reported year.

Representatives of the European Commission DG Trade and the EU Delegation to the Russian Federation participated in the meeting from the EU side and the representatives of Rospatent, the Ministry of Economic Development, the Ministry of Internal Affairs, the Ministry of Healthcare and Social Development, Roszdravnadzor, the Ministry of Agriculture, Federal Customs Service participated from the Russian side; representatives of the rightsholders were also invited.

The legislative initiatives of the sides were discussed in the course of the meeting, in particular, the entry into force of the law “On Circulation of Medicines” and the elaboration of new customs legislation in the framework of the creation of the Customs Union of Russia, Belarus and Kazakhstan, issues of combating Internet piracy and counterfeiting, and also issues related to geographical indications and trademarks, etc.

Arrangements on conducting a number of joint seminars for the experts of both sides were made.

In the course of the 25th Russia-EU summit held on May 31 – June 1, 2010 in Rostov-on-Don the Russian Federation and the European Union announced the launch of the “Partnership for Modernization” initiative. In order to implement the initiative a special Work plan was drafted; it includes joint proposals of the Russian and the EU sides on the directions and specific cooperation projects in the field of intellectual property.

3.2.4. European Patent Office (EPO)

The cooperation between Rospatent and the European Patent Office in the reported period was conducted on the basis of the Memorandum of Understanding on Bilateral Cooperation and previous arrangements, as well as within a joint project financed by the European Union.

During the 2010 Rospatent provided the EPO with an information array on the alterations of the legal status of invention patents and utility model patents for 2005-2009; a mechanism of regular information transfer on the date specific status of patent documents reflected in the online registers of Rospatent was established; cooperation in the development of national segment of esp@cenet was continued; agreement on the grant of 10 access logins to the Global Patent Index (GPI) database to the All-Russian Patent Library was reached.

The implementation of the first joint project using the “Common Spaces Facility” envisaged by the Russia-EU arrangements was an important milestone in the development of the bilateral cooperation between Rospatent and the EPO in 2010. The project that was finalized in 2010 included five priority directions of interaction:

  • patent legislation;
  • development of patent examination guidelines;
  • registration of applications for patents and paper-flow;
  • teaching intellectual property economics;
  • extension of patent validity, supplementary protection certificates.

With an aim to cover the progress of the implementation of activities Rospatent created on its official website an open portal in Russian and English languages devoted to the realization of the project “Approximation of the Intellectual Property Aspects in the EU and Russia”.

On March 23-24, 2010 a joint seminar “Supplementary Protection Certificates. European Practice” with the participation of a number of patent attorneys and representatives of the pharmaceutical industry was held at Rospatent.

On April 15, 2010 a seminar on “Comparison of the Current Patent Legislation in the EU and Russia” with the participation of patent attorneys and patent law specialists was held at Rospatent.

On May 19–21, 2010 the specialists from FGU FIPS and RGIIS paid a study visit to the EPO office in the Hague (Netherlands) devoted to the comparison of the patent document flow in Rospatent and the EPO.

On May 27–28, 2010 Rospatent’s specialists participated and presented RGIIS training programs at the seminar “Teaching Intellectual Property Economics and Management. Interdisciplinary Approaches in Europe” in the EPO Munich Office (Germany).

On June 24, 2010 a meeting with the representative of the European Institute of Business and Intellectual Property selected as consultant on the review of the RGIIS training programs and modules took place at RGIIS.

On June 9, 2010 a meeting of the Rospatent’s specialists with a European expert devoted to the discussion of the recommendations on the extension of the term of the patent protection for pharmaceutical products was held in Moscow.

The implementation of the second component of the project with the assistance of the EPO consultant resulted in the development of the Russian Guidelines on patent examination. Joint work was conducted in the format of the working group meetings held in Moscow from March to October 2010. A draft document builds up on the earlier Rospatent’s methodological recommendations taking into account the EPO experience and practice; it was published for comments of general public at the official website of Rospatent.

Besides, within the implementation of the “Approximation of the Intellectual Property Aspects in the EU and Russia” project information booklets “Russian Patent System” and “Receiving European Patent” for European and Russian business were published. All the documents and the results of the projects including the Convention on the Grant of European Patents (European Patent Convention of December 13, 2007) and the Implementing Regulations to the Convention on the Grant of European Patents (with the amendments as of April 1, 2010) were published in Russian language and uploaded to the project portal.

3.3. Bilateral Cooperation

During the reported year Rospatent continued the interaction with the Chinese side in the framework of the Working group on cooperation in the protection of intellectual property rights created within the Russian-Chinese Subcommission on Trade and Economic Cooperation.

In May 2010 according to the plan of the Working group chaired by Rospatent from the Russian side the delegation of Rospatent visited China and took part in the 4th session of the working group and conducted negotiations with a number of Chinese governmental bodies.

In the course of the session of the working group held in the Ministry of Commerce of the PRC a number of issues was discussed, including the coordination of efforts in promoting Russian and Chinese interests within the WIPO and APEC.

The Chinese side expressed the readiness to assist in the implementation of the events related to the Russian project “Enhancing APEC capacity building in the field of protection and exploitation of intellectual property: Training for trainers”. The parties exchanged views on the cooperation of the law enforcement bodies in the enforcement of intellectual property rights, on the strategy of fighting counterfeiting and piracy in 2009 – 2010; information on the latest changes in the legislation of the Russian Federation and the People’s Republic of China in the field of legal protection and enforcement of intellectual property rights was presented.

In the course of the visit Rospatent conducted negotiations with the State Intellectual Property Office of the PRC (SIPO), during which a detailed exchange of information on the development of Russian and Chinese legislation in the field of legal protection and enforcement of intellectual property and assisting small and medium sized innovative enterprises took place. The discussions resulted in an agreement on exchange of information on the strategic directions of innovative development of the economies of the two countries. Rospatent informed the SIPO representatives on the PPH (Patent Prosecution Highway) pilot projects launched with the patent offices of Japan and Korea and proposed to consider to introduce a similar system of worksharing of information searches between Russia and China. An interoffice Memorandum of Understanding and Cooperation in the Field of Intellectual Property Education and Training was signed in the course of the negotiations, providing, in particular, for the training of Chinese specialists at RGIIS.

Negotiations between the State Administration of Industry and Commerce (SAIC) and Rospatent were held, during which a wide specter of issues related to the development of the national trademark legislation was discussed. The Chinese side was provided with detailed information on the results of the activities of the Russian law enforcement bodies in 2009 on the protection of the intellectual property rights concerning trademarks. Rospatent proposed to the Chinese side to establish cooperation on the promotion of the use within the Madrid System of International Registration of Marks of the Russian and the Chinese languages as prioritized issue. The negotiations resulted in the signature of the Memorandum of Understanding and Cooperation, providing, in particular, for implementation of joint projects in the field of trademarks, exchange of information, and training of specialists.

Taking into consideration the interest of the Chinese side in the further cooperation on a number of Russian technologies included in the “List of 100 Best Russian Inventions” Rospatent prepared and sent to the Chinese side through the Trade Representation of the Russian Federation in the PRC necessary information on the patent holders included in the abovementioned list.

Rospatent continued work in 2010 within the Russian-French Working group on protection of intellectual property and combating counterfeit products created within the Russian-French Council on Economic, Financial, Industrial and Commercial Issues (CEFIC). In June 2010 the 5th session of the working group took place at Rospatent and the French side consisted of the representatives of the Ministry of Economics, the Ministry of Agriculture, National Institute of Origin and Quality (INAO), High Instance Court in Paris, Embassy of France to Russia, and also a number of French companies: Union of French Producers (UNIFAB), National Union of Cognac Producers (BNIC) and others.

The Russian delegation comprised the representatives of the Ministry of Foreign Affairs, the Ministry of Internal Affairs, the Federal Customs Service, Roszdravnadzor, Rospatent, etc., i.e. 10 federal executive bodies, the GOU VPO “Russian Academy of Justice” and the Chamber of Industry and Commerce of the Russian Federation.

The session was headed by the co-presidents of the 5th working group session – the head of the Russian side of the joint Working group Director General of Rospatent Boris Simonov and the Minister-Counselor, Head of the Economic mission of the Embassy of France to Russia Philippe Baudry.

The following main issues were considered during the meeting:

  • “Development of mechanisms of intellectual property protection”. The representative of Rospatent provided the French side with information on the recent and planned amendments to the Russian intellectual property legislation;
  • “Parallel import: exhaustion of rights regime within the Customs Union (national, regional of international)”. The Russian side made a presentation on the provisions of the Customs Code of the Customs Union concerning the regime of exhaustion of rights. The intervention of the French side was devoted to the analysis of the same document prepared at the request of the French Union of Producers;
  • “Cooperation in combating counterfeit pharmaceuticals”. The representative of Roszdravnadzor expressed a number of specific proposals on information interaction of the Russian and French regulatory bodies in the field of medicines quality, creation of a permanent dialogue mechanism for the discussion of intellectual property rights infringement cases and the development of the permanent cooperation;
  • “Dispute settlement in the field of intellectual property”. Court cases on the settlement of intellectual property disputes were presented.
  • “Cooperation in the field of protection of appellations of origin of goods (AoO) and geographical indications (GI)”. The Russian and the French sides (Rospatent and INAO) exchanged proposals on the implementation of the Memorandum of Understanding and Cooperation in the Field of Legal Protection of AoO’s and GI’s signed on November 27, 2009.

In the end of the meeting the sides defined the further format and directions of cooperation and also a number of actions on the implementation of the arrangements agreed upon in the course of discussions.

Within the implementation of the decisions of the Joint Intergovernmental Commission on Trade and Economic Cooperation between the Russian Federation and the Swiss Confederation the Russian-Swiss intergovernmental Agreement on the Protection of Geographical Indications and Appellations of Origin of Goods was signed in 2010; according to the Agreement Russia and Switzerland mutually provide effective protection to the geographical indications and appellations of origin of goods according to their national legislation and international agreements to which they are party. Rospatent and the Swiss Federal Institute of Intellectual Property are defined as the competent bodies of the parties responsible for the implementation of the Agreement.

Bilateral cooperation with the United States Patent and Trademark Office (USPTO) in 2010 was mutually beneficial and intensive.

The two sides signed the Memorandum of Cooperation aimed at the development of interoffice relations, improvement of the Russian and US systems of legal protection and exploitation of intellectual property, public awareness in the field of intellectual property, exchange of information and capacity building of the offices in the field of intellectual property.

Rospatent jointly with the USPTO and the US Embassy in Russia and with support of the Novosibirsk region and the Republic of Bashkortostan conducted international regional seminars “Intellectual property protection in Russia and the USA” in Moscow, Novosibirsk and Ufa in May 2010.

The seminars covered the main specifics of granting legal protection to trademarks, servicemarks, appellations of origin of goods in Russia and the US, filing under the PCT, international search and international preliminary examination, outstanding issues of legal protection of computer programs and databases and also nanotechnology patenting in the Russian Federation. A significant interest to the events (the three seminars were attended by more than 300 participants) is a good incentive for the continuation of the practice in 2011.

A seminar on the consideration of disputes related to the protection of intellectual rights in Russia and the USA and the protection of designs according to the US patent law was held in July 2010 at Rospatent with the USPTO support.

Within the implementation of the Protocol on Cooperation between Rospatent and the National Board on Patents and Registration of Finland a working meeting with the enterprises members of the Russian-Finnish Trade Chamber was held in October 2010 at Rospatent. The issues of the Russian intellectual property legislation were presented and the possibilities of realization of rights of foreign countries were touched upon. In the course of the meeting the representatives of Rospatent and FGU FIPS informed the participants of the intellectual property objects protected in Russia in compliance with Part IV of the Civil Code of the Russian Federation, specifics of the procedure of examination of patentability and receipt of an invention patent, registration of trademarks in the Russian Federation, application of the Madrid system, procedure for the receipt of a certificate for a trademark and payment of the respective fees. Issues of enforcement of rights through the Chamber of Patent Disputes and protection of intellectual property objects from unfair competition were also covered.

Within the examiner exchange program Rospatent was visited by two representatives of the Japan Patent Office in March 2010, a reciprocal visit of the Rospatent’s specialists took place in June 2010. Continuation of the implementation of the program with the Japan Patent Office is planned for 2011.

In October 2010 examiner exchange with the German patent office was conducted. German specialists also participated in the 14th Rospatent’s Scientific and Practical Conference “Development of the Legal Protection of Intellectual Property Objects and Related Information Technologies” devoted to the 50th anniversary of the VNIIGPE – FGU FIPS.

Cooperation with the foreign patent offices within the Patent Prosecution Highway (РРН), to which Rospatent acceded in 2009, was further elaborated in 2010. The scope of the PPH Pilot program with the United States Patent and Trademark Office launched on September 1, 2010 and planned for 1 year was broadened. Agreement on the new PCT-PPH pilot project was reached; it aims at the use of the working products of the PCT international phase as the basis for PPH procedures and starts as of October 1, 2010.

Besides, the cooperation under the Patent Prosecution Highway pilot projects in 2010 was conducted with the Japan Patent Office and the Korean Intellectual Property Office.

In the course of the meeting of the heads of the patent offices of the Russian Federation and the Republic of Finland in December 2010 in Helsinki a Memorandum of Understanding on Piloting the PPH using the PCT international phase products as the basis for PPH procedures was signed. The PPH pilot project between Rospatent and the National Board for Patents and Registration of Finland (NBPR) starts on March 1, 2011.

In the reported period Rospatent together with its Italian counterparts drafted an interoffice Memorandum of Understanding, which was signed in June 2010 in the course of the meeting of Rospatent’s Director General Dr. Boris Simonov and the Director General of the Italian Patent and Trademark Office Directorate General of Combating Counterfeiting Loredana Gulino.

In the course of implementation of the Memorandum a reciprocal visit of the Russian delegation headed by the Director General of Rospatent Dr. Boris Simonov was paid to Italy in November 2010. In the course of the visit a number of events aimed at raising the awareness of the Italian business circles of the Russian system of legal protection of intellectual property were held. In the format of a dialogue, seminar, and roundtables detailed clarifications on the current regime of protection and enforcement on the basis of the practice of application of the provisions of Part IV of the Civil Code of the Russian Federation with the examples of administrative and judicial intellectual property related dispute settlement were given.

Similar events were conducted by Rospatent in several countries — main trade partners (Japan, Germany, Italy and other EU countries) and have proven their effectiveness. Open discussions raise the authority of Russia as a country with well-established and meeting global requirements rules of legal protection of intellectual property and prove the openness and the transparency of the Russian system.

In the course of the meeting of the heads of Rospatent and the African Regional Intellectual Property Organization (ARIPO) on the margins of the twenty third (seventeenth ordinary) session of the Administrative Council of the Eurasian Patent Organization (EAPO AC) conducted in Moscow in 2010 the signature of the Memorandum of Understanding between Rospatent and the ARIPO took place.

During 2010 Rospatent within the margins of its competence along with other interested bodies participated in the work on elaboration of intergovernmental agreements with foreign countries, in particular, the draft agreements on scientific and technical cooperation with Austria, Angola, Libya, Switzerland, on space cooperation with Israel, Vietnam, Nicaragua, Venezuela. Besides, the specialists of Rospatent within respectful working groups took part in expert negotiations and sessions of a number of intergovernmental commissions.

3.4. Cooperation with the CIS Countries

Within the reported year Rospatent continued work on the development of cooperation with the CIS countries on bilateral and multilateral basis, as well as within the CIS special cooperation bodies.

In March 2010 Rospatent organized the conduction of the meeting of the Coordination Council of the Project on the industrial production of the regional patent-information product of the CIS countries on optical discs CD-ROM (CISPATENT disc).

The session of the Coordination Council considered the report about the works on the industrial production of the CISPATENT disc in 2009, the plan for the CISPATENT production for 2010, issues of reimbursement of the FGU FIPS works along the decision of the EAPO Administrative Council (November 11-12, 2008), and also the issue of providing the CISPATENT information to commercial patent search systems.

The specialists of Rospatent informed the participants of the session on the practice of use of the MIMOSA software and the information search system PatSearch used by the FGU FIPS in the course of examination of inventions and utility models.

In March 2010 (Minsk, Republic of Belarus) the delegation of Rospatent participated in the nineteenth session of the Joint working commission of the member-states of the Agreement on Cooperation in Preventing Infringements in the Field of Intellectual Property. The delegation was headed by the Plenipotentiary representative of the Russian Federation in the Joint working commission, Director General of Rospatent Dr.Boris Simonov. In the course of the meeting the Russian delegation participated in the preparation of proposals on the amendment of the draft List of actions necessary for the stages of implementation of the CIS Economic Development Strategy in the field of prevention of intellectual property infringements. The plenipotentiary representative of the Russian Federation presented the 2009 information on combating intellectual property infringements.

In November 2010 Rospatent organized and conducted in Zvenigorod the joint session of the Interstate Council on the Issues of Legal Protection of Industrial Property (MGSOPS) and the Joint working commission of the member-states of the Agreement on Cooperation in Preventing Infringements in the Field of Intellectual Property. The participants supported the proposal of Rospatent on the attribution to the RGIIS of a status of a basic organization of the CIS countries for the professional training and re-training of specialists in the field of intellectual property, and also took note of information about the RGIIS educational programs developed specifically for the students from the CIS countries.

Besides, the delegation of Rospatent presented information for nine months of the year 2010 on the legislative activities in the field of intellectual property, on the measures on combating the infringements in the field of intellectual property and the enforcement of intellectual property rights, and also the data of the customs bodies and the internal affairs bodies on the law enforcement practice.

Rospatent’s specialists informed the participants of the meeting on the progress of work on the production of the regional CIS patent information product CISPATENT, and also on the fact that in connection to the exit of Georgia from the CIS the patent office of Georgia along its request was provided with proposals on the reflection of the new status of Georgia as a non-CIS CISPATENT participant.

During the session upon the proposal of the plenipotentiary representative of the Republic of Armenia the plenipotentiary representative of the Russian Federation, Director General of Rospatent Dr. Boris Simonov was elected as the Chairman of the MGSOPS.

A regional seminar “Development of national intellectual property strategies” was organized for the representatives of the national patent offices by the WIPO, the Eurasian Patent Organization and Rospatent.

During 2010 the specialists of Rospatent in the framework of the expert group convened by the CIS Executive Committee and also in the framework of the MGSOPS continued the work on the draft Agreement on the Creation of the Interstate Council on the Issues of Legal Protection and Enforcement of Intellectual Property. On June 17, 2010 the draft Agreement was considered at the 46th session of the CIS Economic Council.

The signature of the Agreement on the Cooperation in the Field of Legal Protection and Enforcement of Intellectual Property and the creation of the Interstate Council on the Issues of Legal Protection and Enforcement of Intellectual Property at the session of the CIS Council of the Heads of the Governments on November 19, 2010 was an important outcome of the year. The aim of the agreement is to extend the scope of competence of the Interstate Council to the field of copyright and related rights. It is expected that the entry into force of the Agreement will promote effective measures for prevention and elimination of infringements in the field of legal protection and enforcement of intellectual property and help coordination of activities in this field, concordance of issues related to protection and enforcement of intellectual property in the course of cooperation in the field of economics, trade, science, technology and culture, and also promotion of conclusion of international agreements between the respective bodies of the parties, exchange of information on the legislation in the field of legal protection and enforcement of intellectual property, mutual protection of enterprises from unfair competition in the field of intellectual property.

An analytic overview “Status of Legal Protection and Enforcement of Intellectual Property in the CIS Countries” based on the information of the states about the work in the field of legal protection of industrial property and the measures taken to prevent infringements in the field of legal protection and enforcement of intellectual property was prepared in the reported year within the MGSOPS. On October 6, 2010 the specialists of Rospatent took part in the session of the Commission for Economic Issues of the CIS Economic Council and presented a respective report. On November 18, 2010 the analytic overview was presented at the 48th session of the CIS Economic Council.

Rospatent took part in the implementation of the activities envisaged by the Plan of joint activities of the Government of the Russian Federation and the Government of the Republic of Belarus on the minimization of the effects of the financial crisis, improvement of the parameters of the balance of payments, improvement of the conditions of the entrepreneurial activities and mutual trade that are aimed, in particular, at the unification of the legislation in the field of protection and transfer of rights in intellectual property objects and the conclusion of an intergovernmental agreement.

During 2010 bilateral consultations between the specialists of Rospatent and the National Center of Intellectual Property of the Republic of Belarus on the draft Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on the Cooperation in the Field of Legal Protection of Intellectual Property and the draft Protocol on the Protection, Distribution and Transfer of Rights in the Results of Intellectual Activities of the Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on the Scientific and Technical Cooperation as of February 27, 1996. Upon the results of the work Rospatent and the NCIP of the Republic of Belarus managed to finalize the discussions and reach mutually acceptable texts of the abovementioned documents.

3.5. Cooperation with the Eurasian Patent Organization (EAPO)

The 2010 bilateral cooperation of Rospatent with the Eurasian Patent Office (EAPO) was conducted in the framework of the Standing working group on information technologies of the Administrative Council of the EAPO (PRGI AC EAPO). The representative of Rospatent took part in the seventh session of the PRGI AC EAPO (May 2010), in the development of the project of electronic filing of Eurasian applications filed through national patent offices of the EAPO member-states and also in the development of the Portal of electronic services of the EAPO for the national patent offices of the EAPO member-states.

Within the framework of the implementation of the electronic paper flow with the EAPO Rospatent had technical meetings with the EAPO staff, at which technical requirements to the process of the treatment of initial EAPO applications submitted to the FGU FIPS were prepared, besides, the “Stages of treatment of a Eurasian application in the electronic filing system ADEPT NO RU” were agreed upon.

In October and November 2010 the delegation of Rospatent took part in the work of the fifteenth session of the Budget working group of the EAPO AC and the twenty third (seventeenth ordinary) session of the EAPO AC.

During the sessions the representatives of Rospatent took active part in the consideration of amendments and alteration to the documents regulating the EAPO activities. Upon the results of the discussions amendments to the Patent regulations to the Eurasian Patent Convention, the Fee Regulations, the Administrative Instruction to the Eurasian Patent Convention, the Rules of Procedure of the EAPO Administrative Council and the Regulations of the Working Conditions of the Eurasian Patent Office Employees were introduced. The delegation of Rospatent took part in the discussion of the Eurasian Patent Organization Development Program for the years 2010-2014. The Protocol of the session reflects the proposals of the Russian Federation delegation related, in particular, to the progress of implementation of the Program, the necessity of introduction into the program of activities aimed at the capacity building of the national patent systems of the EAPO member states, the improvement of quality of the Eurasian patents.

3.6. Rospatent as an International Searching Authority and an International Preliminary Examination Authority

In 2010 the work of Rospatent as an International Search Authority and an International Preliminary Examination Authority was conducted within the framework of the Agreement between Rospatent and WIPO International Bureau concluded for the period from January 1, 2008 to December 31, 2018. According to this Agreement Rospatent conducts international search and international preliminary examination of the applications in Russian and English languages and was selected as the competent International Search Authority and International Preliminary Examination Authority by 28 receiving offices of the contracting states.

889 international applications were received for the conduction of international search (169 of them were filed with the receiving offices of Azerbaijan, Armenia, Belarus, Bulgaria, Hungary, EAPO, Kazakhstan, Kyrgyzstan, Ukraine, Latvia, Lithuania, Moldova, Romania, Uzbekistan, and the WIPO International Bureau as a receiving office). In respect of 80 international applications requests for conduction of international preliminary examination were received, 16 of them in respect of applications filed with receiving offices of countries other than Russia.

Besides, in compliance with the effective Agreement between the State Committee on Inventions and Openings under the GKNT of the USSR and the WIPO’ International Bureau of September 28, 1988 Rospatent prepared 74 search reports with the examination decisions at the requests of the patent offices of developing countries in 2010.

As of January 2009 Rospatent in compliance with the Rule 45bis of the РСТ Regulations conducts supplementary international search on the PCT applications. During the past year requests for such a search were received in respect of 40 international applications filed by applicants from the USA, Switzerland and Sweden.

In compliance with РСТ Article 15(5) Rospatent conducts international type search on national and regional applications. Reports on searches of international type were prepared on 414 applications filed with the CIS patent offices in 2010 (Kazakhstan, Tajikistan, Kyrgyzstan).

In respect of 655 Eurasian applications international type search reports and Russian language funds search reports, as well as 13 decisions of the examination were sent to the EAPO in 2010.

According to the Agreement between Rospatent and the Turkish Patent Institute reports on international type search and examination opinions were prepared and sent in respect of 613 applications in 2010.

In September 2010 in Geneva an Agreement between Rospatent and the United States Patent and Trademark Office (USPTO) on the Functioning of Rospatent as an International Search Authority (ISA) and an International Preliminary Examination Authority (IPEA) within the Framework of the Patent Cooperation Treaty (PCT) in Respect of the International Applications Received by the USPTO was signed; it allows the American applicants to select Rospatent as a competent authority for the conduction of the international search and international preliminary examination on international applications filed with the USPTO as a receiving office. The Agreement will enter into force after all the technical aspects are settled by the parties.

The main indices characterizing the activities of Rospatent as an International Search Authority and an International Preliminary Examination Authority for the past 5 years are reflected in Table 3.6.

Table 3.6

Indices

2006

2007

2008

2009

2010

Number of applications received for international search

733

797

861

780

889

Number of requests for international preliminary examination

124

132

101

69

80

Number of applications received for the conduction of supplementary international search

14

40

Number of reports on the international type search prepared:

at the request of the CIS countries

477

251

272

683

414

at the request of the EAPO

602

681

698

674

655

at the request of the TPI

1021

659

553

636

613

 

3.7. Rospatent as a Receiving Office

Rospatent’s work as a receiving office is defined by the provisions of the Patent Cooperation Treaty (PCT) and the PCT Regulations. According to PCT articles 2 (xv), 10 and Rule 19 of the PCT Regulations Rospatent as a receiving office receives international applications from persons that are citizens of the Russian Federation or reside at the territory of the Russian Federation. The applications are received in Russian and in English.

823 international applications were submitted to Rospatent as a receiving office in 2010. Rospatent and the EPO are the competent International Search Authorities on the applications filed with Rospatent as a receiving office. In a majority of cases the applicants have chosen Rospatent as an International Search Authority (768 applications), in respect of 55 international applications EPO was selected as an International search authority.

As of January 1, 1999 Rospatent as a receiving office received international applications filed using the PCT-SAFE software. The number of such applications in 2010 was 84, i.e. 10,2 % of the overall amount of applications submitted.

Besides, according to Article 15(1)(ii) of the Eurasian Patent Convention Rospatent is a receiving office for Russian applicants filing Eurasian applications. The number of the Eurasian applications filed in 2010 by the Russian applicants amounted to 160.

The main indices characterizing the activities of Rospatent as a receiving office are reflected in Table 3.7.

Table 3.7

Indices

2006

2007

2008

2009

2010

Number of international applications received

719

758

819

762

823

Number of international application filed using the PCT-SAFE

143

110

114

122

84



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