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Annual report of Rospatent 2011 (Section 3)

 

Section 3. Main Directions Of Rospatent’s International Activities

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The 2011 international cooperation of Rospatent similar to the 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

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 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 2011 Rospatent took active part in the work of the main WIPO committees and working bodies. 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 Boris Simonov took active part in the 49th series of the WIPO Assemblies that took place in Geneva on September 26 — October 5, 2011. According to the agenda of the Assemblies a number of important issues were considered including the Program and budget for the 2012–2013 biennium, report of the commission on WIPO external auditor, linguistic policy, etc.

On the margins of the Assemblies Rospatent delegation had a bilateral meeting with the WIPO Director General F. Gurry in the course of which a Memorandum of Understanding on the creation of Technology and Innovation Support Centers (TISC) was signed. In compliance with this MoU starting from October 2011 WIPO will provide methodological, organizational and technical support of the project on the establishment of a network of technology and innovation support centers in the regions of the Russian Federation.

The delegation of Rospatent also had bilateral talks with the heads of the State Intellectual Property Office of China, the EU Office for Harmonization in the Internal Market (OHIM), the European Patent Office, United States Patent and Trademark Office, the Spanish Patent and Trademark Office, the Mexican Institute of Industrial Property, the National Board of Patents and Registrations of Finland, the Israel Patent Office and the National Institute of Industrial Property of France.

The following documents aimed at enhanced bilateral cooperation were signed in the course of the abovementioned meetings:

  • Memorandum of understanding on bilateral cooperation between the Federal Service for Intellectual Property and the EU Office for Harmonization in the Internal Market (trademarks and designs) (OHIM).

The MoU is aimed at the development of bilateral cooperation between the Offices and joint projects within the Russia-EU Partnership for Modernization, as well as joint initiatives in the field of information technologies;

  • Memorandum of understanding on bilateral cooperation between the Federal Service for Intellectual Property and the European Patent Office (EPO).

The MoU defines the main cooperation activities for the coming 4 years, including the 5 projects within the Russia — EU Partnership for Modernization, the machine translation, etc.;

  • Memorandum of understanding on bilateral cooperation between the Federal Service for Intellectual Property and the Board of Patents and Registrations of Finland (NBPR).

The MoU defines the main priorities of the development of bilateral cooperation between the Offices, including the exchange of information on the legislation in the field of legal protection of intellectual property, organization and conduction of joint events, roundtables and seminars aimed at the improvement and enhancement of the intellectual property protection systems.

During the reported year Rospatent’s representatives along with the representatives of the Ministry of Foreign Affairs of the Russian Federation took part in the 7th and 8th sessions of the WIPO Committee on Development and Intellectual Property, in the course of which the work on further integration of development into all WIPO activities was continued. One of the main components being the development of special programs in the interest of public authorities, IP system users and various social sectors aimed at increased awareness of all the layers on the role of IP in national development.

With active participation of Rospatent’s specialists in the 25th and 26th sessions of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographic Indications substantive progress was reached in respect of draft articles of the Treaty and Regulations dealing with legislation and practice in the field of industrial designs. The discussion of the issue “Information meeting on the role of Internet intermediaries in the field of trademarks” was continued. The Russian delegation, as well as the majority of other member-states supported the idea of conducting such an information meeting. The Standing Committee has expressed a number of proposals, concerning, in particular, the need to prepare a balanced set of speakers with fair geographical distribution.

In the course of consideration of the document concerning the consequences of the expansion of the area of domain names planned by the Internet Corporation on the Attribution of Names and Numbers (ICANN) the Standing Committee shared the concern of the Secretariat with the activities of ICANN on the reconsideration of the existing Universal Dispute Resolution Procedure (UDRP).

With the active participation of Rospatent in the 16th and 17th sessions of the Standing Committee on the Law of Patents issues concerning the correlation of rights in the results of intellectual activities in the field of healthcare, technology transfer and also exceptions and limitations of patent rights were discussed.

Special attention was paid to the working program on “Patents and Healthcare” proposed by the African delegation, since the issue of the impact of patents on the healthcare system is currently of major interest for developing and least developed countries. The program is aimed at capacity building of the WIPO member-states in the adaption of their patent regimes in such a way, as to use to a full extent the opportunities available in the international patent system.

Besides, the Standing Committee on the Law of Patents also considered the issue related to the improvement of the quality of patents and supported the proposal on the necessity of collection and analysis of information related to the use by the patent offices of the results of the information searches, carried out by the foreign patent offices.

In the course of 2011 the specialists of Rospatent and the Ministry of Culture of the Russian Federation participated in the meetings organized in the framework of the Standing Committee on Copyright and Related Rights (SCCR) concerning the protection of rights of broadcasting organizations, exceptions and limitations from copyrights and related rights, protection of audiovisual performances.

On November 30 — December 1, 2011 the Preparatory Committee of the Diplomatic Conference on the Protection of Audiovisual Performances took place. In the course of the meeting the draft Rules of Procedure, the list of invitees and the texts of the invitation letters, draft administrative provisions and final provisions of the Diplomatic Conference were adopted. The Reconvened Diplomatic Conference on the Protection of Audiovisual Performances will take place on June 20-26, 2012 in Beijing (the People’s Republic of China).

In the course of participation in the 18th and 19th session of the Intergovernmental Committee on the Protection of Genetic Resources, Traditional Knowledge and Folklore (WIPO/GRTKF), and also two intersessional working groups of this Committee, Rospatent has prepared during 2011 and sent to the WIPO comments on the documents discussed by the Committee and information on the Russian national experience and measures concerning the protection of traditional knowledge in particular, as objects of intellectual property was presented.

With a view to inform the interested parties on the activities of this WIPO Committee aimed at the issues of protection of traditional knowledge Rospatent participated with presentations in a number of seminars for the leaders of the regional organizations and information centers of the indigenous people of the Russian Federation. The seminars were organized by the Ministry of the Regional Development of the Russian Federation, the Russian Academy of Civil Service under the President of the Russian Federation (RAGS), the Association of Indigenous People of North, Siberia and Far East, non-commercial organization “Community of Unions of Indigenous People of North, Siberia and Far East”, Information and Education Network of Indigenous People “Liyoravetlian”, LLC “Ayris Pro”.

Rospatent also spoke at the traditional knowledge related conference (Tel-Aviv, Israel) and Interregional Expert Meeting on Traditional Knowledge for the Countries in Transition (Kosice, Slovakia) organized by WIPO in cooperation with the governments of these countries.

The Russian delegation visited the WIPO International Bureau from December 13-15, 2011 to discuss the issues of electronic exchange provided for:

  • in the Plan of Activities along the joint work in relation to the Patent Cooperation Treaty (PCT) between Rospatent and the WIPO International bureau. In particular, agreement on transition to the electronic transmittal of the notifications of the Receiving Office, PCT applications and notifications of the International Search Authority using PCT-EDI.
  • in the Memorandum of Understanding between Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) and the WIPO IB in respect of electronic transmittal of documents related to the Madrid system procedures (2011) agreement on the expansion of list of forms transmitted to the WIPO electronically within the framework of the Madrid system of international registration of marks, and also on the practical steps on cooperation within the WIPO pilot project International Registration Procedures Integration (IRPI) in order to develop, test and put into operation a system of filing international applications along the Madrid system of international registration of marks using the WIPO and Rospatent web services.

In the course of 2011 the work on the development of the Russian language WIPO Madrid database was continued in the framework of the project on inclusion of three additional languages (including the Russian language) for filing international applications along the Madrid system. The interface for this database is the “Goods and Services Manager” aimed at assisting the applicants and their representatives in drawing up the lists of goods and services.

Due to the interest of applicants and potential rights holders in the issues of use and development of the Madrid system of international registration of marks, a number of seminars on the Madrid system of international registration of marks was held in 2011 jointly with WIPO in Kaliningrad and Sochi.

On March 15-17, 2011 Rospatent hosted the 18th ordinary session of the Meeting of International Authorities under the PCT (MIA) with the participation of representatives of sixteen foreign patent offices that are International Search Authorities and International Preliminary Examination Authorities.

Representatives of the WIPO, Austria, Australia, Brazil, Canada, China, EPO, Egypt, Finland, Japan, Israel, Nordic Patent Institute, Spain, Republic of Korea, Russia, Sweden, and USA participated in the work of the meeting.

The representative of WIPO reported the statistics and trends of PCT filing and examination in various countries. The representative of Rospatent presented the structure and main directions of activities of the office and the representatives of FIPS presented the quality management system and the information search system PatSearch used by the examiners.

The session was devoted to the main issues of concern related to the improvement of quality of the international search and the international preliminary examination, enhanced cooperation between the International Authorities and technical issues of exchange of information and standardization. The most important issues of the agenda were the consideration of the necessary measures aimed at the improvement of quality of the outgoing PCT products and strict observance of the deadlines of the flow of PCT international application, decrease of the fees, elimination of reservations on application of certain articles, creation of a system of third party observations on international search reports and search and examination quality feedback system between search authorities and the selected offices, review of the PCT minimum documentation.

Within the scope of WIPO projects on the improvement of the International Patent Classification (IPC) within the year 2011 Rospatent has came up with initiatives on the IPC review and comments on the proposals of the foreign patent offices dealing with the projects on the review of classification schemes of IPC subclasses, as well as projects on the creation of definitions of the IPC subclasses.

Preparation and Russian language electronic publication of the new IPC 2012.01 version for internal use and web based publication for external users of patent information were carried out.

Rospatent has also carried out works related to the improvement of WIPO standards. During the year 2011 Russian translations of the updated in respect of IPC information provision texts of WIPO standards ST.10/C and ST.8 were prepared. The ST.3.standard was regularly updated due to the changes of certain country codes. A survey of current situation at Rospatent related to the use and promotion of the ST.22 standard was conducted, certain steps were undertaken in order to promote its wider use.

Rospatent specialists — members of an ad-hoc working group created within the office actively participated in the preparation of the new WIPO standard ST.96 related to the joint XML format for filing, publication, processing and inter-office exchange of documentation in electronic form on patents, trademarks and industrial designs.

On April 20-22, 2011 on the margins of the World Intellectual Property Day the Director General of the World Intellectual Property Organization Francis Gurry visited Moscow as a guest of the Government of the Russian Federation.

In the course of the visit Francis Gurry had a working meeting with the Director General of Rospatent and discussed the main activities of further bilateral cooperation between Rospatent and WIPO, in particular, concerning the preparation of the Memorandum of Understanding on the Creation of Technology and Innovation Support Centers (TISC) in the regions of Russia, exchange of patent documentation, including inventions, utility models, industrial designs and trademarks. Francis Gurry also visited the Russian State Academy of Intellectual Property (RGAIS), where he gave a lecture for RGAIS students, post-graduates and professors and responded to a number of questions of the audience.

Working meetings with the Minister of Education and Science of the Russian Federation Andrey Fursenko, the Deputy Minister of Culture of the Russian Federation Ekaterina Chukovskaia, the First Deputy Minister of Foreign Affairs of the Russian Federation Andrey Denisov and the President of the Chamber of Commerce and Industry of the Russian Federation Sergey Katyrin were also held in the framework of the visit.

The key event of the visit was the meeting of Francis Gurry with the Prime Minister of the Russian Federation Vladimir Putin, in the course of which a number of arrangements on further development of cooperation between the Russian Federation and the WIPO was made.

On July 11-22, 2011 the GOU VPO “Saint-Petersburg State University of Information Technologies, Mechanics and Optics” hosted the WIPO WA Summer School on Intellectual Property. The training along a unique training program covering all the aspects of intellectual property was offered to 64 participants comprising young teachers, students, IP lawyers and legal consultants, economists, patent attorneys and their assistants, patent-licensing managers, paralegals. In the course of the training the young professionals and senior students were provided with an opportunity to deepen their knowledge in the field of intellectual property, evaluate intellectual property as a tool of economic, social, cultural and technological development, show the role of WIPO in the global administration of intellectual property.

3.2. Cooperation with International Organizations

3.2.1. Asian-Pacific Economic Cooperation (APEC)

A project on "Enhancing APEC Capacity Building for Intellectual Property Protection and Utilization: Training for Trainers" initiated by the Federal Service for Intellectual Property was successfully finalized in September 2011. A final report of the project containing comparative analysis of the existing capacity building practices in APEC economies, the results of the event on training for trainers and the conclusions and recommendations on further development of training for trainers in APEC economies was prepared upon the results of the project.

In the course of the reported year the representatives of the Federal Service for Intellectual Property participated in the 32nd and 33rd meetings of the Intellectual Property Rights Expert’s Group of the APEC Committee on Trade and Investment (IPEG). A new project proposal “Training for Trainers on Intellectual Property: Issues Management and Commercialization” initiated by the Federal Service for Intellectual Property as a follow-up to the previous project was presented at the 32nd IPEG meeting. The proposal received wide support of the APEC economies. The People’s Republic of China and the Socialist Republic of Viet Nam expressed interest in cosponsoring the proposal. The project proposal was endorsed by the economies intersessionally. The expected date for the finalization of the project is September 2012.

2012 is the year of the Russian Presidency in the APEC Forum. One of the outlined presidency priorities is the “Intensive Cooperation to Foster Innovative Growth”. In the course of the reported year Rospatent took active part in the preparation of the substantive proposals of the presidency.

3.2.2. Eurasian Economic Community (EurAsEC)

Rospatent continued to take part in the implementation of certain activities within the EurAsEC aimed at the establishment of the Common Economic Space of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation (hereinafter — the CES).

The development of the integration processes between the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation presupposes the unification of the principles of regulation in the field of legal protection and enforcement of the results of intellectual activities and means of individualization of the goods, works and services that are protected according to the national legislation of the Parties.

In this respect in the first quarter of 2011 Rospatent’s specialists participated in the preparation of the documents necessary for the ratification of the Agreement on Single Principles of Regulation in the Field of Legal Protection and Enforcement of Intellectual Property Rights that was developed in the framework of the Plan of Activities on the Establishment of Common Economic Space and entered into force on January 1, 2012.

In compliance with the calendar plan of implementation of the agreements forming the CES adopted by the decision of the Commission of the Customs Union of April 7, 2011 #599 in May–June 2011 Rospatent’s specialists elaborated a concept paper and a draft international treaty on single mechanisms (principles) of registration of trademarks and appellations of origin of goods (geographic indications), that was further on considered by the Sub-commission on Intellectual Property of the Governmental Commission on Economic Development and Integration and by an interoffice meeting at the Ministry of Education and Science of the Russian Federation. Along the proposal of Rospatent and due to strict deadlines set in the abovementioned calendar plan the draft Treaty on single mechanisms (principles) of registration of trademarks and appellations of origin of goods (geographic indications) was discussed and agreed upon with the representatives of the Republic of Belarus and the Republic of Kazakhstan by videoconferences in the December of 2011. In the end of 2011 Rospatent has sent the agreed draft Treaty to the Ministry of Education and Science of the Russian Federation for further transmittal to the Secretariat of the Integration Committee of the EurAsEC.

In the course of the year the specialists of Rospatent along with their colleagues from the patent offices of the Republic of Belarus, Republic of Kazakhstan, Republic of Kyrgyzstan and the Republic of Tajikistan participated in the activities of the Council on the Issues of Intellectual Property of the Integration Committee of the EurAsEC. The Director General of Rospatent is the member of the Council on the Issues of Intellectual Property of the Integration Committee of the EurAsEC.

In the first quarter of 2011 in compliance with the decision of the fourth session of the Council Rospatent with the active participation of the national patent offices collected statistical data on the industrial property objects in the EurAsEC countries. The analysis of the provided statistics allowed obtaining a clear vision of the patent situation in the EurAsEC members, in particular, dynamics of patenting, distribution of patents by industries and by patent holders.

Meeting of the Council on the Issues of Intellectual Property of the Integration Committee of the EurAsEC took place in Moscow on 9 June and December 13, 2011. In the course of the meeting the specialists of Rospatent participated in the consideration of the draft Agreement on the Single Standard of Turnover of Intellectual Property Objects within EurAsEC, draft Agreement on Legal Protection and Enforcement of Intellectual Property Rights in the EurAsEC Member-States, took decisions on the amendment of the working plan of the Council and other organizational issues.

3.2.3. European Union (EU)

Within the Russia-EU intellectual property rights dialogue provided for in the Section 1.3. of the Roadmap of Common Economic Space of Russia and EU, the 10th joint meeting of experts of the Russia-EU IP Dialogue took place at Rospatent's premises on October 12, 2011. The meeting combined the representatives of the European Commission DG Trade, the EU Delegation to the Russian Federation, Rospatent, the Ministry of Internal Affairs of the Russian Federation, the Ministry of Economic Development of the Russian Federation, the Ministry of Culture of the Russian Federation, other federal executive authorities, and business community.

The two sides discussed the issue of the planned amendments to Part IV of the Civil Code of the Russian Federation, the issues of intellectual property within the establishment of the Customs Union and the Common Economic Space of Belarus, Russia and Kazakhstan and the administrative regulations governing the execution of the state functions of Rospatent. Within the enforcement related agenda item the two sides exchanged statistical information and information on the measures on combating piracy and counterfeiting and prevention of infringements on the Internet.

The two sides noted the high efficiency of the seminars conducted within the TAIEX program and agreed upon the continuation of such cooperation.

With an aim to implement the joint Russia-EU Partnership for Modernization initiative Rospatent initiated the elaboration of specific proposals on the priority directions of bilateral cooperation with the interested European institutions — the European Patent Office (The EPO) and the Office for Harmonization in the Internal Market (OHIM).

3.2.4. European Patent Office (EPO)

An important step in the development of cooperation between the European Patent Office (The EPO) and the Federal Service for Intellectual Property in 2011 is the signature of the Memorandum of Understanding on Bilateral Cooperation that took place on September 27, 2011 in Geneva (Switzerland) in the course of bilateral meeting of Rospatent Director General Boris Simonov and the EPO President Benoit Battistelli on the margins of the 49th series of the WIPO Assemblies. The MoU covers a 4 year period and aims at the establishment of a comprehensive and flexible mechanism for the further development of cooperation in the field of intellectual property. A Working program for the years 2012-2013 was drafted by the parties for the effective implementation of the envisaged activities.

Cooperation on the improvement of the national segment of Espacenet was continued; in particular, on May 16-19 Rospatent hosted an event co-organized by the EPO for the specialists of Rospatent and the EAPO “Local Upload of Data for the Purposes of the Espacenet Database”. Rospatent actively uses the Global Patent Index (GPI) and EpoqueNet databases. The FIPS examiners gave a very high evaluation to the “Work in the EpoqueNet Database” training program organized at Rospatent on May 23-27.

The year 2011 was also marked with the development of cooperation with the EPO Academy on the issues of education and professional training of the examiners. In particular, the two sides organized thematic study visits of the state intellectual property examiners to the EPO headquarters devoted to “Training on conduction of search, including the PCT aspects”, “Procedures for consideration of oppositions and the work of the EPO Appeal Council”, “GPI and MIMOSA. Search of Patent documents using GPI”, “Search and Examination of Applications for European Patents”.

In the reported year Rospatent and the EPO have initiated joint work in the field of automated machine translation, and cooperation on joint proposals in one of the priority directions of the Russia — EU Partnership for Modernization joint initiative.

3.2.5. Cooperation with the EU Office for Harmonization in the Internal Market (Trademarks and Designs)

A number of activities aimed at the development of bilateral cooperation of Rospatent with the EU Office for Harmonization in the Internal Market (Trademarks and Designs) (OHIM) was carried out in 2011.

On June 29, 2011 a working meeting of Director General of Rospatent Boris Simonov and the OHIM President Antonio Campinos took place at the OHIM headquarters at Alicante (Spain). In the course of the meeting the two sides signed a Memorandum of Understanding between the United States Patent and Trademark Office, the Japan Patent Office, the OHIM and Rospatent, and also discussed the issues of further interaction, in particular within the Russia-EU Partnership for Modernization and cooperation in trademark and design data exchange.

On September 28, 2011 on the margins of the 49th series of the WIPO Assemblies (September 26 — October 5, 2011, Geneva, Switzerland) the two sides signed a Memorandum of Understanding on Bilateral Cooperation. The MoU identifies the main directions of cooperation between Rospatent and OHIM in the field of legal protection of trademarks and designs, in particular in respect of statistics, data exchange and document exchange, electronic systems and interaction with private sector.

3.3. Bilateral Cooperation

In 2011 Rospatent continued the work within the Russian-French Working group on the protection of intellectual property and fight against counterfeit products created under the Russian-French Council for Economic, Financial, Industrial and Commercial Issues (CEFIC).

The sixth meeting of the working group took place in May with the participation of Rospatent, the Federal Customs Service, the Federal Service Supervising the Alcohol Market and the Trade Representation of the Russian Federation in Paris from the Russian side, and the representatives of the Ministry of Economy and Finance, the Ministry of Agriculture and Fishery, the Ministry of Foreign Affairs, the National Institute of Origin and Quality (INAO), the National Institute of Industrial Property (INPI), Customs, Embassy of France to Russia, the European Commission, and the following companies: National Union of Producers of Champaign Wines (CIVC), National Union of Cognac Producers (BNIC), Sanofi pharmaceutical company, etc. from the French side.

The meeting was held under the co-chairmanship of the Director General of Rospatent Boris Simonov — the head of the Russian side of the working group and the Deputy Director for Bilateral relations of the General Department of Treasury of the Ministry of Economy and Finance of the French Republic Antoine Cheri.

In the course of the meeting the two sides exchanged information on the practice of fight against counterfeit products, its legislative and law enforcement aspects.

The following results were reached in the course of the sixth session of the Russian-French working group: the need for continued mutual dialogue was underlined; the expediency of creating special subgroups on the most important topics:

а) combating counterfeiting in the field of pharmaceuticals;

b) cooperation in the field of turnover of wines and spirits;

c) cooperation in the field of legal protection of appellations of origin of goods and geographic indications;

d) strategic issues of combating counterfeiting (customs, courts, police, etc.). The two sides confirmed the efficiency of having regular meeting of stakeholders for the mutual elaboration of joint position, including intersessional meetings.

On March 28, 2011 in the framework of Russia-Spain/Spain-Russia cross-year at the Forum of the leading brands of Spain held in Moscow the Director General of Rospatent Boris Simonov and the President of the Spanish Patent Office Ms. Amparo Fernandez signed the Memorandum of Understanding on the Pilot Project of Patent Prosecution Highway (PPH). The MoU provides for the use of PCT international phase work products as a basis for PPH procedures. The PPH pilot project started on April 4, 2011.

Besides, within the Forum the Federal Service for Intellectual Property was awarded with the “Friends of Brand of Spain” award.

On November 1-3, 2011 the meeting of Director General of Rospatent Boris Simonov and the Director General of the Spanish Patent and Trademark Office (SPTO) Alberto Casado Cervino took place at the premises of Rospatent. The representatives of the Rospatent, FIPS and SPTO also participated in the meeting.

In the course of the meeting the two sides signed the Memorandum on Bilateral Cooperation between Rospatent and the SPTO and discussed the main directions for the development of interaction between the Offices in main priority areas. Besides, Rospatent specialists presented the professional information search system used in the course of the examination of inventions and utility models PatSearch. The SPTO presented the electronic paper flow system ALFA.

On August 22-24, 2011 the first meeting of the Russian-Mexican Working Group convened in compliance with the decisions of the Joint Statement of the Ministers of Foreign Affairs of the Russian Federation and the United Mexican States adopted on June 28, 2011 in Moscow took place in Mexico.

The Russian side was represented with the Federal Service for Intellectual Property, the Ministry of Economic Development of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, Rosalkogolregulirovanie and the Embassy of Russia to Mexico. The Mexican side was represented with the Ministry of Economy, the Ministry of Foreign Affairs, the Mexican Institute of Industrial Property, Tequila Regulatory Council, National Board of Tequila Producers, and the Mexican Mescal Quality Regulatory Council.

The two sides discussed the issues related to the denominations of the alcohol drinks “tequila” and “mescal” in draft normative documents governing the turnover of the alcohol products and the issues of protection of the indications “tequila” and “mescal” on the territory of the Russian Federation.

In the course of the meeting a Memorandum of Understanding between the Federal Service for Intellectual Property (Russian Federation) and the Mexican Institute of Industrial Property was signed on August 24, 2011.

On September 1, 2011 the agreement between the Government of the Russian Federation and the Federal Council of the Swiss Confederation on the Protection of Geographical Indications and Appellations of Origin of Goods has entered into force. The Federal Service for Intellectual Property and the Swiss Federal Institute of Intellectual Property will be performing the functions of the Competent Authorities responsible for the implementation of the Agreement.

In the course of 2011 the document called “Main Technical and Procedural Issues” was finalized; the document being an annex to the Agreement between the Federal Service for Intellectual Property (Rospatent) and the United States Patent and Trademark Office (USPTO) in respect of the activities of Rospatent as a International Search Authority (ISA) and a International Preliminary Examination Authority (IPEA) within the Patent Cooperation Treaty (PCT) for the international applications received by the USPTO. As of January 1, 2012 Rospatent starts performing the functions of an International Search Authority and an International Preliminary Examination Authority for US applicants.

On September 19-21, 2011 a three day study visit of examiners from the Israel Patent Office took place at Rospatent. The study visit was devoted to the issues of examination of international applications for inventions under the Patent Cooperation Treaty (PCT).

The specialists of the Israel Patent Office noted the high level of quality control at Rospatent, which in their opinion has a positive impact on the quality of patents, and mentioned that the practical issues learned out in the course of the visit would help find solutions in respect of many outstanding issues of international applications’ examination.

Cooperation with foreign patent offices within the Patent Prosecution Highway (РРН), to which Rospatent acceded in 2009 received further development in 2011.

As of March 1, 2011 the pilot PPH project between Rospatent and the National Board of Patents and Registrations of Finland is in force.

Thus, the number of Rospatent PPH partners amounts to five, i.e. Republic of Korea, Japan, Spain, USA and Finland; where the pilots with the patent offices of USA, Spain and Finland allow for the use of the PCT international phase work products as a basis for PPH procedures.

On July 15, 2011 the MOTTAINAI PPH pilot program started with the participation of: JPO (Japan), USPTO (USA), UK-IPO (United Kingdom), CIPO (Canada), IP Australia (Australia), NBPR (Finland), ROSPATENT (Russia) and SPTO (Spain).

The program is aimed at the liberalization of the conditions for the filing of the request for the examination of the application for an invention under the PPH program. According to the PPH — MOTTAINAI program the PPH request may be filed to the Office of Later Examination (OLE) using the results of the Office of Earlier Examination (OEE) given that the OLE and OEE have PPH — MOTTAINAI agreement. Thus, the notions of the Office of First Filing and the Office of Second Filing are eliminated, which in the opinion of the PPH participants makes the program more attractive and allows increasing the number of the filed requests.

Presently, Rospatent has bilateral РРН — MOTTAINAI arrangements with the patent offices of Japan, USA, Finland and Spain.

During 2011 in the framework of implementation of the Complex Rospatent’s Development Plan works aimed at the improvement of the quality of the technological support of the flow of applications for inventions participating in the PPH program and the information support of the PPH development were carried out. A “Technology of the flow of the consideration of the applications for Russian Federation invention patents under the Patent Prosecution Highway Pilot Project” was developed and adopted, draft documents necessary for the new PPH — MOTTAINAI were elaborated. The FIPS website was restructured and updated in respect of Rospatent’s participation in the PPH program.

In the implementation of bilateral Patent Prosecution Highway Pilot project related arrangements on the exchange of experience and specialists in the field of legal protection of intellectual property Rospatent was visited by the examiners from the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO). In the course of the visits the specialists of the foreign patent offices were made familiar with the main provisions of the Russian patent legislation, practice of examination of corresponding applications for inventions and the information and search systems available at Rospatent, in particular, the PatSearch system.

During 2011 the examiner exchange program with the German Patent Office was continued, in the course of which the FIPS representatives were able to get acquainted with the structure of the office, the search tools and the practice of invention applications examination.

3.4. Cooperation with the CIS Countries

During 2011 Rospatent continued the bilateral and multilateral work with the patent offices of the CIS countries along the agreed cooperation directions.

In the first quarter of 2011 the specialists of Rospatent and the National Center of Intellectual Property of the Republic of Belarus continued the work on the draft Protocol between the Government of the Russian Federation and the Republic of Belarus on the protection, distribution and transfer of rights in the results of intellectual activities to the Agreement on Scientific and Technical Cooperation of February 27, 1996. In February 2011 Rospatent has sent the developed draft to the Ministry of Education and Science of the Russian Federation for further consideration and submission to the heads of the Russian Ministry and the State Committee on Science and Technology of the Republic of Belarus.

An important result of the work of Rospatent specialists within the CIS Executive Committee was the Decision of the Council of the Heads of the GIS Governments of May 19, 2011 “On the attribution to the state educational institution of higher professional education “Russian State Academy of Intellectual Property” of the status of the basic organization of the CIS states in the education, professional training and re-training in the field of intellectual property” with a view to promote the organizational, methodological and human capital support in the field of intellectual property with due account to the needs of the integration development of the CIS member-states.

The main functions of the basic organization being:

  • educational services in the field of education in the specialization “Jurisprudence” and “Economics and Management” with bias on the intellectual property issues, professional retraining and training of specialists in the field of intellectual property;
  • elaborating methodology and techniques for education, training and professional retraining in the field of intellectual property with due account to the needs of the integration development of the CIS member-states;
  • preparing recommendations on the improvement of cooperation in the field of education, training and professional retraining in the field of intellectual property in the CIS member-states.

A Program of activities for the implementation of the decision on the attribution of the status of the basic organization and the Regulation of work of the Public council of the basic organization were prepared in order to ensure the fruitful work of the basic organization. The Public council comprises senior management of the patent offices of the CIS member-states.

On April 21-22, 2011 (Astana, Kazakhstan) the delegation of Rospatent took part in the ordinary session of the Coordination council of the Project on Commercial Scale Issue of the Regional Patent Information Product of the CIS Countries on CD-ROMs.

In the course of the meeting the specialists of Rospatent presented the report on the results of the Commercial Scale Issue of the Regional Patent Information Product of the CIS Countries on CD-ROMs (CISPATENT) and mentioned, in particular, that 12 monthly discs of the regional patent information product CISPATENT, CISPATENT ACCESS (cumulative index) disc and the 2010 annual disc of the regional patent information product CISPATENT were published in 2010. All the 14 discs were sent to the participants of the project. Along the proposal of Rospatent specialists the possibility of using the MIMOSA technology for the restoration of the back files of each Office and the planned expenses for the preparation and issue of the disc in 2011 were considered.

An important event in the reported year was the entry into force on August 1, 2011 of the Agreement on 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 (hereinafter — MGSIS). From the date of the entry into force of this agreement the Agreement on Cooperation in the Prevention of Infringements in the Field of Intellectual Property of March 6, 1998 and the Agreement on the Measures for the Protection of Industrial Property and the Creation of the Interstate Council on the Issues of Protection of Industrial Property (MGSOPS) of March 12, 1993 are no longer in force. Henceforth, the MGSIS is the legal successor of the MGSOPS and the Joint Working Commission of the Member-States of the Agreement on Cooperation in the Prevention of Infringements in the Field of Intellectual Property (SRK), it combines their functions and expands the scope of competence to the sphere of copyright and related rights.

The Decree of the Government of the Russian Federation of September 7, 2011 #1556-p appoints the Director General of Rospatent as the plenipotentiary representative of the Russian Federation in the Interstate Council on the Issues of Legal Protection and Enforcement of Intellectual Property

On September 7-9, 2011 (Minsk, the Republic of Belarus) the delegation of Rospatent headed by the Director General of Rospatent, the plenipotentiary representative of the Russian Federation, the Chairman of the MGSOPS Boris Simonov took part in the 20th joint meeting of the MGSOPS and the SRK, which was at the same time the organizational session of the MGSIS.

The representatives of the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, the CIS Executive Committee and the observers from the Eurasian Patent Office, the WIPO, the European Patent Office and Georgia participated in the meeting.

In the course of the meeting along the active participation of the representatives of Rospatent the draft Regulation of the MGSIS was under discussion. A decision on the efficiency of having within the framework of the MGSIS a Working commission on the issues of copyright and related rights, a Working commission on the issues of industrial property and a Working commission of combatting infringement in the field of intellectual property. Draft bylaws of the Working commissions were also considered.

In the course of the mentioned meeting the chairman of the MGSOPS Boris Simonov made a report on the activities of MGSOPS for the period from 1993 to 2011. Upon the results of the discussion the participants of the meeting took a decision to approve the activities of the MGSOPS and send the report the CIS Executive Committee for the consideration at the Commission for Economic Issues of the CIS Economic Committee.

On December 1, 2011 the participants of the meeting of the Commission for Economic Issues of the CIS Economic Committee approved the activities of MGSOPS outline in the report and proposed to submit the mentioned materials for the consideration of the CIS Economic Committee.

3.5. Cooperation with the Eurasian Patent Organization (EAPO)

During the reported year Rospatent continued the cooperation with the Eurasian Patent Office of the Eurasian Patent Organization (EAPO) in the framework of the Standing working group on information technologies of the EAPO Administrative Council. The specialists of Rospatent took part in the activities on the preparation and implementation of the pilot project of electronic filing of the Eurasian applications filed through national patent offices of the EAPO member-states. In particular, working meetings of the EAPO and Rospatent representatives were held with a view to discuss the issues of electronic paper flow between the national patent office and Rospatent, in the course of which the representatives of Rospatent presented the description of the processed of treatment of the Eurasian applications in the office, technical requirements and source data for the automation of these processes.

Within the year 2011 in compliance with the Program of study visits to the EAPO of the national patent offices of the Eurasian Patent Convention the examiners of Rospatent participated in the program “Examination of Eurasian Applications and Grant of Eurasian Patents” and “Information Technologies used at the Eurasian Office”.

In October 2011 the representatives of Rospatent took part in the sixteenth session of the Budget working group of the EAPO Administrative Council.

In June and November 2011 the delegation of Rospatent headed by the Director General of Rospatent, the plenipotentiary representative of the Russian Federation in the EAPO Administrative Council Boris Simonov took part in the work of the 24th (seventh extraordinary) and the 25th (eighteenth ordinary) session of the EAPO Administrative Council.

In the course of the meetings the representatives of Rospatent took active participation in the discussion of the development strategy of the Eurasian Patent Organization aimed at further strengthening of the organization, maintenance of its human capital for the purposes of the innovative development of the economies of the EAPO member-states, and participated in the consideration of the amendments and alterations to the documents governing the EAPO activities. Upon the results of discussions amendments to the Administrative Regulations and the “Staff Regulations of the Eurasian Patent Office” were introduced.

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

In 2011 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.

1023 international applications were received during 2011 for the conduction of international search (187 of them were filed with the receiving offices of Azerbaijan, Armenia, Belarus, Bulgaria, Georgia, Hungary, EAPO, Kazakhstan, Latvia, Lithuania, Moldova, Ukraine, Viet Nam and the WIPO International Bureau as a receiving office). In respect of 91 international applications requests for conduction of international preliminary examination were received (27 of them in respect of applications filed with receiving offices of countries other than Russia).

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 22 search reports with the examination decisions at the requests of the patent offices of developing countries in 2011.

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 26 international applications filed by applicants from the Germany, Russia, USA, Czech Republic and Sweden.

Rospatent has also conducted information searches in respect of national and regional applications in compliance with bilateral agreements.in the year 2011 report on international type searches were prepared in respect of 11 applications filed with the CIS patent offices (Tajikistan and Kyrgyzstan), in respect of 670 Eurasian applications reports on international type searches and also reports on searches upon the Russian language collections and 12 examination opinions were sent to the EAPO.

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 936 applications in 2011.

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 the Table 3.6.

Table 3.6

Indices

2007

2008

2009

2010

2011

Number of applications received for international search

797

861

780

889

1023

Number of requests for international preliminary examination

132

101

69

80

91

Number of applications received for the conduction of supplementary international search

14

40

26

Number of reports on the international type search prepared:

at the request of the CIS countries

251

272

683

414

11

at the request of the EAPO

681

698

674

655

670

at the request of the TPI

659

553

636

613

936

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.

1062 international applications were submitted to Rospatent as a receiving office in 2011. 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 (963 applications), in respect of 99 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 2011 was 150, i.e. 14,1 % 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 2011 by the Russian applicants amounted to 188.

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

Table 3.7

Indices

2007

2008

2009

2010

2011

Number of international applications received

758

819

762

823

1062

Number of international application filed using the PCT-SAFE

110

114

122

84

150



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