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Annual report of Rospatent 2012 (Section 3)

 
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The 2012 international cooperation of Rospatent like in 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 organizations and foreign counterparts. It should be noted that in 2012 this work was conducted in the light of activities related to the Russia’s WTO accession and the start of the functioning of the Customs Union and the Joint Economic Space (Republic of Belarus, Republic of Kazakhstan and the Russian Federation).

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 Russian Federation is party to the following international treaties administered by WIPO (table 3.1).

Table 3.1

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 WIPO and 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 2012 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 50th series of the Assemblies of WIPO member-states that took place in Geneva on October 1-9, 2012.

According to the agenda of the Assemblies a number of important issues were considered including the financial statements for the year 2011, report of the Beijing Diplomatic Conference on the protection of audiovisual performances, etc.

In the framework of a Memorandum signed by WIPO and Rospatent a project on the creation of network of Technology and Innovation Support Centers (TISC) is being carried out since September 2011. The activities of TISCs are aimed at ensuring and facilitating access of innovators to high quality technical information, and also increasing efficiency of the use of patent information in a number of developing countries, in the regional and sub-regional centers of scientific and technical information. 78 TISCs are currently operating in the Russian regions. The centers are providing services of access to specialized patent databases and innovative capacity building.

The delegation of Rospatent also engaged in bilateral meetings with the heads of intellectual property offices of United Kingdom, Vietnam, China, Singapore, Syria, USA, Thailand, Chile, Switzerland and also the European Patent Office and the Office for Harmonization in the Internal Market. In the course of the meetings specific attention was paid to the issues of further development of bilateral and multilateral cooperation, exchanging positions on the international intellectual property agenda, implementation of joint projects, aimed at the improvement of the provided services to the users of the protection systems and conduction of joint events.

In the course of the meeting with the Chinese State Intellectual Property Office (SIPO) the two sides have signed an Agreement on the exchange of information between the Federal Service for Intellectual Property and the State Intellectual Property Office of the People’s Republic of China.

Besides, the first meeting of the Heads of the BRICS intellectual property offices took place on the margins of the 50th series of WIPO assemblies.

In the course of the meeting the parties exchanged opinions on the modalities of further interaction, discussed the issues of global intellectual property agenda, and noted the need for enhanced cooperation between the offices and the continuation of cooperation on a regular basis.

Along the year Rospatent’s representatives with the MFA of Russia took part in the 9th and the 10th sessions of the WIPO Committee on Development and Intellectual Property, at which the work on the integration of development aspects into the WIPO activities was continued. One the main components being the development of special programs in the interest of public bodies, users of IP system and various non-governmental sector aimed at the awareness of all the layers of society of the role of intellectual property in the national development.

On January 31, 2012 Rospatent’s representatives took part in the 1st session of the Working group on the revision of the model international Form 1 adopted in the framework of the Singapore Treaty on the Law of Trademarks in accordance with rule 3 (4)-(10) of the Regulations under the Singapore Treaty on the Law of Trademarks, that have entered into force as of November 1, 2011.

Active participation of Rospatent’s specialists at the 27th and 28th sessions of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications helped to achieve substantial progress in the work on the draft articles of the Treaty and rules of the Regulations on the legislation and practice in the field of industrial designs.

The committee also considered the document SCT/27/4 “Study on the Potential Impact of the Work of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications on Industrial Design Law and Practice”. The results of the study demonstrate the improvement of the legal regulation of the intellectual property issues after the adoption of a number of international instruments.

The Committee continued the consideration of the issue “Protection of country names from the registration and use as trademarks”. Upon the results of the discussion of the documents a decision to request the Secretariat to conduct a study of the issue of protection of country names and present it at the 29th session of the Committee has been taken.

Rospatent actively participated in the 18th session of the Standing Committee on the Law of Patents where issues related to exceptions and limitations from patent rights, patent quality, including the opposition procedures, patents and health, confidentiality of communications between clients and their patent advisor and transfer of technology were considered.

SCP also considered the issue related to improving the quality of patents and supported the proposal of collection and analysis of information regarding the use by national patent offices of the results of searches carried out by foreign patent offices.

In the course of 2012 Rospatent and the Ministry of Culture of the Russian Federation participated in the events related to the Standing Committee on Copyright and Related Rights devoted to the issues of protection of rights of broadcasting organizations, exceptions and limitations from copyright and related rights, protection of audiovisual performances.

On June 20-26, 2012 the delegation of the Russian Federation headed by Boris Simonov took part in the Reconvened Diplomatic Conference on the Protection of Audiovisual Performances (hereinafter – the Conference) that was held in Beijing.

The Conference resulted in the adoption of an international instrument on the protection of intellectual property of the performers of audiovisual works, in particular cinema and television actors. The treaty provides legal protection to the performers in respect of their audiovisual performances ensuring better international legal framework for the protection of their rights. It ensures for the first time the protection of the rights of performers in the digital environment, thus, constituting a next stage in the development of the system of legal protection of copyright and related rights.

The treaty will enter into force when ratified by 30 eligible parties.

In December 2012 Rospatent’s representatives took part in the Forty Second (22nd extraordinary) session of the WIPO General Assembly, which resulted in a decision to convey a Diplomatic Conference on the exceptions and limitations for the benefit of visually impaired/print disabled persons in June 2013 in Marrakech (Morocco).

Besides, on December 18, 2012 the Preparatory Committee to the Diplomatic Conference took place. In the course of the meeting the draft Rules of Procedure, the list of invitees and the text of the invitation letters, draft Administrative and Final Provisions were approved.

In the course of the 20th, 21st and 22nd sessions of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (WIPO/GRTKF) in 2012 Rospatent drafted and submitted to WIPO comments to the documents under the discussion of the Committee.

In conformity with the 2011-2012 Assemblies mandate the Committee has elaborated the texts of the documents related to the protection of genetic resources, traditional knowledge and folklore and submitted for the consideration of the WIPO General Assembly (October 2012).

Further to the 2012-2013 mandate, the Committee will continue the negotiations in order to finalize the work on the texts of the international legal instruments aimed at ensuring effective protection of genetic resources, traditional knowledge and folklore.

In order to inform the interested parties on the work of the Committee on the protection of traditional knowledge Rospatent participated in a number of seminars. During June 2012 – a seminar for the representatives of the indigenous communities of the Russian Federation held by the office of the UN High Commissioner for Human Rights and the subregional non-governmental organization “Information and Education Network of Indigenous People “Liyoravetlian” in Moscow at the Peoples’ Friendship University of Russia, and in September – at the Regional symposium on traditional knowledge and digitization of the intangible cultural heritage co-organized by WIPO and the patent office of Hungary in Budapest. The representatives of Bulgaria, Hungary, Georgia, Kyrgyzstan, Lithuania, Moldova, the Russian Federation, Romania, Slovenia and Turkey took part in the event.

On April 30 - May 4, 2012 Rospatent’s representatives took part in the second session of the WIPO Committee on Standards (CWS).

The agenda of the meeting included, in particular, the following issues: consideration of the special rules of procedure of the CWS and the list of its main goals, proposals of the new St.96 Standard and the revision of the St.14 standard, approval of the Roadmap on the adoption of WIPO standards related to XML, issue of electronic treatment of trademark elements, including the revision of St. 67 standard, color management and the online publication, etc.

In the course of 2012 the delegation of Rospatent participated in an observer capacity in the session of the Working Group on the Legal Development of the Hague System of the International Registration of Industrial Designs (November 5-7, 2012, Geneva) and the Working Group on the Legal Development of the Lisbon System (appellations of origin of goods) (December 3-7, 2012, Geneva).

During 2012 the work on the elaboration of the Russian language interface of the WIPO online service “Goods and Services Manager” was continued in the framework of the project on the introduction of additional filing languages (including Russian language) under the Madrid system, which aims at helping the applicants in drawing up lists of goods and services.

In the light of the development of the Russian Federation Intellectual Property Strategy, a Regional seminar “Development of National Strategies in the Field of Intellectual Property” took place at the premises of the Federal Service for Intellectual Property (Rospatent) on November 22-23, 2012. The seminar was co-organized by Rospatent and the World Intellectual Property Organization (WIPO).

The seminar brought together more than 80 IP specialists from various ministries and bodies, including the representatives of the CIS patent offices.

The seminar focused on the discussion of the revised Guide on the development of intellectual property strategies in countries in transition, prepared by the WIPO Division for Certain Countries in Europe and Asia.

A seminar “Strategic use of trademarks in business development and the Madrid system of international registration of marks” (Chelyabinsk, April 25-26, 2012) was conducted in cooperation with WIPO.

On July 16-27, 2012 the GOU VPO “Saint-Petersburg State University of Information Technologies, Mechanics and Optics” hosted the WIPO WA Summer School on Intellectual Property. The training on a unique training program covering all the aspects of intellectual property was offered to 69 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)

The reported year was the year of Russian presidency in the APEC. The following priorities were outlined by Russia for the presidency: trade and investment liberalization, regional economic integration, strengthening food security, establishing reliable supply chains, intensive cooperation to foster innovative growth. In the context of the latter priority the specialists of Rospatent have developed and presented in the course of the 34th meeting of the Intellectual Property Rights Expert’s Group (IPEG) of the APEC Committee for Trade and Investment two initiatives:

  • “Promoting common approaches to education and training in the field of intellectual property in APEC economies” elaborated by Rospatent in cooperation with the Russian APEC Study Center. The initiative was co-sponsored by Japan and Mexico. It is aimed at harmonization of IP education through establishing common approaches.
  • “Enhancing Cooperation in the Field of Intellectual Property Enforcement” elaborated in cooperation with the Ministry of Interior, the Federal Customs Service and the Russian APEC Study Center. The initiative is aimed at promoting more effective cooperation of customs, law enforcement bodies and rightsholders.

Both initiatives received wide support from APEC economies and were endorsed at the 35th IPEG meeting in Kazan.

In the course of 2012 an APEC project “Training for Trainers on Intellectual Property Issues: Management and Commercialization” was implemented under the guidance of Rospatent. The project included the analysis of the currently existing training programs and practices on the issues intellectual property management and commercialization and the needs of the economies in IP training. On October 29–31, 2012 a Symposium for the trainers was held in Bangkok, Thailand. Participants from 13 APEC economies took part in the symposium. The trainees noted the importance of discussion and exchange of experience in intellectual property management and commercialization. The publication of the final report of the project is due January 2013.

3.2.2. Eurasian Economic Community (EurAsEC)

In the course of the year Rospatent’s specialists along with the representatives of the patent offices of the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan and the Republic of Tajikistan participated in the activities in the framework of the Council for Intellectual Property Issues under the EurAsEC Integration Committee. The Director General of Rospatent Boris Simonov is the member of the Council for Intellectual Property Issues under the EurAsEC Integration Committee.

During the first half of 2012 representatives of Rospatent participated in the work on the Agreement on a single standard of circulation of intellectual property subject matter created at the expense of the state at the territory of the EurAsEC member-states and took part in expert meetings on this issue. The Agreement aims at implementing single state policy in the commercialization of intellectual property and fixing single norms of the distribution of rights in the subject matter created at the expense of the state at the territory of the EurAsEC member-states.

On July 7, 2012 the delegation of Rospatent took part in the seventh meeting of the Council for Intellectual Property Issues under the EurAsEC Integration Committee that took place at Cholpon-Ata (the Republic of Kyrgyzstan). The Russian delegation was headed by the Deputy Director General of Rospatent Ms. Liubov Kiriy.

In the course of the meeting the specialists of Rospatent presented their comments on the draft Agreement on the protection and enforcement of intellectual property rights in the EurAsEC member-states and the draft Agreement on a single standard of circulation of intellectual property subject matter created at the expense of the state at the territory of the EurAsEC member-states, discussed the comments and proposals of the Parties on the abovementioned drafts, and also discussed the elaboration of the documents in the course of implementation of the Agreement on the single principles of regulation in the field of legal protection and enforcement of intellectual property rights.

3.2.3. European Union (EU)

In the Framework of the Russia-EU intellectual property dialogue established under Section 1.3. of the Roadmap of Common Economic Space of Russia and EU, the 11th joint meeting of experts of the Russia-EU IP Dialogue took place at Rospatent’s premises on June 15, 2012.

The meeting brought together 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 issues of the planned amendments to Part IV of the Civil Code of the Russian Federation, in particular, concerning the relations in the Internet, issues of intellectual property within the Customs Union and Joint Economic Space of Russia, Belarus and Kazakhstan. In the course of the discussion of the issues of the law enforcement activities the two sides exchanged statistical information and information on the anti-counterfeiting (including counterfeit and falsified medicines) and anti-piracy measures and also on combating infringements in the Internet. The Russian side also informed on the development of cooperation between Rospatent and the European Patent Office (EPO) and the Office for Harmonization in the Internal Market (OHIM) under the Russia-EU Partnership for Modernization initiative.

In line with the Single plan of actions of the federal executive bodies on the implementation of the Roadmap of Common Economic Space of Russia and EU of (Section 1.3. Intellectual Property Rights) during the reported year the two sides agreed on establishing an ad-hoc Russia-EU Working group on geographical indications and appellations of origin of goods (hereinafter – the Group).

The first session of the Group took place on December 10, 2012 in Brussels (Belgium). The Russian side was represented by Rospatent, the Ministry of Economic Development, the Ministry of Agriculture, Rosalcogolregulirovanie, Federal Customs Service, Association of Russian Vodka producers and the Permanent Mission of the Russian Federation to the European Union. The European side was represented by the Directorate General for Agriculture and Rural Development and Directorate General for Trade. The two sides discussed the modalities of the work of the Group, the current legislation of the Russian Federation and the European Union in the field of geographical indications and appellations of origin of goods, and the status of examination of specific appellations on the territories of the parties.

3.2.4. European Patent Office (EPO)

2012 was marked by a number of events aimed at the development of bilateral cooperation of Rospatent with the European Patent Office (EPO).

On January 27, 2012 the EPO Vice-President for Legal and International Issues Raimund Lutz and the Principal Director for the European and International Cooperation Francois-Regis Hannart visited Rospatent for consultations on the issues of bilateral cooperation. In the course of the meeting the two sides discussed the current issues of bilateral cooperation and defined the priority areas of further interaction. The meeting resulted in the signature of the 2012-2013 Work program aimed at the implementation of the Memorandum of Understanding on bilateral cooperation between the Federal Service for Intellectual Property and the EPO as of September 27, 2011.

On 15-16 May 2012 the President of the European Patent Office (EPO) Benoit Battistelli paid a working visit to Moscow. During the visit including the participation in an open discussion organized by Rospatent together with the EPO and the Chamber of Commerce and Industry of the Russian Federation for the representatives of the business, Mr. Battistelli and Mr. Simonov discussed the issues of the development of bilateral interaction between Rospatent and the EPO. The two-day working visit resulted in the signature of a Memorandum of Understanding on Cooperation in the Field of Machine Translation between Rospatent and the EPO, which provides for the participation of Rospatent in the work on the creation of an effective intellectual mechanism of machine translation implemented by EPO in cooperation with Google.

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

A number of activities was conducted in the development of bilateral cooperation between Rospatent and the Office for Harmonization in the Internal market (trademarks and designs) (OHIM) during 2012.

On March 5-7, 2012 a working visit of the OHIM President Antonio Campinos to Moscow took place. In the course of the meeting Mr. Campinos met with the Minister of Education and Science of the Russian Federation Andrey Fursenko, Member of the Council of Federation Aslambek Aslakhanov, and the Director General of Rospatent Boris Simonov and discussed the issues of joint initiatives in the priority areas of cooperation in the field of intellectual property.

In the course of the meeting of Mr. Campinos with Mr. Simonov the 2012 Plan for the Implementation of the Memorandum was adopted and agreement was reached on the conduction of a number of joint events. Besides, plans of further cooperation in the exchange of trademark and design data and conduction of joint project “Modernization of the intellectual property system in the Russian Federation” under the Russia-EU “Partnership for Modernization” initiative.

On March 7, 2012 Rospatent together with OHIM has organized a seminar for the Russian business society, patent attorneys and other interested parties on the “Legal Protection of Trademarks and Designs in the EU and Russia”. The seminar covered issues of registration and protection of trademarks and industrial designs in the unified EU mechanisms, OHIM open access search systems and web-services, improvement of the Russian legislation in the field of industrial designs and the system of trademark protection within the created Joint Economic Space.

On April 12-13, 2012 in the course of the working visit to Alicante the representatives of Rospatent took part in the consultations with the OHIM on the development of bilateral interaction. The two sides discussed the technical conditions of the integration of Rospatent’s trademark and design data into TMview, Euroclass and Designview, and also the possibility of inclusion of this direction of cooperation as one of the components of the joint project within the “Partnership for Modernization” initiative, the start of which is planned for the first half of 2013.

3.2.6. Eurasian Economic Commission

Cooperation with the Eurasian Economic Commission aimed at the implementation of certain activities for the functioning and the development of the Customs Union (Republic of Belarus, Republic of Kazakhstan, the Russian Federation) and the Joint Economic Space was one of the main directions of international cooperation of Rospatent.

In line with the Article 14 of the Agreement on single principles of regulation in the field of protection and enforcement of intellectual property rights signed on December 9, 2010 and in conformity with the Calendar plan of the development of documents implementing the agreements constituting the legal basis of the Joint Economic Space the specialists of Rospatent participated in the work on the draft Treaty on the joint procedures of registration of trademarks and appellations of origin of goods (geographical indications) and implementing regulations thereof. In the course of the year the draft Treaty was several times discussed at the expert meeting of the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation and the Eurasian Economic Commission and was discussed several times at videoconferences organized by the Ministry of Economic Development of the Russian Federation and the Eurasian Economic Commission. The work on this document will be continued in 2013.

Along the decision of the Highest Eurasian Economic Council of December 19, 2012 No. 27 “On the launch of negotiations with the Socialist Republic of Vietnam on a Free Trade Agreement” the specialist of Rospatent participated in the work on the draft FTA. In particular, in the course of a videoconference on December 14, 2012 the specialists of Rospatent with the representatives of the interested bodies of the Parties have conducted an article-by-article discussion of the “Intellectual Property” section of the future agreement. The work on this agreement will continue in 2013.

3.3. Bilateral Cooperation

The reported year was marked by the continuation of interaction with the Chinese Side within the framework of the Working Group on Cooperation in the Protection of Intellectual Property Rights created under the Russian-Chinese Sub-Commission on Trade and Economic Cooperation of the Russian-Chinese Commission on the Preparation of Regular Meetings of the Heads of the Governments.

The fifth meeting of the working group took place on July 5, 2012 at the Techno Park of the Irkutsk State Technical University. The Chinese delegation was headed by the Deputy Minister of Commerce of the People’s Republic of China Mr.Chong Guan. The Russian delegation headed by the Director General of Rospatent comprised the representatives of Rospatent, the Ministry of Interior, the Ministry of Foreign Affairs, the Government of the Irkutsk Region, and the Irkutsk State Technical University.

In the course of the meeting the two sides discussed the legislative changes in the field of protection and enforcement of intellectual property in Russia and China, exchanged information on the activities of law enforcement and customs bodies in combating intellectual property rights infringements, reached agreement on the enhancement of interaction and coordination of positions in the framework of BRICS, APEC, WTO and WIPO. Special attention was paid to the issues of cooperation in the field of intellectual property education and professional training.

The next meeting of the Working Group is scheduled to take place in the People’s Republic of China in 2013.

In 2012 the specialists of Rospatent and the State Intellectual Property Office of the PRC (SIPO) in the implementation of the Memorandum of Understanding as of July 25, 2006 have continued consultations on new possibilities of direct exchange of patent documentation. In the course of the consultations, the Russian and the Chinese specialists have elaborated an Agreement on the Exchange of Information between Rospatent and SIPO that was signed by the Heads of the patent offices on October 1, 2012.

On March 5, 2012 the specialists of Rospatent participated and presented at the seventh Chinese-Mongolian conference (Beijing) that was devoted to issues of strategies of innovation development and development in the field of intellectual property. They also visited SIPO and discussed issues of bilateral cooperation between the offices.

One the important events of the elapsed period was the meeting on March 29, 2012 with the SIPO delegation headed by the SIPO Commissioner TianLipu, in the course of which the Director General Boris Simonov and the Commissioner Tian Lipu have informed the participants on the new directions of the development of the Russian and the Chinese patent offices and discussed the issues of bilateral interaction. In particular, the two sides have exchanged opinions on the issue of education of Chinese specialists at the Russian State Academy of Intellectual Property, exchange of examiners within the Pilot Program of Patent Prosecution Highway, discussed the issues of exchange of patent documentation and databases.

During the meeting the Director General of Rospatent Boris Simonov and the SIPO Commissioner Tian Lipu have signed a Memorandum of Understanding on the Pilot Program of Patent Prosecution Highway .

On May 25, 2012 within the framework of Memorandum of Understanding on Strategic Cooperation between the Federal Service for Intellectual Property and the State Administration of Industry and Commerce of the PRC (SAIC) as of May 19, 2010 a working meeting with the SAIC delegation headed by SAIC Vice-Minister Mr. Fu Shuangjian took place at Rospatent. In the course of the meeting the two sides have discussed the issues related to the legal system of registration and protection of trademarks, registration procedure, trademark related dispute settlement, and also have set activities for further cooperation.

On September 5, 212 a working meeting with the Intellectual Property Office of Beijing Municipality Headed by the Head of the Office Mr. Wang Hong took place at Rospatent.

At the request of the Chinese side the meeting covered in particular the issues related to the functions and competence of Rospatent, implementation of the project on the creation of a network of Technology and Innovation Support Centers in the Russian Federation, information on the registration of trademarks in the name of non-residents was provided.

The head of the Chinese delegation informed on the main functions of the Intellectual Property Office of Beijing Municipality, which is a competent state body in the field of patent law and the coordination body on intellectual property issues in Beijing.

In 2012 Rospatent has continued work in the framework of the Russian-French Working Group on the Protection of Intellectual Property and Combatting Counterfeit Goods created within the Russian-French Council for Economic, Financial, Industrial and Commercial issues (CEFIC). The 7th meeting of the Working Group took place at Rospatent in September.

The French Side was represented by the National Institute of Industrial Property (INPI), Institute of Research Against Counterfeit Medicine Products - IRACM, Association of French Pharmaceutical Companies (LEEM), French Embassy in Moscow.

The Russian side was represented by the Ministry of Foreign Affairs, Ministry of Interior, Federal Customs Service, Roszdravnadzor, Rospatent, etc., (10 federal executive bodies in total), and also the representatives of the Supreme Arbitration Court, Russian Academy of Justice and the General Prosecutors office.

The meeting was presided by the Director General of the National Institute of Industrial Property Yves Lapiere and the Director General of Rospatent Boris Simonov.

The meeting covered three main issues:

  • “Development of mechanisms of intellectual property enforcement and fight against counterfeit products”. The two sides exchanged information on the INPI work with small and medium enterprises, trademark protection and customs activities within the Customs Union, and activities of the French National Anti-Counterfeiting Committee (CNAC).
  • “Cooperation in the field of fight against counterfeit medical products”.Reports on the activities of the IRACM institute and the Committee for the Struggle against Counterfeit Pharmaceutical Products of the LEEM Association.Roszdravnadzor and the Russian Academy of Justice spoke on the Russian side. The two sides exchanged the practice of interoffice and international cooperation, court practice in the field of IP infringements, and related statistics. Special attention was paid to the fight with counterfeit pharmaceuticals in the Internet
  • “Cooperation in the field of protection and enforcement of appellations of origin of goods (AO) and geographical indications (GI)” – the two sides discussed the economic and social aspects of AO and GI protection, noted the importance of implementation of cooperation directions within the framework of the Memorandum of Understanding and Cooperation in the Field of Legal Protection of AO and GIs between Rospatent and the National Institute of Origin and Quality (INAO), and expressed readiness to provide further proposals on this issue.

The Russian side proposed to organize meetings of Russian and French specialists with the producers of the products using the AOs protected in Russia. Such meetings were practiced in the past.

The meeting resulted in proposals on specific forms of further interaction of the parties: exchange of experience and information in the field of anti-counterfeiting, comparative analysis of legislation and practice in the field of protection of AOs, conduction of a joint seminar in the field of intellectual property protection.

On June 20-21, 2012 an international scientific and practical conference for the specialists of the Siberian Federal District “Legal Protection of Intellectual Property in Russia and the United States” took place in Irkutsk at the Irkutsk State Railway University (IrGUPS). The conference was co-organized by Rospatent, United States Patent and Trademark Office, Federal Institute of Industrial Property and IrGUPS.

The conference brought together more than 55 specialists in the field of intellectual property: patent attorneys, representatives of the Irkutsk region ministries, East-Siberian CCI, enterprises, organizations, scientific and research institutes and centers, lyceums from the Irkutsk region as well as Angarsk, Ulan-Ude and Moscow. The conference included presentations from both sides and video materials.

On December 17 the specialists of Rospatent took part in the XIII session of the Russian-Italian Council on Economic, Industrial and Financial Cooperation that took place in Moscow. The cooperation between Rospatent and the General Directorate for Combatting Counterfeiting – Italian Center for Patents and Trademarks (DGLC-UIBM) is conducted within the Memorandum of understanding signed on June 25, 2012 providing for the improvement and enhancing efficiency of the intellectual property protection systems.

In the course of performing the functions on the conclusion of intergovernmental agreements on mutual protection of intellectual property in the course of bilateral military and technical cooperation (hereinafter – the Agreements) Rospatent’s employees took part in consultation on three Agreements in 2012.

Four draft agreements were elaborated and sent to foreign counterparts.

Seven draft Agreements received from foreign partners were considered.

In the course of implementation of the Agreements Rospatent’s employees participated in consultations on four draft Terms of Reference on Joint working groups. Two draft Terms of Reference were elaborated and sent for the consideration of foreign counterparts.

Within the implementation of the Agreement between the Government of the Russian Federation and the Government of the Republic of Belarus of April 21, 2005 the Joint Russian-Belorussian Working group has prepared Recommendation for the inclusion into contracts of provisions related to the legal protection and conditions of use of the results of intellectual activities used and obtained in the course of bilateral cooperation.

Besides, in 2012 Rospatent along with other interested bodies participated within the scope of its competence in the work on the consideration of nine intergovernmental agreements on other directions of bilateral cooperation, including: scientific andtechnical cooperation, on cooperation in the peaceful use of atomic energy, on the exploration of outer space, etc.

3.4. Cooperation with the CIS Countries

In 2012 Rospatent continued work on bilateral and multilateral basis with the patent offices of the CIS countries along the agreed directions of cooperation.

On May 15-16, 2012 the delegation of Rospatent took part in the ordinary meeting of the Coordination Council of the Project on industrial publication of the regional patent-information product of the CIS countries on CD-ROM (CISPATENT) that took place in Dushanbe (Republic of Tajikistan).

In the course of the meeting Rospatent’s specialists have presented the report on the results of the industrial publication of the regional patent-information product of the CIS countries on CD-ROM in 2011, noted that 12 monthly discs of the regional patent information product CISPATENT were published, as well as the disk CISPATENT ACCESS (cumulative index) and the annual disc of the regional patent information product CISPATENT for 2011. They also participated in the discussion of the plan of the production of the disc for 2012.

Issues related to the publication of corrective documents on CISPATENT disks as of 2012, possibilities of distribution of the cumulative index diskCISPATENT as of 2013, and the proposal on the placement of CISPATENT disks at the FTP server were discussed along the proposal of Rospatent. Besides, the planned expenditures for the preparation and production of the disc in 2012 were adopted. The next meeting of the Coordination Council will take place at Rospatent in the first quarter of 2013.

On June 5-7, 2012 the first meeting of the Interstate Council on the Issues of Legal Protection and Enforcement of Intellectual Property (hereinafter - MGSIS) took place at Cholpon-Ata (the Republic of Kyrgyzstan).

The meeting united the plenipotentiary representatives of 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 and the Ukraine, as well as observers from the Eurasian Patent Organization, the World Intellectual Property Organization (WIPO), the Eurasian Economic Commission and Georgia.

The delegation of Rospatent headed by the Deputy Director General of Rospatent, Deputy Plenipotentiary Representative of the Russian Federation at the MGSIS Liubov Kiriy took part in the discussion and the adoption of the terms of Reference of MGSIS and draft terms of reference of the working commissions within the MGSIS (Working commission on copyright and related rights, Working commission on industrial property, Working commission on preventing infringements in the field of intellectual property).

During the meeting the Russian delegation provided information for the reported year concerning the status of legal protection and enforcement of intellectual property rights, measures taken to combat infringements, legislative activities, and information on the implementation of the List of activities in the field of combatting infringements in the field of intellectual property in the lines of implementation of the CIS Economic Development Strategy till 2020.

The specialists of Rospatent also took part in the regional seminar “The role of intellectual property for innovative development: development of strategies in the field of intellectual property” organized by WIPO and the Eurasian Patent Organization on the margins of the MGSIS for the representatives of the national patent offices. Rospatent made a presentation on the “Creation of Technology and Innovation Support Centers (Calendar of Events)”.

3.5. Cooperation with the Eurasian Patent Organization (EAPO)

Cooperation with the Eurasian Patent Office of the Eurasian Patent Organization (EAPO) remains an important direction of Rospatent’s international cooperation.

With an aim to promote national patent system, scientific and technical and innovative activities in the Russian Federation, on November 22, 2012 Rospatent and the EAPO have signed a Memorandum on the Provision of Access to the Eurasian Patent Information System for public libraries and leading Russian universities. In line with the mentioned Memorandum Russian public libraries and leading universities are granted free access to the Eurasian patent information system (hereinafter — EAPATIS), the maintenance and the technical support of which is provided by the EAPO.

In October 2012 representatives of Rospatent took part in the seventeenth session of the Budget working group of the EAPO Administrative Council.

On November 20-22, 2012 the delegation of Rospatent headed by the plenipotentiary representative of the Russian Federation in the Administrative Council, the Director General of Rospatent Boris Simonov took part in the work of the twenty sixth session of the Administrative Council of the Eurasian Patent Organization (AC EAPO). The meeting considered and unanimously adopted the EAPO annual report for the year 2011, adopted the revised budget for 2013. In the course of the meeting the representatives of Rospatent took active part in the discussion of the issues related to the amendment of the EAPO normative acts. Upon the results of discussions amendments were introduced into the Regulation of Fees of the Eurasian Patent Organization and the Patent Regulations to the Eurasian Patent Convention (entering into force as of January 1, 2013). Amendments were also introduced into the Financial Instruction to the Eurasian Patent Convention and the Reserve Fund Rules of the EAPO (entering into force of December 1, 2012).

It was decided to have the next meeting of the EAPO Administrative Council in the first decade of November 2013 in Moscow.

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

In 2012 the work of Rospatent as an International Search Authority and 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 29 receiving offices of the contracting states.

2342 international applications were received during 2012 for the conduction of international search (1248 of them were filed with the receiving office of the USA and 242 of them were filed with the receiving offices of Azerbaijan, Belarus, Bulgaria, Hungary, EAPO, Kazakhstan, Latvia, Lithuania, Ukraine, Uzbekistan, Viet Nam and the WIPO International Bureau as a receiving office). Requests for conduction of international preliminary examination were received in respect of 121 international applications (23 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 25 search reports with the examination decisions at the requests of the patent offices of developing countries in 2012.

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 18 international applications filed by applicants from Sweden.

In compliance with the PCT Article 15(5) Rospatent also conducts international type searches in respect of national and regional applications.In the year 2012 reports on international type searches were prepared in respect of 2 applications filed with the CIS patent offices (Tajikistan). In 2012 in respect of 817 Eurasian applications reports on international type searches 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 784 applications in 2012.

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

2008

2009

2010

2011

2012

Number of applications received for international search

861

780

889

1023

2342

Number of requests for international preliminary examination

101

69

80

91

121

Number of applications received for the conduction of supplementary international search

14

40

26

18

Number of reports on the international type search prepared:

at the request of the CIS countries

272

683

414

11

2

at the request of the EAPO

698

674

655

670

817

at the request of the TPI

553

636

613

936

784

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. Accordingto 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.

1150 international applications were submitted to Rospatent as a receiving office in 2012. 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 (1028 applications), in respect of 122 international applications EPO was selected as an International Search Authority.

As of January 1, 1999 Rospatent as a receiving office receives international applications filed using the PCT-SAFE software. The number of such applications in 2012 was 199, i.e. 17,3 % 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 2012 by the Russian applicants amounted to 278.

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

Table 3.7

Indices

2008

2009

2010

2011

2012

Number of international applications received

819

762

823

1062

1150

Number of international applications filed using the PCT-SAFE

114

122

84

150

199

Rospatent’s PPH Cooperation

Cooperation with the foreign patent offices within the Patent Prosecution Highway (РРН) project, in which Rospatent participates since 2009, has received further development in 2012.

Within the activities aimed at the broadening of PPH interaction with foreign patent offices, PPH and PCT-PPH interaction was commenced with the Danish Patent and Trademark Office (DKPTO) as of February 1, 2012 and the State Intellectual Property Office of the PRC (SIPO) as of July 1, 2012.

Thus, the number of Rospatent’s PPH counterparts has increased to seven (Japan, Korea, Spain, the USA, Finland, Denmark, the PRC). The projects with the USA, Spain, Finland, Denmark and the PRC provide for the opportunity to use the PCT international phase products as the basis for the РСТ-PPH procedures.

The pilot program PPH — MOTTAINAI uniting JPO (Japan), USPTO (USA), UKIPO (United Kingdom), CIPO (Canada), IP Australia (Australia), NBPR (Finland), ROSPATENT (Russia), SPTO (Spain), EPO (European Patent Office) was also continued.

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

The delegation of Rospatent took active participation in the fifth working meeting on Plurilateral Patent Prosecution Highway held at the European Patent Office on October 28-31, 2012.

One of the main agenda items was the discussion of the Common Guidelines for the PPH applicants. The offices noted that the availability of such “model” Guidelines for the PPH applicants is a significant step in the direction of the unification of requirements, which would significantly simplify PPH making it more transparent, effective and attractive for the users, replacing the existing bilateral Guidelines having often various formats.

Besides, that would facilitate the process of negotiations between the patent offices on new PPH arrangements and would constitute a step in the way of “Plurilateral PPH”.

Works on the improvement of the quality of the technological support of the flow of PPH applications and information support of its development were conducted during 2012 in the course of implementation of the Rospatent’s Comprehensive Development Plan. A new draft single “Technology of flow of applications for RU invention patents under the Patent Prosecution Highway” was drafted. Draft documents necessary for the new РРН 2.0 introduction (with the USPTO as a first stage) were developed. The website of FIPS was restructured and information concerning Rospatent’s PPH cooperation was updated.

In the framework of arrangements on the exchange of experience and specialists in the field of intellectual property under the Patent Prosecution Highway pilot programs Rospatent was visited by examiners from the JPO in 2012. In the course of the visit the representatives of the office were informed of the main provisions of the Russian patent legislation, practice of examination of the similar applications for inventions, and also the information-search systems of Rospatent, in particular the PatSearch system.

In 2012 the examiner exchange program was also continued with the patent offices of Japan, Korea and the PRC allowing the FIPS specialists to get acquainted with the structures of the offices, search systems, and also the practice of examination of the invention patent applications.

Measures at increasing the awareness of national applicants and third parties of the PPH procedures were undertaken in 2012:

  • brief information on PPH procedures was attached to correspondence in respect of applications supposing international patenting,
  • a revised PPH leaflet was prepared for publication,
  • PPH section of the website was updated on a quarterly basis,
  • regular presentations at conferences and seminars were made,
  • statistical information on various PPH types with all the PPH participants with the calculation of the respective coefficients and submission to the plurilateral PPH portal was conducted (JPO).

Since the commencement of the PPH program till January 31, 2012 Rospatent has received 132 PPH requests, 84 of them — from Japanese applicants, 42 — from US applicants, 1 from Korea and 1 from Finland, and 2 from China and 2 from Spain. The number of request considered along various types of the program in increasing significantly each year. Hence, the number of PPH requests doubled in 2012 as compared to 2011 (78 and 36 requests respectively).

 



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