6.1.1. Science and Technology Councils of Rospatent and FIPS
The Science and Technology Councils (SТС) of Rospatent and FIPS as consultative bodies under the Director General of Rospatent and the Director of FIPS, play an important role in resolving outstanding scientific issues.
On common practice the work of the STC of Rospatent and STC of FIPS in 2012 was carried out in the form of joint meetings. In total 7 joint meetings of the Science and Technology Councils of Rospatent and FIPS were held. 14 topical issues and reports were considered and as a result the corresponding decisions were adopted.
The unified structure of the STC of Rospatent and STC of FIPS accounts for 72 members, including 8 doctors of sciences and 28 candidates of science.
The STC consists not only of the officials of Rospatent and FIPS, but also the representatives of the Ministry of Education and Science of the Russian Federation, Ministry of Defense of the Russian Federation, Institute of Legislation and Comparative Law under the Government of the Russian Federation, the State Corporation “Rostec”, Chamber of Commerce and Industry of the Russian Federation, Universities including the Russian State Academy of Intellectual Property (RGAIS), Moscow State University (MGU), National University of Science and Technology (MISIS), public organizations such as the All-Russian Society of Inventors and Innovators, Moscow Organization of Inventors and Innovators, Association of Russian Patent Attorneys and other organizations and notable patent attorneys.
The most important issues considered at joint sessions of the STC are as follows:
- results of Rospatent’s activities in 2011 and tasks for 2012 taking into account fulfillment of the Comprehensive Plan of Rospatent till 2015;
- role of IP legal protection in development of innovation activity;
- main results of performance of the organization audit in the area of legal protection and utilization of R&D received at the expense of the federal budget, measures on its perfection, monitoring of effective Administrative Regulation on performance of the audit;
- prospects for the development of PatSearch System;
- perfection of the academic and teaching staff training in the conditions of new Regulations on the State Commission for Academic Degrees and Titles and new Regulations on order of conferment of a higher degrees confirmed by the decree of the Governmental of the Russian Federation;
- participation of Rospatent in the performance of the primary goals of Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore at a new stage of its activity;
- realization of the Memorandum of Understanding between Rospatent and WIPO on the Establishing Technology and Innovation Support Centers (TISC) in the Russian Federation;
- main results of development of trademark examination flow automation;
- actions on perfection of trademarks examination;
- international cooperation in the field of patent examination;
- realization of information technology development program in Rospatent and FIPS till 2020;
- performance of information technology development plan in FIPS till 2015.
At the joint meetings of the STC within the framework of reports of the heads of the to Rospatent’ subordinated organization, the results of the Scientific and Practical Conferences and Seminars as an effective tool for promotion of intellectual property protection and stimulation of innovative and inventive activity were discussed.
In April and June, 2012 ceremonial meetings of the STC devoted to the International Intellectual Property Day as well as Inventor and Innovator Day were held. Within the limits of meetings has passed the award ceremony of authors and patent holders which have been selected in the list “100 The Best Russian Inventors” for 2011, award of some inventors, Rospatent and FIPS employees by the diplomas and Rospatent medals, Certificates of the Honor of the All-Russian Society of Inventors and Innovators (VOIR) and diplomas of the Moscow International Salon of Inventions and Innovations Technologies “Archimedes”.
Besides the Plenary session of the STC in 2012 the following sections were held: “Issues of Legal Protection and Examination of Industrial Property Objects”; “Information Technology and Computerization”; “Economic and Organizational Issues”.
Totally 8 meetings of the STC were held and 24 issues were considered, including 2 items considered within the framework of working groups. Special attention is given to final reports on results of performance of the R&D. At sessions of the STC sections the draft R&D Plan for 2013 was approved and considered.
Joint discussion of problem questions promoted improvement of quality of preparation of organizational-administrative documents, and also planning of research works.
More detailed information on joint meeting and taken decisions of the STC are available on Rospatent web site in the section “Scientific Activity”.
6.1.2. Scientific research carried out by FIPS
Rospatent’s scientific activity carried out on the basis of the R&D Plan of FIPS approved by Rospatent. In 2012, the scientific activity was aimed at achieving the following tasks:
- improving enforcement practice with respect to legal protection and use of intellectual property rights;
- improvement of information and technological support of examination as well as expansion of availability of information arrays for carrying out of examination of the applications for industrial property rights;
- improvement of legislation in the field of legal protection and use of the results of scientific and technological activities, received for the expense of the Federal Budget.
In 2012 FIPS carried out scientific research on 16 issues; on 11 of them final reports have been released.
FIPS carried out research in three main directions.
In the field of the legal protection and examination of intellectual property objects are prepared:
- proposals on expediency of use in the Russian legislation the specific principles related to legal system of creation of the right to trademark based on use thereof before registration;
- proposals on introduction of amendments to Administrative Regulations regarding the requirements at a stage of patent examination and addition to the Guideline on Inventions Examining Procedure;
In the field of information technology and a computerization are prepared:
- recommendations about a possibility of automatic receiving of the actual list of persons having the right to use intellectual property object;
- recommendations about usage of a complex technologies of formation and updating of databases available at the Information Retrieval System of FIPS Internet portal;
- proposals on perfection of procedure of information search and recommendations about search documentation process carried out by electronic means.
In the field of economic and organizational issues are prepared:
- research and information materials about protected results of intellectual property objects (objects of patent rights) in the Member-States of EurAsEC;
- analytical materials about influence of the legal status of the Russian Federation economic entity to their activity in innovation field in a part of the use of intellectual property objects;
- new methodological recommendations about selection of perspective inventions;
- research and information materials with an estimation of patent activity of the Russian Federation entities on the basis of research processes of the legal protection and use of intellectual property objects in interaction with economic processes in the regions of the Russian Federations and application of mathematical at economic modeling.
More detailed information is given on Rospatent web site in section “Scientific Activity”.
Received results of the R&D were used when drafting information and analytical materials, proposal on modification of legal acts (including Administrative regulations), guidelines on international search, recommendations concerning examination and FIPS information support.
The results of scientific and research activities are reflected in the publications, studies, specialized magazines as well as in reports of the scientific and practical conferences, forums, seminars, workshops, etc.
6.1.3. Scientific activity of the Russian State Academy of Intellectual Property (RGAIS)
In 2012 scientific activity in RGAIS (hereinafter referred to as the Academy) was carried out in such forms as scientific researches of teaching staff, scientific researches of post-graduate students and students, joint scientific researches of the teaching staff and students, scientific event (conferences, forums, seminars) and others.
During the reporting period the Academy performed the scientific researches (hereinafter referred to as R&D), including “Analysis of contractual relations granting rights to a program complex of three-dimensional virtual presentation “Interactive Salekhard”, “Set of measures on preparation and carrying out of the Forum “Expopriority’ 2012”, “Elaboration of regulations on the procedure of payment of author remuneration for public performance of programs consisting of protected and unprotected musical works”, “Elaboration of academic support for training on preparation and improvement of professional skills “Intellectual property in innovative activity of the business organization”.
The Academy closely cooperated with Rospatent in preparation of R&D list and dissertational thesis topical for the Rospatent system.
Implementation of R&D results into educational process continues.
In 2012 scientific research of students became more active. In March-April, 2012 the annual Scientific Research Contest was organized on the threshold of Intellectual Property Days. In 2012 on the winner of the Contest was R&D “Working out of a trademark of the Russian State Academy on Intellectual Property” carried out by 4th year students of the Faculty of intellectual property management, it was practically resulted in filing 2 trademark applications in Federal Institute of Industrial Property (FIPS).
Students took active part in the scientific events conducted by the external organizations. In February, 2012 the meeting of young experts of intellectual property protection in the sphere of legal protection of trademarks was conducted by the International Trademark Association (INTA) in cooperation with company Gowlings International Inc. Students made reports at the International Science and the Practice Conference “Convergence of private and public law: theory and practice issues”, the II Science and Practice Conference “Legal issues of the intellectual property protection” (Moscow, the Moscow Law State Academy of O.E. Kutafin), the All-Russia Science and Practice Conference “Free legal assistence and public legal education in activity of law schools” (Moscow, the Russian Law Academy of the Russian Federation Ministry of Justice) and at many others. Students took part in the round table which was held in the Russian Author’s Society on the topic “Development of the intellectual property legislation at the present stage”, in the conference “Common legal framework of Russia and the EU: the present and the future” which took place at the European Studies Institute of Moscow State University of International Relations, in the V International Forum “Intellectual Property – the XXI Century” which took place in April, 2012 in the framework of Intellectual Property Day in the Russian Federation, in the round table “Internet and modern prose. War or peace?” organized by company “Biblio-globe” in cooperation with representatives of company “Scribes Guild”, in the First Russian auction on intellectual property (together with teaching staff).
The 5th year students took part in the IV city festival “Intellectual Property Days” (St.-Petersburg) which was held on the basis of the House of Scientists of the Russian Academy of Sciences, and also in the IV All-Russia Congress of the “Youth Governments” of the Russian Federation with reports on scientific activity of the Academy and consolidation of the Russian students in the sphere of intellectual property protection.
In 2012 students also took part in professional contests. The 5th year students of the law faculty have passed to the second round of the VII All-Russia Professional Competition “Legal Russia” conducted by company “Garant” in March-April, 2011. Students have shown great activity within the contest of scientific researches “Intellectual property” organized by Consulting group “Partner Group”, the best ten works included 3 articles of representatives of the Academy.
Activities of the Student Scientific Society (hereinafter — Society) developing rapidly. Current members of the Society are more than 50 students. Main goal of NSO is to activate and promote research activities in the Academy.
In April, 2012 in the Academy took place an organizational meeting of the All-Russia Student Council on Intellectual Property which was organized with the assistance of Rospatent and the All-Russian public organization “All-Russia Student Union”. Implementation of the basic idea of establishment of the Council as integration inter-academic student’s platform on the basis of the Academy is capable to give a new development impulse to an education system in the field of intellectual property. The 5th year student of the faculty of law of the Academy has been selected as the chairman of the Council.
In 2012 the activity on participation of post-graduate students in scientific events was continued. The Young Scientists and Experts Council of the Academy was created. Cooperation with the Russian Union of Young Scientists (ROSMU) is under development. In 2012 post-graduate students took part in XVI Science and Practice Conference organized by Rospatent (Moscow, October, 2012). In coordination with teachers of the Academy students and post-graduate students participated in the IV International Forum on Intellectual Property “Expopriority-2012” (Moscow, December, 2012).
Start of the unique business game “the Innovative lift” became a successful innovation of the program of the Forum “Expopriority-2012”. Participants of the Forum – young authors of new ideas, innovative projects and pilot projects in maximum deadlines, i.e. for days of work of the Forum, had an opportunity to pass all the way – from plan to production of a model. Ten students of the Academy that passed 2-week preliminary competitive selection and proved themselves as qualified experts capable to carry out patent search at high level and fluent in patent search tools in legal databases, took part in the work of “Innovative lift”.
In 2012 scientific and analytic searches were carried out under the Council on intellectual property at the Chairman of the Council of the Federation of Federal Assembly of the Russian Federation, which members are: the Rector of the Academy and fellow of the scientific department – the Chairman of the All-Russia Student Union on Intellectual Property.
Within 2012 sessions of scientific schools of Academy were held: Copyright School, School of Industrial Property and School of Intellectual Property Management. In December, 2012 session of the School of Intellectual Property Management was held on a topic “Intellectual property management system: practical experience”.
Organization and participation of employees of the Academy in various scientific and practical events was an important direction of its scientific activity. In September, 2012 within the preparation for the I International Forum “Anticounterfeiting2012” in the Academy was conducted the round table on a topic “Professional training in the sphere of protection of intellectual property rights”. The round table was organized by the Academy and non-profit organization “Ant counterfeiting”.
In October, 2012 employees of the Academy participated in the I International Forum “Anticounterfeiting-2012”. The forum has been devoted to problems of protection of intellectual property rights, counteractions to a circulation of counterfeit, adulterated and defected production. The forum was conducted by non-profit organization “Ant counterfeiting” in cooperation with the Government of the Russian Federation and under the authority of the Federal Assembly of the Russian Federation and was organized by the Ministry of Industry and Trade of the Russian Federation.
Employees of the Academy took part in the XVI Science and Practice Conference of Rospatent “Enhancement of the legislation and law enforcement practice in the field of legal protection, protection of use of the results of intellectual activity”.
Carrying out of the I International seminar “IP POLICY-2012” on November, 15-16th, 2012 on the basis of “Center Golitsyno” LLC became a major international event: “Conceptual framework and practical mechanisms of formation of IP policy of the Universities: the Russian and foreign experience”, it was organized by the Academy. IP experts from various cities of Russia participated in seminar work: Astrakhan, Belgorod, Vladivostok, Dolgoprudny, Yekaterinburg, Izhevsk, Irkutsk, Kazan, Kaluga, Krasnodar, Krasnoyarsk, Moscow, Nalchik, Novosibirsk, Novocherkassk, Orel, Perm, Rostov-on-Don, St.-Petersburg, Saratov, Tomsk, Tver, Yakutsk. Foreign experience of universities in the field of intellectual property was presented by the partner and the lawyer of firm Jacobacci & Associati (Turin, Italy). Totally more than 60 persons took part in seminar.
November 28 to 30, 2012 the teachers and students of the Academy actively participated at the IV International Forum on Intellectual Property “Expopriority-2012”. The forum was organized by the Chamber of Commerce and Industry of the Russian Federation in cooperation with management of ZAO “ExpoCentre” and the Federal Assembly of the Russian Federation as well as Rospatent. The Academy acted as a co-organizer and active participant in the most of evemts of the Forum.
November 21, 2012 in the Academy’s assembly hall took place the All-Russia Science and Practice Conference of Young Scientists “History of the development of legal and economic relations. Legal protection and management of the results of intellectual activity in a retrospective”, coincided with the bicentenary of publication of the Manifesto dated of 17 July 1812 “On the privileges on different inventions and discoveries in the arts and crafts”. Conference was organized by the scientific department of the Academy under the All-Russia Student Council on intellectual property and the Scientific Student’s Society of the Academy within the framework of the VII Moscow Science and Practice Conference “Student’s science”, organized under the authority of the Government of Moscow, Council of pro-rectors for education of the higher professional educational institutions of Russia and the Moscow Student’s Centre.
In 2012 Collections of Scientific Papers of the Academy have been issued: materials collections of seminars, Collections of Scientific Papers (Herald of RGAIS), magazine “Copyright”, Collections of Scientific Papers of post-graduate students, and also Collections devoted to piracy problems in the Russian Federation, to features of the Internet piracy and other issues of intellectual property.
In 2012 subscription index documents were formalized for the purpose of inclusion the Academy’s magazine “Copyright” in the List of the magazines recommended by the State Commission for Academic Degrees and Titles. During the reporting period 4 issues of the magazine “Copyright” were published.
Work of Scientific and Methodical Council for Intellectual Property with a view of realization of scientific potential and enhancement of educational process by means of the organization, carrying out, control and coordination of scientific, scientific research and scientific and methodical work of professorship and teaching staff has proceeded.
According to the statutory documents the Academy has the right to carry out consulting and expert activity. During 2012 the Academy received 54 inquiries on consulting services and preparation of scientific conclusions. The subject of scientific consultations prepared in 2012 was related to the issues of copyright, patent law, the means of individualization and damage evaluation relating to infringement of intellectual property rights. Carrying out of applied researches help teachers to get very good practical material which they use on lectures and seminars.
6.2.1. Training of civil servants of Rospatent
In 2012 under the programs of improvement of professional skills in the state educational institutions 15 civil servants of Rospatent were trained, including: in the Academies – 15 employees; in the field of “State policy in the field of combating corruption (under the Decree of the President of the Russian Federation from April 13, 2010 № 460 “On National strategy of combating corruption and the National plan of combating corruption for 2010-2011)” — 3 employees; in the field of “State foreign policy (according to the Concept of foreign policy adopted by the President of the Russian Federation of July 12, 2008 № Pr-1440)” — 6 employees; other fields — 6 employees.
6.2.2. Training of specialists at RGAIS
In 2012 the Institute of improvement of professional skills and professional retraining (further – the Institute) under the Russian State Academy on Intellectual Property (RGAIS) continued realization of it strategy of development in this field adopted in 2010.
The main goal of the Institute strategy is a perfection and expansion of educational services. In 2012 the work on updating of existing educational program were carried out. 6 programs were updated or created, including 3 programs on distance learning, i.e. more than 45 % of all the existing programs. The total number of the developed and adopted programs as of the end of 2012 has made 29, 22 — programs of improvement of professional skills, 7 — programs of professional retraining.
Elaboration of additional programs has been interfaced with fulfillment of requessts of enterprises and organizations on training their specialists taking into account a skill level. 2 training programs for specialists of the State Corporation “Rosatom” have been developed and approved on educational board.
Together with RGAIS chairs’ successful work on training and methodical support of improvement of professional skill and professional retraining programs was carried out. 14 training and methodical complex (hereinafter referred to as TMK) on separate disciplines of professional retraining and improvement of professional skills programs were developed and adopted in 2012 on which final documents on the state-approved format are issued. In 2013 it is expected to carry out the work on the further updating of training program and selection of teachers for conducting seminars and a practical trainings.
For the accounting period 373 specialists were finished the training in the Institute under all the programs (without 25 attendees who were trained within the limits of R&D in “TGU”). 118 specialists are going into the training, including 64 specialists that successfully completed professional retraining programs in 2012 and 309 specialists completed programs of improvement of professional skills.
In 2012, RGAIS provided advanced training courses for specialists with higher education on various hot topics of intellectual property with the use of distance-learning technologies.
The students were particularly interested in the following courses: “Objects of patent law, means of individualization and examination thereof”, “Legal protection of copyright and neighboring rights”, “Patent law”, “Legal protection and enforcement of intellectual property”, “Legal protection and enforcement of cinematic works”.
The entire complex of hardware and software support for distance learning is maintained by the Center of innovative education technologies of RGAIS.
The results of the respective activities are reflected in Table 1 of Annex 5.
With regard to perfection of Institute information support in December 2012 the page of electronic library on RGAIS web site are developed by the Center of information technology of RGAIS where electronic versions of TMK are placed.
The further development of Institute is expected by means of more active cooperation with regions and organizations on the basis of their individual applications under the programs of improvement of professional skills and also cooperation with patent offices, enterprises, the organizations and Institution of Higher Education of the CIS countries. Wider application of modern information technologies is expected also at the organization of educational process, including carrying out of webinars and videoconferences.
6.2.3. Training and improvement of professional skill of FIPS employees
FIPS within the limits of the Unified Training System (UTS) organizes on permanent basis the improvement of professional skills for specialists under the principle of continuity from the date of hiring of staff. Both internal and external forms of training are used. In order to ensure a high quality of examination of intellectual property objects and grant protection titles a great attention is given to improvement of professional skills of newly recruited and skilled examiners. For the purpose of acquiring professional knowledge and skills for qualitative and steady performance of planned targets by the examiners, FIPS organizes a system of supervision according to which each newly recruited examiner has a tutor. In accordance with quarterly plans of internal training about 550 training sessions were conducted in FIPS departments, dedicated to reviewing of recently released regulations, examination issues, as well as analysis of external and internal quality control of examination and law enforcement practice. The training sessions were guided by the heads of departments. 6 seminars on relevant issues of law enforcement practice were conducted for heads of departments, examiners, research officials and other leading specialists of FIPS.
In accordance with the Federal law №210-FZ of 27 July, 2010 “On the organization of public and municipal services”, connected with payment of fees and change of the data concerning the applicant, with usage of system of interdepartmental cooperation with the federal authorities in particular with the Federal Treasury and the Federal Tax Service, FIPS regularly conducts training for the staff. Training on cooperation with Federal Treasury for the purpose of fees accounting are conducted for 30 specialists.
The experts` training on utilization of Rospatent` search system Patsearch is conducted on permanent basis. The issues relating to utilization of others databases for conducting examination are available in Section 4 of the present report.
In the framework of experience exchange with international patent authorities 3 workshops on legal practice of other patent offices (OHIM, company CAS, the USA) were conducted in Rospatent for experts and administrative officials of FIPS. 153specialists participated in these seminars.
Enhancing professional skills of specialists in educational institutions
System of enhancing professional skills of experts in specialized educational establishments followed by obtaining a relevant state-recognized document continues to remain an important element of ongoing training. In 2012 RGAIS concluded agreements with FIPS, according to which 28 examiners were trained under the program of improvement of professional skills on carrying out examination of the inventions and utility models in the amount of 220 academic hours.
6 FIPS specialists continue to receive postgraduate studies in RGAIS, 1 of them within the framework of target reception, 4 by self initiative and 1 degree-seeking students.
In 2012 4 specialists, directed for obtaining education at the expense of FIPS, were training in RGAIS under the program of higher professional education (all received the first higher education) and one of them successfully completed the education.
6.3.1. Maintaining the patent attorneys’ register and performing the control functions prescribed by the Russian legislation
The Federal Law of December 30, 2008 № 316-FZ “On the Patent Attorneys” (hereinafter referred to as the Federal Law) and the Resolution of the Government of the Russian Federation of March 21, 2012 № 218 “Federal Service for Intellectual Property” assign to Rospatent the function of supervision of fulfillment by patent attorneys of the requirements provided by the Russian legislation.
In 2012 Rospatent carried out work on maintaining of the Register of Patent Attorneys (hereinafter referred to as the Register), made amendments to the Register and posted the relevant information on the official website of Rospatent in order to put the information in conformity with requirements of the Federal Law and the Administrative Regulations of carrying out by the Federal Service for Intellectual Property, Patents and Trademarks the state function on certification and registration of patent attorneys of the Russian Federation, issuing of registration certificates for patent attorneys as well as supervision of fulfillment by patent attorneys of the requirements provided by the legislation of the Russian Federation (hereinafter referred to as the Administrative Regulations).
Having information provided by the heads of public associations of registered patent attorneys about their payroll by virtue of Section 5 of Article 7 of the Federal Law, Rospatent carried out work on posting the relevant information on the official website of Rospatent in Section “Name of the public association or self-regulated organization of patent attorneys”.
Rospatent continues work on making amendments to the Register as well as in the Section “Patent Attorneys” on the official website of Rospatent, removed such wordings as “without limitations”, “except of inventions”, “only industrial designs” and specified the list of objects in which the person was certified as a patent attorney corresponding to the specializations provided by the Federal Law. In this regard Rospatent carries out the exchange of certificates. Upon the application patent attorney could receive a new certificate which contains a list of certain objects in which the person was certified as a patent attorney.
During 2012 upon the request of the judicial and customs authorities in accordance with Part 5 of Article 7 of the Federal Law 1 extract from the Register had been prepared; it contained information published pursuant to Part 7 of Article 7 of the Federal Law including information about the status of the patent attorneys of the Russian Federation, their specialization, the number of their certificates. Two extracts from the Register were prepared directly upon the request of patent attorneys of the Russian Federation for submitting them to courts.
In the Register on official website of Rospatent in 2012 an information about measures assumed by courts against certain patent attorneys which activities inflicted harm to persons whose rights and legitimate interests they represented was posted. A judgment against patent attorney of Russian Federation (Grigor’ev I.V.) was made on 27.09.2011 by the Chertanovsk District Court of Moscow in a case № 2 – 5404/2011 on the application of sanction in the form of suspension for one year of his activity as a patent attorney and judgment against patent attorney of the Russian Federation (Chakilev V.K.) was made on 24.09.2012 by the Kuban District Court of Krasnodar in a case № 2 – 5247/2012 on the application of sanction in the form of suspension for three years of his activity as a patent attorney with the opportunity of later reinstatement in case of his recurrent certification.
According to the requirements of the Federal Law “On organization of public and municipal services” of 27.07.2010 № 210-FZ (as amended on 28.07.2012) works on amending the Administrative Regulations are carrying out by Rospatent in respect of switching of the federal bodies of executive power on electronic provision of public and municipal services. In this regard Rospatent is working on elaboration of models of online forms for application on the Common Government Services Portal of the Russian Federation concerning public services related to activities of patent attorneys viz. carrying out certification and registration of patent attorneys of the Russian Federation and issuing of registration certificates for patent attorneys.
During 2012 governed by provisions of Part 2 of Article 6 and Part 2 of Article 9 of the Federal Law providing rotation of patent attorneys in qualifying commission and appeal commission, Rospatent carried out works related to coordination with the public association of patent attorneys of integration of candidates into commissions listed above, in respect that patent attorneys should constitute one-third of the total number of members of the qualifying commission and appeal commission. According to the results of this work two Orders were made – the Order of October 10, 2012 № 126 “On amendments in composition of the Qualifying commission” and the Order of October 10, 2012 № 127 “On amendments in composition of the Appeal commission”.
The Director of Rospatent Dr.Boris Simonov awarded with diplomas of the Federal Service for Intellectual Property of patent attorneys of the Russian Federation Dvornikov Alexander and Polyakova Nina served on the Qualifying commission and patent attorneys of the Russian Federation as werll as Borohovich Ludmila and Nikolai Kolobanov served on the Appeal commission for the great input in development and enhancement of theory and practice of legal protection of the IP objects.
6.3.2. Activity of the qualifying commission of Rospatent
In 2012 the qualifying commission of Rospatent approved the Plan of action on development of sets of examination tasks on the basis of the Program of the qualification examination for certification of candidates to patent attorneys and the patent attorneys wishing to expand their area of practice to the specializations provided by law recommended by the qualifying commission of Rospatent on April 2, 2010.
In 2012 the qualifying commission of Rospatent according to the approved Plan of action organized work on developing sets of examination tasks to hold the qualification examination on the specializations provided by the Federal law and provisions of the recommended Program including practical tasks and cases.
Specialists of Rospatent and FIPS took part in this work. Upon termination of each activity provided by the Plan of action the qualifying commission of Rospatent in accordance with Paragraph 11.1.4 of the Administrative regulations approved and recommended the following documents:
- set of examination tasks for the “Computer programs, databases, topographies of integrated circuits” specialization;
- set of examination tasks for the “Drafting, filing and processing objections against refusal of granting patent for invention, utility model, industrial design against refusal of state registration of trademark, appellation of origin as well as objections against granting patent for invention, utility model, industrial design, against providing legal protection for trademark, appellation of origin”;
- set of examination tasks for the “I&UM” specialization;
- set of examination tasks for the “AO” specialization;
In connection with the approval of the above mentioned sets of the examination tasks (for computer testing and written work) the qualifying commission of Rospatent made the decision on November 30, 2012 to expand the structure of examiners that was approved on April 2, 2010. Now the structure of examiners amounts to 30 persons including senior FIPS experts.
In 2012 Rospatent, performing its state function as a certifying body for citizens wishing to obtain the status of patent attorney of the Russian Federation as well as for patent attorneys of the Russian Federation wishing to expand their area of practice as per part 12 of Article 6 of the Federal Law within the specializations provided for by part 7 of Article 6 of the Federal Law, conducted the certification via qualification exams for the following specializations: “Inventions and Utility Models” (I&UM), “Industrial Designs” (ID), “Trademarks and Service Marks” (TM&SM), “Appellations of Origin” (AO), “Computer Programs, Databases, Topographies of Integral Circuits” (CP, DB, TIC).
Under part 4 of Article 6 of the Federal Law the process of certification involves:
- the confirmation of meeting the requirements provided for patent attorneys under parts 2 and 3 of Article 2 of the Federal Law and under part 13 of this Article, which results in the decision to permit or to refuse the admission to the qualification exam;
- the qualification exam, during which the candidate to a patent attorney is tested to have the knowledge and the respective practical skills necessary to practice as a patent attorney;
- the decision to certify or to refuse to certify as a result of the qualification exam.
In 2012 Rospatent conducted three qualification exams under the applicable law: February 27 – March 2, May 28 — June 1 and October 29 — November 2, 2012.
Rospatent received 225 applications for certification as patent attorneys.
By decisions of the qualifying commission of Rospatent of January 13, 2012, April 13, 2012 and September 14, 2012:
- 26 persons were not admitted to attend certification due to non-submission of the presented documents to clause 4 of part 2 of Article 2 of the Federal Law according to which as a patent attorney can be certified and registered a citizen of the Russian Federation who has a higher education and at least four years of practice in the field of activity of a patent attorney in accordance with the chosen specialization;
- 4 persons were not admitted to attend certification due to non-expiration of six months term from the date of making decision by the qualifying commission of Rospatent on refusal to certify as provided for by part 13 of Article 6 of the Federal law;
199 persons were allowed to attend certification (4 persons by the decision of the qualifying commission).
Meanwhile 177 of them took part in the qualification exam and 22 of them in accordance with Paragraph 11.4.4 of the Administrative regulations duly informed the commission prior to the start of the examination of the reason by which they were unable to attend the examination on the appointed day.
These persons will have the opportunity to attend the following qualification examination in 2013, as provided for by the Administrative regulations.
By decisions of the qualifying commission of Rospatent of April 6, 2012, June 29, 2011 and November 30, 2012, 55 persons were not certified as patent attorneys due to specialization.
Meanwhile, 122 persons taking into account specializations were certified as patent attorneys, including:
- 95 persons that received the status of patent attorney for the first time, 4 of them was certified for 2 specializations (TM&SM; AO; I&UM; ID;) and 91 were certified for 1 specialization (35 for I&UM, 3 for ID, 48 for TM&SM, 5 for CP, DB, TIC).
- 27 patent attorneys of the Russian Federation expanded their area of practice, 4 of them were certified for 2 specializations (I&UM; ID; CP, DB, TIC) and 23 of them were certified for 1 specialization (9 for I&UM; 6 for ID, 3 for TM&SM, 5 for CP, DB, TIC).
In 2012 the number of patent attorneys entered in the Register increased and the number of registered patent attorney’s amounted to 1484 persons.
Information on the results of certification of candidates to patent attorneys and patent attorneys that expanded their area of practice (persons) is shown on Diagram 1 and dynamics of certification of patent attorneys on an annual basis is shown on Diagram 2.
Information on the results of certification of candidates to patent attorneys and patent attorneys that expanded their area of practice (persons)
Dynamics of Certification of Patent Attorneys on an Annual Basis
* The number of registered patent attorneys of the Russian Federation at the end of 2012 amounted to 1484. According to the provisions of the Article 8 of the Federal Law, 27 patent attorneys were stroked off the Register.
Information on distribution of patent attorneys to federal districts and constituent entities of the Russian Federation is shown in Diagram 3 and Table 2 of Annex 5 to the Report.
Information on distribution of patent attorneys by federal districts
In 2012 in accordance with Paragraph 12.4 of the Administrative regulations the appeal commission of Rospatent by its decisions obliged the qualifying commission of Rospatent to hold a re-examination for 4 persons (Decision of the appeal commission of Rospatent of November 17, 2011).
As a result 3 candidates to patent attorneys who took part in the qualifying exam and got an “satisfactory” mark and 1 got an “unsatisfactory” mark and was allowed to take a re-examination and will pass the qualifying exam in 2013 (Decision of the appeal commission of Rospatent of October 10, 2012)
6.3.3. Activity of the appeal commission of Rospatent
In 2012 the appeal commission of Rospatent held 5 meetings (on February 28, April 25, July 2, September 27, December 20) and considered 15 appeals from candidates to patent attorneys to the decisions of the qualification commission of Rospatent.
In relation to 11 appeals the appeal commission of Rospatent agreed with the decisions of the qualification commission of Rospatent.
In relation to 4 appeals the appeal commission of Rospatent in accordance with Paragraph 12.4 of the Administrative Regulations recommended the qualification commission of Rospatent to hold re-examination of the candidates to patent attorneys for the part of the test, the answers for which had been considered “unsatisfactory”.
While considering the appeals the appeal commission of Rospatent found out the circumstances when unsatisfactory answers of candidates to patent attorneys could be explained by insufficiently correctly composed examination tasks.
Aiming to improve the process of examination of the candidates to patent attorneys, the appeal commission of Rospatent submitted to the qualification commission of Rospatent proposals for updating the examination tasks and for amending the existing tasks.
The part of proposals of the appeal commission of Rospatent was considered and the corresponding clarifications in the task conditions were done (relating to the other tasks clarifications had been done earlier directly by the qualifying commission of Rospatent).
In 2012 the appeal commission of Rospatent considered 11 appeals to actions of patent attorneys of the Russian Federation.
In accordance with Paragraph 12.3.2 of the Administrative Regulations notifications to patent attorneys of the appeals to their actions received to the name of the Director General of Rospatent from individuals and entities were forwarded. Copies of the appeals were sent to the attorneys along with requests to present to the appeal commission of Rospatent explanation regarding motives stated in the appeals for consideration at the meeting of the appeal commission of Rospatent in accordance with Paragraph 12.3.3 of the Administrative Regulations.
After considering 1 appeal the appeal commission of Rospatent did not reveal any inappropriate fulfillment by patent attorneys of their professional obligations.
In 5 appeals the appeal commission of Rospatent made a decision that the appeals were beyond its authority as provided for by Paragraph 3 of Article 9 of the Federal Law.
In 4 appeals the appeal commission of Rospatent made a decision that the appeals were reasonable and recommended to the Director General of Rospatent to file an action before court to apply to the patent attorney measures provided for by part 1 of Article 10 of the Federal law.
In 1 appeal the appeal commission of Rospatent made a decision that the appeal was reasonable and the patent attorney had been issued a warning provided for by point 1 of part 6 of Article 9 of the Federal law.
The sessions of the appeal commission of Rospatent were held regularly upon the receipt of appeals. All the received appeals were considered and replies on them submitted according to the established procedure. There were also postponements in considering certain appeals, caused by the necessity to demand additional materials from patent attorneys or their opponents. During summer there was a postponement of a session of the appeal commission of Rospatent caused by lack of members of the commission for holding the meeting due to the vacation period. The appellants were informed of the postponements.
Rospatent holds in Moscow annual conferences, seminars, round tables. These events cover a wide and diverse range of participants: Rospatent specialists, patent attorneys, patent specialists, inventors, experts, representatives of the Federal authorities, judicial system, universities, educational and academic entities as well as representatives from international organizations (first of all, WIPO, the EPO, the EAPO) and of several foreign states. While carrying out these activities are implemented in practice:
- promotion of the role and importance of intellectual property and its legal protection;
- exchange of the practical experience on the issue of legal protection of patents, means of individualization and copyright;
- communication to the participants of these events the results of scientific research conducted by the FIPS specialists on matters relating to provision of legal protection to industrial property objects, transfer of rights in them, legal enforcement, prevention of unfair business practices, development of information technologies, economic and organization problems in the field of IP;
The main major events held in Moscow in 2012:
Science and Practice Conference “Legal protection of objects of patent rights and means of individualization as an effective instrument of innovative activity” and Round table within the framework of the XV Moscow International Salon for inventions and innovation technologies “Archimedes — 2012” in Sokolniki Park.
The co-organizers of the event were Rospatent and FIPS.
Representatives of WIPO, the EAPO as well as senior specialists of Rospatent and FIPS made reports on the Conference. In general 13 reports were heard, 11 of which were presented by specialists of Rospatent and FIPS.
Approximately 140 persons from more than 20 cities of Russia participated in the Conference and the Round table.
October 10 – 11
The XVI traditional Scientific and Practical Conference of Rospatent “Enhancing Legislation and Enforcement in the Field of Legal Protection and Utilization of the Results of Intellectual Activity”.
The representatives of the following organizations took part in the Conference:
- international organizations (WIPO, the EPO, the EAPO);
- foreign patent offices;
- Federal authorities;
- non-governmental organizations and associations;
- universities and science and research institutions;
- industry enterprises;
- administrative and managerial structures, information centers and other organizations from some regions of the Russian Federation.
Workers of legal and commercial organizations as well as patent attorneys of the Russian Federation were presented most widely at Conference.
Heads and specialists of the central body of Rospatent, FIPS and RGAIS participated in the Conference.
The Conference hosted a total of 360 persons, including 26 representatives from the USA, Japan, Italy, Belorussia, Georgia, Kazakhstan and representatives from 38 regions of Russia.
During the Conference 2 plenary sessions were held and 5 sections were operating: “Legal protection of objects of patent rights”, “Legal protection of means of individualization”, “Consideration of objections and requests in administrative and judicial procedures”, “Information support of objects of intellectual rights examination and innovative activity”, “Issues of management of State rights on intellectual property results” and 34 reports were heard.
That Conference was dedicated to the 200 anniversary from the date of adoption of the first Patent law of Russia. Historical and analytic material “The first legal act on invention protection in the Russian Empire” was issued to this significant event.
Participants of the Conference in their reports pointed out the important role of the further improvement of the legislation and problems of enforcement practice in the sphere of legal protection of intellectual property, use and assignment of rights on results of scientific and technological activity. It is necessary to note the increased interest to the issues of legal protection of rights on objects of intellectual property in administrative and judicial procedures. Participants of the conference noted necessity of the further perfection of the legislation in this sphere.
Other similar events held in 2012 are mentioned in section “Cooperation and interaction of Rospatent with the Regions of the Russian Federation”.