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Annual report of Rospatent 2013 (Section 3)

 

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The international cooperation of Rospatent in 2013 similar to the previous years was aimed at ensuring the interests of the Russian Federation and fulfilling the obligations of the Russian Federation ensuing from the respective international and bilateral agreements, as well as at the development of cooperation with international organizations and foreign counterparts.

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

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

The 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 2013 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 51st series of the WIPO Assemblies that took place in Geneva on September 23 to October 2, 2013.

The Assemblies of the member-states of WIPO during the plenary sessions have approved the 2012 Financial Report, adopted the rules and procedures for the nomination of the Director General in 2014, approved the conduction of the Coordination Committee session in March 2014 with further approval of the candidate for the post of the Director General at an extraordinary WIPO General Assembly meeting on May 8-9, 2014. The coordination Committee also approved the Agreement between the Government of the Russian Federation and WIPO on the Establishment of the WIPO Office in the Russian Federation.

On September 25, 2013 the delegation met with WIPO Director General F. Gurry to discuss the possible conduction of WIPO Diplomatic Conference for the Adoption of the Design Law Treaty in the Russian Federation in 2014, the implementation of the joint project on the establishment of the Technology and Innovation Support Centers (TISC) in Russia, establishment of the WIPO Office in Moscow, and also the preparation of the visit of F. Gurry to Moscow on October 3-5, 2013 and his meeting with the Prime-Minister of the Russian Federation D. Medvedev.

On September 24, 2013 on the margins of the 51st series of the Assemblies of the member-states of WIPO, the second meeting of the Heads of Intellectual Property Offices of the BRICS countries took place. In the course of the meeting the participants have exchanged views on the format of further interaction, discussed the issues of the global intellectual property agenda, underlined the need for enhanced cooperation between the offices, and the continuation of cooperation on a daily basis, and have signed a “Roadmap” to that end.

The visit was also marked by a number of bilateral meetings with the heads of the patent offices of Brazil, United Kingdom, Vietnam, India, France, Singapore, United States, South Africa, Japan, as well as the Office for Harmonization in the Internal Market (Trademarks and Industrial Designs) – OHIM and the European Patent Office (EPO).

On December 10-12, 2013 the 52nd series of meetings of the Assemblies of member-states of WIPO took place in Geneva. The convocation of the 52nd series of meetings including the 44th (23rd Extraordinary) session of the General Assembly of WIPO was reasoned by the need to tackle the issues unresolved in September-October 2013, including the adoption of program and budget of the organization for the period 2014-2015, establishment of new external offices, convocation of a Diplomatic Conference on Industrial Designs.

Following discussions and informal consultations the member-states have adopted the WIPO program and budget for the coming biennium.

Special attention was paid to the issue of convening in 2014 a Diplomatic Conference for the Adoption of the WIPO Design Law Treaty. It was decided to finalize the work on the text within the respective WIPO Committee and return to the issue at the planned extraordinary session of the WIPO General Assembly in May 2014.

On June 17-28, 2013 Marrakesh (Morocco) hosted the Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, which resulted in the adoption of a new treaty expanding access to books for the benefit of hundreds of millions of blind, visually impaired and print-disabled people.

The delegation of the Russian Federation was headed by the Director General of the Federal Service for Intellectual Property Boris Simonov, who has stated that the long-awaited text of the new, unique in its nature international agreement – the Marrakesh Agreement – is a most important political signal to the whole international community, all people in need of equal access to literary and scientific works. And for hundreds of thousands potential beneficiaries of the Treaty, blind and visually impaired people living in Russia, the Treaty will become a tangible and useful instrument to ensure free access to knowledge.

The Marrakesh Treaty is a result of many years of work on improvement of access of blind, visually impaired and print disabled people to published works in formats like Braille, large-prints and audio books.

On October 3-5, 2013 the Director General of the World Intellectual Property Organization (WIPO) Francis Gurry has visited Moscow as a guest of Government of the Russian Federation. The key event of the visit was the meeting of F. Gurry with the Prime-Minister of the Russian Federation Dmitry Medvedev. The two sides exchanged opinions on the current trends in the international intellectual property, and discussed the possibilities for the enhancement of collaboration between Russia and WIPO. Special attention was paid to the issue of the establishment of the WIPO Office in the Russian Federation. In the course of the visit Francis Gurry also had working level meetings with the Director General of the Federal Service for Intellectual Property (Rospatent) Boris Simonov, Deputy Minister of Foreign Affairs Gennady Gatilov, and the Chairman of the Court for Intellectual Rights Liudmila Novoselova. The program of the visit also included a visit to the Russian State Academy of Intellectual Property (RGAIS), where Francis Gurry gave an open lecture for RGAIS students, post-graduates and professors and answered questions of the audience.

On December 9, 2013 the Director General of Rospatent Boris Simonov conducted a meeting with the Director General of WIPO Francis Gurry and discussed the issues of development of bilateral cooperation between Russia and WIPO and implementation of specific activities following the meeting between F. Gurry and the Prime-Minister of the Russian Federation D. Medvedev. A Memorandum of Understanding between Rospatent and the International Bureau of WIPO concerning the communication by electronic means under the Madrid system was signed at the meeting.

During 2013 within the framework of a Memorandum between Rospatent and WIPO, the two sides have continued the implementation of the project on the creation of a network of Technology and Innovation Support Centers (TISC). 84 TISCs have already been established in 57 regions of Russia covering all eight Russian Federal Districts. The activities of TISCs are aimed at ensuring and simplifying the access of innovators to high quality technical information and also the improvement of the efficiency of use of patent information in regional and sub-regional scientific and technical information centers. The centers provide services of access to specialized patent databases and innovative capacity building.

In order to support further development of the project, in December 2013 Rospatent has adopted the Concept of the Development of the TISC Network. The aim of the Concept is to determine the main directions and plans of development of the network in Russia and abroad and also identify the necessary conditions and resources for the successful development of the TISC network.

During the reported year the representatives of Rospatent and MFA of Russia participated in the 11th and 12th sessions of the WIPO Committee for Development and Intellectual Property, where work on further integration of development aspects into all directions of WIPO activities was continued. One of the main components of it being the development of special programs in the interest of public institutions, users of the intellectual property system and various social sectors oriented at increase of awareness of all levels of society of the role of intellectual property in national development.

Rospatent specialists took part in the 29th and 30th sessions of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications at which significant progress was achieved in the work on draft articles of the Treaty and Regulations on the Law of Industrial Designs. Significant amount of time was devoted to provisions on technical assistance for developing and least developed countries.

Member-states received information from ICANN on recent developments related to ICANN’s activities in the context of the expansion of domain names related to trademarks.

The standing Committee considered document SCT/30/4 «Revised Draft Reference Document on the Protection of Country Names Against Registration and Use as Trademarks», and also document SCT/29/5 «Study on the Protection of Country Names».

On April 15 – 19, 2013 the 3rd session of the WIPO Committee on Standards (CWS) took place at the headquarters of WIPO (Geneva, Switzerland). The session considered issues related to revision, drafting and development of a number of WIPO Standards, including trademark related standards, and also creation of a new Task force on industrial property legal status information. The International Bureau presented a Report on the services provided to industrial property offices through technical consultations and capacity building assistance within the CWS mandate. New list of CWS tasks was considered. Besides, informal meetings of the Taskforces on ST.10/s, ST. 14, XML Standards and Trademark standards were held on the margins of the session.

Rospatent actively participated in the 18th session of the Standing Committee on the Law of Patents that considered issues related to correlation of rights in the results of intellectual activities in the field of healthcare, quality system for patents, technology transfer, and exceptions and limitations to patent rights.

In 2013 the Intergovernmental Committee on the Protection of Genetic Resources, Traditional Knowledge and Folklore (WIPO/GRTKF) has continued work on the texts of international legal documents aimed at ensuring effective protection of genetic resources, traditional knowledge and folklore. 23-25 sessions of the committee took place, Rospatent participated and prepared and distributed comments on the discussed documents.

Following the decision of the 2013 decision of the WIPO General Assembly work on development of new international documents in this direction will be continued in 2014-2015.

On 18 - 20 March 2013 the representatives of Rospatent took part in the international study visit to the Traditional Knowledge Digital Library of India (TKDL) organized by WIPO together with the Indian Council for Scientific and Industrial Research in New Delhi (India). The participants received first-hand knowledge on the functioning of the TKDL. Terms of access to the library for Rospatent examiners are currently under discussion.

On October 23-25, 2013 Rospatent’s representatives spoke at the international seminar “Legal Protection of Traditional Knowledge” devoted to the 20th anniversary of the intellectual property system of the Kyrgyz Republic. The seminar organized by WIPO in cooperation with the patent office of the Kyrgyz Republic in Bishkek allowed participants from Armenia, Bulgaria, Georgia, Kazakhstan, China, Kyrgyzstan, Moldova, the Russian Federation, Romania, Tajikistan and Uzbekistan exchange opinions on the possibilities and challenges of traditional knowledge protection in the context of intellectual property.

The seminar was used to present the WIPO publication “Intellectual Property, Traditional Knowledge and Traditional Expressions of Culture/Folklore – Guide for the Countries in Transition”. Representatives of Rospatent were among co-authors of this guide. The audience welcomed the Guide and shared opinions on further promotion and use of this document. The publication is available at the WIPO website: http://www.wipo.int/dcea/en/tools/tool_09/index.html .

Work on development of the Russian language interface of the WIPO online service “Goods and Services Manager” within the project on introduction of additional filing languages (including Russian language) under the Madrid system was continued in 2013. The service is intended to provide assistance to applicants and their representatives in drawing up lists of goods and services.

On June 13-14, 2013 a two-day international seminar “Promotion of Effective Use of the Madrid System of International Registration of Marks and the Hague System of International Registration of Industrial Designs” was held in Saint-Petersburg. The event was jointly organized by Rospatent, WIPO and the Saint-Petersburg Chamber of Commerce and Industry.

The seminar dealt with various issues related to legal protection of trademarks in the Russian Federation, use of trademarks and the Madrid system in the business strategy, as well as international protection of industrial designs.

Presentations were made by leading specialists of WIPO and the Federal Institute of Industrial Property. The target audience of the event included representatives of business circles, small and medium-sized enterprises. The participants received practical advice on international aspects of the company image and reputation creation and attraction of new clients and business partners; use of the Madrid and the Hague systems in cases of unfair competition through illegal use of trademarks and industrial designs.

On July 8-19, 2013 the GOU VPO “Saint-Petersburg State University of Information Technologies, Mechanics and Optics” hosted the WIPO Summer School on Intellectual Property. The training along a unique training program covering all the aspects of intellectual property was offered to young professionals and senior students. They 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, and see the role of WIPO in the global administration of intellectual property.

A seminar “Strategic Use of Trademarks for Business Development and the Madrid System of International Registration of Marks” was conducted in cooperation with WIPO and the Don State Technical University on September 11-12, 2013 at Rostov-on-Don.

3.2. Cooperation with International Organizations

3.2.1. Asian-Pacific Economic Cooperation (APEC)

In the course of the reported year the representatives of Rospatent took part in the 36th and 37th meetings of the Intellectual Property Experts’ Group of the APEC Committee for Trade and Investment (hereinafter - IPEG) in Indonesia. During the 36th IPEG meeting Rospatent presented a new project proposal “Promoting Effective Use of Intellectual Property Rights through the Concept of Open Innovations”, aimed at exchange of information and experience between APEC economies.

The proposed project envisages a study of various national approaches to the concept of open innovations, conduction of a seminar/conference and development of a guide for the use of models of open innovation to build innovative economies. The project proposal was co-sponsored by the Republic of Korea, Mexico and Peru. The project was approved by the APEC economies.

3.2.2. European Union (EU)

In the course of the reported year the 12th (13 March 2013) and 13th (22 November 2013) meetings of experts took place within the Russia-EU Intellectual Property Dialogue (section 1.3. of the Roadmap for Common Economic Space between Russia and the EU).

The meetings were attended by the representatives of European Commission DG Trade, Delegation of the European Union to the Russian Federation, Rospatent, Ministry of Internal Affairs of the Russian Federation, Ministry of Economic Development of the Russian Federation, Ministry of Culture of the Russian Federation, other federal executive bodies, and business community.

The two sides discussed the planned amendments to Part IV of the Civil Code of the Russian Federation, in particular, related to relations in the Internet, the issues of intellectual property within the Customs Union and the Joint Economic Space of Russia, Belarus and Kazakhstan. In the course of discussion of law enforcement activities the two sides exchanged statistical information and information on the measures to tackle piracy and counterfeiting, including counterfeit and falsified pharmaceuticals, and prevention of infringements in internet.

In accordance with the Unified plan of actions of the federal executive authorities for the implementation of the section 1.3. of the Roadmap for Common Economic Space between Russia and the EU, three meetings of an ad-hoc Russia-EU Working Group on Geographical Indications and Appellations of Origin of Goods (hereinafter – the Working group) were held in the reported year

(14-15 March 2013, Moscow , 23 May 2013, Bordeaux, 7-8 October 2013, Moscow).

The meetings comprised representative of the European Commission DG Agri, Delegation of the European Union to the Russian Federation, Rospatent, Ministry of Economic Development of the Russian Federation, Rosalcoholregulirovanie, Federal Customs Service, Ministry of Agriculture of the Russian Federation, other federal executive authorities.

The meetings of the Working group are instrumental in allowing exchange of information on the legislation governing geographical indications (GI) and appellations of origin (AoO), law enforcement practice and control for the use of GI and AoO, and protection of specific GIs and AoOs in the Russian Federation and the European Union.

3.2.3. European Patent Office (EPO)

Active development in the last year was achieved in one of the directions of joint activities of Rospatent and the EPO within the framework of the signed Memorandum of Understanding on Cooperation in the Field of Machine Translation, which envisages the participation of Rospatent in the work on the creation of an effective intellectual mechanism of machine translation, carried out by EPO in cooperation with Google.

In the course of a meeting between Rospatent’s Director General Boris Simonov and the President of EPO Benoit Battistelli on the margins of the 51st series of meetings of the Assemblies of the member-states of WIPO (Geneva, Switzerland) the two sides have presented the Russian-English and the English-Russian version of the machine translation instrument, and also signed an Agreement between the Federal Service for Intellectual Property and the European Patent Office in relation to the Cooperative Patent Classification (CPC).

The Agreement provides for gradual introduction of the Cooperative Patent Classification by Rospatent internally along with the International Patent Classification (IPC), starting with several fields identified at expert level. The use of this modern system will significantly simplify the prior art search and improve the process of patent granting.

In the framework of the Memorandum of Understanding on Cooperation in the Field of Machine Translation Rospatent has provided EPO with more than 1.5 million Russian language patent documents that were used by the EPO for the creation of a multilingual translation tool to improve the quality of machine translation and its accuracy. The instrument was integrated into the Espacenet search service allowing Russian users to have free access to patent documents in 22 languages. The service currently provides opportunity for translation from 19 European Union languages and additionally Russian, Chinese and Japanese languages, thus, promoting easier access to patent information and distribution of technical knowledge.

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

A number of activities were undertaken in 2013 in the development of bilateral cooperation between Rospatent and the Office for Harmonization in the Internal Market (trademarks and designs) (OHIM).

On January 1, 2013 within the framework of the Russia-EU initiative “Partnership for Modernization” a joint Rospatent-OHIM project “Modernization of the Intellectual Property System in the Russian Federation” was launched. The project is scheduled for three years and is aimed at approximation of the systems of legal protection of trademarks and industrial designs in Russia and the EU, development of examination guidelines to streamline the procedures of filing, registration and examination of applications and its approximation with the EU approaches, improvement of quality and automation of paperflow, and availability of information on Russian trademarks and industrial designs.

The project entails five components relating to different intellectual property activities:

  • Comparative analysis of the legal provisions in Russia and the EU related to trademarks and industrial designs;
  • Drafting examination guidelines for trademarks and industrial designs;
  • Quality control and automation of procedures of registration and examination of trademark and industrial design applications;
  • Modernization and approximation of procedures of objection to legal protection of trademarks and industrial designs;
  • Integration of trademark and design data into free web-oriented databases.

In order to implement the above tasks the parties to the project have created a Steering Committee with the main functions being – analysis and evaluation of the activities of the parties in the implementation of the project components and recommendations on future work. The Steering Committee comprises representatives of OHIM, EU Delegation to Russia, Rospatent and FIPS. The first and the second meetings of the Steering committee took place on July 5 and November 7, 2013.

On April 30, 2013 joint OHIM and Rospatent seminar “Protection of Trademarks and Industrial Designs in Russia and Related Issues” took place in Barcelona. It was aim at building awareness of European business of the Russian system of legal protection of trademarks and industrial designs. In the course of the event the speakers covered main aspects of, approaches to an problems of receiving legal protection for trademarks and industrial designs in Russia and the role of Rospatent in providing such legal protection, cooperation between Rospatent, OHIM and the European Commission for the approximation of intellectual property systems, and also the accession of Russia to the World Trade Organization and the creation of the Customs union of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan.

A bilateral meeting between the Director General of Rospatent Boris Simonov and the President of OHIM Antonio Campinos took place on the margins of the seminar.

The next meeting of the heads of Rospatent and OHIM took place on September 25, 2013 in Geneva (Switzerland) on the margins of the 51st series of meetings of the Assemblies of the member-states of WIPO. In the course of the meeting Boris Simonov and Antonio Campinos have discussed future steps in the implementation of the Project and exchanged views on the development of collaboration in priority areas outlined in the Memorandum of Understanding on Bilateral Cooperation signed by the offices on September 27, 2011 in Geneva (Switzerland).

One of important directions of Rospatent-OHIM cooperation in 2013 was the interaction in the field of exchange of information on trademarks and industrial designs and ensuring its availability to the society. This interaction was conducted within the framework of the joint Project, as well as within the framework of the Memorandum of Understanding on Bilateral Cooperation.

Hence, on October 14, 2013 the Russian language version of the OHIM assistance tool for the classification of goods and services “TMclass” was launched. “TMclass” can be used in the course of filing a trademark application to OHIM or other participating offices. It allows drafting online the lists of goods and services, checking these lists for acceptance in participating offices and translating them into all EU languages.

On December 18, 2013 joint efforts of OHIM, Rospatent and FIPS specialists led to the launch of the Russian interface of the trademark search system “TMview”. Besides, the system now provides access to Rospatent’s databases on more than 400 thousand Russian trademarks.

TMview is a free multilingual instrument allowing online search of trademark data in participating offices. The United States Patent and Trademark Office has also joined TMview on December 18, 2013. Thus, TMview now unites 34 offices and provides free access to information on around 20 million trademarks.

3.2.5. Eurasian Economic Commission

Cooperation with the Eurasian Economic Commission in the implementation of specific activities aimed at ensuring the development of the Customs Union and the Joint Economic Space is an important direction of international cooperation of Rospatent.

In the implementation of the Decision of the Highest Eurasian Economic Council of May 29, 2013 No. 30 “On the Directions of Future Development of Integration Processes” Rospatent specialists took part in the meetings of the subgroup “Intellectual Property” of the Working group on the codification of international treaties forming the contractual base of the Customs Union and the Joint Economic Space. The subgroup conducted work on the preparation of draft Agreement on the Eurasian Economic Union, namely Section XVIII “Intellectual Property” and also Protocol on the legal protection and enforcement of intellectual property rights (Annex № 23 to the said Agreement). Following the proposal of Rospatent the scope of the coverage of the Protocol was extended to cover the plant varieties, topologies of integrated circuits and commercial secrets (know-how).

Rospatent specialists have participated within the year in the elaboration and discussion of documents forming the normative basis of the Eurasian Economic Space, such as the draft Agreement on Trademarks, Service Marks and Appellations of Origin of Goods on the Territories of the Member-States of the Customs Union and the Joint Economic Space, draft Agreement on Unified Procedures for Collective Management of Copyright and Related Rights, draft Agreement on Coordination of Intellectual Property Enforcement Activities.

With a view to ensure the functioning of the Joint Economic Space without exceptions and limitations from January 1, 2015, Rospatent participated in the work on the elimination of such exceptions and limitations, including barriers for free access of business ventures to the markets of the members of the Customs Union and the Joint Economic Space.

In order to promote economic integration and free trade between the Customs Union members the Eurasian Economic Commission has prepared an official list of barriers and other limitations to free trade, containing several intellectual property related issues. In the course of 2013 the representatives of Rospatent took part in the discussions of the list and the elaboration of possible measures to eliminate the barriers contained therein.

Creation of free-trade zones is also an important direction of further deepening of international integration within the Eurasian Economic Space. Rospatent specialists took part in the work of the working group “Intellectual Property” created by the Eurasian Economic Commission for the discussion and elaboration of Section XX “Intellectual Property” of the draft Free-Trade Agreement between the Member-States of the Customs Union and the Socialist Republic of Vietnam. The agreement will be one of the first agreements of the Customs Union and the provisions contained therein will form precedent for future similar arrangements. The discussion of the provisions of Section XX will be continued in 2014 at future negotiation rounds.

Rospatent also participated in the preparation of documents for the meetings of the Advisory Committee on Intellectual Property of the Eurasian Economic Commission held on March 29 and June 25, 2013. According to the decision of the Eurasian Economic Commission № 257 of 12 November 2013 the Director General of Rospatent Boris Simonov was approved as a member of the Advisory Committee on Intellectual Property of the Eurasian Economic Commission.

3.3. Bilateral Cooperation

During the reported year Rospatent continued building bilateral exchange and collaboration with the Chinese partners. The Director General of Rospatent Boris Simonov as a member of the Russian delegation took part in the 16th meeting of the Sub-commission on Trade and Economic Cooperation of the Russian-Chinese Commission on the Preparation of Regular Meetings of the Heads of the Governments (hereinafter – the Commission), that took place in Beijing on September 16, 2013. Rospatent specialists took part in the preparation of information and analytical documents for the said meeting of the Sub-commission.

On September 5, 2013 the 6th meeting of the Working group for cooperation in the protection of intellectual property rights created within the Sub-commission (hereinafter – the Working group) took place at the Ministry of Commerce of PRC (Beijing).

The Russian delegation was headed by the Director General of Rospatent Boris Simonov, the Chinese delegation was headed by the Deputy Minister of Commerce of the People’s Republic of China Yu Zang Hua.

In the course of the meeting the delegation of Rospatent provided information on the legislative changes in Russia related to legal protection and enforcement of intellectual property rights, activities of law enforcement and customs authorities in struggle against intellectual property infringements. Following the discussions the two sides have reached agreement on enhancement of interaction and coordination of positions within BRICS, APEC, WTO and WIPO.

The participants of the meeting noted the specific role of trademarks in the trade and internal economic development of both countries and supported the initiative of Rospatent and the State Administration for Industry and Commerce of China (SAIC) to sign a Memorandum of Understanding and cooperation to that end.

On the margins of the Working group meeting the Director General of Rospatent Boris Simonov met with the Commissioner of the State Intellectual Property Office of China (SIPO) Tian Lipu and the Deputy Minister of the State Administration for Industry and Commerce of China (SAIC) Liu Junchen. Issues of promoting cooperation in the field of intellectual property were discussed during these meetings.

In particular, during the meeting with the SIPO Commissioner Tian Lipu the representatives of Rospatent provided information on the main organizational principles of the creation and functioning of the Technology and Innovation Support Centers (TISC) in the Russian Federation. The Chinese side expressed high level of interest in this project and expressed readiness to assist in promoting collaboration between TISCs and the patent-information centers of China. The two sides noted the need and the usefulness of information exchange between the centers, including through distance contacts and regular working meetings.

A Memorandum of Understanding between the Federal Service for Intellectual Property and the National Office for Intellectual Property of the Socialist Republic of Vietnam was signed on September 23, 2013 in Geneva during a meeting between Director General of Rospatent Boris Simonov and Director General of the National Office for Intellectual Property of Vietnam Ta Kwan Min on the margins of the 51st series of Assemblies of the World Intellectual Property Organization. The parties express intent to conduct bilateral cooperation on exchange of information and experience, raising public awareness in the field of intellectual property, and related capacity building.

On October 11, 2013 Rospatent’s representatives took part in the 8th meeting of the Russian-French Working Group on the protection of intellectual property and fight against counterfeit products created within the Russian-French Council for Economic, Financial, Industrial and Commercial Issues (CEFIC) that took place in Cognac (France).

The meeting was co-chaired by the Director General of the National Institute of Industrial Property (INPI) Yves Lapier and the Director General of Rospatent Boris Simonov.

The French side was represented with the National Institute of Industrial Property (INPI), National Institute of Origin and Quality (INAO), Ministry of Justice, Customs, Central Service for Combating Crimes Against Environment and Public Health (OCLAESP), National Inter-professional Bureau of Cognac (BNIC), Union of Producers (UNIFAB), Association for Fight Against Audiovisual Piracy (ALPA), Scientific and Research Institute for Fight Against Counterfeit Pharmaceuticals (IRACM) and Directorate General of Treasury.

The Russian delegation comprised representatives of Rospatent, General Prosecutor’s Office, Court for Intellectual Rights, Supreme Arbitration Court of the Russian Federation, Ministry of Economic Development, Ministry of Industry and Trade, Ministry of Health, Roszdravnadzor, Ministry of Culture, Roscomnadzor, Ministry of Foreign Affairs, Trade Representation of Russia in France and the Union of producers of trademark (Rusbrand).

In the course of the meeting the two sides exchanged information on the recent legislative changes and law enforcement practice and experience on topical issues of struggle against piracy and counterfeit products, in particular, between law enforcement and judicial authorities of Russia and France. In particular, the Russian side presented information on the creation of the Russian specialized Court of Intellectual Rights, the first session of which was held in August 2013.

Concerning the issues of legal protection and enforcement of geographical indications (GI) and appellations of origin of goods (AoO) the two sides exchanged information on the current legislation and legislative initiatives in France and Russia. The representative of Rospatent noted that currently the registration of GIs in the Russian Federation as a separate object is not foreseen in the legislation (GIs can be registered on the territory of the Russian Federation as AoOs) and described conditions for the registration of a sign as an AoO prescribed by the legislation of the Russian Federation.

The Working group also discussed the issues of copyright protection in Russia and France, use of injunctive measures by the courts to protect intellectual property rights. Special attention was paid to the copyright infringements in Internet. The Russian side presented information concerning amendments to certain legal acts for the protection of intellectual rights in the information and telecommunication networks, providing for the judicial procedure for provisional injunctive measures for the protection of exclusive rights in films in Internet.

The most active discussion was driven by issues related to protection of trademarks in Russia and France and the selection of the principle to be used to define the exhaustion of rights in trademarks and parallel import to the territory of the Russian Federation. The two sides have noted the meaning attached to the issues by the executive authorities and the business community in France and Russia and agreed to continue joint discussion of these issues.

The French side presented information concerning the work of the French Customs in the field of intellectual property, its structure and main directions of activities related to the prevention of distribution of counterfeit products.

The participants of the meeting exchanged information and experience in the field of prevention of circulation of counterfeit and falsified medical products. The two sides described the structures of the public systems of pharmaceuticals quality control and directions of public control, outlined main procedures of quality control for pharmaceuticals, dealt with the issues of interaction with other state bodies and international cooperation, and also the problems and challenges in the field of prevention of falsification of medical products.

The two sides came up with proposal on specific forms of future collaboration: exchange of information and working meetings for further exchange of experience and discussion of issues of prevention of infringements in the field of intellectual property.

Besides, in the course of 2013 Rospatent within the scope of its competence participated in the work of a number of bilateral intergovernmental commissions, and in collaboration with the Ministry of Education and Science of the Russian Federation participated in the negotiation of eight draft intergovernmental agreements on scientific and technical cooperation containing provisions governing intellectual property: with Ireland, Norway, Peru, Republic of Korea, USA, South Africa, Finland and Chile. The work on these agreements will be continued in the coming year.

3.4. Cooperation with the CIS Countries

On July 9-11, 2013 a meeting of the Interstate Council on the Issues of Legal Protection and Enforcement of Intellectual Property (MGSIS) took place in Chisinau (Republic of Moldova). The meeting was attended by 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, the Republic of Uzbekistan and the Ukraine, a representative of the Executive Committee of CIS, representatives of the Eurasian Patent Office of the Eurasian Patent Organization, the World Intellectual Property Organization (WIPO), representatives of the Republic of Azerbaijan, Georgia and Turkmenistan.

The delegation of Rospatent headed by the Deputy Director General of Rospatent, Deputy Plenipotentiary Representative of the Russian Federation at the MGSIS Liubov Kiriy 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 combating infringements in the field of intellectual property in the lines of implementation of the CIS Economic Development Strategy till 2020.

In the course of the MGSIS meeting the delegation of Rospatent informed the participants of the activities of the Russian State Academy of Intellectual Property (RGAIS), the basic organization of the CIS countries for the education, training and professional retraining of staff in the field of intellectual property.

The information on the activities of RGAIS was approved by the participants of the meeting and afterwards considered at the meeting of the CIS Economic Council on December 13, 2013. the Council recommended ministries and offices of the CIS countries responsible for intellectual property protection and enforcement to monitor the need for training and professional retraining in this field, encourage creation of groups of students for training at RGAIS and encourage high level of international scientific and practical events of the Community in the field of intellectual property.

On March 20-21, 2013 Rospatent hosted 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.

The meeting was attended by representatives of national patent offices of the Republic of Belarus, Georgia, Republic of Kazakhstan, Republic of Kyrgyzstan, Republic of Moldova, the Russian Federation, Republic of Tajikistan, Ukraine and also the EAPO. Representative of the Republic of Azerbaijan participated in an observer capacity.

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 2012. They also participated in the discussion of the plan of the production of the disc for 2013.

A decision was taken to shift to exchange of information between the CIS patent offices through the FTP protocol. It will allow reducing the time needed to access the databases, which will be available for downloading and use on the next day after their creation.

3.5. Cooperation with the Eurasian Patent Organization (EAPO)

Cooperation with the Eurasian Patent Office of the Eurasian Patent Organization was continued. On November 6-8, 2013 the Russian delegation headed by the Director General of Rospatent, Plenipotentiary Representative of the Russian Federation in the Administrative Council of the EAPO Boris Simonov took part in the 27th meeting of the Administrative Council of the EAPO. The meeting was attended by the plenipotentiary representatives of the Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, the Russian Federation, Turkmenistan, deputy plenipotentiary representatives of the Republic of Kyrgyzstan and the Republic of Tajikistan. WIPO representative participated as an observer.

In the course of the meeting the delegation of Rospatent took part in the consideration of the annual report of EAPO for the year 2012, adoption of the revised EAPO budget for 2014, amendment of the Patent Regulations to the Eurasian Patent Convention related to transmittal of the materials of Eurasian applications and Eurasian patents into electronic form, and also introduction of amendments to the Administrative Regulation to the Eurasian Patent Convention.

The results of the meeting of the AC of EAPO were summed up in a protocol. The next meeting of the Administrative Council of EAPO will be held in November 2014 in Moscow.

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

In 2013 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 30 receiving offices of the contracting states.

3588 international applications were received during 2013 for the conduction of international search (1008 of them filed with Rospatent as a receiving office, 2292 filed with the receiving office of the USA and 288 filed with the receiving offices of Azerbaijan, Belarus, Bulgaria, Georgia, Hungary, EAPO, Kazakhstan, Kyrgyzstan, 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 85 international applications (59 of them in respect of applications filed with Rospatent as a receiving office).

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 August 28, 1988 Rospatent prepared 24 search reports with the examination decisions at the requests of the patent offices of developing countries in 2013.

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 25 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 2013 in respect of 891 Eurasian applications reports on international type searches and 25 examination opinions were sent to the EAPO. In 2013 reports on international type searches were prepared in respect of 2 applications filed with the CIS patent offices (Tajikistan).

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 588 applications in 2013.

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

2009

2010

2011

2012

2013

Number of applications received for international search

780

889

1023

2342

3588

Number of requests for international preliminary examination

69

80

91

121

85

Number of applications received for the conduction of supplementary international search

14

40

26

18

25

Number of reports on the international type search prepared:

at the request of the CIS countries

683

414

11

2

2

at the request of the EAPO

674

655

670

817

891

at the request of the TPI

636

613

936

784

588

3.7. Rospatent as a Receiving Office

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

1190 international applications were submitted to Rospatent as a receiving office in 2013. 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 (1062 applications), in respect of 128 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 2013 was 229, i.e. 19,2 % of the overall amount of applications submitted.

Besides, according to Article 15(1)(ii) of the Eurasian Patent Convention Rospatent is a receiving office for Russian applicants filing Eurasian applications. The number of the Eurasian applications filed in 2013 by the Russian applicants amounted to 182.

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

Table 3.7

Indices

2009

2010

2011

2012

2013

Number of international applications received

762

823

1062

1150

1190

Number of international applications filed using the PCT-SAFE

122

84

150

199

229

3.8. 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 2013.

Within the set of activities aimed at broader interaction with foreign patent office related to PPH project, a number of new bilateral arrangements on РРН-Mottainai and РСТ-РРН were achieved. Close cooperation with foreign patent offices led to the start of development of a new multilateral PPH arrangement called Global PPH (GPPH). Rospatent came up with proposals on a number of issues related to GPPH. The pilot GPPH program will include 17 patent offices, thus, the number of Rospatent’s partners will be increased.

In 2013 within the framework of implementation of the Comprehensive Development Plan of Rospatent work aimed at the improvement of the quality of technological and information support of examination of PPH applications was carried out. “Technology of paperflow in respect of applications for Russian Federation invention patents within the implementation of Patent Prosecution Highway (PPH) programs” was put into operation.

Following arrangements of exchange of experience and specialists in the field of intellectual property legal protection within the Patent Prosecution Highway (PPH) program Rospatent welcomed two groups of examiners from the Japan Patent Office (JPO) in 2013. In the course of the visits the specialists of the offices were informed of main provisions of the Russian patent legislation, practice of examination of similar invention applications and the information search systems of Rospatent, in particular, the PatSearch system.

In total, during the duration of the PPH program (up to December 31, 2013) Rospatent has received 251 request for participation in the program, 123 of them from Japanese applicants, 110 – from US applicants, 10 applications from the Republic of Korea, 5 – from China, 2 – from Finland, 1 – from Spain. The number of applications considered along different types of PPH arrangements grows annually. Hence, the year 2013 showed almost the same number of PPH requests as received during the total previous duration of the program (119 and 132 applications, respectively).



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