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Annual report of Rospatent 2014 (Section 2)

 
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2.1. Control and supervision in the area of legal protection and utilization of the results of intellectual activity of civil, military, special and dual use, received at the expense of federal budget

2.1.1. Audit of the activities of the state customers and organizations under the state contracts that provide for carrying out R&Ds

2.1.1.1. General information on the results of audits

In 2014, in accordance with the powers assigned by the Decree of the Government of the Russian Federation of March 21, 2012 № 218 «On the Federal Service for Intellectual Property» Rospatent performed the audit of the activities of state customers and organizations under the state contracts, involved in carrying out R&D received at the expense of the federal budget with a view of control and supervision in the area of legal protection and utilization of the results of intellectual activity of civil, military, special and dual use.

Control and supervision in the established area of activity is performed by Rospatent in accordance with the Decrees of the Government of the Russian Federation of January 26, 2012 № 9 «On control and supervision in the area of legal protection and utilization of the results of intellectual activity of civil use, received at the expense of the federal budget, and control and supervision in the established area of activity in respect of state customers and organizations under the state contracts, involved in carrying out R&D», and of April 26, 2012 № 402 «On control supervision in the area of legal protection and utilization of the results of intellectual activity of military, special and dual use received at the expense of the federal budget, and legal protection of the state interest in the established area of activity in respect of state customers and organizations under the state contracts, involved in carrying out R&D».

In 2014, Rospatent carried out 47 audits in the area of legal protection and utilization of the results of intellectual activity of civil, military, special and dual use received at the expense of the federal budget. Among them 3 audits were in respect to the state customers and 44 thereof in respect to the organizations under the state contracts, involved in carrying out R&D; where 44 scheduled on-site audits were carried out according to the approved Annual Plan of the Federal Service for Intellectual Property for Scheduled Audits of Legal Entities 2014, 2 unscheduled on-site audits were performed on the basis of the request from the Office of the Prosecutor General of the Russian Federation, and 1 unscheduled on-site audit was performed with regard to the expiry of compliance time limit for fulfilling previously issued Rospatent instructions on rectifying violations discovered.

Rospatent took part in 2 comprehensive inspections carried out by the Office of the Prosecutor General of the Russian Federation in respect of ОАО Concern «Radio Technical and Information Systems» and ОАО Concern «Radio Electronic Technologies».

The audits were carried out in 5 federal district of the Russian Federation (see Table 2.1.1.1).

Table 2.1.1.1

Federal District

City

Groups of Audited Organizations

Number of Audited Organizations

Share of the Total Number of Audited Organizations, %

Central District

Moscow, Voronezh, Korolev, Ryazan

ОАО – 12, FGUP – 5, Institution of VPO – 4, FGBUN (RAN) – 4, Ministries – 2, FGBU – 3, FGBUN (FMBA of Russia) – 1

31

66,0

North-West District

Saint-Petersburg

ОАО – 7

7

14,9

Volga District

Nizhny Novgorod, Dzerzhinsk, Kazan, Penza

ОАО – 3, Institution of VPO – 1

4

8,5

Siberian District

Biysk, Kransoyarsk, Tomsk

Institution of VPO – 2, ОАО – 1

3

6,4

Far Eastern District

Vladivostok

Institution of VPO – 1

1

2,1

Ural District

Ekaterinburg

ОАО – 1

1

2,1

The audited organizations included (see Table. 2.1.1.2): Open Joint Stock Companies (OAO), Institutions of Higher Professional Training (VPO), Federal State Unitary Enterprises (FGUP), Federal State Budgetary Institutions of the Russian Academy of Science (FGBUN (RAN)), Ministries, Federal Government Budget Institutions (FGBU), and Federal State Budgetary Science Institutions of the Federal Medical Biological Agency FGBUN (FMBA of Russia).

Table 2.1.1.2

Group of Organizations

Number of Audits

Share of the Total Number of Audits, %

ОАО

24

51,1

Institution of VPO

8

17,0

FGUP

5

10,6

FGBUN (RAN)

4

8,5

Ministry

2

4,3

FGBU

3

6,4

FGBUN (FMBA of Russia)

1

2,1

Total:

47

100

The activity of 3 state customers – FGBU «the Fund for Development Assistance to Small Enterprises in Scientific and Technical Area» (in the area of civil use), the Ministry of Transport of the Russian Federation (in the area of civil, military, special and dual use), the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters (in the area of civil, military, special and dual use), 15 organizations under the state contracts, involved in carrying out R&D of civil use, 23 organizations under the state contracts, involved in carrying out R&D of civil, military, special and dual use, 6 organizations under the state contracts, involved in carrying out R&D of military, special and dual use were audited.

2.1.1.2. Results of audits of state customers

In 2014, in the course of audit of state customers, their activities in the area of legal protection and utilization of the results of intellectual activity of civil, military, special and dual use, received at the expense of the federal budget (hereinafter – the results of intellectual activity) were analyzed.

65 state contracts for carrying out R&Ds of civil, military, special and dual use were audited: FGBU «the Fund for Development Assistance to Small Enterprises in Scientific and Technical Area» (hereinafter – the Fund) – 13; the Ministry of Transport of the Russian Federation – 21; the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of natural Disasters – 31. The amount of financing of the audited state contracts was 1,996,620 thousand rubles (at the expense of the federal budget – 1,626,490 thousand rubles, at the expense of non-budget funds – 370,130 thousand rubles).

Legal documents and acts regulating the activities of state customers on the issues of management of rights of the Russian Federation to the results of intellectual activity were considered. The analysis of these documents revealed the following:

  • the Statutes of the Ministry of Transport of the Russian Federation (approved by the Decree of the Government of the Russian Federation of July 30, 2004, No. 395), of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of natural Disasters (approved by the Decree of the President of the Russian Federation of July 11, 2004, No. 868), the Rules of the Fund (approved by the Decree of the Government of the Russian Federation of July 3, 2012, No. 680) do not determine their functions and powers as state consumers to manage the rights of the Russian Federation to the results of intellectual activity;
  • the statutes of the subdivisions of the state customers do not determine the functions on carrying out activities and works in the area of management of rights of the Russian Federation to the results of intellectual activity;
  • there are no normative legal acts of the authorities that regulate organization and procedures for the state customers on managing the rights of the Russian Federation to the results of intellectual activity that were created on the request of such state customers;
  • a number of normative legal acts of authorities, regulating the activity in the area of legal protection and utilization of the results of intellectual activity, are repealed or require to be updated in accordance to the amendments entered in the legislation of the Russian Federation in the area of intellectual property;
  • there are no subdivisions that were assigned the functions on carrying out (coordination) of works in the area of legal protection and utilization of the result of intellectual activity and works on management of rights of the Russian Federation to the results of intellectual activity;
  • duty regulations do not provide for the duties of officials in the subdivisions of the state customers to carry out activities and works in the area of management of the rights of the Russian Federation to the results of intellectual activity as established by law;
  • standard contracts and contract conditions on carrying out R&Ds were not approved by the normative legal acts of the state customers that are provided for by part 11 Article 34 of the Federal Law of April 5, 2013, No. 44-FZ «On contract system in the area of procurement of goods, works, services for federal and municipal needs».

As a result of the audits, the violations of the requirements stated in the legislation of the Russian Federation in the area of legal protection and utilization of the results of intellectual activity were revealed, namely:

  • obligations of the customer to accept the work (the result) performed at the terms and in the manner specified in the contract and, if deviations from the contract that deteriorate the result of the work or other defects in the work were detected, to promptly inform the contractor about it;
  • recognition of the rights to the created results of intellectual activity;
  • notification of the contractor and assignment of the patent to the contractor at his request and on a non-repayable basis in case of the decision made by the state customer on the pre-term termination of the validity of the patent;
  • inclusion in the state contracts the terms and conditions providing for the rights to file an application and obtain a patent (certificate) to the results of intellectual activity created in the course of implementation of the state contract;
  • inclusion in the state contracts of provisions defining procedure for covering expenses on ensuring legal protection of the created results of intellectual activity (such expenses are not reflected in price structure of the state contracts);
  • performance of the state accounting of the results of intellectual activity, in particular:
  • - obligation of the contractor with regard to certain state contracts to forward data to the state customer, that is necessary for state accounting of the created results of intellectual activity, is not stipulated;
  • - data on the results of intellectual activity as objects of accounting are not entered to the databases of the state customers, updating of information on the entered objects of accounting is not carried out, information (updating of information) is not forwarded to the unified register of the results of scientific and technological activity;
  • - terms set for entering information (updating of information) on the obtained objects of accounting to the databases of the state customers (one month) are violated;
  • - information that is necessary for carrying out the state accounting of the created results of intellectual activity is not entered into the database of the state customer and is not forwarded to the unified state information system;
  • - information on assignment (granting) on behalf of the Russian Federation of rights to use the objects of accounting or their components to legal or natural persons are not reflected in the state database;
  • carrying out activities on registration of rights of the Russian Federation to the results of intellectual activity created in the course of carrying out works under the state contracts;
  • organization of utilization of the results of intellectual activity by the state customers, drafting of license agreements on granting the right to use the results of intellectual activity that were earlier created under their order and including them in tender documentation when placing order for performance of works for state requirements;
  • making decision on pre-term termination of validity of patents that are owned by the Russian Federation, on behalf of which the state customer acts, and performing respective activities;
  • conclusion of license agreements granting to development organizations and producers of goods of military, special and dual use the right to use the results of intellectual activity owned by the Russian Federation while performing of contract obligations.

As a result of the audits, violations of the provisions of concluded state contracts were revealed, including as it relates to:

  • ending by the state customer to a contractor of the decision on the form of legal protection and arrangements for the use of a result of intellectual activity (after receipt from the contractor of the notification on creation of such protectable result);
  • establishing of rights to the results of intellectual activity;
  • creation of protectable results of intellectual activity and ensuring their legal protection;
  • sending notifications on pre-term termination of validity of patents;
  • carrying out patent researches.

Violations revealed in the course of auditions were made; inter alia, by the following reasons:

  • the state customers do not have structural subdivisions that perform functions on carrying out works in the area of legal protection and utilization of the results of intellectual activity;
  • the state customers have failed to hire qualified specialists (insufficient number) in the area of intellectual property;
  • officials of the state customers have lack of knowledge of the legislation of the Russian Federation in the area of legal protection and utilization of the results of intellectual activity;
  • insufficient control of quality on the part of officials of the state customers in the course of delivery and acceptance of the completed R&Ds.

In the framework of the Federal Targeted Programme target indicators and indices of effectiveness of their implementation with regard to creation of new technologies, obtaining patents and other documents, certifying novelty of technical decisions, are not determined.

Besides, the terms of the majority of the audited state contracts do not provide for the requirements on creation of protectable results of intellectual activity.

The state customers do not have application materials for obtaining protection documents to the results of intellectual activity the rights to which are conferred on the Russian Federation.

The state customers did not provide financing of activities on reduction of the results of intellectual activity to practical use.

The audits of the state customers resulted in drafting respective acts thereof and issuing the instructions for elimination of identified violations.

2.1.1.3. The results of audits of contractors under the state contracts

In the course of audits of contractors under the state contracts, 462 state contracts on R&D of civil, military, special and dual use were audited (state customers – the Ministry of Education and Science of the Russian Federation – 147, the Ministry of Industry and Trade of the Russian Federation – 204, the Ministry of Defense of the Russian Federation – 53, the State Atomic Energy Corporation «Rosatom» – 15, Federal Security Service – 1, the Federal Space Agency – 33, the Ministry of Internal Affairs of the Russian Federation – 4, the Federal Medical Biological Agency – 2, the Federal Road Agency – 1, the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of natural Disasters – 2). Amount of funding of audited state contracts exceeds 145 bln rubles, including at the expense of the federal budget – 127 bln 499 mln rubles, at the expense of non-budget funds – 17 bln 783 mln rubles.

22 subsidies contracts were audited. Amount of funding is 2 bln 502 mln rubles (at the expense of the federal budget – 1 bln 585 mln rubles, at the expense of non-budget funds – 917 mln rubles).

15 statements of work within the state tasks on carrying out researches were audited. The amount of funding at the expense of the federal budget is 214 mln 818 thousand rubles.

39 commission agreements for the supply of military equipment, 45 license agreements granting legal entities rights to use the results of intellectual activity owned by the Russian Federation were audited.

Within the framework of 353 state contracts for carrying out of R&D of civil, military, special and dual use 184 patents for the invention of the Russian Federation, 75 patents for utility model of the Russian Federation, 2 patents for an industrial design of the Russian Federation, 106 certificates of state registration of computer programs, 42 certificates of state registration of topographies of integrated circuits, 5 certificates of state registration of database were obtained, as well as 128 patent applications for the inventions of the Russian Federation, 12 patent applications for the utility models of the Russian Federation, 4 patent application for the industrial designs of the Russian Federation, 12 applications for the state registration of computer programs, 1 application state registration of topographies of integrated circuits and 1 applications for the state registration of database were filed. With regard to 529 results the trade secret regime was established.

Thus, measures on ensuring legal protection were taken with regard to 1101 results (see Table 2.1.1.3).

Table 2.1.1.3

State customer

Number of state contracts with respect to which measures on ensuring legal protection to the created results were taken

State customer

Number of state contracts with respect to which measures on ensuring legal protection to the created results were taken

Ministry of Education and Science of the Russian Federation

Under 127 state contracts:

  • 86 patents for the inventions of the Russian Federation;
  • 40 patents for the utility models of the Russian Federation;
  • 32 certificates of state registration of computer programs;
  • 4 certificates of state registration of topographies of integrated circuits;
  • 2 certificates of state registration of database;
  • 74 patent applications for the inventions of the Russian Federation;
  • 3 patent applications for the utility models of the Russian Federation;
  • 1 application for the state registration of computer programs.

The trade secret regime was established with regard to 38 results.

Ministry of Industry and Trade of the Russian Federation

Under 174 state contracts:

  • 32 patents for the inventions of the Russian Federation;
  • 29 patents for the utility models of the Russian Federation;
  • 2 patents for the industrial designs of the Russian Federation;
  • 61 certificates of state registration of computer programs;
  • 3 certificates of state registration of database;
  • 10 certificates of state registration of topographies of integrated circuits;
  • 37 patent applications for the inventions of the Russian Federation;
  • 7 patent applications for the utility models of the Russian Federation;
  • 4 patent applications for the industrial designs of the Russian Federation;
  • 8 applications for the state registration of computer programs;
  • 1 application state registration of topographies of integrated circuits;
  • 1 application for the state registration of computer programs.

The trade secret regime was established with regard to 434 results.

State Atomic Energy Corporation «Rosatom»

Under 8 state contracts:

  • 1 patent for the invention of the Russian Federation;
  • 4 certificates of state registration of computer programs;
  • 3 patent applications for the inventions of the Russian Federation;
  • 1 patent application for the utility models of the Russian Federation.

The trade secret regime was established with regard to 1 result.

Ministry of Defense of the Russian Federation

Under 20 state contracts:

  • 47 patents for the inventions of the Russian Federation;
  • 4 patents for the utility models of the Russian Federation;
  • 1 certificate of state registration of topographies of integrated circuits;
  • 6 patent applications for the inventions of the Russian Federation;
  • 1 patent application for the utility models of the Russian Federation.

The trade secret regime was established with regard to 15 results.

Ministry of Internal Affairs of the Russian Federation

Under 1 state contract:

  • 1 patent for utility model of the Russian Federation

Federal Space Agency

Under 23 state contracts:

  • 18 patents for the inventions of the Russian Federation;
  • 1 patent for the utility models of the Russian Federation;
  • 27 certificates of state registration of topographies of integrated circuits;
  • 9 certificates of state registration of computer programs;
  • 8 patent applications for the inventions of the Russian Federation;
  • 3 applications for the state registration of computer programs.

The trade secret regime was established with regard to 41 results.

Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of natural Disasters, Federal Medical Biological Agency, Federal Road Agency

-

In the course of performing 16 subsidies contracts, 10 patents for the invention of the Russian Federation, 4 certificates of the state registration of computer programs, 6 certificates of the state registration of database and 5 patents for utility model of the Russian Federation were obtained, as well as 13 patent applications for the invention of the Russian Federation and 2 patent applications for the utility models of the Russian Federation were filed. With regard to 4 results the trade secret regime was established.

In the course of performing 11 statements of work, 12 patents for the invention of the Russian Federation, 3 patents for the utility models of the Russian Federation, 22 certificates of the state registration of computer programs, 2 certificates of the state registration of database were obtained, 16 patent applications for the invention of the Russian Federation were filed.

In 2014, the audits of contractors under the state contracts and subsidies contracts on R&D of civil, military, special and dual use (hereinafter – organizations) resulted in revealing the violations of the legislation in the area of legal protection and utilization of the results of intellectual activity and the provisions of concluded state contracts as it relates to:

  • sending to the state customer of information for the carrying out (updating) of state accounting of the received results of intellectual activity – under 124 state contracts, 4 subsidies contracts and 4 statements of work;
  • establishing of rights to the results of intellectual activity – under 17 state contracts and 5 statements of work;
  • providing of legal protection to the results of intellectual activity – under 12 state contracts, 2 subsidies contracts and 6 statements of work;
  • carrying out of patent researches – under 29 state contracts and 1 subsidies contract;
  • notification of the state customer by the contractor on creation of protectable results of intellectual activity – under 7 state contracts;
  • allocation of rights to the results of intellectual activity in contracts with subcontractors – in 13 audited organizations;
  • agreeing with the state customer the necessity and conditions of use of the protected results of intellectual activity, the exclusive rights to which are owned by third parties – under 1 state contract;
  • notification of the state customer by the contractor on pre-term termination of validity of patents of the Russian Federation – under 4 state contracts;
  • ensuring confidentiality of information related to the received results of intellectual activity – under 21 state contracts;
  • use of prior intellectual property – under 2 state contracts;
  • commercialization of the developed technology – under 1 state contract.

In the course of the audits, violations of the rights of Russian individuals in respect to the author’s right to remuneration for the use of the service invention were revealed in 5 organizations.

As a result of the audits, violations of terms of 3 license agreements on granting the rights to use the results of intellectual activity owned by the Russian Federation (under commission agreements) with regard to sending to licensor of reporting documentation were revealed in 2 organizations.

Following these results, the acts of audits were drafted and instructions for elimination of identified violations were issued.

The notifications on the results of audits of contractors under the contracts on R&D were forwarded to the state customers.

During the monitored period, it was revealed that 2 contractors under the state contracts (ОАО «Concern «Sea underwater weapon – Gidropribor» and FGBOU VPO «MATI – Russian State Technological University n.a. K. E. Tsiolkovsky») had failed to fulfill Rospatent instructions on elimination of violations of obligatory requirements identified in the course of scheduled audits thereof.

In respect to the above-mentioned violations, the protocols on administrative offences were issued.

Audits carried out in 2014 showed that the level of practical use of the results of intellectual activity remains to be low.

Among 1200 results of intellectual activity created under state contracts, subsidies contracts and statements of work only 209 results (amounting to 261 mln 535 thousand rubles) were placed on the balance sheet as an intangible asset.

During the audits, it was identified that only 4 results of intellectual activity created in the course of performing state contracts for civil use – 3 results being know-how and 1 computer programme – were commercialized on the basis of license agreements (nonexclusive license).

Licensing agreements granting the right to use the results of intellectual activity owned by the Russian Federation, on behalf of which the state customer is acting, were not concluded.

There was no funding carried out in respect to the works oriented on bringing the results of intellectual activity to the stage of practical use by the state customers.

Thus, as a result of the audits conducted by Rospatent in 2014 within the framework of performing the state function on control and supervision of organizations, 462 state contracts, 22 subsidies contracts and 15 statements of work to the state assignments were analyzed. The above audits resulted in issuing 51 instructions for elimination of violations.

The performance by Rospatent of the controlling and supervising activities had the positive consequence that resided in 2014 in the increase of the amount of results of intellectual activity received in the course of audited state contracts and provided with legal protection (1200 against 958 in 2013 and 727 in 2012).

2.1.2. The enhancement of mechanisms for implementing state control and supervision in the area of legal protection and utilization of the results of R&D of civil, military, special and dual use received at the expense of the federal budget

In 2014, Rospatent continued the work on preparation of normative legal acts referred to improving the mechanism of implementing the control and supervision activities.

The Administrative regulation for performing by the Federal Service for Intellectual Property of the state function on implementation of control and supervision in the area of legal protection and utilization of the results of intellectual activity of military, special and dual use created at the expense of the federal budget, as well as control and supervision in the determined area in respect to the state customers and contractors under the state contracts that provide for carrying out R&D works (adopted by the Order of the Ministry of Economic Development of the Russian Federation of April 26, 2013 No. 234, registered by the Ministry of Justice of the Russian Federation of July 8, 2013 No. 29 013) was amended by the Order of the Ministry of Economic Development of the Russian Federation of December 16,2014 No. 809 (registered by the Ministry of Justice of the Russian Federation of January 21,2015 No. 35 623).

The Order of Rospatent of October 28, 2014 No. 169 «On adoption of the List of officials of the Federal Service for Intellectual Property authorized to issue protocols on administrative offences» (registered by the Ministry of Justice of the Russian Federation of December 26, 2014 No. 35 439) was issued.

Rospatent and the Federal Security Service of the Russian Federation issued jointly the Order on specifics of carrying out control and supervision in respect to the bodies of the Federal Security Service of the Russian Federation in the area of legal protection and utilization of the results of intellectual activity of military, special and dual use created at the expense of the federal budget was issued.

2.2. Legal protection of state interests in the process of economic and civil circulation of R&D results of military, special and dual use

2.2.1. Information and analytical support for maintenance by the Federal Service for Intellectual Property of the Unified Register of the results of intellectual activity of military, special and dual use owned by the Russian Federation

In accordance with the Government Decrees of February 26, 2002 No. 131 «On state accounting of R&D results of military, special and dual use» and of March 21, 2012 No. 218 «On the Federal Service for Intellectual Property» FGBU «FAPRID» continued to provide information and analytical support for maintenance by Rospatent of the Unified Register of R&D results of military, special and dual use owned by the Russian Federation (the Unified Register).

The information on the number of objects of accounting, registered in the Unified Register, is reflected in Table 2.2.1. The dynamics in respect to registration thereof is shown in Diagram 1.

As of December 31, 2014, 22 849 objects were accounted in the Unified Register, among them 2738 objects of accounting (for which certificates of registration were granted with the concurrent assignment of the unique registration number to each thereof) were entered in 2014. That is 10 % increase in comparison with 2013.

Table 2.2.1

Breakdown of the Results of Intellectual Activity of Military, Special and Dual Use Registered in the Unified Register, by state customers

State Customer

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

Total

Foreign Intelligence Service

0

0

0

28

13

107

113

101

80

93

63

598

Federal Service for Drug Control

0

25

16

22

16

21

6

7

9

2

3

127

Federal Security Service

0

0

57

22

18

27

25

18

41

55

75

338

Federal Customs Service

20

14

17

28

96

40

13

63

32

21

33

377

Ministry of Civil Defense, Emergencies and Elimination of Consequences of natural Disasters

0

5

68

30

13

9

8

35

20

7

14

209

Chief Directorate for Special Programmes of the Russian President

0

30

61

18

12

2

6

7

12

6

8

162

Federal Guard Service

0

68

45

61

81

55

74

41

30

40

46

541

Ministry of Interior

0

0

0

182

128

130

98

65

83

56

43

785

Federal Space Agency

0

0

0

186

419

744

1014

826

764

454

725

5132

Federal Service for Technical and Export Control

0

130

201

101

29

43

39

141

113

50

59

906

Ministry of Defense

10

15

959

1740

1892

2736

1510

425

471

1137

1205

12100

State Corporation «Rosatom»

0

0

0

0

0

0

0

8

60

552

294

914

Ministry of Industry and Trade

0

0

0

0

168

33

56

214

1

17

170

659

Ministry of Justice

0

0

1

0

0

0

0

0

0

0

0

1

Advanced Research Foundation

-

-

-

-

-

-

-

-

-

-

0

0

TOTAL

30

287

1425

2418

2885

3947

2962

1951

1716

2490

2738

22849

Section_2-1.tif

During the reported period, data on 23 objects of accounting, being transferred to foreign customers and used for other purposes to the state requirements, were entered in the Section of Rospatent in the Unified Register. As of December 31, 2014, the Section had in total contained 679 objects of accounting registered.

In the framework of enhancing the existing system of the state accounting of the intellectual activity results of military, special and dual use, Rospatent has drafted the methodological recommendations on arranging the state accounting of the R&D results of military, special and dual use and forms of documents necessary for maintaining the Unified Register. The drafts thereof are at the stage of approval by the state customers.

In compliance with the Decree of the President of the Russian Federation of May 07, 2012 No. 603 «On the implementation of plans (programs) of the construction and development of the Armed Forces of the Russian Federation, other forces, military formations and bodies and modernization of the military industrial complex», the FGBU «FAPRID» continued the work on developing the Unified (integrated) Information Database of the R&D, results of intellectual activity and technologies of military, special and dual use, as well as of the design documentation for the defense products to be used in the course of creation of the innovative products of civil and dual use. In particular, within the mentioned works:

  • the component of R&D «Development of the proposals to the drafts of the legal documents on the procedure of access to the data integrated into the Unified Information Database, as well as collection, storage, processing, protection and disclosure thereof to the consumers with regard to the results of intellectual activity» was completed;
  • proposals to the Statute on the Unified (integrated) Information Database of the R&D, results of intellectual activity and technologies of military, special and dual use, design documentation for the defense products were prepared;
  • the documents (justification and draft of performance specifications, the Statute on the Unified Information Database) on carrying out R&D were considered and approved.

2.2.2. Ensuring the performance of the activities on inventories of rights to the results of scientific and technical activity

With a view of legal protection of state interests in the process of economic and civil circulation of R&D results of military, special and dual use, and in accordance with the Government Decree of the of the Russian Federation of January 14, 2002 No. 7 «On the procedure of inventory and valuation of rights to the results of scientific and technical activity», representatives of Rospatent are involved in the inventory of the rights of to the results of scientific and technological activities at defense contractors, sector enterprises of Federal Space Agency and the State Atomic Energy Corporation «Rosatom».

Rospatent took part in the work of the inventory commissions in the course of its general activities on regulating the issues of the legal protection of state interests in the process of economic and civil circulation of R&D results of military, special and dual use.

In 2014, representatives of Rospatent participated in total in the work of 54 commissions performing the inventories of the rights to the results of scientific and technical activity. Among them 18 inventories were of obligatory character, while 36 thereof were performed at the initiative.

2.2.3. Ensuring the performance of the activities on maintenance of licensing agreements on the use of state’s rights to the results of intellectual activity

During 2014, the FGBU «FAPRID» continued exercising the legal support in respect to the issues of fulfillment of the obligations under 1448 earlier concluded license agreements on the use of rights of the state to the results of intellectual activity.

In 2014, licensees fulfilled their financial commitments under 232 license agreements.

Thus, as of 31 December 2014, licensees’ obligations under 1216 valid license agreements had been still in force.

2.2.4. Ensuring the performance of the activities for maintenance of patents and applications for obtaining exclusive rights to the results of intellectual activity in the Russian Federation and abroad

In the reported period, the FGBU «FAPRID» provided support to 39 earlier international applications filed under the PCT. In 2014, activities on 4 of these applications were brought to a halt due to various legal grounds. Thus, as of December 31, 2014, 35 international applications had been still supported.

As a result of supporting the above-mentioned applications, 12 patents for the inventions and 1 patent for the utility model (where 1 patent being of the Russian Federation and 12 patents being of the foreign countries) were obtained in 2014. 1 patent was terminated.

As of December 31, 2014, the FGBU «FAPRID» had supported 130 patents (as of December 31, 2013 – 118 patents), including 33 patents of the Russian Federation and 97 patents of the foreign countries. In 2014, 124 patents were maintained in force.

2.2.5. Performing the works related to the conclusion of the intergovernmental agreements on mutual protection of intellectual property in the course of bilateral military technical cooperation and the creation of working groups on the implementation of earlier concluded agreements in the specified area of activity

In 2014, within performance of the function on the conclusion of intergovernmental agreements on mutual protection of intellectual property in the course of bilateral military technical cooperation (hereinafter – Agreement), Rospatent carried out the following activities:

  • 1 draft Agreement was prepared for introduction to the Government of the Russian Federation according to the established procedure;
  • draft amendments necessary for introduction in 2 earlier concluded Agreements were prepared and agreed with the foreign partners and interested federal executive authorities;
  • 7 draft Agreements were prepared and forwarded to the foreign partners for consideration according to the establish procedure;
  • 6 counterproposals of Agreements received from the foreign partners were considered;
  • in the framework of implementation of the concluded Agreements 4 draft Statutes on the joint Working group were forwarded to the foreign partners for consideration;
  • 15 consultations with the foreign partners on conclusion and implementation of agreements were attended;
  • the first meeting of the joint Working group on the protection of intellectual property in the course of Russian- Chinese military technical cooperation was held.

The Methodological recommendations for inclusion in the agreements (contracts) in the area of military and technical cooperation of provisions relating to the definition of conditions of use and ensuring the legal protection of the results of intellectual activity used and obtained in the course of bilateral military and technical cooperation were approved by the Order of Rospatent.

In 2014, within its competence, Rospatent participated jointly with other interested federal executive authorities in the work of harmonization of 9 drafts of intergovernmental agreements on various aspects of bilateral military technical cooperation.

2.3. Results of intellectual activity owned by the Russian Federation

The total number of the applications received, as well as patents and certificates in the name of the Russian Federation granted in 2014 is presented in Table 2.3.

Тable 2.3

Indicators

Inventions

Utility models

Computer programmes, databases, topographies of integrated circuits

Industrial designs

Total:

Applications filed in 2014

605

272

502

4

1383

Number of valid patents for invention, utility model, industrial design and certificate to computer programm, database and topography of integrated circuits in the name of the Russian Federation as of 31.12.2014, total

2086

836

1967

53

4942

of them granted in 2014

381

200

441

18

1040



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