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Annual report of Rospatent 2014 (Section 3)

 
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The key objective of the Rospatent’s international cooperation activity is to make sure that the interests of the Russian Federation are honoured, and obligations thereof are duly fulfilled as set forth in relevant international treaties and bilateral agreements governing intellectual property protection and enforcement.

As before, Rospatent kept promoting and furthering in 2014 its cooperation with international organisations and foreign partners as well as harmonising the Russian intellectual property system with the national systems of other states and regional associations.

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

As a priority of its international activity, Rospatent makes sure that the interests of the Russian Federation as a member of the World Intellectual Property Organisation (WIPO) are honoured, and obligations thereof are duly fulfilled. Rospatent focuses also on the collaboration with the International Bureau of WIPO to implement joint agreements and projects aimed at promoting and improving the intellectual property system.

To date, the Russian Federation is a party to the following international agreements administered by WIPO:

Table 3.1.1

Document Title

In force in respect of the Russian Federation

Industrial property

Paris Convention for the Protection of Industrial Property

Since July 1, 1965

Convention Establishing the World Intellectual Property Organisation

Since April 26, 1970

Madrid Agreement Concerning the International Registration of Marks

Since July 1, 1976

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks

Since June 10, 1997

Patent Cooperation Treaty (PCT)

Since March 29, 1978

Trademark Law Treaty (TLT)

Since May 11, 1998

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Since April 22, 1981

Strasbourg Agreement Concerning the International Patent Classification

Since October 3, 1976

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

Since July 26, 1971

Locarno Agreement Establishing an International Classification for Industrial Designs

Since December 15, 1972

Nairobi Treaty on the Protection of the Olympic Symbol

Since April 17, 1986

International Convention for the Protection of New Varieties of Plants (co-administered by WIPO and UPOV)

Since April 24, 1998

Patent Law Treaty (PLT)

Since August 12, 2009

Singapore Treaty on the Law of Trademarks

Since December 18, 2009

Copyright and Related Rights

Berne Convention for the Protection of Literary and Artistic Works

Since March 13, 1995

Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite

Since January 20, 1989

Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms

Since March 13, 1995

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

Since May 26, 2003

WIPO Copyright Treaty (WCT)

Since February 5, 2009

WIPO Performances and Phonograms Treaty (WPPT)

Since February 5, 2009

Table 3.1.2

Document title

Date introduced

Date ratified

Framework

International treaties to which the Russian Federation is not a party but interested to accede

Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled

June 27, 2013

The treaty provides for a more flexible copyright and legal treatment based on latest technology achievements to protect the blind and people with impaired vision 

Beijing Treaty on Audiovisual Performances

June 26, 2012

Pioneering treaty to provide comprehensive protection for audio/visual performers’ rights as part of the international copyright system. It upholds the property rights of film actors and other performers as well as contains provisions for them to generate additional income from the product they deliver. Also, it grants the performers personal non-property rights to be credited for their authorship and to protest against the distortion of their performance.

Hague Agreement Concerning the International Registration of Industrial Designs

November 6, 1925

The treaty sets an international framework for several countries to have their industrial designs protected under one application filed with the WIPO International Bureau, worded in one language, with one set of relevant fees paid in one currency (CHF). Also, the Hague system provides for a significant ease in subsequent management of the industrial designs based on an easy, one-stop WIPO International Bureau procedure for amending or renewing the registration for another term.

International treaties at drafting stage

Draft Treaty on the Protection of Broadcasting Organisations

The treaty is to protect broadcasters’ rights. Specifically, it is expected to set forth limitations and exceptions for libraries, archives, education/training/scientific research institutions and individuals with different disorders, save for vision impairments or a limited ability to perceive printed information

Draft international documents ensuring the protection of genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions / folklore (TCE)

Uniform texts are being drafted to ensure the observance of IP rights where applicable to the use of genetic resources (GR), traditional knowledge (TK) and traditional cultural expressions / folklore (TCE)

Draft international document on industrial design law and practice plus draft regulations

The treaty is expected to set forth regulations for industrial design laws streamlining standard procedures for industrial property registration

New Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications

The document is expected to refine the existent regulations governing the development of an international registration system for geographical indications. Also, it is to regulate the accession of intergovernmental organisations to the systems.

Throughout 2014, Rospatent was closely involved in the activities of WIPO main committees and working groups. With a view to promoting the interests of the Russian Federation, Rospatent developed and communicated to WIPO its viewpoints and suggestions regarding the main agreements and international documents being currently under WIPO review.

Headed by Ms. Liubov Kiriy, Acting Director General of Rospatent, the Russian delegation participated actively in the 54-th series of sessions of the WIPO Assemblies of Member States held in Geneva on September 22–30, 2014. Following the agenda, the Assemblies addressed issues of consequence, i.e. the appointment of deputies and assistants to the WIPO Director General, plans to convene the WIPO Diplomatic Conference for the Adoption of the Design Law Treaty, report of the External Auditor, report by the Committee on Development and Intellectual Property (CDIP), overview of agenda recommendations for development, etc.

Rospatent representatives engaged in discussions with Dr. Francis Gurry, WIPO Director General, as part of the Assemblies routine. The parties focused on further enhancement of cooperation between Russia and WIPO, expanding the network of Technology and Innovation Support Centres (TISCs) in the Russian Federation, etc.

Also, Rospatent representatives took part in negotiations with IP chief executive officers from the United Kingdom, China, Singapore, Syria and the Office on Harmonization in the Internal Market (Trademarks and Industrial Designs) (OHIM) and the European Patent Office (EPO).

A meeting with Mr. Tan Yih San, Director General, Intellectual Property Office of Singapore (IPOS), culminated in signing the Memorandum of Understanding on Cooperation and the Memorandum of Understanding on the Patent Prosecution Highway (PPH) between the Federal Service for Intellectual Property (Russian Federation) and the Intellectual Property Office of Singapore.

On July 22, 2014, the WIPO Office in the Russian Federation was ceremonially opened in Moscow. The Office operates in Moscow under the Agreement between the Government of the Russian Federation and the World Intellectual Property Organisation signed in Geneva on April 10, 2013 and ratified by the Russian Federation on May 5, 2014. Under the WIPO mandate, the Moscow Office is vested with powers to facilitate the development of the systems for IP protection and enforcement in the regions; to provide services to support WIPO systems for the international registration of the intellectual property objects (Patent Cooperation Treaty, Madrid Agreement, Madrid Protocol and Hague Agreement); to provide technical assistance under the WIPO programmes for developing the global infrastructure and building up Russian national IP capacity.

The construction of a network of Technology and Innovation Support Centres (TISCs) continued in 2014 under the Rospatent / WIPO Memorandum. They now total 124 in all the nine federal districts. The TISCs are focused on providing and streamlining innovators’ access to the high-quality scientific and technical data, improving efficiency of use of the patent and other technical information in the regional and sub-regional centres. The TISCs provide access to patent databases and accord services for building up innovation capacity and capability.

St. Petersburg was the venue of the 3rd Congress of Technology and Innovation Support Centres, organised by WIPO, Rospatent, the Federal Institute of Industrial Property (FIPS), the Institute of International Business and Law under the St. Petersburg’s ITMO National Research University (ITMO University) on September 24–25, 2014.

The Congress was a forum for its participants to share their experience and suggestions on organization and improvement of the TISCs’ logistics and relevant performance indicators.

The Committee on Development and Intellectual Property (CDIP) held its 13th and 14th Sessions in 2014 to keep up mainstreaming of the development issues into the all WIPO activities, in particular, via special programmes to be developed in the interest of pubic agencies, IP system users and different public sectors focused on raising the public awareness on intellectual property role in the national development. In the course of discussing the reports on the Development Agenda, the Rospatent delegation attached high value to the performance of the WIPO Secretariat in patenting business models and innovation proposals as well as establishing and developing TISCs’ networks and on-line platforms for knowledge management. The delegation expressed also the preparedness for further development of cooperation with WIPO to strengthen the scientific and technological capability in the member-states via rolling out and supporting the TISCs’ network.

In the year under review, Rospatent representatives attended the 31st and 32nd Sessions of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications to continue drafting articles of the Agreement and Regulations for the industrial design law and practice.

Besides, the Standing Committee reviewed the Revised Proposal by the Delegation of Jamaica (SCT / 32 / 2) and worded the revised draft joint recommendation concerning provisions on the protection of country names. The session resolved that an additional event should be organised as part of a next meeting of the Standing Committee to review the results of the work on different aspects related to issue of the country names protection.

The Rospatent delegation attended the 4th Session of the Committee on WIPO Standards (CWS) held at WIPO’s Geneva headquarters on May 12–16, 2014. The event included informal meetings between technical specialists to revise WIPO ST.60 and ST. 14, update WIPO Handbook Section 7 and review suggestions for developing a new WIPO standard to govern the exchange of data on the legal status of patents. Besides, the several Task Forces were held to develop and revise the WIPO standards for trademarks, ST. 10 / s, ST.14, ST.26 and Standards dealing with XML.

In 2014, Rospatent was heavily involved in WIPO projects to improve the International Patent Classification (IPC) and the International Classification for Industrial Designs (Locarno Classification). The efforts yielded the Russian language electronic version of IPC-2015.01 for examiner use and web publication for external users of patent information. Besides, groundwork was done for selecting new titles of industrial designs to be incorporated in the 11th Edition of the Locarno Classification.

The 21st Session of the Standing Committee on the Law of Patents was held in Geneva on November 3–7, 2014. The delegates discussed research findings covering exceptions and limitations to patent rights; quality of patents, including opposition systems; patents and healthcare; confidentiality of communications between clients and their patent attorneys; transfer of technology. The Standing Committee on the Law of Patents focused specifically on how exceptions and limitations affect development and how the workload is allocated at the international level for implementing specific initiatives.

As a participant in the 26th, 27th and 28th Sessions of the Intergovernmental Committee on the Protection of Genetic Resources, Traditional Knowledge and Folklore (WIPO / GRTKF), Rospatent worded and communicated to WIPO its commentary on the documents under Committee review in 2014.

With a view to disseminating knowledge among parties interested in the projects protecting genetic resources, traditional knowledge and folklore, Rospatent dispatched Committee session materials to ministries, agencies and organisations, including central and regional arts and crafts centres, associations and interregional public organisations for indigenous peoples and local communities of the Russian Federation.

Rospatent forwarded to interested ministries, agencies and organisations proposals for a joint action in line with WIPO’s recent publication «Intellectual Property, Traditional Knowledge and Traditional Expressions of Culture / Folklore – Guide for the Countries in Transition» which targets countries in transition. The purpose was to raise the awareness of today’s methods for protecting traditional knowledge and folklore of indigenous peoples and local communities as well as to have at international, regional and national levels a better understanding of links between the IP system, on the one hand, and traditional knowledge and folklore in terms of their impact on the economic, social, cultural and technological development, on the other hand.

The Indian Council for Scientific and Industrial Research and Rospatent continued their preparatory work for signing an agreement between the two organisations granting Rospatent examiners access to the Traditional Knowledge Digital Library of India. The Russian party amended the draft and sent it to its Indian counter part for review.

Rospatent and the International Bureau of WIPO joined forces to organise a number of seminars and other events in Russia in the reported period.

A milestone in the series was an international conference called «Industrial Designs: Past, Present and Future» held in Moscow on April 24, 2014 as organized by Rospatent, the International Bureau of WIPO and the Office for Harmonization in the Internal Market (Trademarks and Designs) (OHIM). The conference was part of the events timed to coincide with the World Intellectual Property Day and to celebrate the 150th anniversary of the first Russian Design Law. The participants totalled 179 IP professionals, including representatives of international organisations (WIPO, OHIM, the Eurasian Economic Commission), foreign patent offices (Armenia, Azerbaijan, Belarus, Georgia, Morocco, Kazakhstan, Kyrgyzstan, China, Moldova, the Republic of Korea, Romania, Montenegro, South Africa, Japan), foreign diplomatic and trade missions in Russia (Algeria, Germany, Egypt, Italy, Spain, Switzerland), representatives of business and academia. The audience had a videoconference link with St. Petersburg in the course of the forum.

The year under review was also the time for two national seminars focussing on facilitating the effective use of the Madrid System for the International Registration of Marks and the Hague System for the International Registration of Industrial Designs:

  • City of Tver, June 24–25, 2014; Organisers: WIPO and Rospatent jointly with the Tver Region Universal Scientific Library named after A. M. Gorky and the Ministry for Economic Development of the Tver Region;
  • City of Barnaul, October 28–29, 2014; Organisers: WIPO, Rospatent, the General Office for Economy and Investment of Altay Region, and the Altay Region Universal Scientific Library named after V. Y. Shishkov.

The St. Petersburg State University of Information Technologies, Mechanics and Optics (ITMO) was the venue for the WIPO Summer School for Intellectual Property on June 7–18, 2014. During the event, young professionals and undergraduates took an advantage of a unique and comprehensive IP training programme to deepen their intellectual property knowledge, esteem the IP as a tool for economic, social, cultural and technological development. They were also instructed on the WIPO role in global intellectual property administration.

Two seminars were held in 2014 to focus on intellectual property policies for universities and scientific research organisations:

  • Moscow, June 16–17, 2014; Organisers: WIPO, Rospatent, the Ministry of Education and Science of the Russian Federation and Skolkovo Foundation;
  • Vologda, November 17–18, 2014; Organisers: WIPO, Rospatent jointly with the Vologda State University and the All-Russia Society of Inventors and Innovators.

The agenda of the seminars focused on the role and management of intellectual property on the Russian Federation university landscape; need for commercialising intellectual activity results delivered by universities and other science and training institutions; today’s IP status in Vologda Region; WIPO’s impact on university IP policies.

3.2. Cooperation with International Organizations

3.2.1. Asia-Pacific Economic Cooperation (APEC)

Rospatent representatives attended the 38th and 39th meetings of the Intellectual Property Rights Experts’ Group of the APEC Committee on Trade and Investment in China in the year under review.

The meetings resumed the approval procedure for the Rospatent-initiated project proposal called «Promoting Effective Utilization of Intellectual Property Rights through the Concept of Open Innovations» intended to establish information and experience exchange among the APEC economies. The potential project envisages research on different national approaches to the concept of open innovations; holding a seminar / conference; as well as drafting of the Guidelines on the use of open innovation models for building up sustainable trade in innovative products and technologies and innovation-based economy. Korea, Mexico and Peru offered to co-sponsor the Project. However, there has been no APEC finance commitment.

3.2.2. European Union (EU)

The EU-Russia Partnership for Modernisation was among the key priorities of cooperation between Russia and the European Union in 2014, where Rospatent and the Office for Harmonization in the Internal Market (Trademarks and Designs) (hereinafter – OHIM), have been driving jointly a project called «Modernization of the Intellectual Property System in the Russian Federation» (hereinafter – the Project), since January 2013.

During 2014, for the purpose of implementation the arrangements reached within the components of the Project, OHIM representatives paid several working visits to Moscow to draft Rospatent Guidelines for trademark examination and discuss quality control issues. Besides, OHIM and Rospatent specialists held several videoconferences for consultative purposes. Representatives of the Delegation of the European Union to Russia, OHIM, Rospatent and FIPS, all aggregately constituting the Project Steering Committee, discussed relevant organisation and logistic support issues during 3d and 4th Meetings thereof held in Moscow on June 18 and December 12, 2014.

On December 11, 2014 Rospatent hosted the «Seminar to Present and Discuss the Gap Study of Provisions of the EU Legal Acts and the Civil Code of the Russian Federation, Ch. IV, Related to Trade Marks and Designs». The event proved a major deliverable of Project Component 1: «Legal comparison of Russian and EU Trademark and Design legislation». The participants of the Seminar drew participation from WIPO, OHIM, the Ministry for Foreign Affairs of the Russian Federation, the Ministry for Internal Affairs of the Russian Federation, Rospatent, the Russian Intellectual Property Court, Delegation of the European Union to Russia, the Eurasian Economic Commission, Association of European Business, Skolkovo Foundation, Chamber of Commerce and Industry of the Russian Federation, FIPS, educational institutions (e.g. the Russian State Academy of Intellectual Property (RGAIS), the Russian State University of Physical Education, Sport, Youth and Tourism) and other organisations. The Seminar discussed the findings from the gap study of the EU and Russian legal provisions governing trademarks and industrial designs. S. A. Kazmina, an independent expert assigned by OHIM, had completed the gap analysis.

3.2.3. The European Patent Office (EPO)

Cooperation between Rospatent and the EPO received an added momentum in the reported year under Cooperative Patent Classification (CPC) agreement signed on September 25, 2013, whereby Rospatent is to implement CPC as its internal classification along with the International Patent Classification (IPC). The team is expected to phase in the process, stage by stage, where pre-selected technology areas will be the starting point. The plan is to launch the new classification process in 2016. The innovative approach will significantly simplify the prior art search and streamline the process of granting patents.

An ad-hoc Group was set up to implement the Agreement between EPO and Rospatent in relation to Cooperative Patent Classification.

The kick-off meeting of the ad-hoc Group for implementing the Agreement in relation to Cooperative Patent Classification (CPC) took place at Rospatent on March 17–19, 2014.

The participants of the meeting discussed technical issues of classification and reclassification in line with the CPC, explored the potential for CPC web-service-driven data transfer to EPO, explored prospects for training Rospatent staff to work with CPC and focussed on internal quality control and communication between the offices.

The ad-hoc Group for implementing the Agreement in relation to Cooperative Patent Classification had its third face-to-face meeting hosted by the European Patent Office (EPO) in Munich on October 27–30, 2014.

At the meeting, EPO specialists reviewed the past year’s amendments to the CPC, spoke about the implementation status of CPC-related agreements with China and Korea, presented amendments to the XML arrangements for the CPC due to take effect April 1, 2015 and briefed the audience on CPC web-service upgrades.

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

A number of events took place in 2014 to promote the Rospatent / OHIM bilateral cooperation.

A landmark in the course of implementing the parties’ arrangements was an international conference called «Industrial Designs: Past, Present and Future» held in Moscow on April 24,2014 as organized by Rospatent and OHIM jointly with WIPO. The conference was one in a series of events timed to coincide with the World Intellectual Property Day and to celebrate the 150th anniversary of the first Russian Design Law. The participants totalled 179 IP professionals, including representatives of international organisations (WIPO, OHIM, the Eurasian Economic Commission), foreign patent offices (Armenia, Azerbaijan, Belorussia, Georgia, Morocco, Kazakhstan, Kyrgyzstan, China, Moldova, the Republic of Korea, Romania, Montenegro, South Africa, Japan), foreign diplomatic and trade missions in Russia (Algeria, Germany, Egypt, Italy, Spain, Switzerland), representatives of business and academic communities. The audience had a videoconference link with St. Petersburg in the course of the forum.

Work was underway during the year to integrate Russian industrial design data into Designview, a free multilingual search system for industrial designs providing the access to the data of all participating offices. The Russian language interface was launched within the system on December 8, 2014, giving an open access to the data on industrial designs protected in the Russian Federation. Rospatent’s integration into the system is a deliverable of the International Cooperation Programme, managed by OHIM in collaboration with its international partners, as well as a few OHIM-Rospatent joint projects. In 2013, as part of the Programme, Rospatent joined also the TMview search system and the TMclass classification tool.

3.2.5. Cooperation with Eurasian Patent Organization (EAPO)

Rospatent continued cooperation with the Eurasian Patent Office of the Eurasian Patent Organisation. Led by Liubov L. Kiriy, Acting Director General of Rospatent, Plenipotentiary Representative of the Russian Federation in the Administrative Council of the EAPO, the Russian delegation participated in the 28th Session of the EAPO Administrative Council (EAPO AC) on November 11–13, 2014. The Session attendants were plenipotentiary representatives of the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, the Republic of Tajikistan, and Turkmenistan. Besides, a WIPO representative participated as an observer.

The Rospatent delegation was heavily involved in discussing EAPO’s Annual Report for 2013, passing the amended version of EAPO’s budget for 2015, making amendments and addenda to the Patent and Administrative Regulations to the Eurasian Patent Convention, the Statute on Fees of the Eurasian Patent Organization and addressing other issues.

An extraordinary EAPO AC session is scheduled for June 2015 to appoint the Eurasian Patent Office President for another six years. The next EAPO AC regular session is scheduled for November 2015 in Moscow. The results of the EAPO AC session were summed up in a protocol and signed.

Rospatent and EAPO relied on their joint Working Group in 2014 for discussing further collaboration on electronic filing of applications thereby addressing the need for optimising the existing document flow and establishing electronic communication between the two offices. The Working Group encompasses professionals from EAPO, Rospatent and the Federal Institute for Industrial Property. The Working Group first met in session on June 26, 2013. So far, the Working Group has had four sessions exploring technical proposals for filing Eurasian applications via the Russian Federation web-portal for public services.

3.2.6. Eurasian Economic Commission

Cooperation with the Eurasian Economic Commission (EEC) is one of Rospatent’s focuses. The purpose is to make sure that function and development pervade integration-driven alliances in Eurasia and that such alliances can benefit from properly developed IP legal / contractual framework. In these terms, the transition of the member states of the Customs Union (CU) and the Common Economic Space (CES) to the Eurasian Economic Union (EAEU) as the next level of integration was a milestone.

Under Resolution No.30 of May 29, 2013 by the Supreme Eurasian Economic Council, Rospatent continued team-drafting of the Eurasian Economic Union Treaty (EAEU Treaty) focusing specifically on Section XXIII: Intellectual Property and Annex No.26 Protocol on Intellectual Property Object Rights Protection and Enforcement. Rospatent’s propositions were captured in the final version of the document.

Signed in Astana on May 29, 2014, the EAEU Treaty came into force on January 1, 2015. Specifically, the Treaty sets forth intellectual property objectives and areas; it lists international agreements that provide legal framework for IP cooperation and govern such intellectual property objects as selection attainments, topographies of integrated circuit, trade secrets (know-how) and geographical indications.

The year under review saw the expansion of the Eurasian integration membership. Within its terms of reference, ROSPATET was involved in coordinating relevant international treaties for the accession of the Republic of Armenia and the Republic of Kyrgyzstan to the EAEU Treaty. With regard to intellectual property, the Republic of Armenia stressed the regional principle of exhaustion of trademark rights to be on the top of the agenda. Signed on October 10, 2014, the Agreement on the Accession of the Republic of Armenia to the Eurasian Economic Union came into effect along with the EAEU Treaty. Negotiation on the agreement for the Republic of Kyrgyzstan will continue into 2015.

Mindful of the need to compete building Common Economic Space (CES), Rospatent continued in the reported year to participate in drafting the list of relevant exceptions and limitations, including barriers, provisions for business entities’ mutual access to the market of the CU and CES member states as well as drawing an individual national list of limitations, exceptions and additional requirements and provisions for the Russian Federation governing the EAEU’s common services market.

Building of an IP legal framework for the EAEU continued in the reported year whereby Rospatent shared further coordinated efforts in follow-up revision and approval of such legal acts as the Agreement on the Eurasian Economic Union Customs Code; the Agreement on Trademarks, Service Marks and Appellations of Origin of Goods in the Eurasian Economic Union; the Agreement on Unified Procedures for Collective Management of Copyright and Related Rights and the Agreement on Coordination of Intellectual Property Object Enforcement Activities.

Rospatent promoted international economic integration, with a focus on establishing free economic zones between the EAEU member states and third countries. Rospatent specialists were heavily involved in negotiating Intellectual Property, a section in the draft Free Trade Zone Agreement Between the Member States of the Customs Union and the Socialist Republic of Vietnam. The legal language of the Section was finalised in the sixth round of talks in Sochi, June 2014. With EEC support, Rospatent instigated that special attention be paid in the Section provisions to governing the protection and enforcement of rights to geographical indications and appellations of origin of goods. The content of the Section is expected to lay the basis for IP provisions in other trade agreements to be likely drafted in 2015. The year under review saw continued negotiations on agreements with New Zealand and the European Free Trade Association.

Rospatent’s engagement in the Advisory Committee on Intellectual Property of the Eurasian Economic Commission Board continued in 2014 and was specifically focussed on preparing materials for the 4th Session held on October 16, 2014. Among other items on the agenda, the Session explored the need for setting up a Working Group under the Board to propose provisions for governing further exercise of the exhaustion-of-exclusive-rights principle with regard to intellectual property objects. The EEC Committee approved a new line-up for the Working Group (Decision No. 108 of September 18, 2014) to include Liubov L. Kiriy, Acting Director General of Rospatent. The Working Group members held their 1st Session on December 15, 2014 and shared their approaches to selecting the principle of exhaustion of the exclusive rights with regard to the intellectual property objects within the EAEU territory, as well as coordinated further plans for the Working Group.

3.3. Bilateral Cooperation

Rospatent promoted the relations with the Chinese counterparty focussed on legal protection and enforcement of intellectual property rights in the reported year. A memorandum of understanding and cooperation between Rospatent and the State Administration for Industry and Commerce of China (SAIC) for the protection and enforcement of trademarks was signed in the presence of the two countries’ heads of state on May 20, 2014 as part of the state visit of President of the Russian Federation Vladimir V. Putin to Shanghai. The signatories were Mr. B. P. Simonov, Director General of Rospatent, Russia, and Mr. Zhang Mao, Minister of SAIC, China. The provisions of the said instrument set forth the areas of further cooperation between SAIC and Rospatent in terms of the exchange of information on legal protection and enforcement of trademarks and formalise a coordinated joint action to counter breaches of applicable law.

«Patent Information and Building Up Innovation Capacity» was the subject matter of a seminar in Harbin (China), organised on June 10–11, 2014 by Rospatent and the State Intellectual Property Office of China (SIPO) in team with the World Intellectual Property Organisation. Representatives of Russian Technology and Innovation Support Centres took part in the seminar. The participants explored quite an array of drivers for building up innovation capacity and capability in the Russian Federation and the People’s Republic of China.

Rospatent continued coordinating sessions of the Russian-Chinese Working Group for cooperation in legal protection and enforcement of intellectual rights. The Working Group had been set up within the Sub-Commission for Trade and Economic Cooperation of the Russian-Chinese Commission for Preparing Regular Meetings of the Heads of the Government. The seventh regular meeting of the Working Group took place in St. Petersburg on July 2–3, 2014. The impressive line-up of the participants increased the high profile of the event. Specifically, Russia was represented by officials from Rospatent, the Federal Customs Service, the Ministry of Internal Affairs of the Russian Federation, the Ministry for Economic Development of the Russian Federation, the General Prosecutor’s Office, the Ministry of Culture of the Russian Federation; China was represented by officials from the Ministry of Commerce, the Supreme People’s Prosecution Office, the General Customs Office, SIPO and SAIC.

The negotiations focussed on cooperation within BRICS, WTO, APEC and WIPO. The parties exchanged information on the practice of countering intellectual property infringements and resolved that Chinese specialists be trained in the Russian State Academy of Intellectual Property (RGAIS).

Rospatent hosted a trilateral seminar called «Administrative Resolution of Intellectual Property Disputes» on the 5th of September 2014. Organised in team with the State Intellectual Property Office of China (SIPO) and Intellectual Property Office of Mongolia (IPOM), the seminar drew attendance from Rospatent, the Chamber for Patent Disputes, the Court for Intellectual Property Rights, the Russian Academy of Justice, the Russian State Academy of Intellectual Property (RGAIS), the Ministry for Economic Development of the Russian Federation, IPOM and SIPO. Mr. Michal Svantner, Director of WIPO Office in the Russian Federation, represented the World Intellectual Property Organisation. Summarising the seminar results, the participants expressed their intention to promote cooperation on the basis of accords formalised in a tripartite memorandum – drafted by Rospatent and pre-approved by the parties.

A delegation of fifteen judges of the Supreme People’s Court of one of the Chinese autonomous regions visited Rospatent on November 7, 2014. Specialists of Rospatent and FIPS Chamber for Patent Disputes had an information session with the Chinese delegates to address their queries.

On June 3, 2014, Rospatent hosted the 9th Session of the Russian-French Working Group for the protection of intellectual property and struggle against counterfeit products, set up under the Russian-French Council for Economic, Financial, Industrial and Commercial Issues (CEFIC).

The Russian participants included officials from the Ministry for Economic Development of the Russian Federation, Ministry of Industry and Trade of the Russian Federation, Ministry of Agriculture of the Russian Federation, the Federal Service for the Supervision of Public Health, the Federal Supervision Agency for Information Technologies and Communications, the Federal Alcohol Market Regulatory Service, Rospatent, the Federal Customs Service, the Russian Intellectual Property Court, the General Prosecutor’s Office, the Chamber of Commerce and Industry, the Federal Enterprise Soiuzplodoimport, the Russian Academy of Justice and the Association of Branded Goods Manufacturers (RusBrand). The French delegation encompassed representatives of the National Institute of Industrial Property (INPI), National Institute of Origin and Quality (INAO) and the Embassy of France to Moscow.

The session was co-chaired by INPI Director General Yves Lapierre and Rospatent Director General Boris P. Simonov.

The participants focussed on three core areas, i.e. mechanisms for enforcement of intellectual property and combat with counterfeit goods, promote cooperation in combating counterfeit healthcare products and join forces to ensure legal protection and enforcement of appellations of origin and geographical indications.

The session ended up in outlining formats and areas for further cooperation as well as events planned for the future to implement the accords achieved.

In 2014, Rospatent and the Ministry of Science and Education of the Russian Federation continued drafting intergovernmental agreements on cooperation in science and technology. Specifically, the parties proposed ways to improve the governance of legal protection and enforcement of intellectual property objects under the said instruments drafted for the subject matter area. The drafts under review target Ireland, Norway, Republic of Korea, Finland and Ecuador. Drafting and coordinating the agreements will continue into 2015.

3.4. Cooperation with CIS countries

On August 20–22, 2014, Dushanbe (Republic of Tajikistan) hosted the 3rd Session of the Interstate Council for Legal Protection and Enforcement of Intellectual Property drawing participation from 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 Tajikisan, the CIS Executive Council, the Eurasian Patent Office of the Eurasian Patent Organisation and WIPO. Acting Director General of Rospatent Liubov L. Kiriy headed the Russian delegation. Rospatent’s presentation examined the status of legal protection and enforcement of intellectual property rights in Russia, measures to counter IP infringements and how these are linked to the implementation of the second stage (2012-2015) of the CIS Economic Development Strategy until 2020 where applicable to intellectual property. Also, Rospatent professionals discussed at the Session the Draft Concept of Building and Developing a CIS Intellectual Property Market; the Draft Concept of Building and Developing an Interstate System of Training, Occupational Retraining and Professional Development in the IP Sector; CISPATENT Project status (i.e. industrial publication of the regional patent information product of the CIS countries on CD-ROM); cooperation between Working Commissions dealing with copyright and related rights, industrial property and measures to counter intellectual property infringements. Also, the Session accommodated a regional seminar called «Intellectual Property System and Ways of Its Development» organised by WIPO jointly with the Eurasian Patent Organisation (EAPO).

On April 8–9, 2014, Rospatent’s delegation took part in a regular session of the Project Coordination Council for the industrial publication of the regional patent information product of the CIS countries on CD-ROM. The session was held at the National Centre for Intellectual Property of the State Committee for Science and Technology of the Republic of Belarus (City of Minsk). The event drew participation of national patent offices of the Republic of Belarus, Georgia, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Russian Federation, the Republic of Tajikistan and the Eurasian Patent Office (EAPO).

A report was made at the session covering the CISPATENT CD-ROM delivery as a regional patent information industry product of the CIS countries in 2013. The CISPATENT costs for 2013 were approved, so was the production budget for 2014.

Based on the positive results of the CISPATENT discs transferred via the FIPS FTP server, the session resolved that the national patent offices should reserve the right to choose communication channels for data transfer, including the FIPS FTP server.

The Coordination Council will convene next in the first quarter of 2015.

On November 13, 2014, Acting Director General Liubov L. Kiriy met at Rospatent with Director A. K. Estaev, Department for Intellectual Property Rights, the Ministry of Justice of the Republic of Kazakhstan. The parties signed an agreement on teamwork between the Federal Institute of Industrial Property (FIPS) and the National Institute of Intellectual Property under the Ministry of Justice of the Republic of Kazakhstan (NIIS). The agreement governs access to PatSearch, an in-house search system for data on inventions and utility models of the Russian Federation (USSR), CIS countries, information and search resources of the leading global patent offices, with an option for accessing external specialised non-patent databases. PatSearch will enable NIIS specialists to complete full-scale information search.

3.5. Rospatent as an International Searching Authority and International Preliminary Examining Authority

Rospatent operated as an International Searching Authority and an International Preliminary Examining Authority in 2014 under the Agreement between Rospatent and WIPO International Bureau in effect from January 1, 2008 to December 31, 2018. Rospatent follows this Agreement when performing the international-type search and international preliminary examination of applications in Russian and in English languages. Under provisions thereof, thirty receiving offices of the contracting states have selected Rospatent as a competent International Searching Authority and an International Preliminary Examining Authority.

2797 international applications were received for international-type search. The total includes 955 applications filed with Rospatent as a receiving office, 1559 applications filed with the USA receiving office and 283 applications coming from the receiving offices of Azerbaijan, Belorussia, Bulgaria, Hungary, Vietnam, Georgia, EAPO, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Ukraine, Uzbekistan and WIPO International Bureau. The requests for international preliminary examination were received in respect of 77 international applications, of which 50 requests related to applications filed with Rospatent as a receiving office.

Rospatent in compliance with PCT Regulations Rule 45bis has been carrying out supplementary international-type searches for PCT applications since January 2009. In the reported year, relevant requests came for 46 international applications filed mostly by applicants from Sweden (40 applications). The remainder came from applicants in the USA, Canada, Russia, Switzerland and China.

Rospatent carries out international-type search for national and regional applications in line with Article 15 (5), РСТ. International search reports were prepared in 2014 on 10 national applications filed with Rospatent. Reports on international-type searches for 707 Eurasian applications and 32 examination opinions were forwarded to EAPO. One international-type search report with an opinion was prepared in 2014 on applications filed with CIS patent offices.

International search reports and examination opinions on 752 applications were prepared and dispatched under the Agreement between Rospatent and the Turkish Patent Institute (TPI) in 2014.

Table 3.5 below shows the key performance indicators (KPIs) of Rospatent as an international searching authority and an international preliminary examining authority in the last 5 years.

Table 3.5

Key performance indicators

2010

2011

2012

2013

2014

Total applications filed for international search

889

1023

2342

3588

2797

Total requests for international preliminary examination

80

91

121

85

77

Total applications filed for supplementary international search

40

26

18

25

46

Total reports on international-type search prepared under requests from:

CIS

414

11

2

2

-

EAPO

655

670

817

891

707

TPI

613

936

784

588

752

3.6. Rospatent as a Receiving Office

The Patent Cooperation Treaty (PCT) and PCT Regulations govern Rospatent’s operations as a receiving office. As such, Rospatent accepts international applications from Russian Federation nationals or residents in conformity with Article 2 (xv) and Article 10 of the PCT, as well as Rule 19 of the PCT Regulations. Applications may be filed with Rospatent in Russian and in English languages.

994 international applications were submitted to Rospatent as a receiving office in 2014. Rospatent and the European Patent Office (EPO) are the competent International Searching Authorities for applications filed with Rospatent as a receiving office. Notably, the vast majority of applicants had selected Rospatent as an International Searching Authority (893) vs. 101 applicants who had selected EPO as an International Searching Authority for their international applications.

As a receiving office, Rospatent has been accepting international applications in PCT-SAFE, WIPO’s electronic filing software, since January 1, 1999. The applications so prepared, totalled 221 in 2014, i.e. 22.2 per cent of all applications filed.

Furthermore, in keeping with the Eurasian Patent Convention (Article 15 (1) (ii)), Rospatent is a receiving office for Russian applicants filing Eurasian applications. Thus, Eurasian applications filed by Russian applicants, totalled 162 in 2014.

See Table 3.6 below for Rospatent’s key performance indicators as a receiving office.

Table 3.6

Key performance indicators

2010

2011

2012

2013

2014

Total in-coming international applications

823

1062

1150

1190

994

Total international applications processed with PCT-SAFE

84

150

199

229

221

3.7. Rospatent’s participation in Patent Prosecution Highway (РРН) project

The year under review added momentum to cooperation with foreign patent offices under the Patent Prosecution Highway (РРН), which Rospatent joined in 2009.

РСТ-РРН, a bilateral programme between Rospatent and the Korean Intellectual Property Office (KIPO), as well as multilateral programmes with the Portuguese Patent Office, РРН-Mottainai and РСТ-РРН, are part of a coordinated and structured effort to step up cooperation with foreign patent offices. Negotiations were initiated to establish bilateral relations under PPH with the Republic of Kazakhstan. Rospatent and the Intellectual Property Office of Singapore (IPOS) signed a PPH memorandum of understanding on September 22, 2014.

Global Patent Prosecution Highway (GPPH) was launched as a pilot programme on January 6, 2014. Rospatent made a few theoretical and practical contributions to advancing GPPH. Seventeen patent offices had been the GHHP contracting parties since January 2014. Two more patent offices got on board GPPH in November 2014. Thus, Rospatent’s partners under diverse bilateral and multilateral PPH programmes include today intellectual property offices of Japan, the USA, Korea, China, the UK, Canada, Australia, Denmark, Finland, Hungary, Spain, Sweden, Portugal, Israel, Norway, Iceland, Austria, Singapore and the Nordic Patent Institute.

The experience exchange programme for IP specialists with the Japan Patent Office (JPO) was promoted in 2014 under the PPH programme. Specifically, two Russian examiners visited the Japan Patent Office in May 2014 for on-site training and getting familiar with the JPO structure, search systems and invention patent application processing practice.

Within the effective term of PPH, Rospatent received (as to December 31, 2014) the total amount of 473 requests for joining PPH, including 185 applicant requests from Japan, 225 from the USA, 18 from Korea, 13 from China, 6 from Finland, 1 from Spain, 15 from Canada, 4 from Israel, 1 from Australia, 4 from the UK and 1 from Denmark. Noteworthy, total requests processed for diverse participation in PPH is growing year on year. PPH participation requests for the reported year totalled practically as many as those filed in the entire prior period the PPH programme had been in effect.



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