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Annual report of Rospatent 2014 (Section 6)

 
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6.1. Scientific activity

6.1.1. Science and Technology Council of Rospatent and FIPS

The Science and Technology Council (SТС) of Rospatent and FIPS is the consultative body under the Director General of Rospatent and the Director of FIPS, which on the basis of Rospatent and FIPS senior officials’ directives carries out panel discussion and works out proposals for issues on management of scientific, scientific-technical, scientific-legal and informational activity of Rospatent and FIPS.

Due to the structural and personnel changes in 2014 the list of STC members was updated as well as the list of STC sections’ members. The structure of the STC of Rospatent and FIPS accounts for 100 members, including 6 doctors of sciences and 30 candidates of sciences.

The STC consists not only of employees of Rospatent and FIPS, but also the representatives of the subordinate to Rospatent authorities: the Federal Agency for Legal Protection of the Results of Intellectual Activity of Military, Special and Dual Use (FAPRID) and the Russian State Academy of Intellectual Property (RGAIS), representatives of the Council of the Federation Committee on Science, Education, Culture of the Federal Assembly of the Russian Federation, the Administrative Department of the President of the Russian Federation on Science and Education Policy, the Ministry of Defense of the Russian Federation, the Department of Defense Industry Complex and Innovative Activity of the Ministry of Industry and Trade of the Russian Federation, the Institute of Legislation and Comparative Law under the Government of the Russian Federation, the Lomonosov Moscow State University (MGU), the National University of Science and Technology (MISIS), public organizations such as the All-Russian Society of Inventors and Innovators, Moscow Organization of Inventors and Innovators, the Interregional public organization for promotion of patent attorneys activity «Chamber of Patent Attorneys», the Interregional public organization «Union of Patent Attorneys», the Regional public organization «Saint-Petersburg Collegiums of Patent Attorneys», representatives of other organizations and notable patent attorneys.

In 2014, 8 meetings of the STC of Rospatent and FIPS were held. 19 presentations and reports were considered and as a result the corresponding decisions were adopted.

The most important issues considered at joint sessions of the STC were as follows:

  • results of Rospatent activities in 2013 and tasks for 2014 taking into account the fulfillment of the Comprehensive Plan of Rospatent System Development till 2015;
  • analysis of existing normative legal base and proposals on the interaction of Rospatent with state customers and other interested federal executive authorities and organizations on matters of state accounting of the results of research, development and technological works of military, special and dual use, the rights on which are owned by the Russian Federation;
  • progress of work on the implementation of information systems developed in 2013;
  • research of patenting of inventions and utility models in the Russian Federation and abroad in the field of information and communication technologies for the development of methods of determining critical (limit) values of information security indicators;
  • performance of the functions of control and supervision in the sphere of legal protection and use of the results of intellectual property created at the expense of federal budget;
  • conception of archival storage of documents in FIPS;
  • role of the All-Russian Society of Inventors and Innovators in the development of innovative economy in Russia;
  • issues of patenting results of intellectual activity in the field of information and communication technologies as indicator of the economic component of information security of the Russian Federation;
  • current issues of improvement of the effectiveness of RGAIS activity in the present conditions;
  • reflecting recent amendments to Part IV of the Civil Code of the Russian Federation in the draft administrative regulations and rules, which regulate the functions of the Federal Service for Intellectual Property on providing state services on considering and resolving disputes under administrative procedure;
  • analysis of law enforcement practice on considering of appellations by the Court for Intellectual Property Rights in respect of appealing of Rospatent decisions resolved by the Chamber of Patent Disputes under administrative procedure;
  • main provisions of the Strategy of Rospatent System Development till 2020;
  • implementation of strategy for development of information technologies in FIPS;
  • development of normative legal acts refer to registration of trademarks and appellations of origin in view of amendments to Part IV of the Civil Code of the Russian Federation.

In April and June 2014, ceremonial meetings of the STC devoted to the International Intellectual Property Day as well as Inventor and Innovator Day were held. During the meetings participants of innovation process and specialists in the field of intellectual property, authors and patent holders, which have been selected in the list «100 Best Russian Inventors» in 2013, Rospatent employees were awarded by the diplomas and medals of Rospatent, Certificates of the Honor of the All-Russian Society of Inventors and Innovators and diplomas of the Moscow International Salon of Inventions and Innovations Technologies «Archimedes». High school students were awarded with diplomas and souvenirs as the winners of VI International Olympiad on Intellectual Property organized by Rospatent and the Russian State Academy of Intellectual Property.

More detailed information on joint meetings and taken decisions of the STC are available on Rospatent and FIPS web-sites in section «Scientific Activity».

Besides, in 2014, the following sections of the STC were held: «Issues of Legal Protection and Examination of Intellectual Property Objects»; «Information Technology and Computerization»; «Economic and Organizational Issues».

Totally 5 meetings of the STC sections were held and 10 issues were considered. Special attention was given to consideration and discussion of final reports on results of performance of the R&D as well as reports on performance of R&D stages. At the meetings of the STC sections the draft R&D Plan for 2015 on the abovementioned issues was considered and approved.

6.1.2. Scientific researches carried out by FIPS

In 2014, FIPS’s scientific activity was carried out in accordance with the R&D Plan of FIPS approved by Director General of Rospatent in three areas:

  • issues of legal protection and examination of intellectual property objects;
  • information technology and computerization;
  • economical and organizational issues.

Scientific researches were carried out on 11 topics, on 7 of which final reports were prepared.

In the field of information technology and computerization were prepared:

  • technology of documentation flow on applications filed under the Hague Agreement procedure, which can be used after the accession of the Russian Federation to the Geneva Act of the Hague Agreement;
  • proposals on adaptation of automated systems of documentation flow in FIPS and procedure for interaction of FIPS departments in relation to this category of applications;
  • recommendations for Russian applicants on filing the applications for the international registration of industrial designs;
  • list of new terms of CPC and synonyms of the essential terms for including in alphabetical subject index;
  • proposals on development of the patent search system for examination of inventions and utility models PatSearch.

In the field of economical and organizational issues:

  • information and analytical materials defining the innovative activity of the state research centers (SRC) of the Russian Federation with regard to the creation of intellectual property protected by patent law and its implementation were prepared;
  • the Concept for the TISCs Network Development of the Russian Federation was developed, approved by the Board on Intellectual Property under the Chairman of the Council of Federation of the Federal Assembly of the Russian Federation and adopted by the Order of Rospatent;
  • target indicators and key figures of the TISCs Network development, the form of annual reports concerning the TISCs activity, the form of online questionnaire of TISC services’ user were developed;
  • recommendations on the draft document which shall be submitted by small and medium enterprises when claiming their right to pay patent fees in a reduced size were prepared.

More detailed information on R&D, performed by FIPS, is provided on FIPS web-site in section «Scientific Activity».

The results of R&D are used in practice when performing works in main areas of FIPS activity that are fixed in the Statute and reflected in producing of books, publications in specialized magazines as well as in reports of the scientific and practical conferences, seminars, forums, etc.

6.1.3. Scientific activity of the Russian State Academy of Intellectual Property

In 2014, the Russian State Academy of Intellectual Property (hereinafter – RGAIS) performed the scientific research «Audit of the created results of intellectual activity for registrability» for the State Atomic Energy Corporation «ROSATOM» and the scientific research «Study of mechanisms of implementation and enforcement of copyright and related rights, including in information and telecommunications networks, preparation of proposals for the development of legislation on enforcement of copyright and related rights, including in the digital area, accounting of copyright and related rights objects, as well as legislation in the field of control over the organizations for collective management of copyright and related rights and improvement of their transparency and openness level» for the Ministry of Culture of the Russian Federation.

In March-April 2014, the All-Russian Contest of Scientific Research Works of Students was taken place. The winners were the R&D of Intellectual Property Management Faculty students «Development of the Trademark for Scientific and Educational Project «IP Descent» and R&D of Law Faculty students «Unified Policy for Domain Name Dispute Resolution: prospects of implementation in the Russian Federation».

In 2014, scientific and educational project «IP Descent» was successfully implemented. Approbation of the project took place in the period from July 27 to August 8, 2014 on the island Olkhon in the camp site «Community» of the Russian Union of Youth.

In 2014, multi-authored monographs «Practical tools for commercialization of intellectual property results», «The Court for Intellectual Property Rights in the system of the state bodies in the Russian Federation», «The formation of effective mechanisms for innovative development of the Russian economy», «Aspects of protection and enforcement of intellectual property rights in the Customs Union and the Common Economic Space» were issued in RGAIS.

During 2014 RGAIS received 45 inquiries on preparation of scientific and expert conclusions of specialists and written consultations. The subject of prepared conclusions and scientific consultations was related to the issues of copyright, patent law, the means of individualization and damage evaluation related to infringement of rights to the protected results of intellectual activity.

6.2. Training and advanced training of employees

6.2.1. Training of civil servants of Rospatent

In 2014, the continuing professional education of federal civil servants of Rospatent was organized in accordance with the Decree of the President of the Russian Federation of December 28, 2006 No. 1474 «On continuing professional education of state civil servants of the Russian Federation» and the Decree of the Government of the Russian Federation of February 21, 2014 No. 235-p «On state contract for continuing professional education of federal civil servants for 2014».

The topics of continuing professional programs were selected in accordance with the List of focal areas of continuing professional education of federal civil servants for 2014 (approved by the letter of the Administration of the President of the Russian Federation of April 22, 2013 No. А71-7475).

In 2014, civil servants of Rospatent were trained:

  • under the professional retraining program «State and municipal management» – 2 specialists;
  • under the advanced training programs:
  • - «The development of the state service system of the Russian Federation, including issues related to the implementation of modern human, information and management technologies to the state service» – 5 specialists;
  • - «The state policy on prevention of corruption» – 1 specialist;
  • - «The state foreign policy, including issues related to the accession of the Russian Federation to the World Trade Organization» – 5 specialists;
  • - «The state foreign policy in the field of social and economic development of the Russian Federation» – 1 specialist.

6.2.2. Training of specialists in RGAIS

6.2.2.1. Training of specialists with higher education

In 2014, the higher education program was completed by 181 persons in total, of which:

  • full-time education – 111 persons (76 specialists, 35 magisters);
  • education by correspondence – 70 persons (specialists).

As of December 31, 2014 in RGAIS there are 674 students, of which 441 persons have full-time education and 233 persons – correspondence education.

In 2014, for the purpose of methodological support of educational activity, 30 teaching packages and 4 textbooks were developed, approved and published.

The creation of the Educational and Methodological Association on Intellectual Property on the basis of RGAIS was initiated in order to implement a unified educational policy in the area of training highly qualified specialists in the field of protection, enforcement, commercialization of intellectual activity objects and taking into account consistently increasing demand for innovation-oriented staff.

On December 16, 2014 the first meeting of the Educational and Methodological Council on «Management of intellectual property» based on the Educational and Methodological Association of universities on polytechnic education was held at the Bauman Moscow State Technical University.

According to the results of monitoring of universities’ effectiveness, which was held in 2014 by the Federal Service for supervision in the sphere of science and education, RGAIS was referred to the effective universities.

6.2.2.2. Advanced training and professional retraining of specialists

RGAIS together with its structural departments – the Institute for Advanced Training and Professional Retraining (Moscow) (hereinafter – IPKPP) and Privolzhsky Institute of Advanced Training and Professional Retraining (hereinafter – PIPKPP) continued to work on the development of continuing professional education in the field of intellectual property.

In 2014, 14 educational programs for advanced training were created.

Within the subject oriented programs of RGAIS the trainees were the most interested in the following:

  • «Management of rights to the results of intellectual activity created under the state contracts for carrying out R&D of military, special and dual use»;
  • «Cost evaluation of intellectual property rights and economic losses from the intellectual property rights infringements»;
  • «Evaluation of the results of intellectual activity. Practical work»;
  • «Patent and licensing strategies»;
  • «Patent landscape in the patent research system»;
  • «Improvement of the innovation model of contractual relations of high technology products developers and customers on the principles «WIN-WIN»;
  • «Marketing research in the framework of activities of the organizations under study»;
  • «Efficient creation and commercialization of the results of scientific and technical activities (R&D)».

The programs of PIPKPP attract the great interest among specialists:

  • «Bankruptcy: amendments to legislation and arbitration court practice»;
  • «Actual issues of accounting and reporting of the public sector in accordance with amendments to legislation»;
  • «Arbitration court practice on insolvency and bankruptcy. Principles of labor legislation and taxation».

In 2014, the following 3 professional retraining programs were developed, updated and approved:

  • «Administrative Assistant – adviser on issues of management and economics of intellectual property»;
  • «Intellectual property. Patenting» (the term of training has been reduced up to 6 month);
  • «Legal protection and enforcement of intellectual property» (the term of training has been reduced up to 6 month).

Taking into account the amendments to legislation the updated distance learning courses were developed:

  • «Objects of patent law, means of individualization and examination thereof»;
  • «Patent law».

An electronic register to monitor the quality of leaning the educational programs by the trainees was created as a part of information support of IPKPP activity. All necessary handout materials and control tasks for trainees were digitized. Information databases of institute graduates for the last 2 years, companies and organizations, which concluded contracts with IPKPP, and Patent Offices were created in IPKPP.

Statistics for graduates has significantly increased against the last year due to an active involvement of PIPKPP to the work on the development of continuing education in the regions.

The number of trainees completed the professional retraining programs in 2014 is given in Table 6.2.2.2.1.

Table 6.2.2.2.1

Trainees completed the professional retraining programs

Program

Number of trainees

Intellectual property. Patenting

36

Patent specialist

30

Jurisprudence

67

Total:

133

The number of trainees completed the advanced training programs in 2014 is given in Table 6.2.2.2.2.

Table 6.2.2.2.2

Trainees completed the advanced training programs

Program

Number of trainees

With the grant of authorization documents:

Advanced training for examiners, who examine applications for inventions and utility models (FIPS)

24

Intellectual property in innovation activity of enterprise

8

Intellectual property: Legal protection and commercialization of rights (OAO “Russian Helicopters”) - 180 hours

24 authorization documents
3 certificates

Efficient creation and commercialization of the results of scientific and technical activities (R&D) Norilsk

25

Management of rights to the results of intellectual activity created under the state contracts for carrying out R&D of military, special and dual use (FAPRID)

15

Human resources management

7

Accounting reports in accordance with international standards

7

Arbitration court practice on insolvency and bankruptcy. Principles of labor legislation and taxation

100

Total authorization documents:

210

With the grant of certificates:

Legal protection of industrial property objects (OAO “Russian Helicopters”) – 32 hours

15

Cost evaluation of intellectual property rights and economic losses from the intellectual property rights infringements (Kyrgyzpatent)

18

Training of candidates to patent attorneys. Inventions and utility models.

41

Training of candidates to patent attorneys .Trademarks and appellations of origin.

27

Seminar “Protection of intellectual property rights: new information and recommendations in the light of amendments to the Russian legislation”

33

Bankruptcy: amendments to legislation and arbitration court practice

294

Actual issues of accounting and reporting of the public sector in accordance with amendments to legislation

139

New in the land and town planning legal relationships

63

Commercialization of transferable objects in the field of intellectual property

8

Total certificates

641

Total:

851

The results of advanced training of specialists on various intellectual property issues with the use of distance learning technologies is given in Table 6.2.2.2.3.

Table 6.2.2.2.3

Specialists with higher professional education completed advanced training
with the use of distance learning technologies

Program

Number of trainees

With the grant of authorization documents:

Objects of patent law, means of individualization and its examination

17 authorization documents (1 certificate)

Legal protection of copyright and related rights

9

Total authorization documents:

26

With the grant of certificates:

Legal protection and enforcement of cinematographic works

2

Patent law

5

Legal protection and enforcement of intellectual property

19

Foreign patenting of industrial property objects

6

Basics of patent research

14

Knowledge management: basics of innovation economy

2

International agreements in the field of industrial property protection

1

Total certificates

50

Total:

76

6.2.3. Organization of education and advanced training for FIPS specialists

Organization of education and advanced training for FIPS specialists is carried out within the Unified Training System (UTS) under the principle of continuity with the use of internal and external forms of education starting from the date of hiring. Ensuring of conditions for continuous advanced training for employees is provided by the Statute of FIPS.

6.2.3.1. Organization of training for FIPS employees with the use of internal forms

According to the Consolidated plan of internal training of employees in 2014 approved by the Director of FIPS, the following activities were held:

  • 33 centralized studies for heads of divisions, their deputes and leading specialists of FIPS on practical issues in relevant fields of activity and targeted at various categories of employees;
  • 546 studies in FIPS divisions in accordance with quarterly plans on internal training. They dedicated mainly to studies of newly adopted regulating documents, issues on carrying out examination as well as analysis of the results of internal and external quality control of examination in certain divisions; the studies were carried out by the heads of that divisions.

In the second half of 2014, during the studies the main focus was on training of division heads and examiners to work in accordance with the amendments to the Civil Code of the Russian Federation (№ 35-FZ of March 12, 2014). The training of FIPS examiners was carried out according to the plan of training approved by the Director General of Rospatent.

The training of examiners on the usage of various search systems including techniques of search in Rospatent search system PatSearch has been continued.

In the framework of experience exchange with international patent offices 4 workshops on enforcement practice of other patent offices (EPO, OHIM, SIPO, IPOM) were conducted in Rospatent for FIPS examiners and administrative officials. 240 specialists participated in these workshops.

6.2.3.2. Advanced training of beginning examiners of FIPS

In 2014, following the results of the open tender on advanced training of FIPS beginning examiners in the field of invention and utility model examination, the civil law contract of the publicly funded institution was concluded with RGAIS. In accordance with the contract the training of 12th class of FIPS beginning examiners of 28 persons was organized and held. The training was carried out in accordance with the educational plan with duration of 220 academical hours.

6.2.3.3. Training programs of higher professional education

In 2014, under the program of higher professional education in RGAIS, 11 FIPS employees (first higher education) continued their training, of them 3 employees were trained at the expense of FIPS. 1 person defended a thesis, 2 persons continue their training. 8 employees were trained at their own expense, of them 2 employees defended their theses.

21 employees of FIPS were enrolled to RGAIS for receiving education under magister program (specialty 40.04.01 «Jurisprudence») at their own expense.

6.2.3.4. Postgraduate education in RGAIS

3 FIPS employees continued postgraduate education in RGIAS, entered on their own initiative.

6.3. Certification and Registration of Patent Attorneys

6.3.1. Maintaining the patent attorneys’ register as well as controling the fulfillment by patent attorneys of the requirements provided by the Russian legislation

The Federal Law of December 30, 2008 № 316-FZ «On the Patent Attorneys» (hereinafter – the Federal Law) and the Decree of the Government of the Russian Federation of March 21, 2012 № 218 «On the Federal Service on Intellectual Property» assign to Rospatent the responsibility to carry out certification and registration of patent attorneys, to issue the registration certificates as well as to control the fulfillment by patent attorneys of the requirements provided by the Russian legislation.

The terms and sequence of actions for delivery by Rospatent the relative state service regarding patent attorneys’ activities are provided by the Administrative Regulation on performance by the Federal Service for Intellectual Property, Patents and Trademarks of the function on certification and registration of Patent Attorneys of the Russian Federation, granting registration certificates to patent attorneys and the control over performance by patent attorneys of the requirements provided by the legislation of the Russian Federation, approved by the Order of the Ministry of Education and Science of the Russian Federation of October 5, 2009 № 368 registered by the Ministry of Justice of the Russian Federation of February 2, 2010, (registration № 16 201) (hereinafter – Administrative Regulations).

During the reported period Rospatent carried out the activity on maintaining the Register of Patent Attorneys of the Russian Federation (hereinafter – the Register), entering in the Register the corresponding information and its publication on the official web-site of Rospatent.

As of December 31, 2014, 1687 acting patent attorneys were registered in the Register of Patent Attorneys of the Russian Federation (hereinafter referred as the Register).

During 2014, in order to update the information on patent attorneys and to provide true information to third parties the work on introduction of changes to the Register as well as in information published on the official web-site of Rospatent was carried out.

In accordance to Part 5 of Article 7 of the Federal Law a patent attorney is obliged to forward information about all changes in data contained in the Register in 30 days from the date of occurrence of such changes. During 2014, 265 changes in the information relating to the registered patent attorneys were made in the Register.

In 2014, work on specifying the information presented on the official web-site of Rospatent was carried out in accordance with the displayed deficiencies. In 2014, the information on records relating to 130 patent attorneys was specified.

Any person may receive an extract from the Register that contains published (in accordance with Part 7 of Article 7 of the Federal Law) information on registered patent attorneys by filing a request to Rospatent. In 2014, upon request of law enforcement authorities in accordance with Part 5 of Article 7 of the Federal Law one extract from the Register was prepared that contained information, in particular, on the status of a patent attorney of the Russian Federation, specialization and a number of the issued certificate.

In accordance with Part 6 of Article 7 of the Federal Law a new certificate of a patent attorney is issued when changing of information included in the certificate of a patent attorney. On this ground, in 2014, 5 new certificates of patent attorneys were issued.

6.3.2. The organization and conduction of works on certification of patent attorneys

According to Part 7 of Article 6 of the Federal Law qualification examination on certification of patent attorneys of the Russian Federation and the patent attorneys wishing to expand their area of practice is conducted via 5 specializations: «Inventions and Utility Models», «Industrial Designs», «Trademarks and Service Marks», «Appellations of Origin», «Computer Programs, Databases, Topographies of Integrated Circuits».

In 2014, the Qualification Commission of Rospatent continued work on organizing consultations for persons who are admitted to the qualification examination. Such consultations were held three times per year before each examination in the following areas:

  • organizational issues regarding the examination and particularities of computer testing;
  • particularities of written works and practical tasks on different specializations.

Such consultations are held by members of the Qualification Commission, specialists of Rospatent and FIPS.

For citizens wishing to obtain the status of a patent attorney of the Russian Federation, the necessary information including statements relating to drawing up applications for certification and the enclosed documents and preparation to pass qualification examination is available on the official web-site of Rospatent in section «Patent Attorneys», subsection «How to become a patent attorney».

6.3.2.1. Activity of the Qualification Commission of Rospatent

The Qualification Commission of Rospatent and the Appeal Commission of Rospatent shall consist of representatives of the Patent Attorney Community, candidates of which are represented by public associations or self-regulating organizations of patent attorneys.

As provided by provision of Part 2 of Article 6 of the Federal Law in the reported period the rotation of one member of the Qualification Commission took place. Patent attorney of the Russian Federation Ms. Galina P. Mus, member of the Qualification Commission of Rospatent, was awarded with the diploma of the Federal Service for Intellectual Property due to her large contribution to development and improvement of the theory and practice of legal protection of intellectual property objects.

The activity of the Qualification Commission of Rospatent was carried out on the basis of the Plan of action for 2014 that was approved by the Qualification Commission and included activities on organizing and holding the qualification examinations, on development of sets of examination tasks on the basis of Program of the qualification examination for certification of candidates to patent attorneys and the patent attorneys wishing to expand their area of practice to the specializations provided by law.

In 2014, according to the approved Plan of action the Qualification Commission of Rospatent organized work on developing sets of examination tasks to hold the qualification examination on the specializations provided by the Federal law, including computer testing tasks, practical tasks and cases.

Specialists of Rospatent, FIPS and members of the Qualification Commission including patent attorneys – members of the Qualification Commission took part in this work. Upon termination of each activity provided by the Plan of action, in accordance with Paragraph 11.1.4 of the Administrative regulation, the Qualification Commission of Rospatent approved and recommended the following documents:

  • set of examination tasks on specialization «Trademarks and Service Marks»;
  • computer tests for examination tasks on specializations «Trademarks and Service Marks» and «Inventions and Utility Models» based on provisions of the Civil Code of the Russian Federation with the latest amendments;
  • set of examination tasks on specializations «International treaties in the field of intellectual property, participant of which is the Russian Federation» and «Trademarks» and computer tests for examination tasks on specializations «Industrial Designs» and «Disposition of rights on all objects» based on provisions of the Civil Code of the Russian Federation with the latest amendments;
  • set of examination tasks on specializations «International treaties in the field of intellectual property, participant of which is the Russian Federation» and «Inventions and Utility Models» and computer tests for examination tasks on specializations «Computer Programs, Databases, Topographies of Integrated Circuits» and «Appellations of origin» based on provisions of the Civil Code of the Russian Federation considering the latest changes.

In 2014, in the framework of providing the state service on certification of citizens wishing to obtain the status of patent attorney of the Russian Federation as well as of patent attorneys of the Russian Federation wishing to expand their area of practice in accordance with part 12 of Article 6 of the Federal Law within the specializations provided for by part 7 of Article 6 of the Federal Law, the certification via qualification examinations for the following specializations was conducted: «Inventions and Utility Models», «Industrial Designs», «Trademarks and Service Marks», «Appellations of Origin», «Computer Programs, Databases, Topographies of Integrated Circuits».

According to part 4 of Article 6 of the Federal Law the process of certification involves:

  • the confirmation of meeting the requirements provided for a patent attorney under parts 2 and 3 of Article 2 and part 13 of Article 6 of the Federal Law, which results in the decision to permit or to refuse the admission to the qualification examination;
  • the qualification examination, during which the candidate to a patent attorney is tested to have the knowledge and the respective practical skills necessary to practice as a patent attorney;
  • the decision to certify or to refuse to certify as a result of the qualification examination.

In 2014, Rospatent received 236 applications for certification as patent attorneys which were considered in due order.

By decisions of the Qualification Commission of Rospatent of January 10, 2014, April 11, 2014 and August 15, 2014, 211 persons were allowed to attend certification on the basis of the submitted applications.

By decisions of the Qualification Commission of Rospatent were not admitted to attend certification:

  • 21 persons due to non-compliance of the presented documents to paragraph 4 of part 2 of Article 2 of the Federal Law according to which a citizen of the Russian Federation who has a higher education and at least four years of practice in the field of activity of a patent attorney in accordance with the chosen specialization can be certified and registered as a patent attorney;
  • 4 persons due to non-expiration of six months term from the date of making decision by the Qualification Commission of Rospatent on refusal to certify as provided for by part 13 of Article 6 of the Federal law;

In 2014, Rospatent conducted three qualification examinations under the applicable legislation: February 24–28, May 26–30 and September 22–26, 2014.

184 persons took part in the qualification examination, while 27 of them, in accordance with Paragraph 11.4.4 of the Administrative regulation informed the Qualification Commission in due course on the failure to take part in the examination on personal grounds. These persons will have the opportunity to attend the following qualification examination in a suitable time for them as provided for by Paragraph 11.4.4 of the Administrative regulation.

By decisions of the Qualification Commission of Rospatent of April 4, 2014, June 27, 2014 and October 24, 2013, 125 persons were certified as patent attorneys taking into account specializations, among them:

  • 92 persons received the status of a patent attorney of the Russian Federation for the first time and were certified for 99 specializations, among them 42 for trademarks and service marks; 45 for inventions and utility models; 7 for computer programs, databases and topographies of integrated circuits, 5 for industrial designs;
  • 33 patent attorneys of the Russian Federation expanded their area of practice for 35 specializations, among them 5 for trademarks and service marks, 11 for industrial designs, 6 for inventions and utility models, 10 for computer programs, databases and topographies of integrated circuits, 3 for appellations of origin;
  • 1 person was certified by the decision of the Appeal Commission of March 27, 2014.

By decisions of the Qualification Commission 59 persons were not certified as patent attorneys due to negative results of the qualification examination.

Due to the admission of the Republic of Crimea to the Russian Federation and formation of new constituent entities of the Russian Federation – the Republic of Crimea and city with federal status Sevastopol, 9 patent attorneys of Ukraine residing in the territory of the Republic of Crimea and city with federal status Sevastopol expressed a desire to get the status of a patent attorney of the Russian Federation by submitting the corresponding applications.

By decision of the Qualification Commission of April 21, 2014 they were allowed to attend the qualification examination on the abovementioned specializations. 8 persons took part in the qualification examination. By decision of the Qualification Commission of May 19, 2014, 8 patent attorneys of Ukraine residing in the territory of the Republic of Crimea and city with federal status Sevastopol were certified as patent attorneys of the Russian Federation on 28 specializations, among them 8 for trademarks and service marks; 8 for inventions and utility models; 7 for industrial designs; 3 for appellations of origin; 2 for computer programs, databases and topographies of integrated circuits.

Information on the results of certification of candidates to patent attorneys and patent attorneys wishing to expand their area of practice to the specializations is given in Diagram 1 and the dynamics of registration of patent attorneys by year – in Diagram 2.

Section_6-1.tif

Information on the distribution of patent attorneys in federal districts of the Russian Federation is shown in Diagram 3 and Table 2 of Appendix 5 to the present Report.

Section_6-2.tif

6.3.3. Activity of the Appeal Commission of Rospatent

The activity of the Appeal Commission of Rospatent is governed by the Federal Law and the Administrative regulations.

During the reported period the Appeal Commission of Rospatent held 3 meetings (on March 22, June 10 and October 15, 2014) at which 15 appeals to the decisions of the Qualification Commission of Rospatent were considered. The appeals were submitted by candidates to patent attorneys as well as from patent attorneys wishing to expand their area of practice within limits of the specified specializations.

In relation to 12 appeals the Appeal Commission of Rospatent agreed with the decisions of the Qualification Commission of Rospatent.

Among 15 appeals received from candidates to patent attorneys and patent attorneys wishing to expand their area of practice, 11 appeals were filed in regarding the decisions of the Qualification Commission to refuse certification due to unsatisfactory results of the qualification examination. As a result of the consideration of these appeals in 8 cases the Appeal Commission agreed with the decisions of the Qualification Commission, in two cases in accordance with Paragraph 12.4 of the Administrative Regulation the Appeal Commission recommended to the Qualification Commission to hold with candidates to patent attorneys a re-examination regarding tasks the answers to which were assessed as «unsatisfactory» at the examination, and in one case decided to cancel the decision of the Qualification Commission to refuse in certification as a patent attorney and obliged the Qualification Commission to reconsider the issue of certification of a candidate to patent attorney.

In order to improve work on conducting the examination of candidates to patent attorneys the Appeal Commission submitted to the Qualification Commission proposals on updating examination tasks and amending actual tasks. These proposals were considered by the Qualification Commission including the development and approval of new sets of examination tasks for the qualification examination.

In reporting period, the Appeal Commission considered 4 appeals to actions of patent attorneys of the Russian Federation that is less than in 2013 (5 appeals) and in 2012 (11 appeals). In accordance with Paragraph 12.3.2 of the Administrative Regulation the Appeal Commission forwarded notifications to patent attorneys on the appeals to their actions with attachment of copies of appeals and offered to submit to the Appeal Commission explanation regarding their motives stated in the appeals for consideration at the meeting of the Appeal Commission in accordance with Paragraph 12.3.3 of the Administrative Regulation.

In respect of 1 appeal the Appeal Commission made a decision that the appeal was beyond its authority as provided for by Paragraph 3 of part 3 of Article 9 of the Federal Law. At the same time members of the appeals commission expressed a special opinion on the inadmissibility of patent attorney V. V. Shevkun (registration № 268) to neglect his activities in the interest of the grantor, in particular, while completing documents as it may result in infringement of rights and legitimate interests of a grantor.

2 appeals were withdrawn in the process of consideration by the Appeal Commission by persons who filed them, and consideration of 1 appeal was delayed upon request of a person who filed it until getting further clarifications from a patent attorney.

The sessions of the Appeal Commission were held regularly upon the receipt of appeals. Reports on the decisions made regarding the considered appeals were sent in due time.

It can be noted that number of appeals being considered annually stabilize to a large degree: in 2012 – 26 appeals, in 2013 – 18 appeals, in 2014 – 19 appeals. It is connected mainly to the fact that at present a preliminary revealing of the appeals submitted to the Appeal Commission, consideration of which are not related to its competence, has been carried out more carefully. In accordance with Paragraph 12.2.2 of the Administrative Regulation such appeals are not admitted to consideration by the Appeal Commission on which their authors have been notified.

Information on the consideration of appeals, in particular, the decision of the Appeal Commission of Rospatent with regard to patent attorney V. V. Shevkun, has been entered to the Register and published on the official web-site of Rospatent.

6.4. Conferences, Seminars, Round Tables

Rospatent pays great attention to promotion of the role and importance of intellectual property and its legal protection. For this purpose Rospatent annually holds conferences, seminars and round tables, both in Moscow and in the regions of the Russian Federation.

The main events held in Moscow:

On April 2, 2014 Rospatent held the Science and Practice Conference of Rospatent «Patent information resources for innovation-driven economy of Russia» within the framework of the ХVII Moscow International Salon for inventions and innovation technologies «Archimedes – 2014» in Sokolniki. In work of the Conference took part representatives of:

  • international organization: the World Intellectual Property Organization (WIPO);
  • administrative and management structures, educational institutions, public organization the All-Union Society of Inventors and Rationalizers, scientific, industrial and other organizations of a number of regions of the Russian Federation.

The number of represented regions of Russia was 25 (Barnaul, Belgorod, Vladikavkaz, Grozny, Yekaterinburg, Kazan, Krasnodar, Magnitogorsk, Makhachkala, Moscow, the Moscow region, Murmansk, Murom, Obninsk, Omsk, Ryazan, Samara, St. Petersburg, Stavropol, Tatarstan, Tver, Tolyatti, Cheboksary, Yakutsk, Yaroslavl).

In total 125 persons participated in the Conference.

During the Conference 16 reports were heard and a Round table on the subject matter of the Conference was held. 13 reports were made by employees of Rospatent and FIPS, 1 report by an employee of WIPO.

On April 22, 2014 the Youth Science and Practice Conference «Regional programs and projects in the field of intellectual property through the eyes of young people» was held in the Federation Council. The Conference was organized by RGAIS. The event was conducted by V. S. Kosourov, the first deputy chairman of the Federation Council Committee on Science, Education and Culture, and by I. A. Bliznets, the rector of RGAIS.

On April 22–23, 2014 Rospatent and FIPS supported by WIPO held the II Forum «Innovation potential of Russia» dedicated to the World Intellectual Property Day.

In work of the Forum took part representatives of:

  • two foreign countries: legal company Patentbar International (USA), the Mission of CRDF Global in the Republic of Kazakhstan;
  • administrative and management structures, public organizations and associations (Central Council of All-Union Society of Inventors and Rationalizers, Moscow city organization of All-Union Society of Inventors and Rationalizers), industrial enterprises and organizations, including those of defense industry, OOO, OAO, universities, research and development institutes, Foundation for development of the New Technologies Development and Commercialization Centre «Skolkovo», Technology and Innovation Support Centers (TISC), technoparks, information centers and other organizations from various regions of Russia.

The number of represented regions of Russia in Forum was 36 (Moscow, St. Petersburg, the Irkutsk region, the Khabarovsk region, the Tver region, the Kirov region, the Republic of Sakha (Yakutia), the Tomsk region, the Tyumen region, the Belgorod region, the Volgograd region, the Orel region, the Saratov region, the Khanty-Mansiysk Autonomous District, the Ryazan region, the Primorye Territory, the Sverdlovsk region, the Voronezh region, the Chelyabinsk region, the Perm Territory, the Krasnodar region, the Kabardino-Balkar Republic, the Chuvash Republic, the Kaluga region, the Nizhny Novgorod region, the Rostov region, the Vologda region, the Kostroma region, the Novgorod region, the Tula region, the Kursk region, the Komi Republic, the Novosibirsk region, the Tatarstan Republic, the Mordovia Republic, the Stavropol Territory).

113 chief executives and specialists of Rospatent, FIPS, RGAIS, FGBU «FAPRID» took part in the work of the Forum. Totally, 320 persons participated in the Forum.

During two days of work of the Forum a plenary meeting and 4 sections were held:

  • Section «Administrative and court practice of dispute resolution relating to exclusive rights to results of intellectual activity and means of individualization»;
  • Section «Issues of management of rights owned by the state to the results of intellectual activity»;
  • Section «New legislation in the field of intellectual property»;
  • Section «Electronic services of Rospatent».

For TISC employees – participants of the Forum workshop «Tools and methods of decision-making in the field of legal protection and use of results of intellectual activity» was held, in work which 60 persons took part.

During the Forum 20 reports were heard, including 13 reports made by employees of the system of Rospatent (there were presentations of reports of the speakers as well as videos were shown) and a videoconference with St. Petersburg, Irkutsk, Ufa, Astrakhan was organized.

The detailed information on the II Forum «Innovation potential of Russia», including presentations of its participants, published on the web-site of FIPS in section «Conferences, seminars» in subsection «Forum «Innovation potential of Russia».

On April 24, 2014 International conference «Industrial Designs: Past, Present and Future», dedicated to the 150th anniversary of the first Russian law on industrial designs was held in Rospatent as part of the events dedicated to the celebration of the World Intellectual Property Day.

Organizers of the event were Rospatent, WIPO and the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM).

179 representatives working in the field of intellectual property took part in the work of the Conference. Among them – representatives of international organizations (WIPO, OHIM, the Eurasian Economic Commission); of foreign patent offices (Armenia, Azerbaijan, Belarus, Georgia, Morocco, Kazakhstan, Kyrgyzstan, China, Moldova, the Republic of Korea, Romania, Montenegro, the Republic of South Africa, Japan); foreign diplomatic and trade missions in Russia (Algeria, Germany, Egypt, Italy, Spain, Switzerland); representatives of business and academic circles. During the work of the Conference videoconference with St. Petersburg was carried out.

The first thematic section of the Conference was dedicated to work within WIPO on the draft of new international Design Law Treaty that serves to harmonize procedural formalities of registration of this object of intellectual property in different countries. Special attention within the second thematic section was given to economic significance of industrial designs and their use for commercial purposes as well as their legislative regulation at national level. Speakers from OHIM, Russia, the Republic of South Africa and Morocco shared the experience and information in this field. The third section was devoted to peculiarities of international and regional registration – the Hague System of International Registration of Industrial Designs and Community registered design system within the EU.

The information on the Conference including presentations of its participants was published on the web-site of Rospatent in section «Press center» in in subsection «News».

On September 17, 2014 the Second All-Russian Science and Practice Conference «Intellectual Students Autumn» was held.

On October 8–9, 2014 Rospatent and FIPS organized and held the XVIII Science and Practice Conference on «Part IV of the Civil Code of the Russian Federation: innovations in the field of intellectual property». In the work of the Conference took part representatives of:

  • international organizations (WIPO, EPO);
  • patent offices of foreign countries and the CIS countries (China, Japan, Kazakstan, the Kyrgyz Republic);
  • Embassy of France, representative office of the Japanese Organization on development of foreign commerce in Dusseldorf and Moscow;
  • Federal state government authorities, state government authorities of constituent entities of the Russian Federation, state corporation «Rosatom», public organizations and associations (Moscow city organization of All-Union Society of Inventors and Rationalizers; Moscow regional organization of All-Union Society of Inventors and Rationalizers);
  • the Russian Academy of Science, Russian Academy of Sciences of the Republic of Sakha, universities and research institutes;
  • production companies as well as design and engineering organizations, information centers;
  • patent law, legal and consulting companies.

During the Conference there was videoconferencing with 8 regions of Russia (Irkutsk, Novosibirsk, Barnaul, Volgograd, Saransk, Saratov, Belgorod, Astrakhan) was held.

In total, 402 persons took part in work of the Conference. Number of represented regions of Russia was 31.

In the course of the Conference two plenary sessions and five sections were held:

  • Section «Issues of legal protection of patent rights objects»;
  • Section «Legal protection of means of individualization»;
  • Section «Enforcement of intellectual rights in administrative and judicial procedure»;
  • Section «Information support of innovation activity»;
  • Section «Issues of management of rights owned by the State to the results of intellectual activity».

In the framework of five sections of the Conference a meeting of five round tables were held.

In total, 39 reports were presented at the Conference. Detailed information on the Conference including the final document of the Conference as well as speaking notes and presentations are available on the web-site of FIPS in section «Conferences, seminars» in subsection «Science and Practice Conference of Rospatent».



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