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Annual report of Rospatent 2015 (Section 2)

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

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

2.1.1.1. General information on the results of audits

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

In 2015, Rospatent carried out 60 audits in the area of legal protection and utilization of the results of intellectual activity of civil, military, special and dual use received at the expense of the federal budget. Among them 6 audits were in respect to the state customers and 51 audits in respect to the organizations under the state contracts that provide for carrying out R&D, where:

  • 42 scheduled on-site audits were carried out according to the Plan for Scheduled Audits of Legal Entities in 2015;
  • 7 unscheduled on-site audits were carried out in compliance with the requests from the Prosecutor General’s Office of the Russian Federation (2 state customers — the Ministry of Defense of the Russian Federation and the Ministry of Industry and Trade of the Russian Federation, 5 organizations that carried out R&D — JSC «the Federal Scientific and Production Center «Nizhny Novgorod Scientific Research Institute of Radio Engineering», JSC «Scientific Production Association «Lianozovo Electromechanical Plant», JSC «Concern «Radio-technical and informational systems», JSC Katod, the Federal State Unitary Enterprise «Operation Center of Ground-based Space Infrastructure Facilities»);
  • 1 unscheduled on-site audit was carried out with regard to the expiry of compliance time limit for fulfilling previously issued Rospatent instructions on elimination of violations discovered (the state customer — the Ministry of Industry and Trade of the Russian Federation);
  • 10 unscheduled desk reviews were carried out with regard to the expiry of time limit for fulfilling previously issued Rospatent instructions on elimination of violations discovered (JSC «Electric Appliances», PJSC «the Institute of Electronic Controlling Machines n.a. I. S. Bruk», JSC «Corporation «Moscow Institute of Terminal Technology», the Ministry of Education and Science of the Russian Federation, the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, the Federal State Unitary Enterprise «the State Science and Research Institute of Organic Chemistry and Technology», PJSC «Interstate Stock Corporation «Vympel», JSC «Concern «Radio-technical and informational systems»).

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

Table 2.1.1.1.1

Federal District

City

Groups of Audited Organizations

Number of Audited Organizations

Share of the Total Number of Audited Organizations, %

Central District

Moscow, Belgorod, Zhukovski, Zelenograd, Krasnogorsk, Obninsk, Rybinsk, Tula

SC — 18, FGUP — 5, FGBUN RAN — 6, Ministries — 5, Institutions of VPO — 3, FKU — 1, FGBU — 1

39

68,4

North-West District

Veliky Novgorod, Saint-Petersburg, Severodvinsk

SC — 5, Institutions of VPO — 1, FGUP — 1

7

12,3

Volga District

Kazan, Nizhny Novgorod, Samara, Saratov

JSC — 4, Institutions of VPO — 1, FGBUN RAN — 1

6

10,5

Siberian District

Krasnoyarsk, Novosibirsk

JSC — 1, Institutions of VPO — 1, FGBUN RAN — 1

3

5,3

South District

Rostov-on-Don

JSC — 2

2

3,5


The audited legal entities included (see Table 2.1.1.1.2): joint-stock companies (JSC) — 30, the Federal State Budgetary Science Institutions of the Russian Academy of Science (FGBUN RAN) — 8, Institutions of Higher Professional Training (Institutions of VPO) — 6, the Federal State Unitary Enterprises (FGUP) — 6, Ministries — 5, the Federal State Budget Institutions (FGBU) — 1, the Federal Government Institutions (FKU) — 1.

Table 2.1.1.1.2

Organizations

Number of Audits
(number of organizations)

Share of the Total Number of Audits, %

JSC

31 (30)

51,7

FGBUN RAN

8 (8)

13,3

Institutions of VPO

6 (6)

10

FGUP

6 (6)

10

Ministries

7 (5)

11,6

FGBU

1 (1)

1,7

FKU

1 (1)

1,7

Total:

60 (57)

100


The audit was carried out in respect of activities of:

6 state customers, including:

  • Federal Government Institution «Science and Production Association «Special machinery and communications» of the Ministry of Internal Affairs of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the Ministry of Defense of the Russian Federation (in the area of military, special and dual use);
  • the Ministry of Education and Science of the Russian Federation (in the area of civil use);
  • the Ministry of Industry and Trade of the Russian Federation, the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters (in the area of civil, military, special and dual use);

22 organizations carried out R&D of military, special and dual use;

17 organizations carried out R&D of civil use;

12 organizations carried out R&D of civil as well as military, special and dual use.

Moreover, Rospatent took part in 7 comprehensive inspections carried out by the Prosecutor General’s Office of the Russian Federation in respect of JSC «TVEL», JSC «Russian Aircraft Corporation «MiG», JSC «Ruselectronics», JSC «Corporation «Kometa», JSC «Stankoprom», JSC «Concern «Morinformsystem-Agat», FGUP «Operation Center of Ground-based Space Infrastructure Facilities».

2.1.1.2. The results of audits of the state customers

In 2015, the activities of the Ministry of Industry and Trade of the Russian Federation, the Ministry of Defense of the Russian Federation, Federal Government Institution «Science and Production Association «Special machinery and communications» of the Ministry of Internal Affairs of the Russian Federation, the General Command of Internal Troops of the Ministry of Internal Affairs of the Russian Federation were analyzed in the course of on-site audits of state customers.

134 state contracts for carrying out R&D of civil, military, special and dual use were audited (the Federal Government Institution «Science and Production Association «Special machinery and communications» of the Ministry of Internal Affairs of the Russian Federation (76), the Ministry of Defense of the Russian Federation (21), the Ministry of Industry and Trade of the Russian Federation (21), the General Command of Internal Troops of the Ministry of Internal Affairs of the Russian Federation (16). The amount of funding of the state contracts at the expense of the federal budget is 53,636,680 thousand rubles (non-budget funding was not employed)).

As the result of 32 state contracts for carrying out R&D of civil, military, special and dual use, 91 protectable results of intellectual activity were created, in respect of which the measures to ensure their legal protection were taken (see Table 2.1.1.2).

Table 2.1.1.2

State Customer

Number of State Contracts on which the Measures to Ensure the Legal Protection of the Created Results were Taken

the Ministry of Industry and Trade
of the Russian Federation

Under 19 state contracts:

  • 4 certificates of state registration of computer program;
  • 73 know-how

the Ministry of Defense
of the Russian Federation

Under 4 state contracts:

  • 2 patents of the Russian Federation for invention;
  • 2 patents of the Russian Federation for utility model;
  • 1 application for granting a patent of the Russian Federation for invention

the Federal Government Institution «Science and Production Association «Special machinery and communications» of the Ministry of Internal Affairs of the Russian Federation

Under 6 state contracts:

  • 1 patent of the Russian Federation for utility model;
  • 1 patent of the Russian Federation for industrial design;
  • 3 certificates of state registration of computer program;
  • 1 application for state registration of computer program

the General Command of Internal Troops of the Ministry of Internal Affairs
of the Russian Federation

Under 3 state contracts:

  • 1 patent of the Russian Federation for utility model;
  • 1 certificate of state registration of computer program;
  • 1 application for granting a patent of the Russian Federation for invention

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

  • The activities on managing the rights of the Russian Federation to the results of intellectual activity of military, special and dual use received at the expense of the federal budget are regulated only in a part of state accounting of the results of intellectual activity and their use.

The regulatory legal acts of government authorities do not establish the procedure for organization of work on managing the rights of the Russian Federation in a part of taking actions on registration of the rights of the State to the results of intellectual activity that are used and / or were received when performing the state contract as well as disposition of such rights. The aforementioned actions are provided for in the Rules on managing the rights of the Russian Federation to the results of intellectual activity of civil, military, special and dual use by the state customers that were adopted by the Decree of the Government of the Russian Federation of March 22, 2012 No. 233 (hereinafter referred as the Rules on managing the rights).

  • Standard forms of state contracts do not contain the terms of expenditures to ensure the legal protection of the results of intellectual activity that are provided for in the Decree of the Government of the Russian Federation of April 22, 2009 No. 342 «On certain issues regarding the regulation of establishment of rights to the results of intellectual activity».
  • The target indicators for creating new technologies and technical decisions that can obtain the legal protection and for ensuring of their legal protection are not provided for by the standard bidding documentation presented by the state customers.

Such target indicators as well as requirements for the creation of the results of intellectual activity that can obtain legal protection are absent in the majority of the audited state contracts.

  • The draft license agreements on granting the right to use the results of intellectual activity that are provided for by the Rules on managing the rights were not included in the bidding documentation when placing the orders for carrying out of works (supplies) under the state defense order for 2013–2015.

As a result of the audits, the violations of the requirements established by the legislation of the Russian Federation in the area of legal protection and utilization of the results of intellectual activity were revealed. The violations relate to:

a) absence in the state contracts of provisions defining procedure for covering expenses on ensuring legal protection of the received results of intellectual activity;

b) illegal imposition on the contractor of the obligation to pay the fees for granting and maintaining titles of protection when establishing the rights to the received results of intellectual activity for the Russian Federation;

c) absence in the state contracts of terms related to the rights to the results of intellectual activity as well as of obligation of the principle contractor to include in the contracts with the co-contractor the provisions that are in compliance with the terms of the state contract;

d) non-compliance of the terms of the state contracts with the requirements provided for in the Decree of the Government of the Russian Federation of April 22, 2009 No. 342 «On certain issues regarding the regulation of establishing the rights to the results of scientific and technical activity»;

e) non-performance of activities on registration of rights of the Russian Federation to the results of intellectual activity that are used and / or were received in the course of carrying out works under the state contracts;

f) non-inclusion in the bidding documentation of the draft of the license agreement on granting the right of use to the earlier received result of intellectual activity when placing the orders for carrying out of works for state needs;

g) non-performance of functions on conclusion of license agreements granting the right to use the results of intellectual activity owned by the Russian Federation to development organizations and producers of goods of military, special and dual use when performing of contract obligations within the military and technical cooperation and external economic activity in respect of controlled products;

h) non-observance of norms on performance of the state accounting of the results of intellectual activity in a part of:

  • - violation of order and timelines for the state accounting of the results of intellectual activity received under the state contracts as well as revealed during the inventory check of the rights to the results of scientific and technological activity;
  • - non-observance of the set timelines for entering the data about the accounted object in the Unified Register of the R&D results of military, special and dual use, the rights to which are owned by the Russian Federation (hereinafter referred as the Unified Register);
  • - absence of the unified order of accounting that is obligatory for all state customers as well as of comparability of the data contained the Unified Register and the data contained in the section of the Unified Register of the state customer;
  • - incomplete maintenance of the section of the Unified Register on paper;

i) absence of decisions on pre-term termination of validity of patents that are owned by the Russian Federation and performing the respective activities;

j) non-performance of measures to establish a trade secret regime in respect of the results received under the state contracts, the rights to which are transferred under the license agreements as trade secrets to the development organizations and the producers of products of military, special and dual use;

k) non-observance of order and timelines provided for by the contract in respect of acceptance of the performed work (its result) as well as the failure to inform the subcontractor if deviations from the contract that deteriorate the result of the work or other defects in the work were detected.

As a result of the audits, violations of the provisions of concluded state contracts were revealed, that relate to non-performance of activities on:

a) carrying out patent researches in accordance with the GOST R 15.011–96 on completed state contracts;

b) performing the state accounting of the results of intellectual activity;

c) making decisions on utilization and the form of legal protection of the results of intellectual activity;

d) ensuring legal protection of the results of intellectual activity revealed in the result of patent researches.

Violations revealed in the course of auditions were, in particular, made by the following reasons:

  • the state customers do not have qualified specialists (or have insufficient number thereof) in the area of intellectual property;
  • lack of knowledge of the legislation of the Russian Federation in the area of legal protection and utilization of the results of intellectual activity;
  • the officials perform insufficient control of quality in respect of the state customers in the course of delivery and acceptance of the completed R&Ds in the part of fulfilling the terms of the state contracts on the creating and ensuring legal protection of the results of intellectual activity.

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

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

In 2015, in the course of audits of the contractors under the state contracts Rospatent checked:

  • 484 state contracts for carrying out R&D of civil, military, special and dual use (state customers: the Ministry of Industry and Trade of the Russian Federation (53), the Ministry of Education and Science of the Russian Federation (139), the Ministry of Defense of the Russian Federation (39), the Federal Space Agency (19), the Federal Medical Biological Agency (12), the Federal Agency on Technical Regulation and Metrology (8), the State Atomic Energy Corporation «Rosatom» (5), the Ministry of Internal Affairs of the Russian Federation (3), the Ministry for Sport, Tourism and Youth Policy of the Russian Federation (2), the Federal Service for Alcohol Market Regulation (2), the Federal Security Service (2).

The amount of funding of the audited state contracts is 164,681,580 thousand rubles, including: at the expense of the federal budget — 130,628,170 thousand rubles, at the expense of non-budget funding — 34,053,410 thousand rubles.

  • 44 contracts for granting subsidies under the order of the Ministry of Education and Science of the Russian Federation for carrying our R&D of civil use (hereinafter referred as subsidy contract).

The amount of funding is 3,401,980 thousand rubles, including: за at the expense of the federal budget — 2,168,130 thousand rubles, at the expense of non-budget funding — 1,233,850 thousand rubles.

  • 16 terms of reference as part of implementation of state tasks under the orders of the Ministry of Education and Science of the Russian Federation (11) and the Federal Medical Biological Agency (5) for carrying our R&D of civil use (hereinafter referred as TORs).

The amount of funding at the expense of the federal budget is 102,940 thousand rubles, non-budget funding was not employed.

Rospatent audited 99 license agreements on granting to development organization and producers of products of military, special and dual use of the right to utilize the results of intellectual activity, the rights to which are owned by the Russian Federation, when performing the obligations under the contract in the course of military and technical cooperation and external economic activity in respect of controlled products.

Under 386 of 484 audited state contracts for carrying out R&D of civil, military, special and dual use the protectable results of intellectual activity (1475) were received, in respect of which measures on ensuring legal protection were taken (see Table 2.1.1.3.1).

Table 2.1.1.3.1

State Customer

Number of state contracts under which the measures to ensure legal protection of the received results were taken

the Ministry of Education and Science
of the Russian Federation

Under 131 state contracts:

  • 131 patents of the Russian Federation for invention;
  • 29 patents of the Russian Federation for utility model;
  • 16 certificates of state registration of computer program;
  • 2 certificates of state registration of data base;
  • 4 certificates of state registration of topographies of integrated circuits;
  • 22 applications for granting a patent of the Russian Federation for invention;
  • 19 know-how

the Ministry of Industry and Trade
of the Russian Federation

Under 213 state contracts:

  • 137 patents of the Russian Federation for invention;
  • 100 patents of the Russian Federation for utility model;
  • 28 certificates of state registration of computer program;
  • 2 certificates of state registration of data base;
  • 45 applications for granting a patent of the Russian Federation for invention;
  • 16 applications for granting a patent of the Russian Federation for utility model;
  • 3 applications for state registration of computer program;
  • 798 know-how

The Federal Space Agency

Under 15 state contracts:

  • 24 patents of the Russian Federation for invention;
  • 3 patents of the Russian Federation for utility model;
  • 47 certificates of state registration of computer program;
  • 2 certificates of state registration of data base;
  • 4 applications for granting a patent of the Russian Federation for invention

the Ministry of Defense
of the Russian Federation

Under 13 state contracts:

  • 18 patents of the Russian Federation for invention;
  • 3 patents of the Russian Federation for utility model;
  • 3 applications for granting a patent of the Russian Federation for invention;
  • 1 application for granting a patent of the Russian Federation for industrial design

the Federal Medical Biological Agency

Under 5 state contracts:

  • 3 patents of the Russian Federation for invention;
  • 3 know-how

the Federal Agency on Technical Regulation and Metrology

Under 4 state contracts:

  • 4 patents of the Russian Federation for invention;
  • 1 patent of the Russian Federation for utility model;
  • 1 application for granting a patent of the Russian Federation for invention

the State Atomic Energy Corporation «Rosatom»

Under 3 state contracts:

  • 1 patent of the Russian Federation for invention;
  • 1 patent of the Russian Federation for utility model;
  • 1 application for granting a patent of the Russian Federation for invention;
  • 1 know-how

the Ministry for Sport, Tourism and Youth Policy of the Russian Federation

Under 2 state contracts:

  • 2 patents of the Russian Federation for utility model

the Ministry of Internal Affairs of the Russian Federation, the Federal Service for Alcohol Market Regulation, the Federal Security Service

  • n/a

Under 28 of 44 audited subsidy contracts the protectable results of intellectual activity (87) were received, in respect of which measures on ensuring legal protection were taken (see Table 2.1.1.3.2).

Table 2.1.1.3.2

State Customer

Number of subsidy contracts, under which the measures to ensure legal protection of the received results were taken

the Ministry of Education and Science
of the Russian Federation

Under 28 subsidy contracts:

  • 18 patents of the Russian Federation for invention;
  • 11 patents of the Russian Federation for utility model;
  • 22 certificates of state registration of computer program;
  • 30 applications for granting a patent of the Russian Federation for invention;
  • 2 applications for granting a patent of the Russian Federation for utility model;
  • 3 applications for state registration of computer program;
  • 1 know-how

Under 14 TORs 39 protectable results of intellectual activity were received, in respect of which measures on ensuring legal protection were taken (see Table 2.1.1.3.3).

Table 2.1.1.3.3

State Customer

Number of TORs, under which the measures to ensure the legal protection of the received results were taken

the Ministry of Education and Science
of the Russian Federation

Under 10 TORs:

  • 1 patent of the Russian Federation for utility model;
  • 17 certificates of state registration of computer program;
  • 3 certificates of state registration of data base;
  • 11 applications for granting a patent of the Russian Federation for invention;
  • 1 application for granting a patent of the Russian Federation for utility model;
  • 1 know-how

the Federal Medical Biological Agency

Under 4 TORs:

  • 5 applications for granting a patent of the Russian Federation for invention

In 2015, the audits of contractors under the state contracts, subsidy contracts and TORs for carrying out R&D of civil, military, special and dual use, resulted in revealing the violations of the legislation in the area of legal protection and utilization of the results of intellectual activity and the provisions of concluded state contracts, subsidy contracts and TORs. The violations relate to:

a) failure to provide to the state customer of information for the carrying out (updating) of state accounting of the received results of intellectual activity — under 111 state contracts, 10 subsidy contracts and 3 TORs;

b) failure to take measures to establish the rights to the results of intellectual activity — under 20 state contracts;

c) absence of legal protection of the results of intellectual activity — under 7 state contracts, 3 subsidy contracts and 2 TORs;

d) absence of patent researches — under 25 state contracts and 6 subsidy contracts;

e) failure to inform the state customer about the creation of the protectable results of intellectual activity — under 24 state contracts and 1 subsidy contract;

f) absence of provisions on allocation of rights to the results of intellectual activity in the contracts with co-contractors — under 56 state contracts and 1 subsidy contract;

g) absence of agreement with the state customer on the necessity and terms for utilization of the protected results of intellectual activity, the exclusive rights to which are owned by third person — under 2 state contracts;

h) failure to inform the state customer about pre-term termination of validity of patents of the Russian Federation — under 9 state contracts;

i) failure to take measures on ensuring the confidentiality of information related to the received results of intellectual activity — under 13 state contracts;

j) failure to take measures on establishing the trade secret regime in respect of the received results of intellectual activity — under 26 state contracts;

k) infringement of authors’ right to remuneration for the creation of employee’s result of intellectual activity — in 6 organizations;

l) infringement of authors’ right to remuneration for using the results of intellectual activity — in 3 organizations.

As a result of the audits, violations of terms of 3 license agreements on granting the rights to use the results of intellectual activity owned by the Russian Federation (under commission agreements) in part of sending to licensor of reporting documentation were revealed in 6 organizations.

The information on the results of audits of contractors under the state contracts on carrying out R&D was forwarded to the state customers.

The information on the results of audits of a number of contractors was forwarded to the Prosecutor General’s Office of the Russian Federation following its requests.

In 2015, 1 contractor (PJSC «Interstate Stock Corporation «Vympel») and 3 state customers (the Ministry of Education and Science of the Russian Federation, the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters and the Ministry of Defense of the Russian Federation) failed to fulfill the Rospatent’s instructions on elimination of violations revealed during the audits regarding the violations of obligatory requirements. Also, the violation was revealed on failure of the contractor (PJSC «the Institute of Electronic Controlling Machines n.a. I. S. Bruk») to submit documents on fulfilling the Rospatent’s instructions in due time.

With regard to the aforementioned violations the protocols on administrative offences were issued in accordance with part 1 of Article 19.5 and Article 19.7 of the Code of Administrative Offences of the Russian Federation.

Audits carried out in 2015 showed that the level of practical utilization of the results of intellectual activity remains to be low.

The audits revealed that only 17 results of intellectual activity were commercialized by granting non-exclusive license for the right of use. These results were received under 3 state contracts of civil use and 1 state contract of military, special and dual use.

Moreover, the exclusive right to 2 results of intellectual activity (know-how) received under 2 state contracts of civil use was granted under the respective agreements.

There were no concluded license agreements on granting the right to use the results of intellectual activity, the rights to which are owned by the Russian Federation.

Thus, as a result of the audits conducted by Rospatent in 2015 within the framework of performing the state function on control and supervision, 618 state contracts, 44 subsidy contracts and 16 TORs were analyzed.

The audits of state customers and contractors resulted in issuing 57 instructions on elimination of violations.

The performance of the controlling and supervising activities by Rospatent had the positive consequence that resided in 2015 in the increase of the amount of results of intellectual activity received under the audited state contracts and provided with legal protection (1692 in 2015 against 1200 in 2014 and 958 in 2013).

2.1.2. Enhancing the mechanisms for implementing state control and supervision in the area of legal protection and utilization of the results of R&D received at the expense of the federal budget

In 2015, Rospatent continued the work on preparation of normative legal acts referred to improving the mechanism of implementing the control and supervision activities.

The Administrative regulation on the performance by the Federal Service for Intellectual Property of the state function for control and supervision in the area of legal protection and utilization of the results of intellectual activity of civil use received at the expense of the federal budget as well as for control and supervision in the determined area in respect to the state customers and contractors under the state contracts that provide for carrying out R&D works was adopted by the Order of the Ministry of Economic Development of the Russian Federation of April 8, 2015 No. 209 (registered in the Ministry of Justice of the Russian Federation of May 15, 2015 No. 37309).

The Order of Rospatent of June 29, 2015 No. 91 «On organization of works on entering by Rospatent the information about the audits in the unified register of audits» was issued in accordance with the Decree of the Government of the Russian Federation of April 28, 2015 No. 415 «On the Rules of establishing and maintaining of the unified register of audits».

The drafts of Guidelines on drafting the concluding documents on the results of audits of the activity of state customers and contractors of the state contracts in the area of legal protection and utilization of the results of intellectual activity and the Guidelines on drafting the protocols on administrative offences were developed and are under consideration.

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

2.2.1. Informational and analytical support for maintenance by the Federal Service for Intellectual Property of the Unified Register of the R&D results of military, special and dual use, the rights to which are owned by the Russian Federation

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

The information on the number of R&D results of military, special and dual use (hereinafter referred as objects of accounting), registered in the Unified Register, is reflected in Table 2.2.1.1. The dynamics of registration thereof is shown in Diagram.

As of December 31, 2015, 26007 objects were accounted in the Unified Register, among them 3158 objects of accounting, for which certificates of registration were granted with the concurrent assignment of the unique registration number to each object) were entered in 2015. That is 15,3 % increase in comparison with 2014.

Table 2.2.1.1

Information of the objects of accounting registered in the Unified Register (by state customers)

Federal Executive Authorities / Year

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Total

Foreign Intelligence Service

0

0

0

28

13

107

113

101

80

93

63

142

740

Federal Service for Drug Control

0

25

16

22

16

21

6

7

9

2

3

7

134

Federal Security Service

0

0

57

22

18

27

25

18

41

55

75

121

459

Federal Customs Service

20

14

17

28

96

40

13

63

32

21

33

23

400

Ministry of Civil Defence, Emergencies and Disaster Relief of the Russian Federation

0

5

68

30

13

9

8

35

20

7

14

9

218

Chief Directorate for Special Programs of the Russian President

0

30

61

18

12

2

6

7

12

6

8

1

163

Federal Guard Service

0

68

45

61

81

55

74

41

30

40

46

80

621

Ministry of Internal Affairs

0

0

0

182

128

130

98

65

83

56

43

33

818

Russian Federal Space Agency

0

0

0

186

419

744

1014

826

764

454

725

455

5587

Federal Service for Technical and Export Control

0

130

201

101

29

43

39

141

113

50

59

50

956

Ministry of Defense of the Russian Federation

10

15

959

1740

1892

2736

1510

425

471

1137

1205

1214

13314

Rosatom

0

0

0

0

0

0

0

8

60

552

294

173

1087

Ministry of Industry and Trade of the Russian Federation

0

0

0

0

168

33

56

214

1

17

170

850

1509

Ministry of Justice of the Russian Federation

0

0

1

0

0

0

0

0

-

-

-

-

1

Total

30

287

1425

2418

2885

3947

2962

1951

1716

2490

2738

3158

26007


Diagram

Overall Dynamics for registration of objects of accounting in the Unified Register

2_1.tif

During the reported period, 23 results of intellectual activity, being transferred to foreign customers and used for other purposes than the state needs, were registered in the Section of Rospatent in the Unified Register. As of December 31, 2015, the Section contained in total 702 objects of accounting registered.

2.2.2. Activities on inventories of rights to the results of scientific and technical activity

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

In 2015, the representatives of Rospatent participated in the work of 62 commissions performing the inventories of the rights to the results of scientific and technical activity, among them 53 inventories were of obligatory character and 9 inventories were performed at the initiative. During the reported period, in total 17 materials on inventory of rights to the results of scientific and technical activity were considered and signed.

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

During 2015, the FGBU «FAPRID» continued exercising the legal support of fulfillment of the obligations under 1216 earlier concluded license agreements on granting the right to use the results of intellectual activity, the rights to which are owned by the Russian Federation.

1,861,892 thousand rubles were transferred to the federal budget in 2015 from the disposition of rights to the results of intellectual activity of military, special and dual use.

In 2015, licensees fulfilled their financial commitments under 322 license agreements.

Thus, as of 31 December 2015, licensees’ obligations under 894 valid license agreements had been still in force.

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

In the reported period, the FGBU «FAPRID» provided support to 35 earlier filed international applications under the PCT. As of December 31, 2015, 34 international applications had been still supported.

As a result of supporting the above-mentioned applications, 12 patents for the inventions were obtained in 2015, of them 1 patent of the Russian Federation and 11 patents of the foreign countries (5 patents of the USA, 3 patents of Japan, 1 patent of Israel, 1 patent of the Republic of Korea, 1 patent of the EPO). Also 8 decisions on granting the patents for inventions were received (2 in Hong Kong, 2 in China, 2 in Japan, 1 in the EPO, 1 in Canada).

In total, as of December 31, 2015, the FGBU «FAPRID» had supported 141 patents (as of December 31, 2014–130 patents), including 33 patents of the Russian Federation and 108 patents of the foreign countries. In 2015, 106 patents were maintained in force.

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

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

In 2015, within the aforementioned area Rospatent carried out the following activities.

21 drafts of intergovernmental agreements in the area of protection of the results of intellectual activity and enforcement of intellectual property in the course of bilateral military and technical cooperation were developed and forwarded to the Ministry of Foreign Affairs of the Russian Federation in order to deliver the drafts to the foreign partners.

3 sets of drafts of executive directives were sent to the federal executive authorities for consideration and approval. The executive directives are necessary for signing the intergovernmental agreements on mutual protection of intellectual property in the course of bilateral military and technical cooperation.

4 sets of drafts of executive directives were brought in due order before the Government of the Russian Federation, which are necessary for signing the intergovernmental agreements on mutual protection of intellectual property in the course of bilateral military and technical cooperation.

The representatives of Rospatent took part in consultations on conclusion of intergovernmental agreements in the area of intellectual property with the representatives of 9 foreign states.

Also, the representatives of Rospatent took part in consultations on signing statutes on the joint working groups for implementation of intergovernmental agreement in the area of intellectual property with the representatives of 3 foreign states.

The intergovernmental agreements on mutual protection of intellectual property in the course of bilateral military and technical cooperation were signed with the following states:

  • the United Arab Emirates (on August 25, 2015);
  • the Republic of Serbia (on October 27, 2015);
  • the Arab Republic of Egypt (on November 24, 2015);
  • the Lao People’s Democratic Republic (on December 16, 2015).

On March 25, 2015 the Statute on the joint Russian-Armenian Working group of the representatives of the authorized bodies of the Parties on implementation of the Agreement between the Government of the Russian Federation and the Government of the Republic of Armenia on mutual protection of the rights to the results of intellectual activity that are used and received in the course of bilateral military and technical cooperation of December 2, 2005 was signed.

On October 14, 2015 the Protocol on introduction of amendments to the Agreement between the Government of the Russian Federation and the Government of the Republic of Azerbaijan on mutual protection of the results of intellectual activity that are used and received in the course of bilateral military and technical cooperation of December 4, 2006 was signed.

On October 14, 2015 the Statute on the joint Working group on implementation of the Agreement between the Government of the Russian Federation and the Government of the Republic of Azerbaijan on mutual protection of the results of intellectual activity that are used and received in the course of bilateral military and technical cooperation of December 4, 2006 was signed.

2 drafts of statutes on joint working group on implementation of intergovernmental agreements in the area of intellectual property were forwarded to the Ministry of Foreign Affairs of the Russian Federation in order to deliver the drafts to the authorized bodies of 2 states.

In 2015, the federal executive authorities developed and Rospatent considered 3 drafts of intergovernmental agreements on military and technical cooperation and drafts of Orders of the President of the Russian Federation and the Government of the Russian Federation that are necessary for conclusion of these agreements.

Rospatent considered counter-draft of the Statute on the joint Working sub-group on implementation of intergovernmental agreement with the Czech Republic on mutual protection of intellectual property in the course of bilateral military and technical cooperation.

2.2.5.2. Performing works on enhancing regulatory framework in the area of intellectual property

7 drafts of intergovernmental agreements (memoranda) in the various areas of activity developed by the federal executive authorities were considered by Rospatent in the part of allocation of rights to the results of intellectual activity, ensuring of legal protection and utilization of such results.

1 draft of intergovernmental agreement on cooperation in the area of peaceful exploration and use of outer space was considered.

Within its competence Rospatent considered 7 drafts of legislative acts in the framework of analyzing the legislation in the area of legal protection and utilization of the results of intellectual activity and preparing proposals on introducing amendments to the legislation of the Russian Federation in this area.

Rospatent developed the draft of the Decree of the Government of the Russian Federation «On amendments to the Decree of the Government of the Russian Federation of March 22, 2012 No. 233» and the draft of the Procedure for regulation by the state customers and the Federal Service for Intellectual Property of issues related to legal defense of the state interest while utilizing the results of intellectual activity of military use, the rights to which are owned by the Russian Federation, in the course of military and technical cooperation.

The proposals on enhancement of the legislation of the Russian Federation in the area of intellectual property were developed and forwarded to the Ministry of Economic Development of the Russian Federation.

The materials regarding the implementation of the state policy in the area of intellectual property were prepared for the meeting of the Presidium of the Presidential Council for economic modernization and innovation development of Russia.

Rospatent developed the proposals to the draft of core areas of activity of the Government of the Russian Federation for 2015–2018, including the measures of structural policy.

The proposals and comments on the draft of long-term national strategy of intellectual property were worked out.

The draft of the Decree of the Government of the Russian Federation «On model agreement between the Government of the Russian Federation and governments of foreign states on mutual protection of the results of intellectual activity and enforcement of intellectual property in the course of bilateral military and technical cooperation» was developed, approved by the interested federal executive authorities and brought in due order before the Government of the Russian Federation. The model agreement was approved by the Decree of the Government of the Russian Federation of June 2, 2015 No. 535.

Rospatent worked out the comments on comprehensive plan of activities of the Ministry of Defense of the Russian Federation on revitalization of work aimed at improvement of legal protection abroad of the results of intellectual activity that are contained in military products supplied to the foreign customers.

The analysis of the legislation of the Russian Federation in the area of intellectual property was carried out and the proposals to the scheduled plan of enhancing the legal framework in the area of managing the rights to the results of intellectual activity received in the course of R&D works of military, special and dual use were developed.

2.3. The results of intellectual activity, the rights to which are owned by the Russian Federation

The total number of the received applications, as well as granted patents and certificates in the name of the Russian Federation in 2015 are presented in Table 2.3.

Table 2.3

Indicators

Inventions

Utility Models

Computer Programs, Data Bases, Topographies of Integrated Circuits

Industrial Designs

Total:

Applications filed in 2015

443

166

589

15

1213

Number of valid patents for inventions, utility models, industrial designs and certificates to computer programs, data bases and topographies of integrated circuits in the name of the Russian Federation as of December 31, 2015, in total

2762

1037

2518

61

6378

of them granted in 2015

559

170

554

7

1290




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