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Annual report of Rospatent 2015 (Section 3)

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

Cooperation with the World Intellectual Property Organization (WIPO) is a priority of Rospatent’s international activity. The key objective of the Rospatent’s international cooperation activity is to make sure that the interests of the Russian Federation are honoured, and obligations thereof are duly fulfilled as set forth in relevant international treaties administered by WIPO. Rospatent focuses also on the collaboration with the International Bureau of WIPO to implement joint agreements and projects aimed at promoting and improving the intellectual property system.

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

Table 3.1.1

Document Title

In force in respect of the Russian Federation

Industrial property

Paris Convention for the Protection of Industrial Property

Since July 1, 1965

Convention Establishing the World Intellectual Property Organization

Since April 26, 1970

Madrid Agreement Concerning the International Registration of Marks

Since July 1, 1976

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

Since June 10, 1997

Patent Cooperation Treaty (PCT)

Since March 29, 1978

Trademark Law Treaty (TLT)

Since May 11, 1998

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

Since April 22, 1981

Strasbourg Agreement Concerning the International Patent Classification

Since October 3, 1976

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

Since July 26, 1971

Locarno Agreement Establishing an International Classification for Industrial Designs

Since December 15, 1972

Nairobi Treaty on the Protection of the Olympic Symbol

Since April 17, 1986

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

Since April 24, 1998

Patent Law Treaty (PLT)

Since August 12, 2009

Singapore Treaty on the Law of Trademarks

Since December 18, 2009

Copyright and Related Rights

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

Since January 20, 1989

Berne Convention for the Protection of Literary and Artistic Works

Since March 13, 1995

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

Since March 13, 1995

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

Since May 26, 2003

WIPO Copyright Treaty (WCT)

Since February 5, 2009

WIPO Performances and Phonograms Treaty (WPPT)

Since February 5, 2009


In 2015, the Russian Federation filed the documents for accession to the Beijing Treaty on Audiovisual Performances adopted on the Diplomatic Conference of June 26, 2012. It is a pioneering treaty to provide comprehensive protection for audiovisual performers’ rights as part of the international copyright system, to uphold the property rights of film actors and other performers and allows them to generate additional income from their work, as well as to grant the performers personal non-property rights to be credited for their authorship and to protest against the distortion of their performance.

Table 3.1.2

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

Document title

Date introduced

Date ratified

Framework

Geneva Act of Hague Agreement Concerning the International Registration of Industrial Designs

July 2, 1999

-

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

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

June 27, 2013

The treaty creates a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired, and otherwise print disabled, including with regard of reproduction, distribution and making available to the public of published works in accessible formats, as well as permits an exchange of these works across borders by designated organizations.

International treaties at drafting stage

Document title

Date introduced

Date ratified

Framework

Draft Treaty on the Protection of Broadcasting Organisations

The treaty provides for new legal faculties for broadcasting organizations which take account of modern information and communication systems, including the right for making available to the public, for retransmission of programmes by all manner of means, including over-the-air retransmission, retransmission by wire and retransmission via computer networks, the possibility of protection of pre-broadcast signal, as well as obligation with regard to technical means and information on the management of rights.

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

The work is ongoing that is aimed at the search of possibilities to protect traditional knowledge and traditional cultural expressions / folklore related to genetic resources within the framework of the existing IP system.

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

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


In 2015, Rospatent exercised its activities in the field of cooperation with WIPO within the following directions outlined below.

3.1.1. Diplomatic Conference

The Diplomatic Conference for the Adoption of a new Act of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (May 11–21, 2015, Geneva), in which representatives of Rospatent took part, may be attributed to the important events in the field of international normative process. Following this event the Geneva Act of the Lisbon Agreement and Regulations under this Act were adopted. The aim of adoption of a new international act is to increase attractiveness of the system of international registration of appellations of origin and to extend it as to include geographical indications. This treaty provides for measures to ensure compatibility of procedures of international registration with the national procedures of protection of appellations of origin of goods in the countries that require examination of signs applied for registration as appellations of origin of goods and geographical indications. Geneva Act will undoubtedly permit to render the Lisbon system attractive to the countries that have not yet joined it.

3.1.2. Involvement in the activities of WIPO’s main bodies, committees and working groups

Throughout 2015, Rospatent was closely involved in the activities of WIPO main committees and working groups. With a view to promoting the interests of the Russian Federation, Rospatent developed and communicated to WIPO its viewpoints and suggestions regarding the main agreements and international documents being currently under WIPO review.

3.1.2.1. Assemblies of Member States of WIPO

The Russian delegation participated actively in the 55-th series of sessions of the Assemblies of Member States of WIPO held in Geneva on October 5–14, 2015.

Following the agenda, the Assemblies addressed issues of consequence, i.e. the composition of the WIPO’s Coordination Committee, as well as of executive committees of Paris Union and Berne Union, convening of the Diplomatic Conference for the Adoption of the Design Law Treaty, report of the External Auditor, report by the Committee on Development and Intellectual Property (CDIP) and overview of the agenda recommendations for development, report on the activities of the Committee on Copyright and Related Rights (SCCR) etc.

In the course of the visit to Geneva Director General of Rospatent Mr. Grigory Ivliev engaged in discussions with Director General of WIPO Dr. F. Gurry, Deputy Director General of WIPO Mrs. Binying W., Executive Director of WIPO Academy Mr. S. Saadallah, as well as with delegations from BRICS countries, executive officers of the European Patent Office (EPO) and the Office for Harmonization in the Internal Market (Trademarks and Industrial Designs) (OHIM). The Russian delegation conducted a series of bilateral meetings with the representatives of IP Offices of China, Switzerland, Vietnam and other countries, which was an important step to enhance international cooperation and strengthen the positions of our country on a number of outstanding issues related to IP protection and regulation.

3.1.2.2. Committee on Development and Intellectual Property (CDIP)

The WIPO Committee on Development and Intellectual Property held its 15th and 16th Sessions in 2015 to keep up development, monitoring and discussion of programmes related to further mainstreaming of WIPO Development Agenda recommendations into all WIPO activities.

In the course of discussion of progress reports the Rospatent delegation attached high value to the efforts of the WIPO Secretariat, in particular, in relation with the proposed recommendations on the implementation of global projects, as well as in relation with the practical implementation of projects on straightening and development of audiovisual sector in Burkina Faso and certain African countries, on industrial design management for business development, on enhancing South-South cooperation on IP issues. It was with the support of the Russian delegation that the decision was taken to extend for six more months the period for implementation of the pilot project on industrial design management for business development in developing and least developed countries.

In the process of reviewing the patent-related flexibilities in the multilateral legal framework and their legislative implementation at the national and regional levels the delegation of Rospatent expressed a high appreciation of creation and update of a database on flexibilities, however, at the same time pointing out somewhat inaccurate reflection in the said database of the stipulations of the Russian legislation related to the responsibility for patent rights infringements.

3.1.2.3. Program and Budget Committee

Within the period of July 13–17 and September 14–18, 2015 the WIPO Program and Budget Committee conducted its 23rd and 24th Sessions. The said Sessions focused mainly on the consideration of the draft «Program and Budget for 2016 / 17 Biennium» of this international organization.

For the Russian Federation, as well as for other Eastern European, Caucasian and Central Asian countries the contents of programs 10 «Transition and Developed Countries», 11 «The WIPO Academy» and 30 «Small and Medium-Sized Enterprises (SMEs) and Entrepreneurship Support» hold priority. The contents of these programs are elaborated with the account of the needs of respective countries with the aim of development in the IP field.

The Sessions also treated the issues related to the policy on investments, rendering of accounts and management in WIPO, development expenditure, etc.

The Committee approved the revised definition of development expenditure to include the expenditures used to finance development-oriented activities provided by WIPO to developing countries and least developed countries. Expenditures in the interests of the countries with economies in transition will be also included in the development expenditures. The WIPO activities will contribute to enhancement of protection of inventions and creations around the world and will be aimed at supporting the engagement in innovating, producing, using and absorbing technologies, new forms of expressions and creativity.

The discussions related to amelioration of WIPO management on order to increase its effectiveness and productivity of WIPO bodies’ meetings will be continued during its further Sessions.

3.1.2.4. Standing Committee on the Law of Patents (SCP)

The 22nd and 23rd Sessions of the Standing Committee on the Law of Patents (SCP) were held in Geneva on July 27–31 and December 4–6, 2015. The research findings on the following topics were discussed during the work of the Committee: exceptions and limitations to patent rights; quality of patents, including opposition systems; patents and healthcare; confidentiality of communications between clients and their patent attorneys; transfer of technology.

The delegates of SCP focused specifically on how exceptions and limitations affect development and, in particular, on how exceptions / limitations apply to experimental research, to the use of compulsory licensing and government use, as well as on how the workload is allocated at the international level for implementing specific initiatives related to conducting search and patentability examination of inventions.

An experience exchange also took place between the experts from various regions regarding the assessment of inventive step in the course of the process of patent examination, consideration of objections and withdrawal of applications for inventions. An active discussion took place on the topic of patents and healthcare, which raised the issue of ensuring access to pharmaceuticals for the populations of developing and least developed countries.

3.1.2.5. Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT)

In the reporting year, Rospatent representatives attended the 33rd and 34th Sessions of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) to continue drafting articles of the Agreement and Regulations for the industrial design law and practice. The aim of the treaty on industrial designs under construction is to simplify and harmonize the applied formalities and processes related to the grant of legal protection to industrial designs.

SCT continued discussing plans to convene the WIPO Diplomatic Conference for the Adoption of the Design Law Treaty because there remain outstanding issues on rendering technical aid and on disclosure of information regarding traditional knowledge, cultural expressions and genetic resources in the applications for industrial designs.

Besides, discussions took place regarding the issues of protection of country names as trademarks, as well as the issues of studying national legal regimes for protection of geographical indications. The session resolved that an additional event should be organized as part of a next meeting of the Standing Committee to review the results of the work on different aspects related to issue of the country names protection.

As the result of such discussions the Revised Draft Reference Document on the Protection of Country Names Against Registration and Use as Trademarks was adopted, which was based on the information provided by the members of SCT in their answers to the Questionnaire Concerning the Protection of Names of States Against Registration and Use as Trademarks and in the written materials on specific aspects of their legislation and practice related to protection of country names, etc.

3.1.2.6. Advisory Committee on Enforcement

The 10th Session of the Advisory Committee on Enforcement took place at WIPO’s Geneva headquarters on November 23–25, 2015. In the framework of this Session reports by experts were heard and discussions were held on such topics as domain names dispute resolution, prevention of cyber-counterfeiting, cooperation among various Government Agencies, which included, in particular a proposal to develop electronic interaction between enforcement agencies of WIPO member states in order to enhance effectiveness of revealing and suppression of infringements. In addition to this event, an interactive exhibition was organized devoted to campaigns on raising public awareness in the IP field.

3.1.2.7. Working Group on the Development of the Madrid System

Rospatent delegation took part in the 13th Session of the Working Group on the Legal Development of the Madrid System for the International Registration of Marks (Madrid System) on November 2–6, 2015.

The Session resulted in adoption of a number of decisions that are of importance to the Russian users of the Madrid System.

In particular, the participants of the Session recommended that a number of amendments to the Common Regulations shall be adopted by the Madrid Union Assembly. In addition to that, the issues of further use of Article 9sexies of the Protocol relating to the Madrid Agreement concerning Registration of Marks, of possible introduction into the Madrid System of procedure for division of international applications and registrations, of suspension of the five-year dependency principle.

In the course of the Session the WIPO Secretariat stated that the Madrid System is now governed by a single treaty because Algeria, which used to be the last state to adhere only to the Madrid Agreement, joined the Madrid Protocol on October 31, 2015. This fact served as grounds for the Working Group to recommend the WIPO International Bureau to prepare a proposal on preventing new member states to join only the Madrid Agreement without signing the Protocol.

3.1.2.8. Standing Committee on Copyright and Related Rights

During the 30th (June 29 — July 3, 2015) and 31st (December 7–11, 2015) Sessions the Standing Committee on Copyright and Related Rights continued working on the instrument on protection of broadcasting organizations. In the course of work of the Committee the specific scope and object, as well as definitions related to broadcasting and broadcasting organizations were discussed. Also, discussions were continued concerning limitations and exceptions for educational and scientific organizations, libraries and archives, disabled persons.

3.1.2.9. Intergovernmental Committee on the Protection of Genetic Resources, Traditional Knowledge and Folklore

In 2015, no Sessions of the WIPO Intergovernmental Committee on the Protection of Genetic Resources, Traditional Knowledge and Folklore took place, hence discussions and opinion exchanges on the issues of traditional knowledge protection took other forms.

In March 2015, Rospatent representatives took part in «Seminar on Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions: Regional, National and Local Experiences» organized by WIPO in Geneva (Switzerland) with the financial aid of the Government of Australia. At the seminar the Russian delegation presented a report concerning the issues related to inclusion into the materials of applications for inventions of requirements on disclosure of the country of origin of genetic resources used in the application, as well as of the associated traditional knowledge.

The seminar was aimed at the member states of WIPO and observers. It provided an opportunity to exchange information on the currently existing regional, national and local practices, experience and thematic studies in the field of protection of traditional knowledge for further analysis, informing interested circles and development of directions of further activities on the protection of the said objects.

Rospatent continued its awareness-raising activities in the regions, including on the issues of protection of traditional knowledge.

Seminar «Modern challenges in the IP field and protection of traditional knowledge» took place in Petropavlovsk-Kamchatsky on September 28–29, 2015. The seminar was organized by WIPO in cooperation with Rospatent and Far Eastern Federal University.

Also, the current issues of IP protection, development of innovative activities and support of scientific research in Kamchatsky region, as well as prospects of their commercialization were reviewed during the seminar.

Rospatent representatives presented the following reports: «Protection of appellations of origin», a very important topic for Kamchatka, where many national crafts (traditional knowledge) exist that have no comparable counterparts in other regions of the Russian Federation; «International experience of protection and conservation of traditional knowledge. Participation of Rospatent in the implementation of the main goals of the WIPO Intergovernmental Committee on the Protection of Genetic Resources, Traditional Knowledge and Folklore». A presentation on the Regulations for countries in transition was displayed that was prepared by WIPO with assistance of Rospatent.

Two panel discussions «Current issues in the IP field» and «Traditional knowledge and IP: points of coincidence, possibilities of protection» were held, during which the participants discussed the most problematic issues of the modern patent and copyright law, opportunities of commercialization of IP and other burning issues.

Representatives of Skolkovo Foundation, WIPO, local administration and Far Eastern Federal University appeared at the seminar.

3.1.3. Interaction with the WIPO Office in the Russian Federation

This activity is carried out in accordance with the Agreement between the Government of the Russian Federation and the World Intellectual Property Organization (signed in Geneva on April 10, 2013).

The main objectives of the WIPO Office in the Russian Federation (herenafter — WIPO Office) are to expand the scope of cooperation between Rospatent and WIPO International Bureau, to facilitate the development of the systems for IP protection and enforcement in the Russian Federation, to provide services to support WIPO systems for the international registration of the intellectual property objects, to strengthen the potential for IP use with the aim of supporting the country’s economic development.

Interaction between Rospatent and WIPO Office is exercised within the framework of the annual joint program of activities on conduction of scientific and practical conferences, educational seminars and other events concerning the current theoretical and practical issues of legal protection and use of the results of intellectual activity and aimed at contributing to enhancing the IP system and innovation development in the Russian Federation.

Within the last year a series of similar events took place, among which regional seminars on the topic «IP for small and medium-sized enterprises» (Chelyabinsk, Kazan), «Contribution to the effective use of Madrid System of international registration of marks and Hague System of international registration of industrial designs» (Bryansk, Ekaterinburg), seminars on the IP policy for universities and scientific research institutions (Yaroslavl, Nalchik), seminars of the РСТ international patent system (Novosibirsk, Tyumen, Khanty-Mansyisk), seminars for Technology and Innovation Support Centers (Moscow, Petrozavodsk).

3.1.4. Joint activities on development of international patent systems and systems for registration of means of individualization

Joint activities of Rospatent and WIPO in this area are aimed at ensuring participation of the Russian Federation in the global systems of registration and their promotion among Russian applicants and interested parties. For this purpose various events are organized on training of Russian experts, on exchange of patent information and data, on development of information search systems and instruments for applicants, on raising public awareness by way of organizing educational seminars and conferences.

Currently, the Russian Federation is a member of the Madrid System of the international registration of marks and the international Patent System (PCT) within which Rospatent also acts as the International Searching Authority and as the International Preliminary Examining Authority. The work on joining the Hague System for international registration of industrial designs is in progress.

3.1.5. Activities on implementation of the project on creation of Technology and Innovation Support Centers (TISC)

Within the framework of its activities on providing legal and technical support in the IP field to all the member states in 2009 WIPO initiated a pilot project of creation of Technology and Innovation Support Centers (TISCs) aiming at facilitating access to technical knowledge and enhancing effectiveness of patent information use. In the Russian Federation this project started off in September, 2011. In the course of its implementation a whole set of TISCs was created rendering a wide range of services from providing information on patents and technologies to consultations on the whole course of innovation process. 135 TISCs were created by the end of 2015 in the regions of the Russian Federation, which provided to the innovative companies and individual inventors a possibility to have a free access to specialized databases and other high quality information resources in the IP field.

The following functions of TISC can be listed:

  • access to online patent and non-patent (scientific and technical) resources and IP-related publications;
  • assistance in searching and retrieving technology information;
  • training in database search;
  • on-demand searches (novelty, state-of-the-art and infringement);
  • monitoring technology and competitors;
  • providing basic information on laws, principles of use and strategy in the field of industrial property, as well as on technology commercialization and marketing;
  • preparation of reports on patent landscapes, i.e. reports on the state of patent activities in a certain area of technology in the given country, region or over the world. Preparation of the report usually begins with the study of the state of the art.

3.1.6. Cooperation on implementation of joint projects in the field of education and personnel training. WIPO Summer School

Cooperation in the field of education and personnel training is successfully exercised within the framework of the Agreement between the Russian State Academy of Intellectual Property (RGAIS) and WIPO Academy signed in 2010.

One of the most significant projects in this cooperation field is the WIPO Summer School that is traditionally held at the venue of St. Petersburg State University of Information Technologies, Mechanics and Optics with the purpose of providing the possibility to young professionals and students of institutions of higher education to broaden their knowledge in the IP field, to understand its role as an instrument of economical, social, cultural and technological development and to learn about the WIPO activities in the said area.

The WIPO Summer School, that has been organized in the Russian Federation for 6 years already and is an important event for raising awareness in the IP field among the students and young specialists, took place in 2015 within the period of July 6–17.

In 2015, the WIPO Summer School program consisted of 6 sections (30 topics in total).

1. Patents and innovations (international patent law, exceptions and limitations to patent rights);

2. Copyright and related rights (international copyright law, и exceptions and limitations to copyrights, collective management of copyright and related rights);

3. Trademarks and domain names;

4. Other rights to IP (commercial secret, protection of industrial designs and geographical indications, UPOV Convention);

5. Economics of IP (evaluation, licensing);

6. Modern IP issues (healthcare, climate change, traditional knowledge).

3.2. Cooperation with international and regional organizations

3.2.1. Asia-Pacific Economic Cooperation (APEC)

In the reported period, the representatives of Rospatent took part in the 40th and 41st meetings of the Intellectual Property Rights Experts’ Group (IPEG) of the APEC Committee on Trade and Investment held in Philippines.

Within the IPEG activities Rospatent submitted the project proposal «IP Commercialization for SMEs», which represents one of the stages of the Initiative to facilitate the exploitation of IPRs and innovation in SMEs. The project is aimed at the exchange of experience on best practices in IP management and commercialization for SMEs. The co-sponsors of the project are Mexico, Viet Nam and Peru.

3.2.2. Cooperation with the European Patent Office (EPO)

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

One of the significant events in 2015 was the Field Specific Training (FST) workshops for FIPS examiners held by the EPO specialists.

The first part of the seminars was devoted to the general principles of construction of the Cooperative Patent Classification and features of classification of documents in a specific technical area. Total 8 broad technical areas were covered during the training.

The second part of the trainings was practical exercises on classification of applications in the specific technical areas.

The total number of trained examiners is 318.

3.2.3. Cooperation with the Office for Harmonization in the Internal Market (Trademarks and Design) EU

In 2015, Rospatent continued efforts to strengthen and expand cooperation with the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM).

During the year, a joint project of Rospatent and OHIM «Modernization of the Intellectual Property System in the Russian Federation» (hereinafter — the Project) achieved a significant development, which has been successfully implemented within the framework of the Russia-EU Initiative «Partnership for Modernization» since January 2013.

The main goal of the project is the analysis of the Russian and European systems for the protection of trademarks and industrial designs, the identification of the differences between them, the analysis of the possibility of their convergence. The Offices attempted to develop recommendations on the convergence of European and Russian legislation and guidelines for the examination of applications for trademarks / industrial designs for the use of Rospatent experts, as well as implementation of integration of Rospatent data on trademarks and industrial designs in the search engines and OHIM auxiliary tools.

During the Project, two round table discussions were conducted: implementation of Russian Guidelines on Trademark and Industrial Designs (November 16–17, 2015, Moscow) and seminar «Modernization and convergence challenge procedures of trademarks and industrial designs protection in Russia and the EU» (December 4, 2015, Moscow), where the study of the Boards of Appeals of OHIM «Comparative analysis and recommendations on the convergence of appeal procedures in Rospatent and OHIM», prepared by the specialists of OHIM, was presented.

Completion of the Project is scheduled for March 2016.

3.2.4. Cooperation with the Eurasian Patent Organization (EAPO)

Rospatent continued cooperation with the Eurasian Patent Office (EAPO) of the Eurasian Patent Organization. In accordance with the Treaty between the Eurasian Patent Organization and the Federal Institute of Industrial Property, patent searches were conducted and examination opinions were prepared on their basis.

The ordinary session of the Working Group on electronic filing of applications which includes specialists from Rospatent, FIPS and the EAPO, was held in April 2015. Technical aspects of filing the Eurasian applications via the Common Government Services Portal of Russian Federation were considered.

In June 2015, the delegation of Rospatent attended the 29th (extraordinary) session of the Administrative Council of the Eurasian Patent Organization (EAPO AC). The plenipotentiary representatives of the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, the Republic of Tajikistan and Turkmenistan took part in the session, as well as the representative of WIPO attended as an observer. During the session the voting was held on the appointment of the Eurasian Patent Office President for the following six-year term.

In October 2015, the 20th session of the Budget Working Group of the EAPO AC was held. At the session, the EAPO Annual Report for 2014 was discussed in detail, the draft EAPO budget for 2016 was considered and recommendations made to update its explanatory note, the possibility to include additional terms into the Statute on terms of employment of EAPO officials was considered. The agenda of the next ordinary session of the EAPO AC was based on the results achieved by the Budget Working Group.

On November 12–13, 2015, the delegation of Rospatent took part in the 30th session of the EAPO AC and the international conference dedicated to the 20th anniversary of the EAPO.

During the EAPO AC session the EAPO Development Program 2010–2014 Implementation Report and the draft EAPO Development Program 2015–2019 were considered, the revised EAPO budget for 2016 was approved, the proposed amendments and addendums to the Patent Instruction to the Eurasian Patent Convention and the Statute on Fees of the Eurasian Patent Organization were discussed.

3.2.5. Cooperation with the Eurasian Economic Commission (EEC)

Cooperation with the Eurasian Economic Commission (EEC) remains an important area of international cooperation of Rospatent, which is aimed to ensure functionality and development of integration associations within the Eurasian space and build their legal framework on intellectual property.

As of January 1, 2015, the Treaty on the Eurasian Economic Union (the EAEU Treaty), done on May 29, 2014, came into force. Rospatent was involved in drafting the Treaty, specifically Chapter XXIII «Intellectual property» and Annex 26. These sections provide the list of basic international treaties for cooperation in the field of intellectual property between the EAEU member states, define goals and areas of such cooperation and contain rules covering all the main types of intellectual property objects.

Due to expansion of the Eurasian integration membership in 2015, Rospatent within its competence took part in finalizing the international treaty on the accession of the Kyrgyz Republic to the EAEU Treaty.

Throughout the year the specialists of Rospatent participated in finalizing and coordinating the draft international treaties within the framework of the EAEU, including the Treaty on the Customs Code of the Eurasian Economic Union, the Treaty on Coordination of Intellectual Property Enforcement Activities (signed on September 8, 2015), the Agreement on the Collective Management Procedures for Copyright and Related Rights, the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union (hereinafter — the Trademark Treaty).

The draft Trademark Treaty provides that applications for EAEU trademarks and EAEU AOs are to be filed with one of the patent offices of the EAEU Member States, utilizing the «single window» rule, whereby the rightholder has to interact with one office only. EAEU trademarks and EAEU AOs are to be protected in the territory of all the EAEU Member States. The draft Trademark Treaty provides for the procedures known from the Madrid System for the International Registration of Marks, such as substitution of an EAEU trademark registration for national trademark registrations, as well as conversion from a national trademark application into an EAEU trademark application, from an EAEU trademark application into a national trademark application, from an EAEU trademark registration removed from the Registry into a national trademark registration. The signing of the Trademark Treaty should contribute to solving the so called «Soviet trademark» issue, which is unique to the Eurasian region.

In 2015, Rospatent was involved in the activities of the Advisory Committee on Intellectual Property under the Board of the EEC. In particular, the specialists of Rospatent took part in preparing documents for the 5th and 6th sessions of the Committee held on March 18, 2015 in Minsk (Belarus) and on November 13, 2015 in Astana (Kazakhstan), as well as in drafting the new Statute of the Committee (approved by Decision of the Board of the EEC of November 3, 2015 No. 143). The Director General of Rospatent Mr. Grigory Ivliev was added to the membership of the Advisory Committee by Disposition of the Board of EEC of October 20, 2015 No. 119.

In 2015, Rospatent continued the work related to the activities of the Working Group on development of proposals for further implementation of the principle of exhaustion of exclusive intellectual property rights. Four sessions of the Working Group as well as several consultation meetings were held in 2015, where the participants coordinated ways to implement the exhaustion principle of exclusive rights and discussed documents required to introduce exceptions from the regional principle of exhaustion established in the EAEU Treaty.

Also, Rospatent participated in such integration activities as the establishment of free trade areas. The important result of these efforts was the signing on May 29, 2015 of the Free Trade Agreement between the Eurasian Economic Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part. The specialists of Rospatent were involved in drafting of the intellectual property provisions of the Agreement. After the Agreement was signed, the further work on its ratification and development of implementation plans was carried out.

In 2015, a number of countries eligible for negotiating free trade agreements expanded significantly. The specialists of Rospatent within their competence attended meetings of the working groups and the research groups dedicated to negotiating the agreements with Israel, India, Egypt etc.

A new area of cooperation with the EEC emerged, related to the development of information and communication systems within the Eurasian integration. The specialists of Rospatent took part in the sessions of the Working Group on the establishment and development of the Russian national segment of the international information systems of digital economy development, established under the Sub-commission for economic integration of the Russian Federation of the Government Commission for economic development and integration. Also, within the competence of Rospatent they took part in the implementation of action plans approved by the EEC and the Russian Federation, on such issues as the implementation of common processes of the EAEU, establishment and development of the national Single Window mechanism of the Russian Federation. In order to discuss these issues an internal working group was established in Rospatent.

Additionally, in the reported year, the work was continued to coordinate the List of mutual barriers hampering the operation of the internal market of the EAEU, as well as exceptions and limitations pertaining to the movement of goods, services, capital and workers.

3.2.6. Cooperation with BRICS countries

Development of cooperation with the BRICS countries is one of the most important areas of international activities of Rospatent. This is due to the fact that, in 2015, following the established order the presidency in the BRICS association passed to the Russian Federation.

The subsequent meeting of the Heads of IP Offices took place on June 10–11, 2015 in Rio de Janeiro (Brazil). It was devoted to the discussion of cooperation streams under the BRICS IP Offices Cooperation Roadmap adopted in 2013. In particular, the cooperation streams «Examiner Exchange Program» and «Training of Intellectual Property Office Staff» were merged together and Rospatent was appointed as the leading Office for the resulting initiative. At the end of the meeting the status of presiding Office was passed on to Rospatent.

On October 6, 2015 the Heads of BRICS IP Offices met in the framework of the 55th Series of Meetings of the Assemblies of the Member States of WIPO. During the meeting the parties discussed the intermediary results of works under the Roadmap, exchanged opinions on the format of further cooperation and reviewed the question on holding the next meeting of the Heads of the IP Offices in June 2015 in Moscow. In addition to that, within the framework of the cooperation stream «Training of Intellectual Property Office Staff and Examiner Exchange Program» an agreement was reached to conduct a training program for examiners of the BRICS IP Offices in Rospatent in February-March 2016.

Within 2015, Rospatent specialists took an active part in three meetings of the Contact Group on Economic and Trade Issues (CGETI). During the meeting on December 3, 2015 the Chinese delegation provided for review a document entitled «Terms of Reference of BRICS Countries IPR Cooperation Mechanism». The work on the document was continued via electronic exchange between the Offices.

Also, in 2015, the Rospatent specialists were engaged, within their competence, in the coordination of the draft of the Strategy for BRICS Economic Partnership adopted based on the results of the VII BRICS Summit 2015 in Ufa.

3.3. Bilateral Cooperation

On April 22, 2015 the Memorandum of Cooperation between the Federal Service for Intellectual Property and the State Committee on Standards, Consumer and Technical Supervision of the Republic of Abkhazia was signed during the meeting of heads of the offices in Rospatent. The document provides for a basis for the development of cooperation between the two offices in areas such as data exchange, joint events, training of specialists, etc. The Memorandum is to be implemented via the Action Plan which is to be drafted in 2016.

On September 24, 2015 Rospatent held the XIX scientific and practical conference «Intellectual Property: History and Modern Trends» dedicated to the 60th anniversary of Rospatent. The specialists from 20 foreign countries, among them 6 heads of foreign intellectual property offices, as well as the representatives of WIPO, EAPO, the EPO and OHIM took part in the conference. On the sidelines of the conference the Memorandum of Understanding between the Federal Service for Intellectual Property and the intellectual Property Office of the Republic of Serbia was signed. The Memorandum is aimed to establish continuous and productive cooperation between the offices and provides for such areas of cooperation as the exchange of information and experience on various aspects in the IP field, in particular, on procedures on granting legal protection to intellectual property objects, the exchange of best practices in training of specialists in the IP field, the increasing of public awareness, etc.

On November 27, 2015 the Memorandum of Understanding between the Federal Service for Intellectual Property and the Ministry of Economy (the United Arab Emirates) was signed on the sidelines of the 5th session of the Intergovernmental Russia-UAE Commission on trade, economic and technological cooperation in Abu Dhabi (the UAE). The document provides for various forms of cooperation such as exchange of information and experience in the fields of intellectual property protection and information services for users, training of specialists, etc.

In 2015, Rospatent continued the cooperation in the field of intellectual property rights protection with the Chinese side within the framework of interaction between the offices and various international organizations and fora.

Rospatent continued its work as the leading office from the Russian side to coordinate interaction between the parties to the China-Russia Working Group on cooperation in protection of intellectual property rights, established under the Sub-Commission for trade and economic cooperation of the Russian-Chinese Commission for preparing regular meetings of the heads of governments (hereinafter — the Working Group). The ordinary 8th session of the Working Group was held on August 26, 2015 in Beijing. The highly representative list of participants of the session showed the importance of this event (delegations included representatives of Rospatent, the Ministry of Economic Development of the Russian Federation, the Office of the Prosecutor General of the Russian Federation and the Ministry of Culture of The Russian Federation from the Russian side; and the Ministry of Commerce of the PRC, the Supreme People’s Court of the PRC, the Ministry of Public Security of the PRC, the Supreme People’s Procuratorate, the General Administration of Customs, the State Intellectual Property Office of the PRC and the State Administration for Industry and Commerce from the Chinese side).

During the session of the Working Group the parties exchanged information on the latest developments in the national legislation on intellectual property protection and enforcement, as well as information on organizational and practical measures aimed at preventing, detecting and suppressing infringements in the IP field (including piracy and counterfeiting) in 2014–2015. The parties also discussed the prospects of cooperation between the offices and the possible directions of its development and exchanged comprehensive information on cooperation within the framework of international organizations and regional associations.

The exchange of information on the topical issues of cooperation between the offices on intellectual property rights protection was continued at the meeting of heads of Russian and Chinese patent offices on August 27, 2015 at the State Intellectual property Office of the PRC (Beijing).

The proposals of Rospatent aimed to further promote the Russian-Chinese cooperation on intellectual property rights protection were included in the minutes of the 18th session of the Sub-Commission for trade and economic cooperation of the Russian-Chinese Commission for preparing regular meetings of the heads of governments, held on November 10, 2015 in Beijing.

In 2015, Rospatent along with the State Intellectual Property Office of the PRC and the Intellectual Property Office of Mongolia continued to develop the trilateral cooperation between the offices.

The specialists of Rospatent took part in the 3rd Russian-Chinese-Mongolian intellectual property seminar «the Latest Developments in the Intellectual Property Legal Systems in China, Mongolia and Russia», held on August 28, 2015 at the premises of the Chinese Intellectual Property Education Centre (Beijing).

The intention of the parties to promote trilateral cooperation was formalized in the Memorandum of Cooperation between the Federal Service for Intellectual Property, the State intellectual Property Office of the PRC and the Intellectual Property Office of Mongolia, signed at the meeting of the heads of offices on August 28, 2015 in Beijing. Following the arrangements provided for in the Memorandum, by the end of 2015 the parties developed the draft Plan of Action of Trilateral Cooperation for 2016 and outlined the topics of the upcoming trilateral seminar.

On November 30, 2015 in Paris (France) the 10th meeting of the Russian-French Working Group on the Protection of Intellectual Property and Combatting Counterfeit Goods (hereinafter — the Working Group) created within the Russian-French Council for Economic, Financial, Industrial and Commercial issues (CEFIC) was held.

On the Russian side the representatives of Rospatent, the Ministry o Economic Development of the Russian Federation, the Federal Service for Supervision of Healthcare, The Federal Customs Service, the Office of the Prosecutor General of the Russian Federation, the International Association of Organizations «Antic-counterfeit» and the Trade Representation of the Russian Federation in the French Republic took part in the meeting.

On the French side the representatives of the National Institute of Industrial Property of France (INPI), the National Institute of Origin and Quality of France (INAO), the Ministry of Justice, the Ministry of Agriculture, Agroindustry and Forestry of France (MAAF), the Ministry of Finance and State Accounts, the Ministry of economy, industry and digital technologies, the Research Institute in the field of combating counterfeit of pharmaceuticals (IRACM), the Directorate General on customs and indirect taxes (DGDDI), the Central Bureau on the combating crimes against environment and health care (OCLAESP), the representatives of professional associations and unions: the Producers Union (UNIFAB), the Association on combating piracy in the field of audiovisual means (ALPA), the Professional Bureau of Cognac Producers (BNIC) and the Interprofessional Committee of Champagne Wines (CIVC), took part in the meeting.

As usual, the 3 main issues were discussed during the meeting:

  • «The latest news on the national and regional levels in the IP field and combating counterfeited goods». Each side presented the outlook of the current situation;
  • «Combating with counterfeited goods». The representatives of judicial authorities and customs made their presentations. Within this issue the topic on medicine was discussed separately. The sides exchanged the information on problems related to the detection of faked and counterfeited pharmaceuticals on the market.
  • «Protection of geographical indications and appellations of origin». The sides discussed the possible trends in development of legislation in respect of geographical indications due to the review of the Lisbon Agreement on the protection of appellations of origin and their international registration, as well as issues and problem areas of use of signs «Champagne», «Cognac» and «Calvados» in Russia.

Following the results of the meeting the sides identified the further format and areas of cooperation as well as a number of activities on implementation of the agreements reached during the meeting.

In 2015, following the requests from the Ministry of Education and Science of the Russian Federation Rospatent continued the work related to negotiation of the draft agreements between the Government of the Russian Federation and the governments of foreign states on scientific and technical cooperation. Specifically, Rospatent provided comments on the draft agreements with Greece, Cuba, Norway, Finland and Chile. The work in this area will be continued in 2016.

3.4. Cooperation with the Commonwealth of Independent States
(CIS) countries

Throughout the year Rospatent continued its active cooperation with the CIS countries, Georgia and the Eurasian Patent Office of the Eurasian Patent Organization (EAPO) on exchange of information related to the documents of title for inventions of the CIS countries and the Eurasian patents in accordance with the Agreement on the Industrial Publication of the Regional Patent Information Product of the CIS Countries on CD-ROM, done on May 22, 2001 (CISPATENT).

On March 24–25, 2015 the ordinary session of the Coordination Council for the Project on industrial publication of the regional patent information product of the CIS countries on CD-ROM (the Coordination Council) was held in Rospatent. The representatives of national patent offices of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan, as well as the EAPO attended this session of the Coordination Council.

During the session, the specialists of Rospatent presented the report on the CIS countries regional patent information product industrial publication results in 2014, as well as the actual costs of development and publication of the CISPATENT disk in 2014 and the estimated costs of its development and publication in 2015 were approved.

The next session of the Coordination Council is scheduled for the 1st quarter of 2016.

On November 9, 2015 the 4th session of the Interstate Council for Legal Protection and Enforcement of Intellectual Property (MGSIS) was held at the premises of the CIS Executive Council (Moscow). The session was attended by the representatives of the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, the CIS Executive Council, the EAPO and WIPO.

At the session of the MGSIS Rospatent presented the information on the state of intellectual property protection and enforcement in the Russian Federation in 2015 and on measures to counter infringements in the field of intellectual property. During the session the delegation of Rospatent participated in the discussion of the draft Concept Paper on building and developing the CIS countries intellectual property market, the draft Agreement on cooperation of the CIS countries in countering the production and the distribution of counterfeit goods, the information on the implementation of the Priority Action Plan to implement the Concept Paper on building and developing an interstate system of training, retraining and professional development of intellectual property specialists, as well as in approving the action plans of the Working Commissions established within the MGSIS. The next session of the MGSIS is scheduled for the 4th quarter of 2016.

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

In 2015, Rospatent continued operating as the International Searching Authority and the International Preliminary Examining Authority. This work was done under the Agreement between Rospatent and International Bureau of WIPO in effect from January 1, 2008 to December 31, 2018. Under provisions thereof, Rospatent performs the international-type search and international preliminary examination of applications in Russian and in English languages and was selected by thirty receiving offices of the contracting states as the competent International Searching Authority and the International Preliminary Examining Authority. Apart from that, Rospatent continues its activities in accordance with the bilateral agreements with the Eurasian Patent Organization (EAPO), Turkish Patent Institute (TPI) and patent offices of the CIS countries.

2 354 international applications were received for international-type search in 2015. Table 3.5.1. below shows the statistical data on the receiving offices of the countries and organizations from which most applications for international-type search were received.

Table 3.5.1

Receiving office

Number of applications

Receiving office

Number of applications

Receiving office

Number of applications

USA

1391

Hungary

37

Bulgaria

6

Rospatent

718

Kazakhstan

19

Vietnam

5

Ukraine

74

Belarus

7

Moldavia

4

WIPO IB

61

EAPO

6

Romania

4


The requests for international preliminary examination were received in respect of 77 international applications, of which 56 requests related to applications filed with Rospatent as a receiving office.

The requests for supplementary international-type searches in compliance with the PCT Regulations Rule 45bis were received in respect of 28 international applications filed mostly by applicants from Sweden (20 applications). The remainder came from applicants in the USA, Canada, Turkey, European Patent Office (EPO) and WIPO.

Rospatent carried out international-type search for national and regional applications in line with Article 15 (5), РСТ. International search reports were prepared in 2015 on 18 national applications filed with Rospatent.

Based on the international agreement between EAPO and FIPS, reports on international-type searches for 731 Eurasian applications and 41 examination opinions were prepared. In accordance with the agreement between Rospatent and TPI 572 international-type search reports with an opinion were prepared. Four international-type search reports with an opinion were prepared in 2014 on applications filed with the CIS patent offices.

Table 3.5 below shows the key performance indicators (KPIs) of Rospatent as the international searching authority and the international preliminary examining authority, as well as in accordance with the bilateral agreements on various types of search and examination in the last 5 years.

Table 3.5.2

Key performance indicators

Year

2011

2012

2013

2014

2015

Total number of international applications for which reports on international-type search were prepared

1008

1904

2980

3006

2447

Total number of international applications for which preliminary examination opinions were prepared

65

81

119

78

75

Total number of applications for which reports on supplementary international-type searches were prepared

31

27

20

33

61

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

CIS

11

2

2

1

4

EAPO

670

817

891

707

731

TPI

936

784

588

752

572


3.6. Rospatent as a Receiving Office

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

950 international applications were submitted to Rospatent as a receiving office in 2015. Rospatent and the EPO are the competent International Searching Authorities for applications filed with Rospatent as a receiving office. Notably, the vast majority of applicants had selected Rospatent as the International Searching Authority.

As a receiving office, Rospatent has been accepting international applications in PCT-SAFE, WIPO’s electronic filing software, since January 1, 1999. The WIPO International Bureau stopped accepting applications starting from July 1, 2015, but Rospatent accepted 69 applications in PCT-SAFE during the first half of 2015. In 2015, Rospatent cooperated with WIPO in ensuring the possibility of the Russian applicants to file international applications via WIPO ePCT filing service starting from January 1, 2016.

Furthermore, in keeping with the Eurasian Patent Convention (Article 15 (1) (ii)), Rospatent is a receiving office for Russian applicants filing Eurasian applications. Thus, Eurasian applications filed by Russian applicants, totalled 134 in 2014.

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

Table 3.6

Key performance indicators

Year

2011

2012

2013

2014

2015

Total in-coming international applications

1062

1150

1190

994

950

Total international applications processed with PCT-SAFE

150

199

229

221

69


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

The year 2015 added momentum to cooperation with foreign patent offices under the Patent Prosecution Highway (РРН), which Rospatent joined in 2009.

The memorandums of understanding for PPH and PCT-PPH programmes were renewed for 3 more years with the Patent Office of the People’s Republic of China, the Regulations for participation in the programmes were updated.

During 2015 there was an increase in the number of offices participating in the multilateral pilot programme Global Patent Prosecution Highway (GPPH). Apart from Rospatent, by the end of 2015 in the GPPH programme participated 20 patent offices. Thus, Rospatent’s partners under diverse bilateral and multilateral PPH programmes include today intellectual property offices of Japan, the USA, Korea, China, the UK, Canada, Australia, Denmark, Finland, Hungary, Spain, Sweden, Portugal, Israel, Norway, Iceland, Austria, Singapore, Germany, Estonia and the Nordic Patent Institute.

Within the framework of agreements reached regarding the experience exchange the experience exchange programme for IP specialists with the Japan Patent Office (JPO) was continued in 2015.

Within the effective term of PPH, Rospatent received the total amount of 922 requests for accelerated patent prosecution, including 452 under the PPH programme with the Patent and Trademark office of the USA, 317 — with the Japanese Patent Office, 43 — with the office of Korea, 29 — with the office of China, 25 — with the office of Canada, 10 — with the office of Finland, 4 — with the office of Spain, 8 — with the office of Israel, 4 — with the office of Australia, 13 — with the office of the UK, 6 — with the office of Sweden, 3 — with the office of Denmark. There were refusals with regard to 8 applications for accelerated patent prosecution. Noteworthy, total requests processed for diverse participation in PPH is growing yealy, with PPH participation requests for 2015 being equal to practically as many as those filed in the entire prior period the PPH programme had been in effect.



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