The Federal Service for Intellectual Property, Patents and Trademarks (ROSPATENT) and the World Intellectual Property Organization (WIPO) hereinafter referred to as “the Parties,”
taking into account the impact of intellectual property on economic, social and cultural development,
realizing the necessity to consolidate national, regional and international efforts of different stakeholders in dealing with the challenges of globalization to the world economy and the enforcement of intellectual property rights (hereinafter referred to as “IPRs”),
desiring to intensify mutually supportive and beneficial cooperation between them on issues relating to the enforcement of IPRs,
endeavoring to ensure an effective legislative framework, skills development and information sharing and exchange in relation to intellectual property and a broad awareness of the intellectual property system and the enforcement of IPRs;
Agree as follows:
1. General provisions
The purpose of this Memorandum is to coordinate the joint activities of the Parties aimed at:
- identification and creation of efficient mechanisms for the enforcement of IPRs;
- increased intellectual property awareness at all levels in society, including in the public and private sectors, governmental entities, the academic and cultural sphere and the public in general;
- establishment of a strategic approach for the effective enforcement of IPRs, including the promotion of cooperation among Russian and foreign entities and organizations active in the field of protection, use and enforcement of IPRs.
For the purpose of this Memorandum:
- "cooperation" means any way of interaction between the Parties, or the designated participants, with the aim of implementing this Memorandum;
- "joint activities" mean activities within the scope of this Memorandum, financial support for which is provided either by both Parties, or by one of them, and which are implemented jointly by them and/or by the designated participants;
- "intellectual property" is to be understood in the meaning set forth in Article 2 of the Convention Establishing the World Intellectual Property Organization, signed at Stockholm on July 14, 1967;
- "participant" shall mean any physical and/or legal person, including universities, scientific or research and development institutes, other relevant services, agencies and official entities determined or designated by either or both Parties.
In developing the joint activities the Parties shall be guided by the following:
- defining and adopting common strategic goals for establishing intellectual property awareness and for the integration of intellectual property policies into national development goals;
- consolidating efforts and equal sharing of contributions by the Parties and/or the designated participants in joint activities on the basis of specific arrangements approved by the Parties;
- implementing approved joint Action Plans.
4. Directions of Cooperation
The Parties have determined the following main directions for their joint activities:
- consultations, training activities and meetings, exhibitions, studies and study visits;
- exchange of experience, knowledge and information;
- developing and publishing of materials and manuals;
- creation of databases with respect to intellectual property regulations including enforcement matters;
- development of infrastructure, including ensuring the activity of specialized help desks in order to promote an awareness of intellectual property protection and enforcement;
- assessment and evaluation of the effective enforcement of IPRs;
- conducting a dialogue with intergovernmental and non governmental organizations and stakeholders in other WIPO Member States aimed at establishing networks for the exchange of information;
- other mutually agreed upon activities within the scope of this Memorandum.
ROSPATENT will determine in each case the Russian participant(s) to be involved in the activities carried out under this Memorandum.
The Director General of WIPO will determine in each case the participant(s) representing WIPO in activities carried out under this Memorandum.
Any particular cooperation project or joint activity shall be taken up on mutual consent of the Parties and executed with due account of their available budget and human resources. The main goals of the cooperation project or joint activity, financial contributions and participants of the cooperation project shall be determined by the Parties to this Memorandum in annual Action Plans subject to approval by the Parties, which would be an integral part of this Memorandum.
This Memorandum may be amended by consensus of the Parties to this Memorandum.
7. Final clauses
This Memorandum shall come into effect on the date of its signing.
If either of the Parties to this Memorandum gives the other Party a written notice to terminate the Memorandum, the Memorandum shall terminate one year after receipt of the notice by the other Party, unless a longer period is specified in the notice or unless both Parties agree on a longer or a shorter period.
Done in Geneva on July 28, 2005 in four original copies: two in Russian and two in English.
For The Federal Service
For Intellectual Property, Patents and
Trademarks of the Russian Federation
For the World Intellectual Property Organization