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Annual reports 2001 - Section 1

 



Main Activities of Rospatent in 2001

Formulating and implementing a uniform state policy on the legal protection of industrial property rights, computer programs, databases, and topographies of integrated circuits. In 2001 on the instructions of the Russian Government, Rospatent was engaged in the working out of main orientations for brining results of scientific and technological activity, created at the expense of funds provided from the state budget, into commercial circulation and determination of measures to implement these orientations.

This proposals and drafts documents were adopted as Resolution of the Russian Government (№ 1607-p, November 30, 2001) approving the main orientations for brining results of scientific and technological activity into commercial circulation.

Rospatent worked out the proposals on encouragement of development and brining results of scientific and technological activity and industrial property rights into commercial circulation as well as necessity of inputting adequate changes and amendments to normative Acts in the field of book-keeping.

The Decree of the Russian Government (№ 7, January 14, 2002) concerning order of inventory making and evaluation of intellectual property rights was worked out within the framework of Inter-Offices Working Group under the Ministry of State Property of the Russian Federation.

The Draft Law «On Classified Inventions» and «On Commercial Secrets» was drawn up within the framework of the Inter-Offices Working Group under the RU Ministry of Industry, Science and Technology.

The «Plan of activity aimed at further improvement of regional policy of Rospatent for 2001» was approved and put into force by the Rospatent Order within the framework of cooperation between Rospatent and Russian Regions.

The Agreement on cooperation between Rospatent and Plenipotentiary Representative of the President of the Russian Federation in Volga Federal District was signed as well as the Order of Rospatent for its implementation was issued. Besides, Rospatent concluded the Agreement on cooperation with the Council of Ministers of the Republic Bashkortostan, Government of the Republic of Tatarstan, Administration of St.-Petersburg and Administrations of Novosibirsk, Nizniy Novgorod, Yaroslavl regions as well.

The new Agreements on Cooperation between the Federal Institute of Industrial Property (FIPS) under Rospatent and basic organizations located in Russian regions were signed. The information support and rendering of consulting services were provided under the agreements concluded. The efficiency of agreements was a matter of studies.

The regular seminar were held in Riazan, Tver, Yaroslavl, Nizniy Novgorod, St.-Petersburg and Vologda-city.

As far as promotion of the public awareness in the field of inventive activity and working out the measures of moral encouragement of inventors are concerned, the Statute on Organization of Exhibitions of Inventions, Industrial Designs and Trademarks and Statute on Annual Concur for the Best Invention, Industrial Design and Trademark were worked out and entered into force.

The International Salon of Industrial Property «ARCHIMEDES-2001» was organized and held in April, 2001. Rospatent participated in various exhibitions which took place in Russia and abroad.

Improving Statutory Basis of Intellectual Property Legal Protection. In 2001, the Draft Federal Laws «On Introduction of Changes and Amendments to the Patent Law of the Russian Federation», «On Introduction of Changes and Amendments to the Law of the Russian Federation “On Trademarks, Service Marks and Appellations of Origin”», «On Introduction of Changes and Amendments to the Law of the Russian Federation “On the Legal Protection of Computer Programs and Databases”», «On Introduction of Changes and Amendments to the Law of the Russian Federation “On the Legal Protection of Topographies of Integrated Circuits”» were adopted at first reading by the State Duma of the Russian Federation (Russian Parliament). The important stage of Rospatent activity on improving current legislation and fulfillment of international obligations of the Russian Federation for achievement the conformity of the national legislation in the field of intellectual property to the requirements of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was completed.

The drafts of normative (by-law) Acts, which take into account the proposed amendments to current legislation, have been already worked out.

The Decree of the Russian Government (N 8, January 14, 2002) on Introduction of Changes and Amendments to the Statute on Fees for Patenting of Inventions, Utility Models, Industrial Designs, Registration of Trademarks, Service Marks and Appellations of Origin was worked out and adopted.

The joint Order of the State Customs Committee (SCC) of the Russian Federation and Rospatent «On Cooperation Between Customs Bodies of the Russian Federation and the Russian Agency for Patents and Trademarks» (№ 805/103) was promulgated on August 16, 2001.

The Recommendations concerning the peculiarities of invention examination for patentability were drafted and entered into force within the framework of improvement of methodological basis related to examination of applications for industrial property rights.

In 2001, Rospatent took part in working out the draft Rules on deposit of microorganisms for the purposes of national patent procedure. At present, the said document is on the stage of agreeing upon with the interested parties.

The main function concerning the legal protection of copyright and related rights was improvement of national legislation in the field of the copyright and related rights, coordination of activities of the authors’ societies and carrying out of international cooperation.

The conceptual basis of the State policy in the field of the copyright and related rights was developed. The official documents for accession of the Russian Federation to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (October 26, 1961) with a view to provide for the more strong protection of national performances, phonograms and broadcasting programs in all the Member States of the Rome Convention were worked out. The proposals related to accession of Russia to the WIPO Copyright Treaty (1996) and WIPO Performances and Phonogram Treaty (1996) were drafted.

The Draft Federal Law «On Inputting Amendments to the Law of the Russian Federation «On Copyright and Related Rights»» is going to be submitted for consideration of the State Duma of the Russian Federation.

The enforcement practice in the field of copyright and related rights was studied in cooperation with law enforcement agencies and proposals aimed at improvement of the enforcement activity were drafted. This statistical data will be used during the forthcoming session of the Supreme Court of the Russian Federation.

The proposals concerning the kinds of interrelation with societies for collective administration of copyright and related rights were worked out. This proposals were discussed and agreed upon with the heads of the said societies.

In the year under review, three International Conferences, one Regional Seminar and two Round Tables were held with a view of training personnel, specialists, representatives of the Federal Agencies as well as promotion of public awareness regarding position of Rospatent in the field of copyright and related rights.

International cooperation in the field of intellectual property legal protection in 2001 was aimed at providing conditions to accession of Russia to international multilateral agreements existing in the field of intellectual property; expansion of international cooperation in the field of intellectual property and providing safeguard of Russia interests in this field; fulfillment of obligations under concluded Intergovernmental and Inter-Offices Agreements; rendering assistance to improvement of professional skills of Russian specialists in the field of protection and enforcement of intellectual property rights.

As to providing conditions to accession of Russia to international multilateral agreements, the EU/Russia Plan of joint actions in the field of intellectual property as well as proposals on amendments to the Russian legislation according to obligations of the Russian Federation under the EU/Russia Partnership Agreement were drafted.

Within the framework of negotiation procedure on accession of Russia to the WTO, the comments and amendments to the text of «Review of Russian Trade Policy» were worked out. Within the framework of participation of Russia in the Forum of the Asian and Pacific Economic Cooperation (APEC), Rospatent has prepared proposals to the Section “Intellectual Property Rights» under an Individual Plan of Actions on the liberalization of trade and investments. The Rospatent effectively contributed to drafting of texts of the Intergovernmental Agreements on Scientific, Technical and Economic Cooperation with foreign countries, which were worked out by the various Russian Ministries, according to decision of the Russian Government. The comments and amendments related to Article «Intellectual Property» of 16 Draft Intergovernmental Agreements were prepared by Rospatent under such decisions.

As to expansion of international cooperation in the field of intellectual property and providing safeguard of Russia interests, the Agreements on Patent Information Exchange were signed with Patent Offices of Bulgaria, Hungary, Netherlands, Romany, Croatia, Poland, Ukraine, Estonia, Lithuania, etc. The revised Agreements on Patent Information Exchange were concluded with Patent Offices of the USA, China, Republic of Korea, Germany, etc. The above agreements allow to update the State Patent Collection as a basis for the State Examination of intellectual property rights as well as carry out patent searches by Russian enterprises and organizations.

The further strengthening of cooperation with the European Patent Office (EPO) should be underlined. The Protocol on Cooperation Between the EPO and Rospatent (June 1, 2001) provides the use of information technology and networks developed by the EPO; rendering assistance of the EPO in information support to both Rospatent and other national users; financial, organizational and technical assistance of the EPO in the field of training of the Rospatent personnel.

As to fulfillment of obligations under previously concluded agreements, the work on implementation of the Program of Cooperation Between the Russian Federation and the World Intellectual Property Organization (WIPO), signed in the year 2000, was one of the most important activities.

In development of this Program, the Framework Agreement on Cooperation Between the WIPO and Rospatent on training of Russian specialists on the basis of learning courses of the WIPO Worldwide Academy was concluded in 2001. One of the main purposes of the said Agreement is to make available in Russian (via the Internet) the distance learning courses to the specialists of Russia and the CIS countries. This project shall be launched in the middle of 2002.

In 2001, at the first time, the representative of Russia (the Director General of Rospatent) was invited to participate in meeting of the WIPO Policy Advisory Commission. The goal of this Commission is discussion of issues concerning strategic planning of the WIPO activity and development of international patent system.

Within the framework of bilateral cooperation with foreign patent offices , a new type of collaboration - providing , at the request, the legal information and consulting related to the most complicated issues of examination and protection of intellectual property rights - was developed. In 2001 more than 80 written opinions and elucidations were transmitted to Rospatent.

As to improvement of professional skills of Russian specialists in various branches of intellectual property, 8 International and Regional Seminars and Conferences were held, in particular the Seminar «Biotechnology and Patents» (in cooperation with the EPO), «International Salon 2001» , Regional Seminar on Intellectual Property and Information Technology (in cooperation with the WIPO), etc.

One of the new elements of cooperation was establishment of links with the Consultative Group on IPR Protection and Enforcement for Investments of the Economic Commission for Europe (EEC/UN). The Plan of rendering assistance by the Consultative Group to the Russian Authorities, responsible for protection and enforcement of intellectual property rights, was worked out on the basis of results achieved in the meeting.

Examination and registration of industrial property subject matter. As to this direction of activity, the main task was to perform all the works related to providing quality examination of increasing number of applications for industrial property rights.

Actual receipt of applications was characterized in 2001 by a continuing growth in amounts with respect to all industrial property rights. The statistical data is presented in Section 3 and Annex.

The monthly work quota and rate of output in relation to various types of activity of the Examination departments were revised. The other technological and organizational problems affecting the increase of labour productivity of Examiners were resolved as well, which will allow to examine the increasing number of applications by diminished personnel and in result of elimination of certain technological operations.

In 2001 the number of statements lodged for consideration was increased due to increasing amount of applications filed to industrial property rights. The dynamics of the total number of statements and number of incorrect actions in the examination procedure are shown in Tables of Section 17.The percentage of grounded statements versus the total number thereof was: 1999 (4,1%), 2000 (1,87%) and 2001 (1,84%).

In result of the aim-oriented works, a number of incorrect actions, which took place in the year under review and leaded to the lodging of grounded statements, has been diminished.

Official publications of Rospatent. The main goals of official publications were: smooth issue of official publications of Rospatent according to schedule; prompt publication of non-periodical editions, enlarging the list of CD-ROM official publications, increasing of the number of subscribers and copies of edition.

All the official publications of Rospatent were issued both on paper and CD-ROM.

The data on amount of publications in the Official Bulletins are presented in Section 11.

In the year under review, more than dozen of non-periodical publications were issued: booklets, reference and methodological materials, proceedings of various conferences organized by Rospatent, advertising materials for expositions of Rospatent.

The main qualitative change in technological procedure of preparation to publication of the Official Bulletins on inventions and utility models was using of electronic carriers of information at the earliest stage of processing of applications, which allows not to use the services rendered by other companies when forming machine-readable carrier for publication.

The characteristic feature of services in 2001 was keeping the term of supplying the users with current official information both on paper and CD-ROM.

The policy of flexible prices continued its development in 2001. The prices of the Official Publications on paper were fixed on the level of the year 2000 (notwithstanding inflation rate) and in certain cases were diminished. For example, the price of supplementary subscription for International Patent Classification on paper was reduced by about 40%.

The system of discounts to Databases on optical disks has been enlarged. For example, if the user subscribes for the updated (upgraded) databases, its previous subscription is taken into account: Nice Classification-8 on CD-ROM is available by 50% discount for the subscribers of Nice Classification-7 on CD-ROM; replacement of the set of CD-ROM by DVD-ROM is in 5-6 folds chipper as compared with the prices fixed for new customer.

In result of this efforts the number of customers, copies of the Official Bulletins and sets of CD-ROM official publications has increased.

Information support and computarization of examination of intellectual property rights. The works aimed at the computerization in 2001 were conducted in two directions:

  • under project of modernization of automatic systems of Rospatent;
  • under plan of Rospatent which stipulates the development of actual automatic systems for examination of application for industrial property rights, enlarging list of information products on electronic carriers, use of new information technologies in practice of examination and information support.

As to project of modernization of automatic systems of Rospatent, in 2001 the works on network infrastructure of Rospatent were finished and on its basis were established 9 sub-networks of Examination departments (30 workstation in each) with access to internal and external information resources, which allowed to resolve in part the problem of examination by providing the Examiners with possibility to look through the documents in electronic form, available in existing databases on CD-ROM and DVD-ROM, internal servers databases and external (on-line) databases including those available via the Internet.

The development of first application for trademark examination TM-EXAM-SEARCH was started (term of realization - III quarter of 2002).

As to development of actual automatic systems for examination of application for industrial property rights, works were under way to further development of existing systems for examination of inventions (АБД), (AS TM), industrial designs (AS ID), enlarging their functional possibilities, increasing the number of workstations in order to diminish a labour consumption of examination procedure.

As to enlarging list of information products on electronic carriers (CD-ROM, DVD-ROM, Internet databases) and use of new information technologies to practice of examination and information support for meeting the demands of all the categories of users, the data on all industrial property rights in electronic carries — current publications on CD-ROM, cumulative publications on DVD-ROM are available since 2002. All publications uses the same retrieval system and user’s interface, which significantly simplify the usage of the above products. All information is published and accumulated in the Internet databases (more 1 million of documents), more than 4 thousand of users access it every day. The technology of summary index of patent documentation, which allows to integrate local databases (CD-ROM, DVD-ROM) to the Internet databases of Rospatent and the European Patent Office, is developed and put into practice.

The scanning of invention specifications of the former USSR/Russia (from 1924 to 1993) was over. In a total, 1.5 million documents (6 million pages) were scanned. The technology of creation of databases containing documents in facsimile mode on two-layers DVD-ROM, allowing to drcrease a number of disks, was developed.

The Registration of license and patent assignment contracts is effected by Rospatent according to Article 10 and 13 of the Patent Law of the Russian Federation. This procedure is aimed at ensuring of the legal nature when concluding the said contracts; represents, in some way, the guarantee of legal stability of relations among the parties to a contract and favors the formation of market relations in the field of technological exchange.

In 2001, a total of 2 022 contracts were registered, including 1 131 patent assignment contracts and 891 license contracts. This indicator shows a 4,3 % decrease as compared to the year 2000, but nevetheless signigicantly exceeds that observed during all preceding years.

The decrease of amount of the contracts concluded, in some extend, is explained by amendments in fiscal legislation as well as increased number of order submitted to Rospatent by the Competent Authorities (courts, prosecutor’ bailiff office) regarding the prohibition of registration of any contracts related to the certain patents (for example, in a case of arrest of debtor property).

The information array is collected in Rospatent, which allows to carry out a multi-aspect analysis of the situation in Russia market of patented technology and can be used in evaluation of inventive activities in various fields of technology.

Moreover, it is used by Public Prosecutor’ Office , judicial, tax and the other State Authorities.

As to personnel policy and it organizational and normative support, the «Regulations on Clerical Work in Rospatent» was entered into force according to Resolution of the Russian Government (N 1547-p, October 31, 2000).

In 2001, within the framework of personnel training system, the staff of the Rospatent’s Central Body improved the professional skills at the Russian Academy of Civil Servants, National Economy Academy attached to the Russian Government, Russian Academy of Municipal and State Management attached to President of the Russian Federation and Russian Educational Institute of Intellectual Property (RGIIS). The attestation of federal civil servants took place. The level of professional knowledge and competence of federal civil servants was estimated and certain federal civil servants were promoted.

According to Resolution of the Russian Government, a Plan for Implementation of the State Program «Patriotic Upbringing of Citizens of the Russian Federation» in Rospatent system for 2002 was adopted.

Scientific activities of Rospatent. The organization of scientific activities in Rospatent is carried out through R&D works, scientific and technological councils (STC) of Rospatent and FIPS and STC sections, scientific and practical conferences, forums and seminars, training of specialists and improving their skills.

The general directions of R&D works which were carried out in 2001, according to the adopted plans, as well as the main results thereof are presented in Section 14.

The organization of conferences and seminars play an important role in informing the R&D results to public. The 5th Annual Scientific and Practical Conference «Urgent Issues of Theory and Practice of Protection of Industrial Property and Certain Copyrights in the Russian Federation» was held by Rospatent (October , 2001). Besides, the results of scientific activity were published in specialized magazines and reviews of Rospatent.

Training, improving skills, working with patent attorneys.

In 2001, a series of seminars and probations were organized by the Rospatent to patent practitioners and entrepreneurs of the Russian Federation, namely: «School of Inventions and Utility Models’ Examination», Seminars «Problems of Protection of the Rights of the Applicants, Patent and Trademark Owners» and «Enforcement of Intellectual Property Rights, Licensing Contractual Relations» as well as individual probations took place. About 300 persons attended such seminars and probations.

The local network with access to the Internet was established in the RGIIS in order to improve the training quality as well as new learning programs «Jurisprudence» and «Economy» were approved.

In 2001 the attestation and registration of patent attorneys was continued.

The works, aimed at the computerization of processes related to the accumulation of necessary data on patent attorneys’ activities, were continued as well.

The Regular (6th) Meeting «Urgent Issues of Interrelations Between Patent Attorneys and Patent Office of the Russian Federation» was held on November, within the framework of works with patent attorneys. More than 200 persons representing 24 regions of the Russian Federation attended this meeting.

Rospatent’s financing. In 2001, at the first time, under the Federal Law «On State Budget for 2001», the Russian Patent Office - Russian Agency for Patents and Trademarks (Rospatent)- was financed at the expense of funds provided from the Federal Budget according to the Budget Code of the Russian Federation. At the same time, according to the above mentioned Law, receipts provided from payment of patent fees as well as fees for the official registration of computer programs, databases and topographies of integrated circuits were remitted to the Federal Budget, taking into account the rules on covering the Rospatent expenditures by the Federal Budget.

The data on financial indicators of Rospatent activities, presented in Table 1.1, characterize remittance of the receipts (provided from payment of patent and registration fees as well as payments effected by International Bureau of WIPO under the Madrid Agreement Concerning the International Registration of Marks) to the Federal Budget in 2001. The receipts from payments effected by International Bureau of WIPO under the Madrid Agreement are remitted by Rospatent to the Federal Budget with the deduction of the Russia contribution to the WIPO which under the Budget Code of the Russian Federation, relate to expenditures exclusively financed from the Federal Budget.

The Rospatent expenditures, characterizing both dynamic of finances and types of expenditures, are given in Table 1.2. The structure of Rospatent expenditures in 2001 was determined by the tasks of complete implementation of functions of the State Patent Office and its development as well as rational use of the Rospatent’s financial resources under the Federal Budget, expressed in concrete figures.

The level of staff salary from was determined on the basis of the «Model Tariffs for Payment of Work in State-Owned Organizations», which is applied to the organizations subordinated to the Patent Office as well as policy of the Russian Federation aimed at increasing celery of such a personnel. A total staff number, which also effects the level of celery, is in line with the number of personnel needed for implementation of the Rospatent functions and determined by organization of labour aimed at effective usage of personnel potential and upgrading facilities.

The implementation of preparing works, carried out by Rospatent from 1999 to 2000, under the project of modernization of computerized systems, within the framework of investment credit of the Russian Government to Rospatent, resulted in decreasing of investments to improvement of the main information and technological processes and, at the same time, increasing of other capital costs of Rospatent in 2001 related to the necessity of keeping labour conditions on modern level, capital repairmen of the premises as well as construction of new building.

The level of miscellaneous costs depends on actual economic situation of the Russian Federation and amount of works carrying out by Rospatent.



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