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Annual reports 2001 - Section 2

 



Improving Statutory Foundation of Intellectual Property Legal Protection

2.1. Legislative Basis

On December 21, 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”», prepared by Rospatent, agreed with the interested Ministries, Agencies and approved by the Government of the Russian Federation, were adopted at first reading by the State Duma of the Federal Assembly of the Russian Federation (Russian Parliament).
 


 

N.V.Bogdanov, Deputy Director General
 

The said Draft Laws take account of those changes in the Russian legislation introduced from the entry into force of the aforementioned Laws and also stipulated by the necessity to comply with the requirements of international agreements, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Patent Law Treaty (PLT) adopted on June 1, 2000 by the WIPO Diplomatic Conference. The certain provisions of the Bills posses a direct social orientation and, therefore, they reflect the interests of rightholders in maximum degree.

2.2 Resolutions of the Russian Federation Government

The Rospatent in cooperation with the interested Ministries and Agencies carried out the draft normative Acts governing development, legal protection and commercialization of intellectual property rights.

The proposals to draft Resolution of the Russian Government concerning main directions of commercialization of the results of scientific and technological activities developed under State budget were carried out. This Act was approved as the Resolution of the Russian Government (№ 1607-p, November 30, 2001. The above Act contains the Main Directions for Implementation of the State Policy on commercialization of the results of scientific and technological activities and obliges the Federal Bodies of Executive Power to follow the provisions of the Main Directions in commercializing the results of scientific and technological activities.

The proposal on encouragement the activity related to development, commercialization of the results of scientific and technological activities as well as intellectual property rights were worked out. The proposal on the necessity of amendments to normative Acts, governing book-keeping and accounting the results of scientific and technological activities as well as intellectual property rights, developed with the financial support of the State budget were drafted. The said proposals shall be submitted to the Ministry of Finance of the Russian Federation.

The Draft Resolution of the Government of the Russian Federation on keeping the inventory and evaluation of intellectual property rights was drawn up within the framework of the Inter-Offices Working Group under the RU Ministry of State Property.

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.

2.3 Departmental Acts

According to Article 13 of the Resolution of the Russian Federation Government «On Measures for Implementation of the Federal Law «On Federal Budget for 2001» (№ 255, March 30, 2001) the Rospatent and the Ministry of Finance of the Russian Federation signed the joint Order «On Approval of Regulations on Payment and Accounting the Patent Fees and Registration Fees for Official Registration of Computer Programs, Databases and Topographies of Integrated Circuits with the Exception of Invoices of the International Bureau of the World Intellectual Property Organization (№ 110/77н, September 19, 2001), which was registered by the Ministry of Justice of the Russian Federation.

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) (N 805/103) was promulgated on August 16, 2001.

This Order is aimed at providing mutual assistance in drafting, amendment and improvement of the Russian legislation in the field of intellectual property and customs activity as well as in customs control of the goods including industrial property rights and goods intended for carrying out the activities, tasks and functions of the Rospatent and the SCC of the Russian Federation.

In 2001 Rospatent continued to work out the Implementing Regulations on drafting, filing and examination of the applications for industrial property rights, which takes into account the amendments in the Draft Laws submitted to the State Duma of the Federal Assembly of the Russian Federation. There is a set of provisions included in the above acts providing for a more liberal approach of the Patent Office in resolving problems arising in examination of the applications in the interests of applicants.

The drafts of new normative and legislative acts were worked out, including the Rules on prolonging the validity term of patent for invention, which may be used only under authorization of empowered State Authority and Rules on pre-term invalidation of trademark registration and certificate to the right to use appellation of origin, which take into account the amendments in Draft Law related to ceasing an entrepreneur activity of natural person possessing a title of protection.

The Rules of renewal of patent validity provided for by the Draft Federal Laws «On Introduction of Changes and Amendments to the Patent Law of the Russian Federation» as well as the Rules on registration of contracts on industrial property rights, computer programs, data bases and topographies of integrated circuits, contracts on security of economic rights to industrial property subject matters, arrangements of commercial concession (franchise) to use the industrial property rights were worked out.

In 2001 Rospatent took part in working out the Draft Regulations on deposit of microorganisms for the purposes of national patent procedure. At present, this act is under consideration by the Ministry of Industry, Science and Technology of the Russian Federation.

In the year under review, Rospatent continued its activity in the field of improvement of legislative and normative basis. 32 directives of the Government of the Russian Federation including 12 directives related to Draft Federal Laws of the Russian Federation were executed by Rospatent. Besides, Rospatent made the comments in relation to 13 Bills including 8 Draft Federal Laws of the Russian Federation submitted by Russian Ministries and Offices for consideration.



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