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Annual reports 2004 - Section 2

 



Main Aspects of Rospatent International Activities

2.1 Activity as the International Searching Authority and the International Preliminary Examining Authority

Within the framework of an Agreement between Rospatent and the International Bureau of the World Intellectual Property Organization (IB WIPO) concluded for the period between October 1, 1997 and December 31, 2007, Rospatent carries out the International Search and International Preliminary Examination in Russian, English, Spanish, German or French. At present Rospatent is designated as the competent International Searching Authority and the International Preliminary Examining Authority by the Receiving Offices of 27 Contracting States.

In 2004 the International Search was carried out with respect to 616 international applications (including 125 applications filed with the International Bureau of WIPO as the Receiving Office and also with the Receiving Offices of Ukraine, Belarus, Latvia, Moldova, Kazakhstan , EAPO, Bulgaria, Hungary etc). Requests to carry out the International Preliminary Examination were received with respect to 180 applications.

Also in 2004 according to the Agreement with IB a total of 140 search and examination reports to orders received from the patent offices of developing countries were prepared and transmitted by Rospatent as the International Searching Authority and the International Preliminary Examining Authority.

Under Article 15(5) PCT, Rospatent carries out the international-type search with respect to national (regional) applications. In 2004, international-type search reports were prepared as regards 1146 applications filed with Rospatent and 368 applications filed with the Patent Offices of CIS countries (Kazakhstan, Tajikistan, and Kyrgyzstan). International-type search or Russian-language collection search reports were transmitted to EAPO with respect to 582 Eurasian applications; examination reports or draft decisions were transmitted with respect to 2 applications.

In accordance with an Agreement between Rospatent and the Turkish Patent Institute (TPI) in 2004 a total of 941 international-type search and examination reports were prepared and transmitted to TPI.

Table 2.1 shows a number of items for the last five years.


Table 2.1

Items

Years

2000

2001

2002

2003

2004

Number of PCT Applications for International Search

582

553

598

555

616

Number of International Preliminary Examination Demands

387

411

371

227

180

Number of Established International­Type Search Reports

to Orders from Russian Applicants

3292

3145

1346

982

1146

to Orders from CIS Countries

407

324

563

539

368

to EAPO Orders

668

935

442

568

582

to TPI Orders

628

550

1172

1222

941


Number of PCT Applications for International Search
Number of International Preliminary Examination Demands

2.2 Activity as the Receiving Office

The Federal Service for Intellectual Property, Patents and Trademarks and European Patent Office are the competent International Searching Authorities with respect to applications filed with Rospatent as the Receiving Office. In doing so, the European Patent Office was only selected as the International Searching Authority for 48 international applications filed; in the overwhelming majority of cases applicants preferred to select Rospatent as the International Searching Authority.

Beginning on January 1, 1999, Rospatent as a Receiving Office receives International applications filed using the PCT-SAFE software. Thus, in 2004 Rospatent received 69 such applications, i.e. around 13 per cent of the total number of applications filed (see table 2.2).


Table 2.2

Items

1998

1999

2000

2001

2002

2003

2004

Number of International Applications Filed

450

514

549

581

572

596

544

Number of International Applications Filed Using PCT­SAFE

21

35

54

55

96

69


Moreover, under Article 15(1)(ii) of the Eurasian Patent Convention, Rospatent is the Receiving Office for the Russian applicants who file the Eurasian applications. In 2004, a total of 60 Eurasian applications were filed.

2.3 Cooperation with the World Intellectual Property Organization (WIPO)

During the year Rospatent pursued active participation in the activities of basic Committees and Working Groups of WIPO.

Rospatent prepared and submitted its comments and proposals regarding basic international agreements and documents being at present under consideration within the framework of WIPO: amendments to Trademark Law Treaty (TLT), Substantive Patent Law Treaty (SPLT), text for a Treaty on the Protection of Broadcasting Organizations.

Within the framework of 6 th and 7 th sessions of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), Rospatent prepared its comments and proposals on the issues relating to the interrelation of access to genetic resources and disclosure requirements in intellectual property rights applications.

Rospatent prepared the Russian version of PCT International Search and Preliminary Examination Guidelines as in force from March, 25, 2004. In compliance with the work of the Meeting of International Authorities under the PCT aimed at improving international search and examination quality Rospatent submitted an initial report on implementation of quality management system in Russian Patent Office.

The regional seminar WIPO-CISAC on copyright and broadcasting was held jointly with WIPO (25-25 May 2004) in accordance with the plan of actions on realization of Program of Cooperation between Rospatent and WIPO with respect to raising the level of specialists skill in the field of intellectual property.

A book “Intellectual Property - a Power Tool for Economic Growth” by Kamil Idris, Director General of WIPO, was translated into Russian and is under preparation for publication now.



Within the framework of concluded agreement cooperation with the WIPO Worldwide Academy was in progress:

The translation of actual version of the WIPO Worldwide Academy's Distance Learning Course “Introduction to Intellectual Property” and of updated instruction materials for teachers were prepared. The executed work allowed to put the renewed Russian language course on the WIPO Worldwide Academy's web-site by autumn session 2004, i.e. in compliance with the appearance of renewed versions in other WIPO working languages.

2.4 Cooperation with the CIS Countries

The cooperation between Rospatent and the CIS-countries was carried out both in the framework of bilateral relations and in the framework of activities of the Intergovernmental Council on the Industrial Property Protection (IGC) and Eurasian Patent Organization (EAPO).

Within the framework of IGC activities specialists of Rospatent administrating two Working Groups under the IGC - the Working Group on the Harmonization of National Laws and the Working Group on economic issues — took part in the preparation of the Analysis of international treaties provisions implementation in national legislations of the IGC Member States and of the Methodological Guide on intellectual property rights evaluation.

Work was successfully continued on the implementation of the Agreement on the production of a joint regional patent information product of the CIS countries on CD-ROM. In 2004 the Kyrgyz Republic adhered to the Agreement so from now on the regional CISPATENT disk will contain patent documents of ten CIS-countries.

The representatives of Rospatent in the delegation of the Russian Federation took part in the sixteenth (11 th Ordinary) Session of the Administrative Council of the Eurasian Patent Organization (AC EAPO) and in the session of the AC EAPO Budget Group. At the meetings the number of actual issues of EAPO activities were considered.

EAPO was provided with full backlog collection of Russian patent documents from 1924 up to 1994 on DVD for loading to the Internet database EAPATIS. Thus Rospatent made a contribution to providing access of national patent offices party to the EAPO to the full backlog collection of Russian patent documents as part of the EAPO searching database.



Specialists of the patent offices of Armenia, Georgia, Uzbekistan and Kyrgyz Republic were provided with free access to Internet databases of Rospatent which allows them to work with the full-text databases of the Russian inventions and other industrial property titles.

For the specialists of the patent offices of Kazakhstan, Ukraine and Belarus training sessions under individual programs were organized and held.

2.5 Other Forms of International Activity

2004 it was carried out the main part of work under the TACIS project “Assistance to Rospatent in the harmonization of Intellectual Property legislation and in training of personnel”, funded by European Union. The German Foundation for International Legal Cooperation is the contractor of this project.

Within the framework of the project in 2004 three conferences and five seminars on actual problems of intellectual property rights protection and enforcement were held and attended both by specialists of Rospatent and interested executive authorities, arbitration courts judges, patent attorneys. Specialists of Rospatent were trained in German Patent Office, the UK Patent Office, Office for Harmonization in the Internal Market (OHIM), German Patent Court. The substantial part of the work on the preparation of analytical review of European judicial practice on cases involving intellectual property rights was carried out and the proposals on long-term training program for specialists of Rospatent were worked out.

In accordance with the signed Agreed Minutes on Technical Cooperation between Rospatent and the EPO for 2003-2004 organizational and technical preparations were made for a complete inclusion of patent documents of the Russian Federation in the EPO information system ESP@CENET, providing access to patent information for the general user all over the world; Russian patent examiners gained access to the EPO searching system EPOQUE on the new platform which provides greater capabilities regarding searches. Eleven employees of Rospatent took part in the EPO training courses, 57 employees were trained at the English language-training courses at the EPO expanse.

Rospatent continued to fulfill its obligations regarding the submission of Russian patent documents to the EPO. Thus, in addition to patent documents on electronic carriers Rospatent sent to EPO the information about international applications under PCT which entered national phase in Russia for inclusion in the EPIDOS PRS database. The EPO was also provided with the backlog collection of Russian patent documents from 1924 up to 1994 on DVD.

In February 2004 the Government of the Russian Federation and the Executive Authority of Georgia signed an Agreement on Cooperation in the Field of Intellectual Property Protection.


Visit of Mr. Alain Pompidou, President of the EPO, to Rospatent

One of the important aspects of further development of Russian-American cooperation was the resumption of the work of the bilateral Russian-American Working Group on Intellectual Property, established according to the bilateral Agreement on Trade Relations, 1990.

In cooperation with Permanent Representative of the US Department of Justice in the Embassy of the USA in the Russian Federation four conferences on intellectual property rights protection were held for the representatives of law enforcement authorities in Urals, Southern, Far Eastern and Central Federal districts.

In 2004 Rospatent in conjunction with other Federal executive authorities continued to take part in activities aimed at preparation of intergovernmental agreements on scientific-and-technological and economic cooperation with foreign countries. Rospatent prepared comments and proposals on eight draft intergovernmental agreements in regard to Intellectual Property domain.


On April 26, 2004 Rospatent celebrated
World Intellectual Property Day

On request of the Patent Office of Romania in October 2004 Rospatent provided consultations to the Romanian specialists on the use MIMOSA software for issuing patent data on optical disks.

Within the framework of cooperation with foreign patent offices in the field of information technologies and upon their requests patent offices of Hungary, Germany and Czech Republic were provided with free access to Rospatent's full-text Internet databases of the Russian patent documents.



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