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Annual reports 2005 - Section 1

 




Dear Sirs!

I would like to welcome everybody who opens this 2005 Annual report of the Federal Service for Intellectual Property, Patents and Trademarks. The past year was commemorated by an important event for our office — the 50th anniversary of the Committee for Inventions and Openings – Rospatent.

Summarizing the results of the year 2005, I would like to stress the fact that the activity of Rospatent in each of the main directions falling within the scope of it’s competence was inseparably connected with the orientation towards the promotion of strong, global Russian economy, based on knowledge, encouragement of investment into the realization of innovations and stimulation of business.

A strategy of the Federal Service for Intellectual Property, Patents and Trademarks system development up to the year 2010 was elaborated by us in 2005. It determines not only the main goals, directions and objectives of the development, but also the main means for their achievement. The realization of the main strategic objectives of the Rospatent’s system development will, in our opinion, help build a leading organization in the field of intellectual property on the international scale, with qualified staff potential and an effective system of intellectual property legal protection. Activity of such an organization, in turn, could contribute to an increase in competitive ability of the Russian economy based on leading technologies and doubling the GDP by the year 2010.

The concrete results of the work undertaken during the year are detailed on the pages of this Report.
I just want to take note that in 2005 the Federal Service for Intellectual Property, Patents and Trademarks continued the work on the improvement of the existing intellectual property legislation. During the reported period we have elaborated and sent to the Ministry of Education and Science of the Russian Federation proposals on the amendment of the provisions of the Patent Law of the Russian Federation, Federal Law “On the Legal Protection of Computer Programs and Databases”, Federal Law “On Copyright and Related Rights ”, Federal Law “On Trademarks, Service Marks and Appellations of Origin of Goods”, and the proposals on the amendment of Rospatent’s normative acts aimed at the regulation of specific aspects of legal protection of trademarks and transfer of rights.

The work on the modernization of the automated systems of our office has also been continued. In 2005 a unique automated system of search based on the images of trademarks (the only one in the world) was put into operation; an Authorization center for the certification and generation of electronic keys, supporting the work with electronic documents signed with an electronic signature, in the field of legal protection of industrial property objects was also put into operation; the system of paperless electronic interaction between Rospatent and WIPO on the applications and registrations under the Madrid system of international trademark registration was created. During the past year Rospatent’s website started providing access to open electronic registers of industrial property objects: inventions, utility models, industrial designs, trademarks, appellations of origin of goods and well-known trademarks.

As from January 2005 our office has began providing open access to the register of trademark applications, which allows for an indication of their current status.

Last year was marked with the continuation of work on the execution of the new Rospatent’s functions of control and supervision in the field of legal protection and exploitation of intellectual property objects, patents, trademarks and results of intellectual activities, involved into economic and commercial circulation.

The work of Rospatent in the year 2005, in general, was rather productive. Undoubtedly, it contributed to the gaining of authority of our office in the country and in the world. I would like to express my sincere gratitude to all the conscientious participants of this process.

Best wishes,

Director General Federal Service for Intellectual Property, Patents and Trademarks
Boris Simonov

 

Legal Protection of Intellectual Property Rights

1.1. Legal Protection of Inventions and Utility Models

In compliance with the Patent Law of the Russian Federation the examination of the applications for inventions was carried out, as in previous years, in two stages: formal examination — in the division of formal examination, and examination as to substance — in eleven branch divisions, which form three departments (chemistry, physics and mechanics).

The year showed an increase in the amount of applications for inventions and utility models, however the average term of their examination was kept 12 month, and in several directions — 9 months.

The most considerable increase was seen in respect of applications for utility models. Though the amount exceeded the planned figures, it was managed not to exceed considerably the average consideration term in respect of these industrial property objects as well.

In 2005 the main work aimed at the improvement of the processes of the examination of applications for inventions and utility models was carried out in three main directions:

• development of methodological examination support;

• improvement of technological examination support;

• quality control system improvement.

Development in these three directions comprises the main potential of quality improvement and reduction of examination terms in general.

The analysis of enforcement practice helped outline a number of methodological aspects, which are not fully covered by existing legislation. The outlined loopholes became the objects of numerous studies aimed at the development of the examination methodology.


Examination as to the Substance Requires Discussion


The studies resulted in the development of proposals on amendment of legislation of different levels including the Patent Law of the Russian Federation and the Regulations on the composition, filing and consideration of applications for inventions. Work concerning the improvement of the systematic supplying of the examination of the applications for inventions, particularly in respect of medical inventions has been carried out. It resulted in the development of respective recommendations.

The difficult situation in the field of utility models' protection was the reason for special attention to the development of Provisional methodological recommendations on the issues of the consideration of the applied decisions as utility models.

The analysis of the enforcement practice concerning the mentioned intellectual property objects resulted in the development of a program for the methodological supply of the examination.

Studies on the ways of solution of the problems arising in respect of changes to the applications have been carried out in 2005. Besides, methodological recommendations for the consideration of applications for inventions and utility models, which do not meet the patentability criteria in the sense of the articles 4 and 5 of the Patent Law of the Russian Federation, were being developed.

The results of these studies were discussed on October 12 and 13, 2005 at the International Scientific and Practical Conference on the Outstanding Issues of the Theory and Practice of Intellectual Property Protection, devoted to the 50th anniversary of the creation of the Committee for Inventions and Discoveries under the Council of Ministers of the USSR, a legal successor to which is Rospatent.

The results of the year shown by the examination divisions of Rospatent proved the appropriateness of the reorganization, which allocated the divisions into three departments. The closeness of the subject­matter of the applications for inventions in each division of a department allowed for an improvement as to the process of distribution of the applications between divisions; an outline of the common problems in methodology and processing; a simplification in their solution; a unification of the methodological approaches to consideration of bordering applications and a deeper system of quality control, based on examination and analysis of the processing and the decisions rendered on the applications with objects requiring identical methodological approaches. At the same time it became possible to bring closer the functions of control and analysis of the examination quality with the functions of training and development of methodological supply of the examination within each department, as well as in the whole Institute.

In connection with the transition in 2006 to the new standard of the International Patent Classification (the 8th edition of the IPC), a set of works on the development of software for the use of the new edition in the technological processes of the Federal State Establishment “Federal Institute of Industrial Property” (FGU FIPS) has been carried out. Besides, a reclassification of the respective patent documentation, training of the examiners and other preparatory work have been carried out and allowed for a transition to the 8th IPC edition as from January 1, 2006.


Computer Search is Now the Main Tool of an Examiner


During the year a number of works on the improvement of the technological support of the examination of applications for inventions and utility models has been carried out. Among the directions of the development of the examination technologies there are:

• improvement of the procedure of consideration of petitions for transforming the applications;

• improvement in the forms of the outgoing correspondence;

• improvement of the flow of the documentation in respect of the processing of the applications.

Furthermore, different activities have been carried out allowing for a redistribution of functions not falling directly within the examination process, and also for an increase in the efficiency of planning the examination works with an aim to decrease the average duration of patent examination and increase the rhythmical pace of the sending off of the decisions on the applications.

 

In 2005 the technological schemes and procedures of filing and consideration of applications for patents on secret inventions have been elaborated and the work on such applications has been adjusted.

During the year 2005 activities on the further transition of the examination divisions towards work with electronic files on applications have been continued. These activities were based on the works on the creation of electronic working places for the examiners on the base of the existing automation elements, allowing working with the electronic archive of the applications, including the preparation of the outgoing correspondence and transfer of the data for the publication. Final introduction of automated working places will allow reaching a principally new level of technological equipping of the examination processes and significantly increasing its efficiency.

The main indicators of filing of applications and issuing protection titles for inventions and utility models are represented in statistical tables 1.1.1–1.1.9 and Annex 3.


Table 1.1.1

INVENTIONS: Filings for the Russian Federation Patents


Indices

2001

2002

2003

2004

2005

2005 vs. 2004, (%)

Filed with Rospatent, Total
including:

29989

29225

30651

30192

32254

106,83

by Russian Applicants

24777

23712

24969

22985

23644

102,87

by Foreign Applicants

5212

5513

5682

7207

8610

119,47


Table 1.1.2

INVENTIONS: Distribution of 2005 Filings According to IPC Sections


IPC Section

Applications for Invention

Total

Russian

Foreign

A

5773

1254

7027

B

3585

1094

4679

C

2825

1646

4471

D

175

178

353

E

1728

286

2014

F

2764

528

3292

G

2991

983

3974

H

1480

798

2278

Not Specified

2323

1843

4166

Total

23644

8610

32254


Table 1.1.3

INVENTIONS: The Russian Federation Patents Issued


Indices

2001

2002

2003

2004

2005

2005 vs. 2004, (%)

Patents Issued, Total
Including:

16292

18114

24726

23191

23390

100,86

By Russian Applicants

13779

15140

20621

19123

19447

101,69

By Foreign Applicants

2513

2974

4105

4068

3943

96,93


Table 1.1.4

INVENTIONS: Dynamics of Granting the Russian Federation Patents According To IPC Sections


IPC Section

2001

2002

2003

2004

2005

Total

Russian Applicants

Foreign Applicants

A

3764

4419

7369

6190

6703

5952

751

B

2923

2939

3902

3729

3669

2914

755

C

2929

3265

4221

4051

3645

2666

979

D

200

184

247

216

216

128

88

E

1298

1442

1596

1656

1659

1493

166

F

2172

2274

2934

2785

2634

2275

359

G

1903

2279

2648

2825

3068

2655

413

H

1103

1312

1809

1739

1796

1364

432

Total

16292

18114

24726

23191

23390

19447

3943



Table 1.1.5


INVENTIONS: Number of Valid Russian Federation Patents as of December 31, 2005


Valid as of December 31, 2004

108721

Patents for Inventions Issued in 2005

23390

Ceased to be Valid in 2005

9022

Valid as of December 31, 2005

123089


Table 1.1.6

UTILITY MODELS: Dynamics of Filings


Indices

2001

2002

2003

2004

2005

2005 vs. 2004, (%)

Filed with Rospatent,
including:

6029

6696

7622

8948

9473

105,87

By Russian Applicants

5863

6511

7400

8648

9082

105,02

By Foreign Applicants

166

185

222

300

391

130,33


Table 1.1.7

UTILITY MODELS: Dynamics of Issueing Patents of the Russian Federation in the Following Years


Indices

2001

2002

2003

2004

2005

2005 vs. 2004, (%)

Patents Issued Total
including:

4842

5611

8311

8503

7242

85,2

By Russian Applicants

4743

5448

8053

8230

6958

84,5

By Foreign Applicants

99

163

258

273

284

104,0



Table 1.1.8


UTILITY MODELS: Dynamics of Granting the Russian Federation Certificates (Patents)
According To IPC Sections


IPC Section

2001

2002

2003

2004

2005

A

967

1115

1531

1585

1344

B

1206

1396

2078

2051

1741

C

149

191

295

276

289

D

87

58

90

71

73

E

532

650

1107

1182

1022

F

759

878

1295

1331

1111

G

673

818

1087

1169

949

H

469

505

828

838

713

Total

4842

5611

8311

8503

7242


Table 1.1.9

UTILITY MODELS: Number of Valid Certificates of the Russian Federation as of December 31, 2005


Valid as of December 31, 2004

29191

Certificates for Utility Models Issued in 2005

7242

Ceased to be Valid in 2005

8069

Valid as of December 31, 2005

28364

1.2. Legal Protection of Industrial Designs

In 2005 the number of applications for industrial designs increased by 13.44% compared to the previous year. To a big extent this increase is due to an increased activity of the foreign applicants. The number of the foreign applications increased by 23%.

With the aim to ensure similar approaches in the decision of the issues related to the unity of the industrial designs the formal examination of the applications as well as the examination of the patentability of the industrial design is carried out in the industrial designs division. By the end of the year 2005 the average duration of examination from the moment of filing of the application to the examination decision has been reduced to 10 months.

All the examination decisions are prepared and transferred for publication electronically.

2005 was the last year of publication of the official Rospatent's bulletin “Industrial Designs” on paper. Starting from January 2006 only the electronic version of the bulletin will be published.

The tendency that the great amount of applications for industrial designs contains word designations is being sustained. They are mainly labels and packages. The practice of examination of the patentability of such designs is adjusted, taking into consideration the experience of the foreign countries studied within the Scientific and Research work “Unprotected Industrial Designs in the Legislation of Foreign Countries” carried out in 2004. In 2005 a Scientific and Research work “Study of the Issues Concerning the Amendment of the Patent Law of the Russian Federation in respect of the Industrial Designs” has also been carried out. The work is planned to be finished by the end of the first half of 2006. The results of the research will be used in 2006 in the preparation of the proposals on the amendment of the Patent Law of the Russian Federation, aimed at more adequate legal protection of industrial designs, meeting the interests of the designers of the appearance of the products. Such amendments will allow for conformity of the level of legal protection of industrial designs in the Russian Federation with the level of the legal protection granted to industrial designs in the European Union.

Dynamics of filing of applications and issuing of Patents of the Russian Federation for industrial designs are summarized in Tables 1.2.1–1.2.3, other indicators may be found in Annex 3.


Table 1.2.1

INDUSTRIAL DESIGNS: Dynamics of Filings


Indices

2001

2002

2003

2004

2005

2005 vs. 2004, (%)

Filed with Rospatent
including:

2544

2344

3104

3453

3917

113,44

By Russian Applicants

2106

1799

2298

2321

2516

108,40

By Foreign Applicants

438

545

806

1132

1401

123,76


Table 1.2.2

INDUSTRIAL DESIGNS: Dynamics of Issueing Patents of the Russian Federation in the Following Years


Indices

2001

2002

2003

2004

2005

2005 vs. 2004, (%)

Filed with Rospatent
including:

1507

1920

2153

2229

2469

110,76

By Russian Applicants

1254

1567

1643

1637

1630

99,57

By Foreign Applicants

253

353

510

592

839

141,72


Table 1.2.3

INDUSTRIAL DESIGNS: Figures on Valid Patents of the Russian Federation as of 31.12.2005


Valid as of December 31, 2004

11542

Patents Issued in 2005

2469

Ceased to be Valid in 2005

1365

Valid as of December 31, 2005

12646


1.3. Legal Protection of Trademarks and Service Marks


In the year 2005 the examination of applications for trademarks and service marks was carried out in compliance with the Law of the Russian Federation “On Trademarks, Service Marks and Appellations of Origin” (hereinafter — the Law).

The year 2005 showed an increase in the number of applications in comparison with the year 2004 by more than 15%, while the duration of their consideration remained 12 months.

The work aimed at the improvement of quality and the perfection of the processes of examination and registration of trademarks was being continued in the reported period.

To this end, a number of normative documents aimed at development of uniform approaches to the application of the norms of the Law by the examiners has been elaborated in 2005. In particular:

• on the application of criteria of presence of an acquired distinctiveness of the sign;

• clarifying approaches to the examination of sign which are (or contain elements of) objects of copyright or personal non­property rights;

• on the attribution of sign to the category of false or misleading the consumer in respect of the product or the producer.

The work on the preparation of proposals for the improvement of the Law and the Rules for compiling, filing and examining applications for the registration of trademarks and service marks was continued in 2005. The intermediate results of this work were discussed at the International Scientific and Practical Conference on the Urgent Issues of the Theory and Practice of Intellectual Property Protection (October 2005).

The decrease of labor­consuming character of the examination processes was pursued by means of improvement of applications processing technology and realization Rules on introduction of changes into the application documents.

The achievement of the mentioned goal is helped by a number of activities carried out within the program of the modernization of the automated systems of Rospatent:

• finalization and approbation of a new automated search system for the examination of trademarks;

• completion of a set of works within an international project, allowing for an electronic exchange of notifications within the Madrid Agreement on the International Registration of Marks and the Madrid Protocol based on development of a paperless technology of data exchange with the WIPO on international trademark applications.

Furthermore, the creation of an open register of national trademark applications filed with Rospatent from January 1, 2005 is aimed at the increase in the quality of the examination. It allows not only to inform the public of such applications, but also to receive prompt information from the interested persons on the possibility of collisions between an applied sign and previously registered trademarks.

Dynamics of filing applications for the registration of trademarks and service marks are summarized in Tables 1.3.1 and 1.3.2. Other statistics may be found in Annex 3.


Table 1.3.1

TRADEMARKS AND SERVICE MARKS: Dynamics of Filings


Indices

2001

2002

2003

2004

2005

2005 vs. 2004, (%)

Total Number of Applications for Trademark Registration filed in the Russian Federation,
including:

53124

43258

34954

40877

47087

115,19

By Russian Applicants

39801

29279

20644

23779

26460

111,27

By Foreign Applicants
Including:

13323

13979

14310

17098

20627

120,64

Under the Madrid Agreement

8815

8088

8884

10210

12701

124,4


Table 1.3.2

TRADEMARKS AND SERVICE MARKS: Dynamics of Registration


Indices

2001

2002

2003

2004

2005

Trademarks and service marks registered

including:

16920

34818

33511

27540

29447

For Russian Applicants

7657

21776

22043

15257

14389

For Foreign Applicants

9263

13042

11468

12283

15058

including under the Madrid Agreement

7558

8598

6199

7765

10185

Renewals of registrations

1662

4269

3513

3630

3475

including:

For Russian Applicants

667

1946

1543

1552

1545

For Foreign Applicants

995

2323

1970

2078

1930

Registration Valid By the End of the Year

119283*

145470*

157965*

170570*

186352*


*Without regard for International applications filed under the Madrid Agreement

1.4. Legal Protection of Appellations of Origin of Goods

Examination of applications for registration and (or) granting of rights for the use of appellation of origin is executed in compliance with the Law of the Russian Federation “On Trademarks, Service Marks and Appellations of Origin” (hereinafter — the Law).

In 2005 a great amount of Rospatent's work related to applications examination was devoted to the issues of settlement of the interaction with such executive bodies as the Ministry of Agriculture of the Russian Federation, the Ministry of Health and Social Development of the Russian Federation and the Ministry of Industry and Energy of the Russian Federation. The abovementioned ministries are named in the Decree of the Government of the Russian Federation of September 17, 2004 ? 481 as the authorities competent to give resumes which are attached to the application stating that the applicant produces within a geographical place the goods, special properties of which are defined by natural conditions and/or human factors specific for that area.

The year 2005 shows a two times decrease in the number of applications for the registration and (or) granting of right to use an appellation of origin, while the number of registered appellations of origin has increased almost four times. It can be explained by the fact that the version of the Law of December 11, 2002 states that applications can only be filed with the abovementioned resume of a competent authority, denominated by the Government of the Russian Federation. The competent authorities were only denominated in September 2004.


Young Specialists Take Active Part in the Examination Process


The work on the public awareness of the role and importance of appellations of origin, the need for their legal protection and enforcement was continued in 2005.

To this end a consultation with the representatives of the Ministry of Agriculture, Ministry of Industry and Energy, the administration of the Vologda Region, National foundation for protection of consumers was organized in Rospatent in February 2005.

The continuation of this work is meant to be aimed at drawing attention of regional authorities, with a view to preserve traditional productions, the need to use additional stimulation for their development, particularly by attracting respective investment, which can be obtained from the accompaniment of the goods produced in the region by the use of appellations of origin.


Table 1.4


APPELLATIONS OF ORIGIN: Dynamics of Filings and Registrations in the Russian Federation


Indices

2001

2002

2003

2004

2005

Total Number of Applications for Registration and Granting of the Right to Use

including:

51

32

62

58

28

From Russian Applicants

50

31

60

58

27

From Foreign Applicants

1

1

2

1

Appellations of Origin Registered

including:

1

10

15

6

23

From Russian Applicants

1

10

15

6

23

From Foreign Applicants

1.5. Registration of Contracts for the Use of Inventions, Utility Models, Industrial Designs

The data on the number of registered contracts on the transfer of rights in the protected industrial property objects and the grant of rights for their use is shown in the Table 1.5.1.


Table 1.5.1

Dinamics of Registration of License Contracts and Patent Assignment Contracts


Indices

2001

2002

2003

2004

2005

Patent Assignment Contracts

1131

1194

1484

1892

1281*

Exclusive License Contracts

201

184

208

162

167

Non­exclusive License Contracts

690

625

581

495

674

Total Number of Contracts Registered

2022

2003

2273

2549

2122

Registered Requests to Grant a Free License

120

121

169

75

101

Published Requests to Grant a Free License

79

111

158

64

65


*The number of patents under patent assignment contract is 1825.

The total number of the contracts registered in 2005 decreased in comparison with 2004 by 17.8% and amounted to 2122 contracts, which can be explained by a decrease in the number of the assignment contracts.

The decrease in the number of the assignment contracts is caused by the change in the registration technology — in 2005 each contract concerning assignment of several protection titles was given only one registration number, while the former technology provided for a separate number for each protection title. Taking into consideration the fact that the number of the assignment contracts in the reported year amounted to 1281, and the number of the patents transferred in these contracts amounted to 1825, the decrease in the number of the assignment contracts in the terms of the account system of the previous years can be considered insignificant.

The share of the contracts of the assignment of patents in the overall amount of registered contracts was 60.3%.

The overall amount of registered contracts increased in comparison with the previous year and amounted to 841 contracts.

At the same time, the number of non­exclusive license contracts increased compared to the previous year by 26.5% and amounted to 674 contracts, and the share of the non­exclusive license contracts in the overall number was 31.7%. The number of exclusive license contracts also increased (by 3%) and amounted to 167 contracts. The share of such contracts in the overall number of registered contracts was 7.8%

The overall number of the industrial property objects, the use of which was authorized by license contracts during the year, increased in comparison with the previous year by 11.2% and amounted to 2891 patent, including 2120 patents for inventions, 249 patents for industrial designs, 522 patents for utility models.

2005 showed a significant increase in the demand for inventions in mechanical engineering, chemistry and petroleum chemistry. An insignificant decrease was seen only in metallurgy, the other fields showed stable demand (table 1.5.2).


Table 1.5.2

Distribution of Registered Contracts by Fields of Technology


Fields of Technology

Contracts

2001

2002

2003

2004

2005

Light and Food­Processing Industries

268

266

362

459

105

Mechanical Engineering, Machine­Tool Industries, Tool Production

312

323

438

410

417

Medicine

288

289

373

276

249

Power Engineering, Electrical Engineering

117

141

128

265

223

Chemistry, Petroleum Chemistry

270

181

297

251

268

Electronics, Computer Sciences, Instrument Making

104

147

153

226

165

Metallurgy

62

87

82

158

69

Oil and Das Production

131

91

124

139

136

Construction Engineering, and Construction Materials

116

81

125

104

108

Others

354

397

191

261

382

Total

2022

2003

2273

2549

2122


A trend towards the decrease of the share of contracts in which governmental organizations, particularly enterprises, scientific and research institutes, design offices, higher educational institutions are the transferring parties was sustained. At the same time the amount of the contracts where they act as the receiving party increased by 0.7% in comparison with the previous year.

In the contracts registered during the year; natural persons acted as transferring party in respect of 954 industrial property objects, as a receiving party in respect of 277 objects; legal entities acted as a transferring party in respect of 1937 objects, as a receiving party in respect of 2614 objects.

Thus, the share of the contracts with natural persons acting as a transferring party decreased by 5.6% compared to the previous year, and as a receiving party — decreased by 6.7% (the data shown in the table 1.5.3).


Table 1.5.3

Activity of Parties to Registered Contracts


Categories of Economic Entities

Share of the total number of contracts, per cent

Transferor

Transferee

2001

2002

2003

2004

2005

2001

2002

2003

2004

2005

Natural Persons

38

34,5

29,3

38,6

33,0

13

12,5

10,0

16,3

9,6

State Enterprises, R&D Institutions, Universities, Design Offices

8

8,8

8,2

8,4

8,3

7

7

4, 8

3,3

4,0

Non­governmental Organizations, Including:

54

56,7

62,5

48,9

55,3

80

80,5

85,2

77,2

84

Joint­ventures

0,2

0,2

Foreign Companies

8,7

9,9

11,6

10,1

11,8

11,7

11,5

12,9

11,4

12,6

Others

4,0

3,4

3,0

2,4

1.6. Registration of Assignment Contracts and License Contracts on the Right to Use Trademarks and Service Marks

The total number of trademarks in respect of which in 2005 there were registered assignment contracts and license contracts increased by 21.6% in comparison with 2004 and amounted to 10114 trademarks.

2815 trademark assignment contracts were registered, which resulted in transfer of exclusive rights in respect of 4550 trademarks, 3524 or 77.5% of which belonged to Russian rightholders and respectively 1016 or 22.5% were the trademarks of foreign rightholders.

License contracts (overall — 2991 contract) were registered in respect of 5574 trademarks, while the share of the Russian rightholders' trademarks amounts to 4310 or 77.3% and the share of the foreign rightholders' trademarks was 1264 or 22.7% respectively.

The trend towards the increase of the number of trademarks on which the rightholders granted the right to use (5574 or 55.1% of overall number of trademarks) in comparison with number of assigned trademarks (2815 or 44.9% of the overall number of trademarks) continued in 2005. Comparison with the similar data for 2004 (4395 or 52.8 and 3922 or 47.2% respectively) allows to say that the license and not the assignment of the trademark remains a more attractive form for the rightholders.

There was a significant increase in the activity of the Russian rightholders in the sphere of the registration of contracts in respect of trademarks.

The Table 1.6.3 shows that the share of the trademarks of the Russian rightholders, in respect of which contracts are registered, is stable and high (77.5% in 2005 vs. 70.7% in 2004). The number of the contracts registered in respect of the trademarks of Russian rightholders has also increased and amounted to 84.6% (vs. 80.4 in 2004).

There was a slight decrease in the activity of foreign rightholders. After a significant increase in the number of the registered contracts in 2004 (by 39.6%) the number of the trademark contracts of the foreign rightholders decreased by 5.3% compared to the previous year.

Analysis of the data of the correlation of the number of the registered contracts and the number of trademarks mentioned in the contracts shows that in 2005 the correlation between the registered contracts and the number of trademarks remained at the level of 2004 and was 1:1.6 (in respect of assignment contracts) and 1:1.9 (in respect of license contracts).

The Table represents the data on the number of trademarks in respect of which assignment contracts and license contracts have been registered in the period between 2001 and 2005 (Table 1.6.1).


Table 1.6.1

Number of Trademarks in Respect of Which Trademark Assignment Contracts and License Contracts to Confer of Using a Trademark Were Registered


Type of contract

2001

2002

2003

2004

2005

Trademark Assignment Contract

including:

2682

4581

4155

3922

4540

From Russian Owners

2207

3381

3104

3002

3524

From Foreign Owners

475

1200

1051

920

1016

License Contracts

Including:

2773

3748

4101

4395

5574

From Russian Owners

2246

2826

3024

2875

4310

From Foreign Owners

527

922

1077

1520

1264


Comparative data on the belonging of the parties to the contracts registered in 2001­2005 to Russian and Foreign Persons is shown in Table 1.6.2.


Table 1.6.2

Belonging of Parties to Contracts to the Russian and Foreign Persons


Parties to Contract

Trademark Assignment Contract

License Contracts

2002

2003

2004

2005

2002

2003

2004

2005

Russian Persons

2971

2235

2101

2467

2291

1814

1725

2974

Foreign Persons

878

788

690

762

69

278

274

316

Transferor is a Russian Persons, Transferee is a Foreign Persons

410

869

901

1057

535

1210

1150

1336

Transferor is a Foreign Persons, Transferee is a Russian Persons

322

263

230

254

644

803

1134

948


Comparative data on the number of registered contracts and the number of trademarks in respect of which the contracts were registered are shown in the Table 1.6.3.


Table 1.6.3

Number of Registered Contracts And Trademarks In Respect of Which
the Contracts Were Registered


Type of contract

2003

2004

2005

Contracts

Trademarks

Contracts

Trademarks

Contracts

Trademarks

Trademark Assignment Contract,

including:

2670

4155

2394

3922

2815

4540

From Russian Owners

2259

3104

1960

3002

2361

3524

From Foreign Owners

411

1051

434

920

454

1016

License Contracts

including:

2029

4101

2426

4395

2991

5574

From Russian Owners

1763

3024

1915

2875

2550

4310

From Foreign Owners

266

1077

511

1520

441

1264

1.7. Registration of Computer Programs, Databases and Topographies of Integrated Circuits

The year 2005 confirmed a predictable increase in the number of applications to be filed for the official registration of computer programs, databases, and topographies of integrated circuits. Such an increase is conditioned primarily by a two­fold decrease in the amount of fees to be collected from applicants — holders of rights in the registration (since 2005 — the Official Fees).

There was a growth in the number of applications filed from all Federal Districts, with the exception of the Far Eastern Federal District.

Among the entities of the Russian Federation, Moscow remains a permanent leader — 1,379 applications (increase of 314 applications). St.­Petersburg takes second place with 353 applications filed (increase of 135 applications). There was a 88 per cent increase in the number of applications filed from the Sverdlovsk Region and 82 per cent — from the Krasnoyarsk Territory. Among the leaders are the Moscow Region (175 applications), Rostov Region (155 applications) and Samara Region (114 applications). There was a 20 per cent increase in the number of applications filed by universities of the country. Six applications were filed on behalf of the Russian Federation. 64 applications were filed by foreign applicants, including by those from the CIS countries.

As in previous years, in 2005 a two­month period for examining applications was strictly observed, including requests for the registration of contracts to transfer the exclusive right in subject matter.


Table 1.7.1

Number of Registered Computer Programs, Databases and Topographies of Integrated Circuits in 2001–2005



2001

2002

2003

2004

2005

Total

Computer Programs

1830

2105

2748

2759

3282

18898

Databases

198

209

270

283

327

1867

Topographies of Integrated Circuits

6

25

50

39

32

203

Total

2034

2339

3068

3081

3641

20968


Table 1.7.2

Number of Registered Contracts



2001

2002

2003

2004

2005

Total

Contracts for the Complete Transfer of Exclusive Rights (In of Registered Subject Matter)

60 (56)

112 (110)

68 (57)

42 (41)

61 (61)

605 (325)

Contracts f or the Partial Transfer of Exclusive Rights

46

45

39

17

14

611

Total

106

157

107

59

75

1216

1.8. Examination of Disputes Pertaining to the Legal Protection of Intellectual Property Rights

In 2005, the activities of the Federal State Institution “Chamber of Patent Disputes” (hereinafter referred to as the “CPD”) were carried out in accordance with its function of the administrative settlement of patent disputes.


As the Result of Examination of Cases in the CPD, 1925 Cases Were Decided, Affirmed and Transmitted


As in previous years, the main purpose of the CPD was to ensure legitimate rights and interests of applicants and holders of protective titles for industrial property subject matter as well as legitimate interests of other natural persons and legal entities when taking decisions by an administrative order as to matters in the CPD competence pursuant to the Russian Federation Law “On Trademarks, Service Marks and Appellations of Origin”.

A major portion of disputes pertaining to the legal protection of industrial property rights concerned trademarks and accounted for about 82.5 per cent of the total number of cases received by the CPD.

The overall pattern of oppositions and requests distributed in 2004 and 2005 according to the types of industrial property subject matter is shown in Table 1.8.1.


Table 1.8.1

Number of Oppositions and Requests Lodged With the Chamber of Patent Disputes According To the Types of Industrial Property Subject Matter


Industrial Property Subject Matter

2004

2005

Inventions

258

233

Utillity Models

94

106

Industrial Designs

33

29

Trademarks

1634

1736

Appellations of Origin

4

Grant of the Right To Use an Appellation of Origin Already Registered

1

Total:

2024

2104


As seen from the Table, there was a growth in the number of oppositions and requests received in 2004 and 2005, said number amounting to 2,024 and 2,104 respectively. It should be noted that the number of unexamined cases during the year 2005 decreased and amounted to 1,427 cases.

As a result of examining the CPD cases, 1,925 cases were decided, affirmed and transmitted.

Consolidated data on the receipt of oppositions and requests and the number of decisions made in 2005 according to the types of oppositions and requests are shown in Table 1.8.2.


Table 1.8.2

Number of Oppositions and Requests Lodged and Decisions Made by the Chamber of Patent Disputes


Type of Receipts

2004

2005

Received

Decisions Made

Received

Decisions Made

Oppositions To Official Actions

636

943

604

624

Oppositions to the Grant of the Legal Protection

620

461

642

563

Requests

768

646

858

738

Not Recognized as Oppositions and Requests

381

434

Oppositions and Requests Revoked

166

21

Total

2024

2597

2104

2380


As seen from the Table, about 26.2 per cent of the total number of cases received by the CPD in 2005 were oppositions to decisions of the Examiner, i.e. prior to the grant of the legal proportion, 10.1 per cent less than in 2004; 23.7 per cent were oppositions to protection already granted, 5.9 per cent more than in 2004; and 31 per cent were requests to terminate the legal protection of trademarks and recognize a mark as a well­known one, 6.1 per cent more than in 2004.

Statistical data shown in Table 1.8.2 testify that a portion of disputes on oppositions to decisions of examiners of the FGU FIPS, on oppositions to protection already granted and on requests is nearly equal.

In the reporting year 21 cases were revoked at the stage of their examination. In addition, 434 cases were not accepted for examination due to non­compliance with the requirements for lodging oppositions and requests, as provided for by the “Rules for Lodging Oppositions and Requests and Examining Thereof at the Chamber of Patent Disputes”. In the overwhelming majority of cases a rejection to accept cases for consideration was due to the absence or incorrect furnishing of a document that confirms the payment of the prescribed fee for the examination of an opposition or request and due to the lodging of oppositions and requests in violation of the prescribed time limits.

Table 1.8.3 demonstrates the distribution of decisions made by the CPD with respect to different industrial property titles. It follows from this Table that the number of the CPD decisions made in 2005 with respect to trademarks was in excess of more than 5­fold than that made with respect to other industrial property titles.


Table 1.8.3

Number of Decisions Made by the Chamber of Patent Disputes With Respect to Industrial Property Subject Matter



*The given indicators ignore participation of representatives of the Chamber of Patent Disputes in preliminary proceedings of arbitration courts and those of general jurisdiction as well as participation in proceedings where examination of cases as to substance was adjourned.

Table 1.8.4 shows the results of examining oppositions with respect to different industrial property titles, thus representing 55.2 per cent of satisfied oppositions and 44.8 per cent of denied oppositions. In so doing, there was a 3 per cent increase in the number of denied oppositions as compared to the year 2004.


Table 1.8.4

The Results of Examining Oppositions



*The given indicators ignore participation of representatives of the Chamber of Patent Disputes in preliminary proceedings of arbitration courts and those of general jurisdiction as well as participation in proceedings where examination of cases as to substance was adjourned.

A structure of the CPD decisions with respect to different types of oppositions is shown in Table 1.8.5.


Table 1.8.5

Number of Decisions Received and Transmitted as a Result of Examining Oppositions


Type of Decision

2004

2005

Official Actions Pertaining to Applications

Held to Be Valid

327

260

Changed

166

98

Revoked

443

250

Title of Protection

Invalidated In Full

111

146

Invalidated In Part

98

105

Is Held to Be Valid

219

216

Proceedings Ceased

40

112

Total:

1404

1187


As follows from this Table, with respect to examination of cases pertaining to oppositions to decisions of examiners, these decisions were cancelled in more than 20 per cent of cases, 10.5 per cent less than in 2004.

As to examination of cases pertaining to oppositions to decisions to terminate the legal protection of trademarks and requests to terminate the legal protection of trademark prematurely, the legal protection was held to be valid in 18.2 per cent of decisions made, 2.6 per cent more than in 2004.

Requests on early termination of the legal protection of trademarks for their nonuse constituted a major part of cases received and examined by the CPD. Relevant data are tabulated in Table 1.8.6.


Table 1.8.6

Number of Requests Examined With Respect to Trademarks, According to the Types of Requests


Type of appeal

Type of decision

2004

2005

On non­use

Satisfied in Part

217

172

Satisfied in Full

331

317

Dismissed

43

22

On notonety (well­known marks)

Satisfied

19

9

Dismissed

3

On becoming generic name

Satisfied in Part

Satisfied in Full

Dismissed

On General Usage

36

215

Total

646

738


*The
given indicators ignore participation of representatives of the Chamber of Patent Disputes in preliminary proceedings of arbitration courts and those of general jurisdiction as well as participation in proceedings where examination of cases as to substance was adjourned.

As a result of examining requests on early termination of the legal protection of trademarks for their nonuse, 489 requests were satisfied in full or in part, 22 requests were not satisfied and 215 requests were dismissed.

In order to enhance professional skills, the CPD personnel took part in a number of seminars and conferences held both in the Russian Federation and abroad on different topics in the area of settling disputes pertaining to the legal protection of industrial property rights. Two CPD employees have become post­graduate students at the RGIIS.

In the reporting year the CPD continued its work on the elaboration of proposals to improve legislation based on the study of procedures for examining oppositions and requests lodged with the CPD. Specifically, there were prepared proposals on the introduction of amendments in and additions to the “Rules for Lodging Oppositions and Requests and Examining Thereof at the Chamber of Patent Disputes”, the Patent Law of the Russian Federation and the Russian Federation Law “On Trademarks, Service Marks and Appellations of Origin”.

In 2005, a start was made to hold meeting of CPD boards using an audio­ and video­recording. With this aim in mind, the Temporary Regulations for holding the meetings of the boards of the FGU “Chamber of Patent Disputes” using an audio­ and video­recording were elaborated and coordinated with the Rospatent administration. These Regulations will be specified on the results of analyzing the procedures for holding the meetings of the boards, and audio­ and video­recordings were suggested to take effect in all CPD premises to be rented for holding the meetings.

Table 1.8.7 shows data pertaining to the participation of representatives of the Chamber of Patent Disputes in proceedings in which courts made their decisions in 2005.


Table 1.8.7

Participation of Representatives of the Chamber of Patent Disputes In Proceedings In Which Courts Made Their Decisions In 2005


Decision Made By

Inventions

Utility Models
Industrial Designs
Trademarks
Appellations of Origin
Total

Arbitration Court

Not Satisfied

22

200

6

11

2

296

New Examination

1

7

Satisfied

2

34

1

General Jurisdiction Court

Not Satisfied

6

3

New Examination

Satisfied

1


As is evident from the Table, the number of cases in courts supporting lawfulness of decisions made by the CPD amounted to 250, whereas only 8 decisions made by the CPD were recognized by court orders as invalid non­statutory legal acts.

Moreover, the Rospatent personnel took part in 150 proceedings resulted in court decisions made by arbitration courts and those of general jurisdiction (Table 1.8.8).


Table 1.8.8

The Results of Examining Cases By Arbitration Courts and Those of General Jurisdiction Involving Rospatent In 2005


Subject Matter

Results of Examining Cases

Total Number of Proceedings*

Arbitration Courts

General Jurisdiction Courts

Defendant

Third Party

Defendant

Third Party

Not Satisfied

Satisfied

Not Satisfied

Satisfied

Inventions

3

1

7

4

150

Trademarks

27

5

82

4

7

Industrial Designs

6

Computer Databases

2

1

1

Total:

38

7

89

4

12


In a total of 38 proceedings, arbitration courts rejected to satisfy demands made of Rospatent; in 7 cases demands were satisfied. In a total of 89 proceedings, Rospatent was involved as a third party with no independent claims with respect to a disputable subject matter.

As a result of 4 proceedings with general jurisdiction courts, claimants were refused in the satisfaction of demands made of Rospatent. In a total of 12 proceedings, Rospatent was involved as a third party with no independent claims with respect to a disputable subject matter.

1.9. Rospatent Interacts With Federal Executive Authorities

Interaction with Federal Legislative and Executive Authorities performing law­enforcement functions in the commercialization of industrial property rights was carried out throughout the year. The total number of appeals and addresses amounted to 1,156.

In 2005, there were examined various appeals and addresses from the bodies of internal security (BIS) and the Office of public prosecutor, judicial authorities, the Federal Anti­Monopoly Service (FAS), including its territorial bodies, the Ministry of Justice of the Russian Federation, among which are appeals and addresses from various subunits of the Bailiffs Service (BS), the Federal Customs Service (FCS), including its regional administrations, and other State organs, regarding different issues in the intellectual property domain.

The greatest amount of appeals and addresses came from judicial authorities (228), BIS (155), FAS and its territorial bodies (34), the Office of public prosecutor (31), FCS (24).

1.10. Rospatent Interacts With Regions of the Russian Federation

In 2005, work with regions was in progress under the program of Rospatent cooperation with regions of the Russian Federation in an effort to ensure creation, legal protection and exploitation of the results of scientific and technological activities.

As in the previous years, the work was based on provisions of agreements and contracts to be concluded by Rospatent and the Federal Institute of Industrial Property with regional administrative and economic structures.

Works were in progress to maintain and expand cooperation with regions of the Russian Federation. For instance, there were prepared drafts of agreements to be repeatedly concluded with Administrations of Saint Petersburg and Novosibirsk Region.

In accordance with various agreements, by the end of 2005 Rospatent cooperated with administrations of 20 Russian regions.

Under the established procedure, there was concluded an agreement on cooperation between FIPS and the key organization the FGU Mordovian Center of Scientific and Technological Information (CSTI) that was recommended by Administration of the Republic of Mordovia.

By the end of 2005 Rospatent concluded 36 contracts for cooperation with regional key organizations. In so doing, work was in progress to re­register contracts in connection with the termination of a period of validity of a part of contracts concluded with 9 organizations.

All in all, Rospatent and FIPS are bound by agreements and contracts with 33 Russian regions (see, Table 1.10.1).


Table 1.10.1

Federal Districts

Regions Whose Administrations Have Concluded Agreements on Cooperation with Rospatent

Key Institutions in Regions Entered Into Agreements on Cooperation with FIPS

Central

Moscow

Kaluga Region

Orel Region

Tver Region

Tula Region

Yaroslavl Region

The Yaroslavl Center of Scientific and Technological Information (CSTI)

The Kaluga CSTI

The Orel State Technical University

The Tver Library

The Tula Library

The Belgorod State University

The Belgorod Library

The Ryazan CSTI

North­West

Saint Petersburg

Arkhangelsk Region

Murmansk Region

The Arkhangelsk Library

The Saint Petersburg CSTI

The Kaliningrad State Technical University

The Kaliningrad CSTI

South

Volgograd Region

The Astrakhan Library

The Volgograd CSTI

GUTKD (Sochi)

The Krasnodar CSTI

The Rostov­on­Don State University

The Sochi State Council VOIR

Volga

Republic of Bashkortostan

Republic of Tatarstan

Nizhni Novgorod Region

Saratov Region

Bashtechinform

The Izhevsk State Technical University

The Kirov CSTI

The Mordovian CSTI

The Nizhni Novgorod Research Center

The Perm CSTI

The Saratov State University

The Tatarstan CSTI

The Tolyatti Institute “KNOW TITT and P”

Ural

Sverdlovsk Region

Chelyabinsk Region

NP PP “Innovation”

(Ekaterinburg)

OGUP “Uralpatent” (Chelyabinsk)

The Ural Palace of Science and Technology (Ekaterinburg)

Siberian

Novosibirsk Region

Omsk Region

The Technical Library of the Siberian Division of Academy of Sciences (GPNTB SO RAN)

The Kemerovo CSTI

The Krasnoyarsk CSTI

The Omsk State Technical University

Far Eastern

Republic of Sakha

Khabarovsk Territory

The Khabarovsk CSTI

Total

20

36


In accordance with the Program of Information Supply of Regions, in the reporting year for the first time the Mordovian Center of Scientific and Technological Information (CSTI), the Izhevsk State Technical University and the Kirov CSTI were provided with a free access through a web­site to full­text databases of specifications of domestic inventions of utility models.

Currently a free access through a web­site to full­text databases of specifications of domestic inventions of utility models has been provided to 113 institutions (see Table 1.10.2
).


Table 1.10.2

Federal Districts

A Total of Institutions

Related Organizations

Science Towns

State Scientific Centers

Scientific Centers of the Russian Academy of Science

Central

52

8

6

30

8

North­West

17

3

10

4

South

4

3

1

Volga

16

9

1

6

Ural

7

4

3

Siberian

11

4

1

6

Far Eastern

6

1

5

Total

113

32

7

42

32


Under contracts on cooperation between FIPS and regional key institutions, in 2005 the Division “All­Russia Patent and Technical Library” (VPTB) performed the following works.

GPNTB SO RAN (Novosibirsk) and Rostov­on­Don State University were provided with 1251.4 thousand of patent documents of Germany, Japan, countries of Central and Eastern Europe and Baltic States on CD­ROMs.

Regional CSTI (a total of 31 institutions) were provided with a Bibliographic Index “Disputes Pertaining to Trademarks in the Russian Federation” (publications for the period of 1992–2004) and a list of bibliographic indices prepared by the VPTB Division in the period of 1991–2005.

In order to promote the educational process, the Ural State Technical University (Ekaterinburg) was provided with 15 sets of backlog domestic patent bibliographic information on optical disks (with a summary index).

The Khabarovsk CTSI was provided with lists of revealed domestic patent documents for the period of 1924–1993, which had been absent on optical disks produced by FIPS.

In November 2005, the VPTB Division organized a study visit for an employee of GPNTB SO RAN on the issues of maintaining patent collections and procedures for user servicing.

Employees of Bashtechinform (Ufa) and the Mordovian CSTI (Saransk) were provided with advice on the organization of training in the fundamentals of intellectual property, handling of patent information and patent studies.

One of the main directions stipulated by provisions of contracts on cooperation between FIPS and regional institutions consists in the explanation and promotion of the patent legislation and training of experts in the field of protection and use of industrial property rights.

In the year under review, a total of 34 conferences and seminars dealing with intellectual property challenges were organized in the Russian regions with the participation of Rospatent and FIPS personnel.

In the Central Federal District

• March 17, 2005 — Tver (the Tver Regional Universal Scientific Library Named After A. M. Gorky), Seminar «Access to Information Resources in Electronic Format. IPC Reform».

• March 17, 2005 — Orel (the Orel State Technical University), Seminar “Outstanding Issues of the Development of Innovation and Inventive Activities”.

• June 23 and 24, 2005 — Yaroslavl (the Yaroslavl CSTI), Seminar “Implementation of Rights in Intellectual Property Subject Matter Having Regard to Amendments in the RU Legislation. Licensing and Contractual Relations”.

• July 6, 2005 — Moscow (the Moscow Committee for Science and Technology), Conference “Innovation Potential of Moscow and Mechanisms of Its Efficient Use”.

• September 27, 2005 — Belgorod (the Belgorod State University), Seminar “Competitive Strength of Industrial Enterprises; Efficient Use of Mechanisms of Intellectual Property Commercialization”.

• October 26, 2005 — Tula (the Tula Regional Universal Scientific Library), Conference «Legal Regulation of Relations In Relation to Industrial Property Subject Matter, Their Implementation and Enforcement».

• October 27, 2005 — Tver (the Tver Regional Universal Scientific Library Named After A. M. Gorky), Seminar «Special Features of Drawing Applications and Correspondence with Examiners».

• November 9, 2005 — Kaluga (the Kaluga CSTI), Conference «Challenges of the Efficient Use of Intellectual Property Rights in Innovation Activities of Enterprises».

• November 29, 2005 — Moscow (Rospatent, FIPS, US Embassy in Moscow), Conference «Resistance to Piracy on the Internet».

In the North­West Federal District

• May 17, 2005 — Kaliningrad (the Kaliningrad CSTI), Conference «The Modern Legislation in the Field of Intellectual Property Protection and Enforcement».

• May 24 and 25, 2005 — Arkhangelsk (the Arkhangelsk Regional Universal Scientific Library Named After N. A. Dobrolyubov), Seminar «Transfer of Rights in Industrial Property Subject Matter. Use of Trademarks in Domain Names».

• June 29, 2005 — Saint Petersburg (Rospatent, FIPS, US Embassy in Moscow), Conference «Intellectual Property Enforcement; Legislation Combats Against Piracy»

• June 30 — July 1, 2005 — Saint Petersburg (the Saint Petersburg Bar of Patent Attorneys, the Russian National Library “Collegiate Readins­2005”), Conference «Intellectual Property as a Tool of Market­Oriented Economy. Strategic Aspects of Intellectual Property Enforcement, Protection and Management In the Framework of Business Functioning”.

• November 10, 2005 — Saint Petersburg (ANKO «Intellectual Property»), Conference «Strong and Weak Trademarks».

In the Volga Federal District

• March 23 and 24, 2005 — Nizhni Novgorod (Rospatent, FIPS, US Embassy in Moscow), Conference «Intellectual Property Enforcement; Legislation Combats Against Piracy».

• March 29, 2005 — Perm (the Perm CSTI), Seminar «Intellectual Resources in Entrepreneurship».

• March 30, 2005 — Izhevsk (the Izhevsk State Technical University), Conference «Intellectual Property — a Basis for Innovation Processes in Market­Oriented Economy».

• April 26 and 27, 2005 — Ufa («Bashtechinform» AN RB), Conference «Topical Issues of the Legal Protection and Commercialization of Intellectual Activity Results».

• May 16 and 17, 2005 — Tolyatti (the Tolyatti Institute of Technical Creativity and Patent Science), Seminar «Design Solutions, Protection and Profit­Making».

• May 26, 2005 — Kazan (the Tatarstan CSTI), Conference «Enforcing the Rights of Authors of Intellectual Property».

• June 15, 2005 — Perm (the Perm CSTI), Seminar «Intellectual Property — a Basis for Innovation Processes in Economy».

• September 20 and 21, 2005 — Saratov (the Saratov State University Named After N.G. Chernyshevsky), Seminar «Disputes to be Examined at the Chamber of Patent Disputes».

• September 26 and 29, 2005 — Sarov, Nizhni Novgorod Region (the Russian Federal Nuclear Center — the All­Russia Research Institute of Experimental Physics), Conference “The Branch Scientific and Methodical Conference of the Federal Agency for Atomic Power Engineering”.

In the Siberian Federal District

• March 23, 2005 — Omsk (the Omsk State Technical University), Seminar «Urgent Issues of the Theory and Practice of Industrial Property Protection and Certain Copyrights».

• September 20 and 21, 2005 — Novosibirsk (Rospatent, FIPS, US Embassy in Moscow), Conference «Intellectual Property Enforcement; Legislation Combats Against Piracy».

In the Ural Federal District

• April 27 and 28, 2005 — Tyumen (the Tyumen Regional Council of VOIR), Conference «Legal Means to Resist Counterfeiting in the Field of Intellectual Property Under the Russian Legislation».

• October 11, 2005 — Ekaterinburg (the Ural State Technical University), Seminar «Settlement of Conflicts in the Creation and Commercialization of Intellectual Property Subject Matter».

• October 19 and 20, 2005 — Chelyabinsk (OGPU «UralPatent), Seminar «Transfer of Rights in Intellectual Property — a Basis of the Innovation Process».

• November 24 and 25, 2005 — Ekaterinburg (Nonprofit Partnership of Patent Attorneys «Innovation», the Ural House of Science and Technology), Seminar «Enforcement of Rights of Patent Holders, Authors, Trademark Owners. Transfer of Rights in Intellectual Property as a Possibility of Commercialization Thereof».

In the Southern Federal District

• May 24 and 25, 2005 — Astrakhan (the Astrakhan Regional Scientific Library Named After N.K. Krupskaya), Seminar «Intellectual Property Under the Russian Federation Patent Law and the Russian Federation Law “On Trademarks, Service Marks and Appellations of Origin”.

• June 1, 2005 — Rostov­on­Don (the Rostov­on­Don State University), Seminar «Problems of Intellectual Property Commercialization».

• October 28 and 29, 2005 — Astrakhan (the Astrakhan Regional Scientific Library Named After N.K. Krupskaya), Seminar «Patent and License Activities in the Astrakhan Region: Yesterday, Today, and Tomorrow».

• December 19 and 22, 2005 — settlement Nebug, Krasnodar Territory (OAO «Gasprom»), Conference «Inventive and Rationalization Activities in the ??? «Gasprom» Organizations”.

In the Far Eastern Federal District

• October 27­28, 2005 — Khabarovsk (the Khabarovsk CSTI), Conference “Matters of Patenting Abroad. A Procedure for Filing Application Material in Pacific Countries (China, Japan, Korea)».

The main topics of 2005 seminars were:

• Transfer of Rights in Protectable Industrial Property Subject Matter.

• Author's Fee as a Tool of Innovation Policies of Enterprises. Property Rights of Authors of Employer's Inventions.

• Patenting of Inventions Abroad.

• Topical Issues of Trademark Registration, Grounds for Refusing Registration. A Trademark Illegal Use.

• Official Registration of Computer Programs and Databases. Legal Protection and Transfer of Property Rights in Computer Programs and Databases.

• Disputes to be Examined at the Chamber of Patent Disputes and Arbitration Courts.

• Intellectual Property Enforcement. Legislation and Its Application to Combat Against Counterfeiting.

1.11. Processing Appeals and Addresses of Natural Persons and Legal Entities with Rospatent and its Subordinate Organizations

In the year 2005, Rospatent and its subordinate organizations examined 1,280 appeals and addresses from natural persons (755) and legal entities (525) addressed to:

Rospatent

405

Other State power bodies

225

Organizations subordinate to Rospatent

650


As compare=d to the year 2004, the amount of appeals and addresses reduced by one­fourth.

Geographically, appeals and addresses originated from:

Regions of the Russian Federation

1194

CIS countries

69

Far­Abroad countries

17


The amount of appeals and addresses from CIS countries remained much the same as in the previous year, with nearly a three­fold decrease (from 49 to 17) in the amount of those from far­abroad countries.

However, a decrease in the total amount of appeals and addresses was accounted for the most part by a decrease in the amount of those from regions of the Russian Federation (from 1,588 to 1,194).

Table 1.11.1 shows the distribution of appeals and addresses from regions of the Russian Federation, according to Federal Districts.

Table 1.11.1

Federal Districts

Appeals and Addresses From a Federal District

Central

625

North­West

166

South

149

Volga

99

Ural

70

Siberian

65

Far Eastern

20


As compared to the previous year, against the backgrounds of decrease in the amount of appeals and addresses came from districts of the Russian Federation, in the year 2005 there was marked a certain redistribution of the amount of appeals and addresses from various districts, with the most pronounced change in the proportion of appeals and addresses from the Central District (a 5 per cent increase) and the Southern District (a 3 per cent decrease).

As to the types of appeals and addresses, they were distributed as follows:

• requests — a total of 915, of which 65 per cent were complied with, including 487 from natural persons (57 per cent were complied with); 428 from legal entities (73 per cent were complied with);

• complaints — a total of 320, of which 26 were recognized as justified (their reasons were associated principally with the procedure for examining applications for industrial property rights and registration of contracts as well as pertaining to the titles of protection and provision of patent information services; in so doing, the amount of appeals and addresses recognized as justified was essentially unaffected as from the year 2003);

• proposals — a total of 45, of which 3 accepted for the post­processing were concerned with improvements in the patent legislation and that in the field of copyright and related rights.

It is worth noting that the relationship of the types of appeals and addresses received in 2005 exerted essentially no effect as compared to the previous year (requests — 71.5 per cent, complaints — 25.0 per cent, proposals — 3.5 per cent).

Data on the amount of appeals and addresses received by Rospatent and its subordinate organizations for the period of 2001­2005 are tabulated in Table 1.11.2
.


Table 1.11.2

Groups in Which the Problems Raised in Appeals and Addresses are Classified

The Amount of Appeals and Addresses

2001

2002

2003

2004

2005

Patent Examination (Time Limits, Procedure, Examination Results, Office Work)

810

897

772

738

526

Inventive Activity

211

184

217

229

168

Protective Titles (Registration, Renewal and Restoration, Amendments, etc)

143

231

227

201

125

Legal Issues

172

101

86

142

121

Payment of Patent Fees

195

286

201

177

95

Contracts (Registration, Disputes Between the Parties)

42

54

31

25

84

Patent Information Services

107

92

102

75

54

Publication (Time Limits, Errors)

20

9

15

9

19

Registration of Discoveries

40

28

15

30

18

Training, Improvement of Professional Skills, Activity in Regard to Patent Attorneys, Issues of International Cooperation

28

3

6

7

6

Personnel Issues and Work of Patent Attorneys

4

4

Others (basically unrelated to the competence of Rospatent and its subordinate organizations)

34

29

29

65

60

Total

1802

1914

1701

1702

1280


An appreciable decrease in the amount of appeals and addresses in 2005 when compared to the previous years was, to the greatest extent, due to decrease in their amount as applied to the examination of applications for industrial property rights and also, to a lesser extent, due to that as regards payment of patent fees, matters concerning protective titles, inventive activity. This decrease in the flow of appeals and addresses was caused by a considerable work done by Rospatent with respect to clarification of amendments made in the laws pertaining to the intellectual property domain during the period of 2002–2003.

However, as in the previous years, the greatest amount of appeals and addresses was derived as applied to the examination of applications for industrial property rights. At the same time, during the period of 2002–2005 the trend was toward a progressive decrease in a proportion of appeals and addresses with a dominating reason (from 47 per cent to 41 per cent).

When compared to the previous years, there was a considerable increase in the amount and proportion of appeals and addresses pertaining to registration of contracts, which stems from the growth of the volume of incoming requests for their registration.



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