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Annual reports 2005 - Section 3

 



Main Aspects of Rospatent International Activities

3.1. Cooperation with WIPO

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

The specialists of Rospatent prepared and submitted their comments and proposals regarding basic international agreements and documents being at present under consideration within the framework of WIPO: Revision of Trademark Law Treaty (TLT), Treaty on Protection of Broadcasting Organizations, review of objectives and basic principals on the protection of traditional knowledge and folklore. Being a member of the WIPO Programme and Budget Committee Rospatent took active part in the discussion and adoption of Programme and Budget for 2006–2007.

In the course of discussions on the key and the most acute issues of the WIPO Development Agenda, plans of further activity of the Standing Committee on the Law of Patents and future Substantive Patent Law Treaty Rospatent actively adhered to the position of drawing together points of views and interests of WIPO member­states, maintaining the role and importance of the International Organization, further development of the national systems of intellectual property, harmonization of international law.

In the framework of the activity of the Meeting of International Authorities under Patent Cooperation Treaty (PCT) Rospatent prepared and submitted to the International Bureau of WIPO an annual report on implementation of quality management system in the Russian Patent Office.

The Russian version of Changes to the Regulations under the PCT introduced as from April 1, 2005 as well as prepared according to these changes the corrected forms of requests for international applications and demands on the international preliminary examination in Russia were translated and put on the website of Rospatent. The corrected forms are also put on the website of WIPO.

In June 2005 the Regional Consultative Meeting for the countries of Caucasus Region, Central Asia and Eastern Europe on the protection of broadcasting organizations was held by initiative of Rospatent and under WIPO assistance. Nine representatives from states of the region, representatives of WIPO including Mrs. Rita Hayes, Deputy Director General, observers from intergovernmental and non­governmental organizations, representatives of associations of broadcasting organizations etc. took part in this Meeting.

In the framework of the Consultative Meeting it was given the presentation of the Second Revised Consolidated Text of the Treaty on Protection of Broadcasting Organizations and Working Document on alternative and nonobligatory decisions with respect to the webcasting protection, including simulcasting protection. The last document incorporates proposals of the delegation of the Russian Federation made at the 12th Session of the Standing Committee in November 2004.

Following the results of the Meeting the participants worked out the recommendations on expediency of holding the Diplomatic Conference on the adoption of the Treaty on Protection of Broadcasting Organizations that were introduced at the General Assembly of WIPO in September 2005.

In 2005 the Federal Service for Intellectual Property, Patents and Trademarks with the assistance of WIPO initiated the Study on the Economic Contribution of the Copyright­Based Industries.

The Study of a such kind is carried out in the Russian Federation for the first time. Its objective is to evaluate the economic contribution of the copyright to a Russia's Gross Domestic product (GDP) and the national employment. The Study is aimed to enhance the political and public interest to a real contribution of a copyright sector in the economy of the country, discover the potential of cultural and information sectors in the society.

The group of experts carrying out the Study includes representatives of the Federal Service for State Statistics, Russian State Educational Institute of Intellectual Property (RGIIS), Rospatent, Federal Institute of Industrial Property (FGU FIPS) and other organizations. The results of the project that are planned to be summed up and properly formalized in the middle of 2006 will be submitted to all interested offices and organizations.

In July 2005 Rospatent and WIPO, taking into consideration a broad penetration of intellectual property in many spheres of life and its more considerable impact on economic, social and cultural development of states signed the Memorandum of Understanding between the Federal Service for Intellectual Property, Patents and Trademarks and the World Intellectual Property Organization.

The purpose of this Memorandum is to coordinate the joint activities of WIPO and Rospatent in the field of the enforcement of intellectual property rights, create the efficient mechanisms for its enforcement, establish a common strategic approach for the effective protection of intellectual property rights, increase intellectual property awareness at all levels in society, and also to promote cooperation among Russian and foreign entities and organizations active in the field of protection enforcement and use of intellectual property rights.

Within the development of this Memorandum the project on the creation of the National Centre for Intellectual Property (NCIP) in Russia was initiated in 2005. The strategic objectives of NCIP include enhancing the level of “transparency” of activities in the field of coordination of IP issues in the Russian Federation and development of the effective mechanisms of IP protection, use and enforcement, and also consolidation of measures to fight against counterfeiting and piracy.

In the course of the forty first session of Assembly of WIPO member­states in September 2005 the delegation of the Russian Federation made a statement on the establishment of a such Centre in Russia and on the initiative to create a United International Net supported by WIPO to assist the creators of IP and rightholders.

Foreign partners show a considerable interest to and support the creation of such project and further integration of the Centre into the international information analytical system.

3.2. Cooperation with the CIS Countries

The cooperation between Rospatent and the CIS­countries in the field of the protection of industrial property is carried out both in the framework of intergovernmental and interagency agreements. During the year 2005 within the framework of bilateral agreements training sessions under individual programs for 16 specialists of the patent offices of Republics of Belarus, Ukraine and Kazakhstan were organized and held.

Within the framework on the implementation of the Agreement on the production of a joint regional patent information product on optical disks CD­ROM the Meeting of Coordination Council was organized and held in 2005 in order to discuss the results of the year 2004 and the plan of production of a joint product in 2005. In accordance with the decisions taken at the Meeting of the Coordination Council in addition to the sets of 12 regular disks CISPATENT the disk containing retrieval aids to patent specifications of CIS countries and Eurasian patents was issued (a Summary index disk to the year set of CISPATENT disks — CISPATENT ACCESS) with the possibility of hyperlink from the Index disk to the EAPATIS data base of the Eurasian Patent Office. The Coordination Council took the decision on the use of the EAPATIS database as the Internet resource of CIS countries. The agreement on inclusion of the disk CISPATENT in the international exchange of patent documentation with Lithuanian technical library was reached.

In 2005 the representatives of Rospatent as members of the delegation of the Russian Federation took part in the seventeenth Session of the Administrative Council of the Eurasian Patent Organization (AC EAPO) and in the Session of the AC EAPO Budget Group.

In the framework of the cooperation between Rospatent and EAPO in October 2005 the Agreed Minutes on Technical Cooperation to the present Agreement between EAPO and Rospatent was signed. The Agreed Minutes on Technical Cooperation defines the main aspects of cooperation between the two Offices with respect to official publications, use of the up­to­date standarts for handling, stocking and distribution of patent information, revision of the International Patent Classification (IPC), electronic filing of applications, improvement in the processing of the applications, further development of the patent information support in Eurasian region.

3.3.Other forms of International Activity

In 2005 the work on the TASIS project “Assistance to Rospatent in the harmonization of intellectual property legislation and in the training of personnel”, funded by the European Union was finished up. The German Foundation for International Legal Cooperation was the contractor of this project. Within the framework of the project six conferences and nine seminars on actual problems of protection and enforcement of intellectual property rights were held and attended by more than one thousand specialists of Rospatent and interested executive authorities and entities, arbitration court judges, patent attorneys. In the framework of the project forty specialists of Rospatent studied the European experience in short­term and long­term training courses in the German Patent Office, the UK Patent Office, the Office for Harmonization in the Internal Market (OHIM), the German Patent Court. The analytical review of the European judicial practice on cases concerning intellectual property rights including about seventy decisions on trademark and patent cases was prepared. Rospatent has received proposals on a long­term training program and additional training for enhancing the professional skills of the specialists of Rospatent, methodical materials regarding the experience of functioning of a such system in the UK Patent Office.


Training course in OHIM


In 2005 Rospatent jointly with other ministries and offices of the Russian Federation pursued an active participation in the elaboration and accordance with the European Commission (EC) of a number of documents defining the objectives and actions on the realization of the raised tasks on the wide range of aspects of cooperation between Russia and EC. One of these aspects is the “Road Map” on a Common Economic Space Russia­EU adopted in May 2005 at the summit Russia­EU that contains the Part “Intellectual Property Rights” and the Action Plan on realization of the “Road Map” adopted by the Governmental Commission on the issues of economic integration in September 2005. In the course of realization of the Action Plan Rospatent jointly with the interested entities prepared and agreed with the European Commission the “Memorandum on Establishing a Dialogue on Intellectual Property Rights” that reflects the objectives and organizational basis of the cooperation on realization of the “Road Map” “Open list of the possible directions of cooperation within the Dialogue on Intellectual Property Rights” was prepared according to which the implementation of the “Road Map” on the Common Economic Space Russia­EU will be carried out in 2006­2007. Signing of the Memorandum is planned at the beginning of the year 2006 during the visit of the EC delegation to Moscow.


In the UK Patent Office


The Cooperation between Rospatent and the European Patent Office has been successfully developing. The creation of the national server of the Esp@cenet system and the inquiry service for users in Rospatent appeared to be the main project of the year 2005. The Esp@cenet system offers to unprofessional users an easy access to the patent documentation all over the world. The Russian interface and the inquiry service in Russian make a search more easy mainly for the specialists of Russian regions but also for the nationals of other countries, who are the native speakers of the Russian language. The project for public use is officially started up at the first half of 2006.

In the framework of cooperation the transmission of a new version of the scanning system of documentation EPOScan took place. The EPO organized in Sweden a round table for the specialists of Rospatent on the issues of activity and interaction of the Office with patent attorneys in the European Patent Office and patent offices of some countries of Europe. In the course of the working meetings between the representatives of the EPO and Rospatent the discussion of specific issues and perspectives of cooperation took place. Eleven employees of Rospatent took part in the EPO training courses, 62 employees were trained at the English language­training courses at the EPO expanse.

On July 27–28, 2005 the delegation of Rospatent headed by the Director General of Rospatent B.P. Simonov visited Munich (Germany) to carry on negotiations with the President of the EPO, Prof. Alain Pompidou. The visit took place according to a set practice of the regular meetings of the Heads of the two offices for exchange of information and experience on realization of functions, officially fixed for Offices, discussion of issues regarding the development of international system of intellectual property, evaluation of the results of bilateral cooperation and planning further aspects of its development. As a result of the meeting the parties came to an agreement on consolidation of discussed matters in the Memorandum of Understanding. A new document is to be the next step in the development of cooperation between the EPO and Rospatent.

In May 2005 in the framework of the program of cooperation between Rospatent and WIPO the delegation of Rospatent headed by its Director General B.P. Simonov visited the Japan Patent Office. The visit took place with the assistance of WIPO and became the first of this kind for the whole history of interaction between Rospatent and the Japan Patent Office (JPO). The delegation also included the heads of FIPS. The delegation had a chance to study JPO practice of transition to paperless technology of filing the applications for inventions, trademarks, industrial designs including the procedures provided for international applications, filing under the Patent Cooperation Treaty (PCT), Madrid agreement concerning the international registration of marks and the Protocol to that Agreement. In the course of the visit the possibilities of making regular contacts, closer collaboration between the two offices on the issues representing a mutual interest were discussed.


Visit to JPO


In October 2005 the Protocols of the negotiations between the Federal Service for Intellectual Property, Patents and Trademarks and the National Board of Patents and Registration of Finland and between the Federal Service for Intellectual Property, Patents and Trademarks and the Industrial Property Office of the Czech Republic regarding the aspects of intensification of cooperation on a number of directions of mutual interest were signed. The Minutes of the negotiations between the delegations of the State Intellectual Property Office of the People's Republic of China and Rospatent was signed.

During the year Rospatent carried out the work on concordance of the Memorandum of Understanding in the field of protection and enforcement of intellectual property rights between Rospatent and the Industrial Property Department at the Ministry of Economic Affairs of Chile and at the Agreement on Cooperation between the Federal Service for Intellectual Property, Patents and Trademarks and the National Directorate of Industrial Property of the Ministry of Industry, Energy and Mining of the Eastern Republic of Uruguay. The completed drafts of these agreements were transmitted accordingly to Chilian and Uruguayan parties.

In 2005 Rospatent jointly with other interested entities pursued an active participation in the work on concordance of intergovernmental agreements concerning “intellectual property”, including the Agreement between the Government of the Russian Federation and the Government of the Kingdom of Morocco on Cultural and Scientific Cooperation, the Agreement between the Government of the Russian Federation and the Government of the Kingdom of Saudi Arabia on Cooperation in the Sphere of Peaceful Use of Outer Space.

In the framework of enlargement of cooperation with the Democratic People's Republic of Korea the Agreement on Exchange of Patent Documentation between the Federal Service for Intellectual Property, Patents and Trademarks and the Patent Information Center of the Head Invention Office of the Democratic People's Republic of Korea was elaborated and at present is ready to be signed.

In the course of bilateral Russian­Indian negotiations on the Russia's accession to the World Trade Organization (WTO) the specialists of Rospatent took part in the elaboration of the Draft Memorandum on Understanding between the Russian Federation and the Republic of India regarding the issues of protection of a number of Indian geographical indications.

Rospatent took an active part in the activities on the issues of the enforcement of intellectual property rights and fight against counterfeiting products, particularly, during the meeting of experts, taken place in October in Great Britain in the course of the preparation to the Russia's chairmanship in the Summit of the Group of Eight in the year 2006.

The matters of the enforcement of intellectual property were the main ones in the activity of Russian­American and Russian­French Working Groups on intellectual property issues.

The Russian­American Working Group (WG) on intellectual property (IP), established under the bilateral Agreement on Trade Relations dated 1990, in 2005 continued the discussion of matters on bilateral cooperation in the field of intellectual property in the format of videoconferences. The videoconferences headed by the cochairmen of the Working Group B.P. Simonov and K. Novelly took place on February 15, April 5, and October 25, 2005 in the Ambassy of the United States of America in Moscow. The representatives of interested ministries and entities (Ministry of Internal Security, Ministry of Foreign Affairs, Ministry of Economic Development and Trade, Ministry of Health and Social Development, Rospatent, Federal Service for Supervision on Legislation Use in the field of Mass Communications and for Protection of Cultural Heritage, Federal Customs Service) and also the General Prosecutor's Office took part in the videoconferences.


The representstives of different Ministries and Offices — members of the Russian part of the Russian-
American working group


At its regular session held on October 14, 2005 in Moscow the WG continued the work on the discussion of the situation regarding the protection and enforcement of intellectual property rights and the concordance of the “Mutual Action Plan on the Development of Trade and Investment Cooperation between the Russian Federation and the United States of America”. The parties agreed to continue its joint cooperation aimed to enhance the level of protection of intellectual property rights paying much attention to the coordination of joint activities in the indicated field.

Following the decision of the twelfth session of Russian­French Council on Economic, Financial, Industrial and Trade Issues held in November, 2004 concerning the development of Russian­French cooperation in the field of industrial property enforcement and fight against counterfeiting products the Joint Working Group was organized.

The objectives of this Working Group are to raise the effectiveness of collaboration within the framework of bilateral Russian­French cooperation in the field of intellectual property enforcement and fight against counterfeiting products, to assist in creation of favourable investment climate. The Russian part of the Working Group headed by Rospatent also included the representatives of the Ministry of Agriculture of the Russian Federation, Ministry of Economic Development and Trade of the Russian Federation, Ministry of Health and Social Development of the Russian Federation, Ministry of Internal Security of the Russian Federation, Federal Customs Service, Federal Antimonopoly Service of the Russian Federation, Federal Service for Supervision in the field of Public Health and Social Development, Federal Service for Supervision in the field of Enforcement of Consumers' Rights and Human Welfare, Federal Service for Supervision on Legislation Use in the field of Mass Communications and for Protection of Cultural Heritage, High Arbitration Court, Arbitration Court of Moscow, Trade Representative Office of the Russian Federation in France.

On March 29, 2005 the first joint session of the Russian­French Working Group was held in Moscow at the premises of Rospatent. The session was held both in the form of plenary discussions and parallel discussion of two subject matter groups on the most acute problems: the enforcement of intellectual property rights in the agriculture area and fight against counterfeiting products in the pharmaceutical industry.

On the results of a joint session the parties worked out the Action Plan of the Working Group for the nearest period according to which following the proposal of the French party two missions to France on exchange of experience to fight against counterfeiting products were organized. The Action Plan considers a number of activities both in the way of interagency cooperation and bilateral cooperation of the respective offices of two countries on the indicated prior directions.

3.4. Activity of Rospatent as the International Searching Authority and the International Preliminary Examining Authority

In 2005 Rospatent carried out its work as the International Search Authority and the International Preliminary Examining Authority in the framework of the Agreement between Rospatent and the International Bureau of the World Intellectual Property Organization concluded for the period between October 1, 1997 and December 31, 2007. According to this Agreement Rospatent carries out the International Search and the International Preliminary Examination in Russian, English, Spanish, German or French and is designated as the competent International Searching Authority and the International Preliminary Examining Authority by the Receiving Offices of 27 Contracting States.

In 2005 the international search was carried out with respect to 595 international applications (including 107 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 151 applications. It should be mentioned that as from 2002 the number of requests to carry out the international preliminary examination has been reducing, that is considered to be a world tendency associated with Changes of the Article 22(1) of the Patent Cooperation Treaty entered into force on April 1, 2002, as a result of which the time limit applicable for entry into the national phase stopped to depend on the fact whether or not the international preliminary examination was carried out with respect to the international application.

Also in 2005 according to the Agreement between the State Committee of the USSR on Science and Techniques and the International Bureau of WIPO as from August 28, 1988 Rospatent as the International Searching Authority and the International Preliminary Examining Authority prepared and transmitted 95 search and examination reports to requests received from the patent offices of developing countries.

Under Article 15(5) PCT, Rospatent carries out the international­type search with respect to national (regional) applications. In 2005 the international­type search reports were prepared as regards 1096 applications filed with Rospatent and 370 applications filed with the patent offices of CIS countries (Kazakhstan, Tajikistan, and Kyrgyzstan). In 2005 International­type search or Russian­language collection search reports were transmitted to EAPO with respect to 710 Eurasian applications.

In December 1998 the Agreement between the Federal Institute of Industrial Property (FIPS) of Rospatent and the Turkish Patent Institute (TPI) in Relation to Performing Patent Searches and Examination of Applications for Inventions was concluded, and in 2005 in accordance with this Agreement a total of 880 international­type search and examination reports were prepared and transmitted to TPI.

Table 3.4 shows a number of indices for the last five years.


Table 3.4

Indices

2001

2002

2003

2004

2005

Number of PCT applications for International Search

553

598

555

616

595

Number of International Preliminary Examination Demands

411

371

227

180

151

Number of established international­type search reports:

to requests from Russian applicants

3145

1346

982

1146

1096

to requests from CIS countries

324

563

539

368

370

to EAPO requests

935

442

568

582

710

to TPI requests

550

1172

1222

941

880

3.5. Rospatent as a Receiving Office

The work of Rospatent as the Receiving Office is determined by the provisions of the Patent Cooperation Treaty (PCT) and Regulations to it. Under Articles 2(xv), 10 PCT and Rule 19 of Regulations to PCT Rospatent as the Receiving Office receives the applications from persons who are the residents or have their domicile in the territory of the Russian Federation. The applications are received in Russian and English.

In 2005 690 international applications were filed with Rospatent.

The Federal Service for Intellectual Property, Patents and Trademarks and the European Patent Office are the competent International Searching Authorities with respect to applications filed with Rospatent as the Receiving Office. In 2005 the European Patent Office was selected as the International Searching Authority only for 92 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 PCT­SAFE software. Thus, in 2005 Rospatent received 133 such applications, i.e. around 19 per cent of the total number of applications filed (see table 3.5).

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 2005 a total of 93 Eurasian applications were filed by the Russian applicants.


Table 3.5

Indices

1999

2000

2001

2002

2003

2004

2005

Number of International applications filed

514

549

581

572

596

544

690

Number of International applications filed using PCT­SAFE

21

35

54

55

96

69

133



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