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Annual reports 2006 - Section 1

 



Dear friends,

Here is 2006 Аnnual Report on the activity of the Federal Service for Intellectual Property, Patents and Trademarks in front of you.

In the past year Rospatent took an active part in the solution of tasks, concerning the protection and enforcement of the intellectual property rights as well as their use within the new National Innovative System building in our country. Within its competence Rospatent has being solved the tasks of development of the science and technology.

During 2006 we have realized the structural changes in our office. The “Institute of trademarks” has been established. Its technological cycle begins from the receipt of the applications for the trademarks, making formal examination, substantive examination and finishes by the registration of license and assignment contracts. That makes possible promptly achieve the goals of our office.

The Unit of the Judicial Representation was formed within the structure of the Federal State Entity “Federal Institute of Industrial Property”. Annually Rospatent takes part in more than 600 lawsuits what reflects the growth of the legal minding of our society.

The Joint Service of Quality was established within Rospatent designed to control, supervise and analyze the processes of making examination as well as to take into account the law enforcement practices.

Such serious changes in this respect are conditioned by three factors.

The first factor relates to the strategic tasks faced by Rospatent due to the increasing number of applications received for intellectual property rights. One of the main strategic tasks is to consider the increasing number of applications without prolonging the time for examination and at a due level of quality. It is obvious the efficiency of quality management system is necessary to solve this task.

Secondly, in 2006 the Federal Law “On procedures to consider the requests of the citizens in the Russian Federation” was adopted and enacted. That requires inventing the means and methods ensuring the citizens' rights while granting legal protection for intellectual property items as well as upon the assignment of such rights.

And finally, the substantive factor requiring the restructure of quality management system was the necessity for improvements as per the WIPO requirements towards Rospatent as the International Searching Authority. The said requirements are based on the ISO standards' recommendations on quality management systems introduced in late 80's and became a cornerstone in the evolution of quality management methods.

In order to achieve maximum transparency of its activity Rospatent has taken a decision to publish applications filed. The next day following the filing, they are being placed in an Open Registry on Rospatent's website. This allows the patent holders, the third and other interested parties to look through the applications submitted to the patent office, to check whether their interests are not infringed and in certain cases timely inform the office on possible violations.

Rospatent has taken a decision to publish all the documents of the Federal State Entity “Chamber of Patent Disputes as well, including the information when the complaint was filed, when the Chamber's board met to release a decision, when it entered into force, when it was signed by the Director General of Rospatent and the content of such a decision. Approximately 500-600 applications to the Chamber of Patent Disputes are appeals on the results of the expertise on such IPRs such as inventions, utility models, industrial designs and trademarks. The Federal State Entity “Chamber of Patent Disputes” annually has considered around 2 000 cases.

I would like to stress that the advanced technological basis of work allow us to relay on our own sources without any extra staff.

In 2006 the Strategy of development of the Federal Service for Intellectual Property, Patents and Trademarks was developed and approved. The Strategy has defined the goals, directions and tasks of Rospatent's development for the period up to 2010 as well as the ways of their implementation.

To achieve these goals the Complex plan of Rospatent's development for the period up to 2010 has been adopted as well as the Thematic plan of R&D.

In order to create the environment for raising the efficiency of legal protection and use of the results of the R&D activity funded from the federal budget, Rospatent took part in drafting the Resolution of the Government of the Russian Federation “On supervising the sphere of legal protection and use of the results of the R&D, experimental, designing and technological activity of civil nature funded from the federal budget” (approved on November 18, 2006).

The Federal Service for Intellectual Property, Patents and Trademarks has developed the Administrative regulations to fulfill the State function “On supervising the sphere of legal protection and use of the results of the R&D, experimental, designing and technological activity of civil nature funded from the federal budget”. The subject for regulation is to set forth the timetable and sequence of actions (administrative procedures) of Rospatent to supervise in the sphere of legal protection and use of the results of the R&D, experimental, designing and technological activity of civil nature funded from the federal budget.

The Russian Federation is a party to 18 of 24 international treaties administered by the World Intellectual Property Organization (WIPO).

In 2006 Rospatent, as a federal body of executive power responsible for supervising and controlling in respect to the legal protection and use of intellectual property items, took an active part in the activity of WIPO bodies dealing with the implementation of those international treaties. Before all, the Patent Cooperation Treaty (PCT) and treaties of the Madrid System of the International Registration of Marks should be mentioned. For more details on that topic one could refer to Part 3 of the Report.

Taking into account the significant role of intellectual property for modern economy Russia has signed the Singapore Treaty on the Laws of Trademarks (STLT).

Generally, in 2006 Rospatent managed to realize a significant amount of tasks confronted before the state as well as to attend the international events concerning intellectual property and uphold the prestige of the office at the international arena.

The data of main financial figures of the activity of Rospatent in 2006 and on the staff of Rospatent as well as of its subsidiaries is shown in Annexes 1 and 2 to the Annual Report.

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

 

 

1.1. Legal Protection of inventions and Utility Models

The legal protection to inventions and utility models is been granted by virtue of the Patent Law of the Russian Federation dated 23.09.1992 № 3517-1 as amended by the Federal Law dated 07.02.2003 № 22-ФЗ (hereinafter referred to as Patent law).

In pursuance of paragraph 5.1 of the Statute of the Federal Service for Intellectual Property, Patents and Trademarks enacted by the Resolution of the Government of the Russian Federation dated 16.05.2004 № 299 with the amendments enacted by the Resolution of the Government of the Russian Federation dated 22.04.2005 № 247, the Federal Service for Intellectual Property, Patents and Trademarks (hereinafter referred to as Rospatent) is organizing the receipt of the applications for intellectual property rights.

According to the Directive of the Government of the Russian Federation dated 31.12.2004 № 1749-r Rospatent incorporates in its structure the Federal State Entity “Federal Institute of Industrial Property of the Federal Service on Intellectual Property, Patents and Trademarks” (hereinafter referred to as FIPS), which makes the works necessary for Rospatent to fulfill its tasks to receive and register the applications for intellectual property rights, to carry out examination, preparation and submission to the applicants and/or their representatives the corresponding notifications and other documents related to the applications.

In 2006 FIPS executed duly entrusted functions on receiving applications for patents and utility models, their registration and examination. The examination of the applications for patents for inventions and utility models have been conducted within a system of examining divisions, including the division of formal examination, division of utility models and eleven expert units united into three subdivisions — chemistry, physics and mechanics.

The results of the year once more have confirmed the effectiveness of such a structure of expert divisions of FIPS. The close link between the technical areas inside each subdivision, determining mostly the common grounds of problematic issues, as well as recently established system of management of divisions allowed raising the effectiveness of development of methodological support of examination, initial and advanced training of experts and in the long run raise the quality of the expertise.

In 2006 the quantity of applications for patents for inventions, in comparison with 2005, have increased by 16, 5%.

Along with the increase of the quantity of applications evident recently the tendency for reducing the time periods of consideration of applications for issuing patents on invention within FIPS was kept. The significant improvements of other procedural figures have been achieved as well, including keeping the paste of mailing the decisions during the year.

Rhythm of performance of a planned target is the important parameter both for applicants, and for FIPS as a whole.

Thus, the achieved results have confirmed that establishing the interconnection between the units on the principle of the close link of themes of applications for patents for inventions and the management of the subdivisions on the principle of common functions of control and analysis over the quality of examination and the functions of developing the basis of examination in all the aspects allow to identify new reserves and increase the volume of the applications considered as well as to raise the quality of examination.

In 2006 the main directions of work connected with the development of processing examination were as follows:

• Developing the system of quality management;

• Developing the methodic basis of examination;

• Developing the technological basis of examination.

The search for the new, more effective forms of examination was made in order to raise the quality of examination and subsequently the quality of patents issued. One of such organizational form was the opportunity of holding the consultations by highly professional leading specialists from the Russian Academy of Science on complicated technical aspects of applications. The corresponding package of guiding documents was developed to regulate the activity of such specialists.

The development of the methodic basis of expertise was ensured, before all, through realizing the approved thematic schedules of scientific and research work.

In 2006 a number of scientific and research works was completed. Those works were aimed at developing some methodological aspects of applications' consideration devoted, in particular, to the specificities of determination of the requirements of patentability of the invention “product”, submitted as a composition, or to the determination of whether the information submitted is enough to identify whether the invention meets the requirements of patentability in the area of chemistry and medicine. As well the study has been continued on the methods of attaching the proposals to the non-invention category in sense of paragraph 2 of Article 4 of the Patent Law.

The transformation in training system of the newly recruited experts in the examination divisions aimed at increasing efficiency of training contributed to implementation of the basic directions for perfection of examination processes. In 2006 a new Uniform System of Expert Training is created, within the framework of which the most skilled and experienced specialists making reports. Use in the Uniform System of Training of new didactic decisions will allow to raise considerably efficiency of achieving the goals of the above System.

As the further perfection of processes of training and improvement of professional skill in examination divisions the preceptor ship, called to accelerate psychological adaptation of the experts employed in FIPS, has been entered to provide their training and the prompt beginning to independent work.

The results of the above mentioned activities as well as other methodic approaches were discussed at the International Scientific and Practical Conference on the problematic issues of the theory and practice of the intellectual property protection held on October 12-13 of 2006.

The FIPS specialists took an active part in numerous seminars and roundtables devoted to the problems of legal protection of intellectual property rights.

In 2006 the Recommendations on the expertise procedures with respect to applications on inventions and utility models were enacted. The Recommendations contained the renewed chapter on the specificities of the procedures of the expertise in the areas of chemistry and medicine under some specific circumstances and two new chapters on the expertise of the inventions in the areas of biotechnology and food industry.

In 2006 the quantity of international applications entered into a national phase in the Russian Federation, increased in comparison with 2005 almost by 20%. This leaded to the continuation of the activities to improve the procedures of consideration of international applications. The interaction with the WIPO International Bureau played an important role especially in the area of documentation exchange. In October 2006 FIPS and the WIPO approved a plan of co-operation on the PCT information technologies. The implementation of this plan would allow raising the level of the system of electronic documentation turnover.

In 2006 the activities on the automation of the processes of conducting the expertise of the applications for inventions and utility models were carried on. These activities included, in particular, the increase of the area of using the electronic archives of applications, wider usage of electronic means of automation, in improving the complex system of automation from the creation of the electronic archives of applications till the improvement the technology of publications and granting the protection documents.

The main figures of the receipt of applications and granting patents for innovations and utility models are shown in Tables 1.1.1 to 1.1.6 and in Annex 3.

 

Table 1.1.1

INVENTIONS: Filings for the Russian Federation Patents

Indices

2002

2003

2004

2005

2006

2006 vs. 2005, (%)

Filed with Rospatent, Total

Including:

29225

30651

30192

32254

37691

116,86

by Russian Applicants

23712

24969

22985

23644

27884

117,93

by Foreign Applicants

5513

5682

7207

8610

9807

113,90

Considered at the stage of expertise and decisions made:

30950

30024

30715

30387

32416

106,68

Decisions on granting, including:

23846

23525

24489

24916

25382

101,87

to Russian Applicants

19800

19338

20333

20749

20323

97,95

to foreign Applicants

4046

4187

4156

4167

5059

121,41

Decisions on refusal, including:

898

524

816

675

768

113,78

to Russian Applicants

846

485

755

632

689

109,02

to foreign Applicants

52

39

61

43

79

183,72

Decisions on withdrawal, including

6206

5975

5410

4796

6266

130,65

to Russian Applicants

4656

4168

3792

3512

4582

130,47

to foreign Applicants

1550

1807

1618

1284

1684

131,15

 

Table 1.1.2

INVENTIONS: The Russian Federation Patents Issued

Indices

2002

2003

2004

2005

2006

2006 vs. 2005, (%)

Patents Issued Total,

Including:

18114

24726

23191

23390

23299

99,61

To Russian Applicants

15140

20621

19123

19447

19138

98,41

to Foreign Applicants

2974

4105

4068

3943

4161

105,53

 

Table 1.1.3

INVENTIONS: Number of Valid Russian Federation Patents as of December 31, 2006

Valid as of December 31, 2005

123089

Patents for Inventions Issued in 2006

23299

Ceased to be Valid in 2006 (upon expiry of the validity term and/or due to non­payment of the patent duty to support the validity)

22506

Valid as of December 31, 2006

123882


Table 1.1.4

UTILITY MODELS: Dynamics of Filings

Indices

2002

2003

2004

2005

2006

2006 vs. 2005, (%)

Filed with Rospatent,

Including:

6696

7622

8948

9473

9699

102,39

By Russian Applicants

6511

7400

8648

9082

9265

102,01

By Foreign Applicants

185

222

300

391

434

111,00

Considered at the stage of expertise and decisions made:

7000

8517

8502

8349

10362

124,11

Decisions on granting, including:

6534

8254

8205

7730

9614

124,37

By Russian Applicants

6341

7993

7943

7423

9213

124,11

By foreign Applicants

193

261

262

307

401

130,62

Decisions on refusal, including:

38

20

10

12

12

100,00

to Russian Applicants

38

20

10

12

12

100,00

to foreign Applicants

0

0

0

0

0

100,00

Decisions on withdrawal, including:

428

243

287

607

736

121,25

To Russian Applicants

424

232

281

589

689

116,98

To foreign Applicants

4

11

6

18

47

261,11

 

Table 1.1.5

UTILITY MODELS: Dynamics of issuing patents of the Russian Federation annually

Indices

2002

2003

2004

2005

2006

2006 vs. 2005, (%)

Patents Issued Total

including:

5611

8311

8503

7242

9568

132,12

By Russian Applicants

5448

8053

8230

6958

9195

132,15

By Foreign Applicants

163

258

273

284

373

131,34

 

Table 1.1.6

UTILITY MODELS: Number of Valid Certificates of the Russian Federation as of December 31, 2006

Valid as of December 31, 2005

28364

Certificates for Utility Models Issued in 2006

9568

Ceased to be Valid in 2006 (upon expiry of the validity term and/or due to non­payment of the patent duty to support the validity)

4899

Valid as of December 31, 2006

33033

 

Rospatent also undertakes the notion of the information on the applications and patent granted to the Russian Federation or the subject of the Russian Federation in 2006 (see Annex 3).

1.2. Legal protection of the industrial designs

The main stages of the procedure of granting the legal protection to the industrial designs were carried out by the examination divisions of FIPS responsible for a formal and substantial examination. The time limits for consideration of applications in 2006 were equal at average 10 months as for the difficult cases the time tables for consideration of applications from the moment of submission till the decision of the expertise were slightly exceeded over 12-14 months.

The new non-paper technology in processes of examination allowed preparing and submitting all the decisions of the expertise for publication in electronic version. It is necessary to note that since 2006 Rospatent started to release an electronic version of the Official Bulletin of Rospatent “Industrial Designs”, containing the information on the patents issued.

In 2006 the level of the receipt of the applications on industrial designs was raised by 12% in comparison with 2005. To a significant degree this increase was due to the raising of activity of foreign applicants.

In 2006 the minimum of public open information subject to obligatory examination when conducting the search on the application on industrial designs included the information on the registered and applied for registration of word, figurative and combined trademarks. The search was conducted in automation regime, mostly on the applications for industrial designs pertaining to labels, packages and emblems.

The dynamics of the submission of the applications and issuing the patents is shown in Tables 1.2.1 to 1.2.3.

 

Table 1.2.1

INDUSTRIAL DESIGNS: Dynamics of Filing the applications for granting patents of the Russian Federation

Indices

2002

2003

2004

2005

2006

2006 vs. 2005, (%)

Filed with Rospatent,

Including:

2344

3104

3453

3917

4385

111,95

By Russian Applicants

1799

2298

2321

2516

2627

104,41

By Foreign Applicants

545

806

1132

1401

1758

125,48

Considered at the stage of expertise and decisions made:

2766

2313

2610

3082

4446

144,26

Decisions on granting, including:

2217

2024

2311

2579

3908

151,53

To Russian Applicants

1782

1530

1724

1726

2317

134,24

To foreign Applicants

435

494

587

853

1591

186,52

Decisions on refusal, including:

93

53

121

81

81

100,00

To Russian Applicants

82

44

100

63

51

80,95

To foreign Applicants

11

9

21

18

30

166,67

Decisions on withdrawal, including:

456

236

178

422

457

108,29

To Russian Applicants

377

199

156

315

384

121,90

To foreign Applicants

79

37

22

107

73

68,22

 

Table 1.2.2

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

Indices

2002

2003

2004

2005

2006

2006 vs. 2005, (%)

Patents Issued Total,

Including:

1920

2153

2229

2469

2675

108,34

By Russian Applicants

1567

1643

1637

1630

1753

107,55

By Foreign Applicants

353

510

592

839

922

109,89

 

Table 1.2.3

INDUSTRIAL DESIGNS: The quantity of valid patents of the Russian Federation as of 31.12.2006

Valid as of December 31, 2005

12646

Patents issued in 2006

2675

Ceased to be Valid in 2006 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

700

Valid as of December 31, 2006

14621

1.3. Legal Protection of Trademarks and Service Marks

In order to improve the activity related to processing applications for trademarks and service marks (hereinafter referred to as trademarks) and issuing certificates on trademarks, registration of contracts, certain reorganization was made. This reorganization aimed at optimization of organizational and technological resources of FIPS divisions under proposed increase of submission of applications for trademarks. As a result of such reorganization the Subdivision of trademarks and registration was established. The Subdivision is responsible for conducting the examination on applications for trademarks, registration of trademarks in the State Register on trademarks and service marks of the Russian Federation, registration of contracts with respect to protected trademarks and consideration of applications of judicial and enforcement agencies, concerning legal protection of trademarks.

In 2006 the number of submitted applications was equal to 52 984, more than in 2005 (47 087) by 12%. At that there was an increase of number of submitted applications both from national and foreign applicants. The time tables, as previously, were equal at average around a year.

The FIPS had being realized a set of measures aimed at improvement of the process of examination, including reduction of labor involvement due to computerizing the process, solving the tasks on access to electronic documents inside the Subdivision of trademarks and registration from the working place of the head of the concrete direction.

Raising the level of the quality of the expertise of the trademarks was ensured by existence of the Open Registry of national applications for trademarks filed by Rospatent since January 1, 2005 and allowing not only to make public the submissions of the applications for trademarks, but also to receive timely information from persons concerned of the possible collisions between the applied item and previously registered trademarks.

The dynamics of submission of the applications for trademarks and the dynamics of the registration of trademarks are shown in Tables 1.3.1 and 1.3.2.

 

Table 1.3.1

TRADEMARKS AND SERVICE MARKS: Dynamics of Filings and consideration of application for registration of trademarks and service marks of the Russian Federation

Indices

2002

2003

2004

2005

2006

2006 vs. 2005, (%)

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

Including:

43258

34954

40877

47087

52984

112.52

By Russian Applicants

29279

20644

23779

26460

29589

111.83

By Foreign Applicants

Including:

13979

14310

17098

20627

23395

113.42

Under the Madrid Agreement

8088

8884

10210

12701

14567

114.69

Considered at the stage of expertise and decisions made:

67387

46621

34312

35254

40321

114,37

Decisions on granting

49814

36537

27548

29291

33197

113,34

Decisions on refusal

151 15

8262

6092

5577

6805

122,02

Decisions on withdrawal

2458

1822

672

386

319

82,64

 

Table 1.3.2

TRADEMARKS AND SERVICE MARKS: Dynamics of Registration of trademarks

Indices

2002

2003

2004

2005

2006

Trademarks and service marks registered

including:

34818

33511

27540

29447

29199

For Russian Applicants

21776

22043

15257

14389

13694

For Foreign Applicants

13042

11468

12283

15058

15505

Including under the Madrid Agreement

8598

6199

7765

10185

10240

Renewals of registrations

4269

3513

3630

3475

4419

including:

For Russian Applicants

1946

1543

1552

1545

2243

For Foreign Applicants

2323

1970

2078

1930

2176

Registration Valid By the End of the Year

145470*

157965*

170570*

186352*

197055*

 

* Without regard for International applications filed under the Madrid Agreement

1.4. Legal Protection of the Appellations of Origin

In 2006, in comparison with 2005, the number of submitted applications for registration and/or for granting the right to use of the appellation of origin increased almost by 1, 5%. At that the number of the registered appellations of origin and issued certificates for legitimate use of appellations of origin was practically unchanged.

The activities in 2006 had shown the necessity of attracting the regional administrations to the resolving the issues on registrations and/or granting rights to use the appellations of origin. That became clear as the participation of regional administrations allowed to keep the traditional production, to use additional incentives for their development, to attract corresponding investment that could accompany the appellation of origin, to achieve wide publicity for certain territory inside the country and abroad.

In 2006 the activities to enlighten the role and significance of appellations of origin as an item possessing the special protection from the state as well as the necessity of their legal protection and enforcement was being activated and became more focused. This issue was considered during the meeting held in February 2006 in the region of Caucasus Mineralny Vody and in May 2006 in the city of Vologda at the roundtable organized by Rospatent and the Administration of Vologda Region, 300 representatives from other regions attended to this event. The Vologda roundtable focused on the matters of individualization of trademarks and appellations of origin as well.

The dynamics of submission of applications and registration of appellations of origin are shown in Table 1.4.

 

Table 1.4

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

Indices

2002

2003

2004

2005

2006

Number of filed applications for registration and granting the right to use of appellations of origin and applications for granting the right of use of registered appellations of origin,

including:

32

62

58

28

41

From Russian Applicants

31

60

58

27

41

From Foreign Applicants

1

2

1

Appellations of Origin Registered

including:

10

15

6

23

21

From Russian Applicants

10

15

6

23

19

From Foreign Applicants

2

1.5. Examination of Applications for Official Registration of Com­puter Programs, Databases and Topologies of Integrated Circuits and Issuing the Cer­tificates of the Official Registration

In 2006 was a record year botrh for the number of submitted applications (5 084), issued certificates of official registration (4 841) and for their absolute (+ 1 214 of submitted applications and + 1 200 of issued certificates of official registration) and relative increase (+ 31,4% of submitted applications and + 33% of issued certificates of official registration) as for 2005. Despite of the big volume of work of FIPS experts, engaged in a technological procedure of official registration, it was managed to keep 2-months time limit for consideration of applications. At that the applicants turned to the expeditious procedure of consideration of applications in 1 295 cases.

The educational entities had submitted 1 087 applications, including 337 by the science and research entities. There were 143 foreign applicants, including 84 from the CIS countries.

At present there is a high interest of developers of programs and databases to the matters of legal protection reflecting in their raising attendance to the conferences and seminars organized with assistance of Rospatent in different regions of the country. In 2006 FIPS experts, dealing with matters of registration of computer programs, data basis and topologies of integrated circuits, delivered reports in Nizhniy Novgorod, Saransk, Tolliatty, Zelenograd, Kirov, Chelyabinsk and Moscow.

The dynamics of the official registration of computer programs, databases and topologies of integrated circuits are shown in Table 1.5.

 

Table 1.5

Number of Registered Computer Programs, Databases, Topologies of Integrated Circuits in 2002–2006

Indices

2002

2003

2004

2005

2006

Total

Computer Programs

2105

2748

2759

3282

4422

15316

Databases

209

270

283

327

389

1478

Topologies of Integrated Circuits

25

50

39

32

30

176

Total

2339

3068

3081

3641

4841

16970

1.6. The registration of contracts to use innovations, utility models and industrial designs

The data on the numbers of registered contracts on the transfer of rights on the protected intellectual property and granting the rights to use them is shown in Table 1.6.1.

 

Table 1.6.1

Dynamics of Registration of License Contracts and Patent Assignment Contracts

Indices

2002

2003

2004

2005

2006

Patent Assignment Contracts

1194

1484

1892

1281

1451

Exclusive License Contracts

184

208

162

167

212

Non-exclusive License Contracts

625

581

495

674

751

Total Number of Contracts Registered

2003

2273

2549

2122

2414

Registered Requests to Grant a Free License

121

169

75

101

63

Published Requests to Grant a Free License

111

158

64

65

82

 

The total number of contracts registered in 2006 increased as for 2005 by 13,7% and was equal to 2 414.

The share of contracts on the transfer of patent in a total volume of registered contracts was equal to 60,1%. The number of contracts on the transfer of patent increased by 13,3% as for the previous year and amounted 1 451 contracts.

The total number of license contracts increased as for the previous year and was equal to 963 contracts. At that the number of non-exclusive licenses as for 2005 increased by 11,4% and was equal to 751, the share of non-exclusive license contracts in a total volume was equal to 31,1%. The number of exclusive license contracts also increased by 27% and was equal to 212 contracts. The share of contracts in total volume of registered contracts amounted 8,8%.

The total number of items protected under the patent legislation in the contracts of 2006 as for the previous year increased by 34,1% and was equal to 3 887 patents, including 2 615 patents for innovations, 347 patents for industrial designs and 915 patents for utility models.

In 2006 the significant increase was marked in demanded inventions in chemistry and petrol chemistry, steel, construction and construction materials, light and food industry and medicine. Insignificant decrease took place in power engineering, electro techniques, electronics, computers and gauge engineering. The dynamics of registration of contracts in certain areas of technology are shown in Table 1.6.2.

 

Table 1.6.2

Distribution of Registration Contracts by Fields of Technology

Fields of Technology

Contracts

2002

2003

2004

2005

2006

Light and Food-Processing Industries

266

362

459

105

160

Mechanical Engineering, Machine-Tool Industries, Tool Production

323

438

410

417

414

Medicine

289

373

276

249

295

Power Engineering, Electrical Engineering

141

128

265

223

220

Chemistry, Petroleum Chemistry

181

297

251

268

500

Electronics, Computer Sciences, Instrument Making

147

153

226

165

157

Metallurgy

87

82

158

69

181

Oil and Das Production

91

124

139

136

100

Construction Engineering, and Construction Materials

81

125

104

108

160

Others

397

191

261

382

227

Total

2003

2273

2549

2122

2414

 

The share of contracts with the participation of physical persons as a transferring side decreased as for 2005 by 50,3% and as a receiving side — by 57,3%. That is an evidence of the decrease of the activity of physical persons in both obtaining the rights for items protected by patent legislation and in their transfer. The dynamics of the activities of the participants of the registered contracts are shown in Table 1.6.3.

 

Table 1.6.3

Activity of Parties to Registered Contracts

Categories of Economic Entities

Proportion of the total number of contracts, per cent

Transferor

Transferee

2002

2003

2004

2005

2006

2002

2003

2004

2005

2006

Physical Persons

34,5

29,3

38,6

33,0

16,4

12,5

10,0

16,3

9,6

4,1

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

8,8

8,2

8,4

8,3

3,1

7

4, 8

3,3

4,0

1,5

Non-governmental Organizations, Including:

56,7

62,5

52,9

58,7

80,5

80,5

85,2

80,4

86,4

94,4

Joint-ventures

0,2

0,2

0,06

Foreign Companies

9,9

11,6

10,1

11,8

14,0

11,5

12,9

11,4

12,6

11,7

Others

4,1

3,4

3,2

2,4

1.7. Registration of Assignment and License Contracts on the Use of Trademarks and Service Marks

The sum-up number of trademarks on which in 2006 the assignment and license contracts were registered increased significantly as for 2005. The noted increase was due to raising the importance of the means of individualization in civil turnover within the territory of the Russian Federation. The data on the number of trademarks on which the transfer and license contracts were registered is shown in Table 1.7.1.

 

Table 1.7.1

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

Type of contract

2002

2003

2004

2005

2006

Trademark Assignment Contract, Including:

4581

4155

3922

4540

5039

From Russian Owners

3381

3104

3002

3524

4061

From Foreign Owners

1200

1051

920

1016

978

License Contracts Including:

3748

4101

4395

5574

8097

From Russian Owners

2826

3024

2875

4310

6142

From Foreign Owners

922

1077

1520

1264

1955

 

The distribution of contracts in belonging of parties is shown in Table 1.7.2.

 

Table 1.7.2

Belonging of Parties to Contracts to the Russian and Foreign Persons

Parties to Contract

Trademark Assignment Contract

License Contracts

2003

2004

2005

2006

2003

2004

2005

2006

The Parties are Russian Persons

2235

2101

2467

3249

1814

1725

2974

5221

The Parties are Foreign Persons

788

690

762

782

278

274

316

293

Transferor is a Russian Persons, Transferee is a Foreign Persons

869

901

1057

812

1210

1150

1336

921

Transferor is a Foreign Persons, Transferee is a Russian Persons

263

230

254

196

803

1134

948

1662

 

In 2006 3 124 contracts of transfer contracts were registered. As a result the exclusive rights were transferred with respect to 5 039 trademarks, including 4 061 or 80,6% of trademarks possessed by the Russian right holders and, subsequently, 978 or 19,4% of trademarks possessed by the foreign right holders (Table 1.7.3).

 

Table 1.7.3

Number of Registered Contracts and That of Trademarks In Respect of Which the Contracts Were Registered

Type of contract

2004

2005

2006

Contracts

Trademarks

Contracts

Trademarks

Contracts

Trademarks

Trademark Assignment Contract,

Including:

2394

3922

2815

4540

3124

5039

From Russian Owners

1960

3002

2361

3524

2624

4061

From Foreign Owners

434

920

454

1016

500

978

License Contracts

Including:

2426

4395

2991

5574

4071

8097

From Russian Owners

1915

2875

2550

4310

3574

6142

From Foreign Owners

511

1520

441

1264

497

1955

 

The license contracts (totally 4 071) were registered in 2006 with respect to 8097 trademarks, the share of trademarks of Russian right holders was equal to 6142 or 75,9% as the share of trademarks of foreign right holders was 1955 or 24,1%, respectively.

In 2006 there still was a tendency of raising the number of trademarks on which the right holders obtained the right to use the trademark (8097 or 61,6% of total number of trademarks) in comparison with the number of transferred trademarks (5039 or 38,4% of total number of trademarks). The comparison with the analogue data of 2005 (5574 or 55,1% and 4540 or 44,9%, respectively) allows to suppose that the right holders, as in previous years, prefer license rather than transfer of the trademarks to get profit.

The activity of the Russian right holders in the area of registration of contracts on trademarks is growing. The share of trademarks possessing by the Russian right holders with respect to which the contracts were registered was stable high (77,7% vs. 77,5% in 2005). The number of registered contracts with respect to trademarks of the Russian right holders increased and was equal to 86,1% of the total number of contracts (vs. 84,6% in 2005).

The share of registered contracts with respect to trademarks of the foreign right holder decreased and was equal to 13,9% of the total number of contracts (vs. 15,4% in 2005). The number of contracts of the foreign right holders increased and was equal to 997 contracts (vs. 895 contracts in 2005).

Analyzing the data on numbers of registered contracts and the numbers of trademarks indicated in contacts, it could be noted that in 2006 the relationship of the number of registered contracts with the number of trademarks was at the level of the previous years and was 1 to 1,6 (with respect to transfer contracts) and 1 to 2 (with respect to license contracts).

In respect to the number of submitted for registration contracts on total transfer or on partial transfer of rights for the registered computer program, data basis and the topology of integrated circuit, information on which contained in Table 1.7.4, there is a decrease in number of contracts to the level of 2004. On one hand, such a decrease could occur because of gaps in legislation the requirement of the obligatory state registration of such contracts, on the other hand, the reason could be in raising the activity on submission of own applications for the official registration of the said items.

 

Table 1.7.4

Number of Registered Contracts

Indices

2002

2003

2004

2005

2006

Всего

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

112
(110)

68
(57)

42
(41)

61
(61)

41
(41)

324
(310)

Contracts for the Partial Transfer of Exclusive Rights

45

39

17

14

4

119

Total

157

107

59

75

45

443

1.8. Resolving Disputes on Legal Protection of Intellectual Property Rights by the Chamber of Patent Disputes

Pursuant to the Directive of the Government of the Russian Federation dated December 31, 2004 № 1749-r Rospatent incorporates the Federal State Entity “Chamber of Patent Disputes” (hereinafter referred to as Chamber of Patent Disputes) which activity in 2006 was carried out in order to achieve the following tasks:

• to protect legitimate rights and interests of the applicants and owners of the protection certificates on the intellectual property items as well as legitimate interests of other physical and legal persons when taken administrative decisions on issues within the competence of the Chamber of Patent Disputes under the Patent Law of the Russian Federation and the Law “On Trademarks, Service Marks and Appellations of Origin”;

• to consider objections and appeals within the competence of the Chamber of Patent Disputes by virtue of the “Regulations on submission of objections and appeals and the procedures of their consideration by the Chamber of Patent Disputes”.

As per statistical indices of 2006 (see Table 1.8.1) the number of submitted objections and claims have increased as for 2005. In order to reduce the time tables of consideration of objections and appeals and to exclude unnecessary delays of consideration the stricter supervision over postponement of consideration of objections and claims was introduced.

 

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

2003

2004

2005

2006

Inventions

406

258

233

295

Utillity Models

58

94

106

119

Industrial Designs

35

33

29

30

Trademarks

2756

1634

1736

2097

Appellations of Origin

7

4

7

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

10

1

4

Total:

3272

2024

2104

2552

 

The data in Table 1.8.2 demonstrates some increase in numbers of adopted decisions on the objections and appeals that was possible due to the absence in majority of cases of the requests to postpone the time of consideration of justified grounds for postponement of the meeting of the Chamber's Board. In 2006 66 cases were closed at the request of the claimant at the stage of consideration of the objections and claims (vs. 21 in 2005). Besides that, 556 requests to the Chamber of Patent Disputes were not accepted for consideration on the grounds of non-compliance with the terms of submitting objections and claims provided for by the “Regulations on submission of objections and claims and the procedures of their consideration by the Chamber of Patent Disputes”. In majority of cases the refusals to consider the cases were grounded on the absence or incorrect document for payment the duty for considering the objections and claims as well as on submission of the objections and claims beyond the time provided for by the law.

 

Table 1.8.2

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

Type of Receipts

2003

2004

2005

2006

Received

Decisions Made

Received

Decisions Made

Received

Decisions Made

Received

Decisions Made

Oppositions To Official Actions

1495

393

636

943

604

624

723

625

Oppositions to the Grant of the Legal Protection

722

110

620

461

642

563

753

639

Requests

1055

277

768

646

858

738

1076

799

Not Recognized as Oppositions and Requests

381

434

0

556

Oppositions and Requests Revoked

166

21

0

66

Total

3272

780

2024

2050

2104

2380

2552

2685

 

The data in Table 1.8.3 demonstrates the distribution of the decisions made by the Chamber of Patent Disputes among different intellectual property rights. The number of decisions made by the Chamber of Patent Disputes in 2006 on trademarks exceeds the number of decisions made on other types of intellectual property items for more than 6 times. In respect with other types of intellectual property items the number of decisions made was stable and kept at the level of the previous year.

 

Table 1.8.3

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

Decisions Pertaining To:

Inventions

Utility Models

Industrial Designs

Trademarks

Appellations of Origin

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

2004

2005

2006

2004

2005

2006

2004

2005

2006

2004

2005

2006

2004

2005

2006

2004

2005

2006

Oppositions to Official Actions

119

102

72

3

6

6

2

2

817

516

545

2

2

Oppositions to the Grant of the Legal Protection

74

85

86

55

80

70

18

16

34

312

374

447

1

6

1

2

Requests

646

736

798

1

2

Total

193

187

158

58

86

76

20

16

36

1775

1626

1790

3

6

3

1

4

0

 

As per data in Table 1.8.4 46,9% of the considered oppositions were accepted and 51,1% were rejected. As for 2005 the number of rejected oppositions considered by the Chamber of Patent Disputes increased due to the lack of the grounds.

 

Table 1.8.4

The Results of Examining Oppositions

Results of Examining

Total

Inventions

Utility Models

Industrial Designs

Trademarks

Appellations of Origin

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

2004

2005

2006

2004

2005

2006

2004

2005

2006

2004

2005

2006

2004

2005

2006

2004

2005

2006

2004

2005

2006

Opposition Satisfied

817

593

531

74

65

38

24

35

29

7

8

16

712

485

447

1

Opposition Not Satisfied

587

482

600

119

108

103

34

44

40

13

4

16

417

320

441

3

4

0

1

2

0

Total

1404

1075

1131

193

173

141

58

79

69

20

12

32

1129

805

888

3

4

1

1

2

0

 

The structure of the decisions made by the Chamber of Patent Disputes on different types of oppositions is shown in Table 1.8.5.

 

Table 1.8.5

Number of Decisions Received and Transmitted as Result of Examining Oppositions

Type of Decision

2003

2004

2005

2006

Official Actions to Applications

Held to Be Valid

177

327

260

333

Changed

73

166

98

76

Revoked

143

443

250

195

Охранный документ

Title of Protection

Invalidated In Full

40

111

146

137

Invalidated In Part

21

98

105

124

Is Held to Be Valid

43

219

216

266

Proceeding Ceased

6

40

112

133

Total:

503

1404

1187

1264

 

The above Table shows that the number of the results of the expertise confirmed by the Chamber of Patent Disputes as a result of consideration of oppositions to the results of the expertise increased drastically almost by 30%. The data in the table demonstrates that the number of the rejected results of expertise decreased approximately by 20%. Thus, the data in the table proves raising the quality on the results of expertise opposed and duly confirmed by the decisions of the Chamber of Patent Disputes.

The significant share of the claims submitted to and considered by the Chamber of Patent Disputes are the claims on the before-the-term termination of the protection of trademarks on the grounds of non-use (see 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

2003

2004

2005

2006

On non-use

Satisfied in Part

73

217

172

256

Satisfied in Full

165

331

317

334

Dismissed

26

43

22

25

Об общеизвестности

On notonety (well-known marks)

Satisfied

19

9

17

Dismissed

3

7

On becoming generic name

Satisfied in Part

Satisfied in Full

Dismissed

2

On General Usage

13

36

215

158

Total

277

646

738

799

 

As a result of consideration of claims on the termination of the protection of trademarks on the grounds of non-use — 590 claims were declined completely or partially, 25 claims were rejected and considerations of 158 claims were cancelled.

In order to attract to the Chamber's boards highly qualified specialists special attestation were held of candidates for inclusion in to Chamber's Boards. As a results of this attestation lists of members of Chamber's Board were formed to be involved to the meetings of the Chamber's Boards as well as to be engaged as members of the Chamber's Board.

1.9. Coordination of the Rospatent Activities with other Federal Bodies of the Executive Power

In 2006 the coordination of Rospatent activities with other Federal Bodies of the Executive Power was carried out in the following directions:

• Law-making process;

• Representation in courts when hearing the oppositions of the decisions, actions (failures to act) of Rospatent or its subsidiary bodies;

• Informational and organizational assistance to the enforcement agencies.

Rospatent took part in the process of coordinating three drafts of the Federal Laws, namely “On amendments to the Federal law “On Seed-farming ”, “On amendments to article 7.12 of the Code of the Russian Federation on Administrative Offences”, “On amendments to the Customs Code of the Russian Federation”.

Within the process of the administrative reform Rospatent started drafting administrative regulations of the Federal Service for Intellectual Property, Patents and Trademarks for implementation the functions of filing the applications for intellectual property rights, their registration, examination (expertise/checking) and issuing patents or certificates of the Russian Federation in due course as well as the certificates on the official registration. The regulations would define the sequence of actions, time tables and procedures of coordination of Rospatent with physical and legal persons when filing the applications, their registration, examination and issuing patents or certificates of the Russian Federation in due course as well as the certificates on the official registration. Rospatent also took part in coordination of two drafts of administrative regulations of implementing state functions by other federal bodies of executive power which competence covers some aspects of intellectual property (Federal Service of Health Supervision — Roszdravnadzor, Federal Customs Service).

Within the process of internal coordination of a number of international treaties Rospatent considered draft Agreement between Russia and Vietnam on cooperation in the area of protection of intellectual property rights, draft Agreement between Russia and Syria on cooperation in science and technology, draft Agreement on common principles in the area of intellectual property rights, draft Agreement between Russia and Slovak Republic on mutual interests when using and dividing the rights on the results of the innovative activity, draft Agreement between Russia and South Africa on the cooperation in research and use of outer space for peaceful purposes, draft Agreement between Russia and Brazil on mutual protection of technologies under cooperation in research and use of outer space for peaceful purposes, draft Agreement on the protection and enforcement of intellectual property rights in Member-States of EuroAsian Economic Community (EurAsEC) .

The second direction of interaction has been realizing by specially established in February 2006 Unit of Judicial Representation serving as joint legal center of Rospatent.

The establishment of this Unit was dictated by the necessity of interaction within joint action center to represent Rospatent and its subsidiaries (FIPS and Chamber of Patent Disputes) in courts of arbitration and in courts of common jurisdiction as well as to supervise over the implementation of the judicial decisions and enforcing measures on matters of intellectual property rights.

The previously existed procedure of representation of Rospatent and its subsidiaries in judiciary bodies on the matters of infringements of the intellectual property right holders as well as on the matters of implementation of judicial decisions and enforcing measures were not adequate because of the lack of coordination. The newly established Unit of Judicial Representation was designed to ensure precise and unique implementation of judicial decisions with respect to intellectual property.

Recently, the development of civilized and stable market economy in Russia, raising the level of competition between producers required the legal activity of the physical and legal persons. That was reflected in growing up of the number judicial appeals for protection of the rights and interests including suits on intellectual property items.

If in 2000 Rospatent and its subsidiaries were involved in 67 cases, so in 2006 Rospatent and its subsidiaries participated in 427 judicial proceedings, including 313 cases on trademarks, 71 cases on inventions, 24 cases on utility models, 16 cases on industrial designs and 3 cases on appellations of origin (see Table 1.9).

 

Table 1.9

The Results of Examining Cases by Arbitration Courts and Those of General Jurisdiction Involving Rospatent In 2006

Subject Matter

Results of Examining Cases

Total Number of Proceedings

Arbitration Courts

General Jurisdiction Courts

Defendant

Third Party

Ответчик
Defendant

Third Party

Not Satisfied

Satisfied

Not Satisfied

Satisfied

Inventions

48

7

10

6

427

Trademarks

236

32

45

Industrial Designs

14

2

Utility models

22

2

Appellations of origin

3

Computer Databases

Total

323

41

55

8

 

As per the practice the courts reject satisfying the vast majority of appeals opposing the decisions of Rospatent and its subsidiaries as such decisions are well grounded.

In respect with judicial cases prescript to withdraw non-legislative acts as well as decisions Rospatent and its subsidiaries it is necessary to note that the share of such cases in the total volume of cases filed is insignificant.

At present the reasons on which the decisions of Rospatent and its subsidiaries are considered by the courts to be illegal are subject to analysis of the Unit of judicial representation.

The informational and organizational assistance to the enforcement agencies was rendered through consideration of requests of such agencies and preparation of written consulting responses, notes and other requested documents. In 2006 Rospatent and FIPS considered 3 149 requests made by bodies of the Ministry of Internal Affairs and Public Prosecutors' Offices, judicial authorities, Federal Antimonopoly Service, including its regional agencies, Ministry of Justice, including Federal Service of Judicial Enforcement, Federal Customs Service, including its regional agencies as well as other state bodies and ministries on different matters.

As per the previous year the number of requests increased from the Federal Service of Judicial Enforcement (1103), Federal Customs Service (580), bodies of the Ministry of Internal Affairs (554), Federal Antimonopoly Service (166), Federal Taxation Service (133), judicial authorities (296), Public Prosecutors' Offices (141), Federal Service on Consumers' Supervision (11) and other state bodies (165).

In response to requests received by Rospatent and its subsidiaries duly and timely submitted the required information and deliberations, when necessary they render organizational and technical assistance. The vast majority of requests deal with:

• submission of notes on the results of the study on the degree of confusion between non-registered signs, labeling of products and registered trademarks, on the adequacy of products, on aspects of patented invention, utility model, industrial design;

• submission of information on registration of either industrial property rights, the volume of protection, references of the protection documents, their validity terms, on initial and further right holders, on licenses, if necessary copies of the required documents were sent;

• clarifications on issues of judicial expertise upon court's decision or investigators' decisions.

In order to raise the quality of judicial expertise in the area of intellectual property and the efficiency of the activity of independent court experts in courts in September 2006 special training was organized for 38 FIPS specialists in the Russian Center of the Judicial Expertise under the Ministry of Justice of Russia.

The specialists were certified on specialty “The basics of the judicial expertise” and received corresponding certificates. The information of such persons placed on the website of the Institute of raising qualification of the Russian Center of the judicial expertise www.ipk-rfcse.ru in the register of the system of voluntary certification of methodological basis of the judicial expertise.

1.10. Cooperation with the Regions of the Russian Federation

In 2006 the interaction with the regions were further carried on in accordance with the Program of Rospatent on the cooperation with the region to ensure the creation, legal protection and use of the results of the science and technology activity.

As it was done previously this activity was based on the provisions of the agreements and contracts on the cooperation with the administrative and business institutions concluded by Rospatent and FIPS.

The agreements with the Government of Mordovia, Administrations of Kurgan and Novosibirsk regions were drafted and concluded.

As of December 31, 2006 there are 22 agreements of cooperation between Rospatent and administrations.

In accordance with the established procedure FIPS FIIP under the recommendations of the administrations concluded contracts on cooperation with “Chuvash science and technology center”, “Chuvash national library”, Kurgan university library named after A.R. Yuogov, South Ural chamber of commerce, Samara regional universal science library.

Thus, by the end of 2006 FIPS has concluded 38 contracts on cooperation with basic organizations in the regions. Some contracts that were expired were subject to re-concluding.

Totally the agreements of Rospatent and contracts of FIPS cover 38 regions of Russia.

However, it is necessary to note the agreements of Rospatent cover not all the regions where FIPS is undertaking the cooperation under contracts (Archangelsk, Belgorod, Kaliningrad, Samara, Kemerovo, Ryazan, Krasnoyarsk, Perm, Chuvashia). As per the experience, the concluding of such agreements endeavor the regional administration to support the basic organizations. On the other hand, administrations of Yakutia (Saha) and Murmansk regions concluded agreements with Rospatent but were inactive to define the basic organization which negatively affect the developments in the area of intellectual property.

The scale of the cooperation of Rospatent with the regions of the Russian Federation is shown in Table 1.10.1.

 

Table 1.10.1

Cooperation of Rospatent with the Regions of the Russian Federation

Federal Districts

Regions Whose Administrations Have Concluded Agreements on Cooperation with Rospatent

Key Institutions in Regions Entered Into Agreements on Cooperation with FSE FIIS

Central

Moscow

Kaluga Region

Orel Region

Tver Region

Tula Region

Yaroslavl Region

The Yaroslavl Center of Scientific and Technological Information (CST)

The Kaluga CSTI

The Orel State Technical University

The Tver Library

The Tula Library

The Belgorod State University

The Belgorod Library

The Ryazan CSTI

North-west

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 Rostov-on-Don State

University

The Sochi State Council VOIR

Volga

Republic of Bashkortostan

Republic of Tatarstan

Nizhni Novgorod Region

Saratov Region

Republic of Mordovia

Bashtechinform

The Izhevsk State Technical University

The Kirov CSTI

The Mordovian CSTI

The Nizhni Novgorod Research Center

The Perm CSTI

Samara University Science Library

The Saratov State University

The Tatarstan CSTI

The Toglyatti Institute “ KNOW TITT and P ”

“Chuvash science and technology institute”

National library of the Republic of Chuva

Ural

Sverdlovsk Region

Chelyabinsk Region

Kurgan Region

NP PP «Innovation» (Ekaterinburg)

OGUP «Uralpatent» (Chelyabinsk)

The Ural Palace of Science and Technology (Ekaterinburg)

Kurgan regional university science library

South Ural Chamber of commerce

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

Khabarovsk Territory

Republic of Yakutia (Saha)

The Khabarovsk CSTI

Total

22

41

 

One of the main components of the Program of cooperation of Rospatent is clarifications and raising public awareness on the patent legislation, laws on trademarks and on other intellectual property rights as well as training of specialists in order to clarify the basic provisions of intellectual property protection laws to the inventors.

In 2006 42 intellectual property related conferences and seminars were organized in the regions of the Russian Federation with the participation of the specialists of Rospatent and FIPS.

In the Central Federal District there were 11 events:

• March 22 — Seminar «Strategic aspects of the protection, enforcement and management of the intellectual property» (Tver regional university science library named after A.M. Gorky, 30 participants);

• Mach 22 — Seminar «Integration of science, education, business and industry: innovative and investment aspect» (Committee of the Federation Council on science, culture, education, health and ecology, Moscow, 67 participants);

• April 14 — Seminar «Contractual relations in the area of creating and use of intellectual property items» (Belgorod state university, 52 participants);

• April 19 — Seminar «Problematic issues of the theory and practice of the protection and enforcement of the industrial property items» (Tula regional university library, 27 participants);

• April 19-21 — «Information patent resources and reform of International Patent Classification» (Tver regional university science library named after A.M. Gorky, 27 participants);

• May 30 — Seminar «Patenting abroad» (Belgorod state university, 20 participants);

• June 21 — Seminar «Intellectual Property — the basis of market economy processes» (Yaroslavl science and technology institute, 30 participants);

• June 5 — 5-th All-Russia science-and-practice conference «Legal protection of intellectual property in modern technologies» (Moscow institute of electronics, Zelenograd, 38 participants);

• October 26 — Seminar «Intellectual Property as an instrument of the market economy» (Tver regional university science library named after A.M. Gorky, 125 participants);

• November 14 — Seminar «Judicial protection of copyright, patent holders and trademarks holders. Judicial practice of enforcement of the intellectual property items» (Tula regional university science library, 48 participants);

• November 29 — Seminar «Problems of the effective use of the intellectual property items in innovative activity of the enterprises» (Kaluga science and technology institute, 80 participants).

In North-West Federal District there were 7 events:

• April 26 — Seminar «Actual issues in the area of protection of innovations and utility models» (St Peterburg science and technology institute, 67 participants);

• May 25 — Seminar «Intellectual resources in entrepreneurship» (Archangelsk regional science library named after N.A. Dobrolyubov, 30 participants);

• May 26 — All-Russia meeting on the matters to ensure legal protection to the means of individualization in the regions of the Russian Federation (Administration of the Vologda region, Vologda, 250 participants);

• June 28–29 — Science-and-practice conference «Actual problems of legal protection and enforcement of intellectual property in the Russian Federation and abroad» (St Peterburg board of patent attorneys along with Russian national library, 50 participants);

• June 10–13 — Seminar «Introduction into effect of the recommendations on holding expertise of the applications for items of medical destination» (CJSC «NEVINPAT», St. Peterburg, 15 participants);

• September 27–28 — Seminar «Patenting of the industrial property items abroad» (St. Peterburg science and technology institute, 16 participants);

• November 29–30 — Seminar «The rights of inventors, patent holders and other persons under patent legislation» (Archangelsk regional science library named after N.A. Dobrolyubov, 30 participants).

In the Volga Federal District there were 11 events:

• February 27-28 — Seminar «Protection of utility models and industrial designs. Problematic issues of the registration of trademarks» (Nizhniy Novgorod Science and Research Center, 41 participants);

• March 24 — Seminar «Actual issues of the theory and practice of the protection of the industrial property items» (Мordovia science and technology institute, Saransk, 63 participants);

• April 4 — Seminar «Problems of introduction of the results of intellectual activity into production turnover» (Izhevsk state technical university, 25 participants);

• April 26–27 — Seminar «Development of intellectual property market in the Russian Federation» (Тоgliatti institute of technical creativity and patenting («NOU ТIТТiP»), 65 participants);

• April 26–27 — Science-and-practice seminar «Actual problems of the enforcement of intellectual property rights for innovations in medicine and pharmacology» (Nizhniy Novgorod state medical academy, 23 participants);

• May 12 — Seminar «Opportunities of patenting of methods of entrepreneurship and other non-technical decisions. Problematic issues of the legal protection for computer programs and databases» (Kirov science and technology institute, 17 participants);

• June 1 — Conference «Counterfeit as a threat to the economic security of Russia» (Nizhniy Novgorod academy of the Ministry of internal affairs of Russia, 253 participants);

• June 22 — Seminar «Actual issues of expertise of trademarks» (Perm science and technology institute, 88 participants);

• October 16–20 — 11-th International science-and-technology conference «Science demanding technologies 2006» (Moscow state academy of fine chemical technology named after M.V. Lomonosov, Samara, 31 partisipants);

• October 19 — Seminar «Actual issues concerning patenting abroad» (Tatar science and technology institute, Kazan, 60 participants);

• November 29-30 — Seminar «Actual issues of the protection and commercialization of the results of intellectual activity» («Bashtechinform» AN RB, Ufa, 40 participants);

In Ural Federal District there were 5 events:

• April 26 — Seminar «Actual issues of the protection of innovations and utility models» (Non-for-profit partnership of patent attorneys “Novation”, Ekaterinburg, 54 participants);

• April 26-27 — Seminar «Judicial practice of the protection of the industrial property items» (Tyumen office of Russian organization of innovators, 51 pdrticipants);

• November 15–17 — Seminar «Actual issues of the protection of intellectual property items» («Uralpatent», Chelyabinsk, 56 participants);

• November 22–23 — Seminar «Transfer of rights on intellectual property items as an opportunity of its commercialization» (Non-for-profit partnership of patent attorneys “Novation”, Ekaterinburg, 51 participants);

• November 15–16 — Seminar «Intellectual property: from reliable protection to effective management» (Administration of Ekaterinburg along with the law firm «Gorodisskiy and partners», 70 participants);

In South Federal District there were 4 events:

• February 2 — All-Russia meeting «Development of competition at the market of mineral water» (Vermont consulting company, Pyatigorsk, 158 participants);

• April 19 — Seminar «Modern legislation in the area of protection and enforcement of intellectual property» (Kranodar science and technology institute, 87 participants);

• April 20-27 — Seminar «Complex of problems of the main principles of choice in technology, technological means and materials when building and repairing of drilling sites» («Drilling», Anapa, 27 participants);

• September 1–2 — Seminar «Use of intellectual property items in innovative activity» (Astrachan regional library named after N.K. Krupskaya, Astrachan, 34 participants).

In Siberia Federal District there were 3 events:

• May 30 — Seminar «Legal provisions regulating the protection of intellectual property» (Novosibirsk, 95 participants);

• September 12–13 — Seminar «Actual issues of protection of intellectual property» (Irkoutsk state university of railroads, 60 participants);

• October 17–18 — Seminar «Overview of the judicial decisions made in the Russian Federation on disputed concerning legal protection of intellectual property» (Novosibirsk, 151 participants).

Totally more than 40 specialists of Rospatent and FIPS took part in conferences and seminars in the Russian regions in 2006.

1.11. Processing Appeals and Addresses of Natural Persons

The activity on citizens' requests in Rospatent was conducted in accordance with the Russian legislation, including the Federal law “On the procedure of considering the requests of the citizen of the Russian Federation” dated 02.05.2006 № 59-ФЗ, Instructions of the Federal Service for Intellectual Property, Patents and Trademarks and its subsidiaries on considering the requests of the citizen and legal persons, enacted by the Ordinance of December 31 2004 № 170/L.

In 2006 Rospatent received 832 requests addressed either to the management of Rospatent or handed over from other state bodies in due course.

223 requests of the citizens, from the total number, the central body of Rospatent has considered, it is by 20% more than was considered in 2005. The reason of such increase is the growth of the total number of requests submitted in 2006. The rest of requests were considered by subsidiaries of Rospatent.

The vast majority of requests in 2006, as well as in 2005, dealt with the motives pertaining to the following three groups: innovation activity (requests for assistance in patenting, introduction and use of inventions, remuneration payments of innovators, issues of developing innovative activity and rationalization etc.), legal issues (protection, infringements of rights for industrial property, requests for clarifications of legal provisions, proposals on amendments of patent legislation etc.), and issues on the expertise of applications for industrial property items. The share of requests containing such motives is equal to 65%, same as in 2005. However, the total number of requests of such kind increased in general because of the growth of number of requests on expertise of applications for industrial property items. All such requests were considered in due course by specialists of Rospatent and its subsidiaries.

The data of the number and motives of requests considered by Rospatent in 2006 is shown below in comparison with 2005.

 

Motives of requests

Number of requests

2005

2006

Innovative activity

57

51

Legal issues (protection, enforcement of IPR)

47

50

Expertise of applications for industrial property items

25

44

Patent duties payments

14

13

Protection documents

5

12

Contracts (registration, disputes)

8

6

Rendering patent-information services

3

Training, work with patent attorneys

4

3

Registration of discoveries

4

3

Publication of data on the industrial property items

1

Others beyond the competence of Rospatent

19

38

Total

184

223

 

In 2006 the vast majority of requests considered was addressed to the management of Rospatent, in particular, 90 requests. 17 requests were addressed to other ministries of the Russian Federation (including 14 to the Ministry of Education and Science of Russia) and the remaining 116 requests (52% of the total number) to the state authorities, in particular:

 

President of the Russian Federation, Administration of the President of the Russian Federation

69

The Government of the Russian Federation

33

State Duma and Council of Federation

10

General Prosecutor's office and judicial authorities

4



All the requests considered by Rospatent, including the letters addressed to state authorities were reported to the Director General of Rospatent or to his Deputies.

10 citizens were welcomed in Rospatent in person on the issues concerning the activity of Rospatent.

All the requests were considered timely, each request was replied with the detailed explanations on the issues concerned.

The activity on the requests of citizens is being conducted in Rospatent on a constant basis in order to let the citizens to enjoy their right to apply to the Federal Bodies of the Executive Power and to raise the quality of the protection of their constitutional rights and legitimate interests.

The Unit of State Service and Staff of the Financial and Administrative Department is responsible for registration and supervision over the work on the requests addressed to the Director General of Rospatent and his Deputies or submitted to Rospatent for consideration from other authorities and organizations.

Taking into account that the majority of issues, raised in the requests of citizens, deals with the examination of applications for industrial property items, the Division of quality control of Rospatent established in 2006 bears the responsibilities on noting, analyzing and summing up of the results of consideration of citizens' requests and preparation of the final documents.

The Division of quality control of Rospatent consists of three FIPS units which activity directly affects the quality, namely:

The unit of supervision and legal support;

The unit of technological support;

The unit of organization of R&D work and training.

One of the priority tasks of the Division of quality control of Rospatent is to consider the requests of citizens and legal persons with amount of rights equal to the physical persons as the interests of the latter coincide with the interests of innovators.

The Division of quality control of Rospatent undertakes the checking with respect to the claims received and elaborates the measures of organizational and methodic character aimed at excluding the violations and reasons of the justified claims. The Division of quality control of Rospatent is guided in its activity by the legislation of the Russian Federation in force, by-laws of the Ministry of Education and Science of Russian and Rospatent.

Pursuant to the requirements of the Federal law Rospatent adopted by virtue of its Ordinance of 02.11.2006 № 233/L the new Instruction on the procedures on consideration of requests of citizens and legal persons within the Federal Service for Intellectual Property, Patents and Trademarks and its subsidiaries, similar instructions were adopted be Rospatent's subsidiaries.

In 2006 the work has been continued in Rospatent on raising the quality of the protection of the constitutional rights and legitimate interests of citizens in the following directions:

• taking note on a constant basis of the opinion of citizens on the law-making activity; as a result of consideration of requests received “databases of proposals” was founded in the Division of quality control of Rospatent;

• attaching special attention to the consideration of requests raising issues of staff incorrect behavior, violations of legislative provisions and the rights of citizens (as a result of consideration of grounded claims staff members involved are being punished respectively);

• constantly informing the citizens of the activity of Rospatent and its subsidiaries placing on Internet site the basic regulatory documents as well as statistical data on the requests received by Rospatent and on the results of consideration (quarterly).

In 2006 Rospatent consisting of central body and subsidiary organizations received 1450 requests, main part amounting 48% was considered by FIPS (1222 requests). Another part (more than 10%) was considered jointly by Rospatent and FIPS (mainly on issues of expertise of the applications for industrial property items, payments of patent duties and contract registration)

The statistical data on consideration of requests in Rospatent and its subsidiaries is shown in Tables 1.11.1 — 1.11.3.

 

Table 1.11.1

Data on distribution of requests received by Rospatent and its subsidiaries on addresses and geography of submitted requests

The requests addressed to

Q-ty

Rospatent

464

Other State power bodies

368

Organizations subordinate to Rospatent

618

The requests submitted from

Q-ty

Regions of the Russian Federation

1368

CIS countries

65

Far-Abroad countries

17

 

Table 1.11.2

The requests received by Rospatent and its subsidiaries from Federal Districts

Federal Districts

Appeals and Addresses From a Federal District

Central

598

North-west

249

South

150

Volga

151

Ural

93

Siberian

100

Far Eastern

27

 

Table 1.11.3

Data on the Number of Requests Received by Rospatent and Its Subsidiaries on Groups of Issues for 2001–2006

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

The Amount of Appeals and Addresses

2002

2003

2004

2005

2006

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

897

772

738

526

579

Inventive Activity

184

217

229

168

207

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

231

227

201

125

157

Legal Issues

101

86

142

121

129

Payment of Patent Fees

286

201

177

95

93

Patent Information Services

92

102

75

54

83

Contracts (Registration, Disputes Between the Parties)

54

31

25

84

61

Publication (Time Limits, Errors)

9

15

9

19

21

Registration of Discoveries

28

15

30

18

16

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

3

6

7

6

7

Personnel Issues and Work of Patent Attorneys

4

4

4

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

29

29

65

60

93

Total

1914

1701

1702

1280

1450

 



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