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Annual reports 2006 - Section 2

 



 


One of the main functions of Rospatent is to conduct monitoring and supervision in the sphere of legal protection and use of the results of scientific and technological activities at the expense of resources allocated from the Federal budget.

In order to perform monitoring and supervising functions, in 2006 Rospatent conducted checks in the sphere of legal protection and use of the results of scientific and technological activities (hereinafter referred to as RSTA) within 30 organizations — performers of the State contracts pertaining to civil­purpose R&D to be carried out at the expense of resources allocated from the Federal budget (totaling to 282 State contracts); in so doing, the major State customers being RAN, Rosnauka, Rosobrazovanie, Rosprom, Roskosmos, Rosatom. Checks were carried out in all 7 Federal Districts of Russia and such cities as Moscow, Saint­Petersburg, Yekaterinburg, Tomsk, Krasnodar, Rostov­on­Don, Gelendzhik, Dmitrovgrad (Ulyanovsk Region), Samara, Saratov, Izhevsk, Kazan, Omsk, Vladivostok, Penza. Those checks produced analytical reports with the indication of drawbacks in the operation of the given organizations in the sphere of legal protection of intellectual property rights and recommendations to eliminate those drawbacks. Attention was given to the fact that in the conclusion of contracts for the performance of R&D at the expense of resources allocated from the Federal budget, State customers disregard those matters relating to the legal protection and use of RSTA. The results of 2006 checks have shown inconsistencies between the maintenance of the State registration of RSTA and requirements set out in the Decree of the Government of the Russian Federation No. 284, dated May 4, 2005, and also the lack of the internal management account. Corresponding analytical reports on the results of those checks were sent to organizations concerned.

In 2007, monitoring in the sphere of legal protection and use of RSTA will be carried out in organizations dealing with rights of the Russian Federation in the results of scientific and technological activities; organizations — performers of the State contracts for the performance of R&D for the Federal needs; Academies of Sciences having the State status; and Federal Institutions that perform R&D for the Federal needs to be financed at the expense of resources allocated from the Federal budget by the estimate of income and expenditure. The total number of checks within the aforementioned organizations will amount in 2007 to 25. The State contracts for the performance of a civil­purpose R&D to be carried out at the expense of resources allocated from the federal budget are subject to monitoring.

In 2006, Rospatent elaborated and submitted to the Ministry of Education and Science of the Russian Federation a draft Decree of the Government of the Russian Federation to approve a model State contract for the performance of R&D including obligations to ensure a high technical level of RSTA, their legal protection, allocation of rights and use, as well as a draft model contract on the conditions of dealing with rights in RSTA, to be concluded between the chief manager or the manager of budgetary resources and the Federal Institutions.

In March and December 2006, Rospatent held the meetings with the participation of representatives of the State customers and organizations — performers of a civil­purpose R&D to be carried out at the expense of resources allocated from the Federal budget, to discuss matters pertaining to the establishment of a single form of the State contract for the performance of R&D, enhancement of the role of structural subdivisions carrying out activities in the sphere of legal protection and use of RSTA, training (retraining) of specialists in the field of patent and license activities for organizations performing a civil­purpose R&D to be financed at the expense of resources allocated from the Federal budget.

In 2006, Rospatent pursued work aimed at improving a statutory and legal basis to implement the State control system, in particular:

• Took part in the elaboration of the Decree of the Government of the Russian Federation “Monitoring in the sphere of legal protection and use of the results of scientific and technological, development and technological works having a civil purpose to be carried out at the expense of resources allocated from the Federal budget”, adopted November 18, 2006, ? 696;

• In order to implement the above Decree of the Government of the Russian Federation, Rospatent elaborated the Administrative Regulations of the Federal Service for Intellectual Property, Patents and Trademarks on the Performance of the State Function “Monitoring in the sphere of legal protection and use of the results of scientific and technological, development and technological works having a civil purpose to be carried out at the expense of resources allocated from the Federal budget”, which was approved by the Order of the Ministry of Education and Science of the Russian Federation, ? 313, dated 13.12.06, and registered with the Ministry of Justice of the Russian Federation.

The following proposals were prepared and submitted to the Ministry of Education and Science of the Russian Federation:

• On the draft conception and text of the Bill “On the Technology Transfer”;

• On the draft conception regarding amendments in the Federal Law “On Science and the State Scientific and Technological Policy”;

• On the draft conception and text “On Amendments in the Budgetary Code of the Russian Federation, ? 145­??, dated 31.07.98”;

• On amendments in the Tax Code of the Russian Federation regarding the establishment of favorable tax conditions to finance the innovative activities;

• On the draft of statutory and legal acts regarding privatization of the State and Municipal property.

Performance by Rospatent of the State function “ Monitoring in the sphere of legal protection and use of the results of scientific and technological, development and technological works having a civil purpose to be carried out at the expense of resources allocated from the Federal budget ” will make it possible to increase the number of applications for intellectual property rights at the expense of R&D performed for the State needs, activate a lawful RSTA turnover, improve the efficiency of using the Federal resources allocated for civil­purpose R&D. The results of these activities in 2006 are shown in Table 2.1.

 

Table 2.1

Applications received and patents granted in 2006 in the name of the Russian Federation or a subject of the Russian Federation

Indices
Inventions
Utility Models

Industrial Designs

Total

Applications filed in 2006

97

24

1

122

Patents granted in 2006

76

26

102

Number of those in effect as of 31.12.2006

163

78

241

 



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