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Annual reports 2006 - Section 3

 





3.1. Rospatent as the International Searching Authority and the International Preliminary Examining Authority

In 2006 Rospatent carried out its work as the International Searching Authority and the International Preliminary Examining Authority within the framework of the Agreement between Rospatent and the International Bureau of the World Intellectual Property Organization (WIPO) concluded for the period October 1, 1997 to 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 28 Contracting States.

In 2006 the International Search was carried out with respect to 733 international applications (including 173 applications filed to the International Bureau of WIPO as the Receiving Office and also with the Receiving Offices of Ukraine, Belarus, Latvia, Moldova, Kazakhstan, the EAPO, Bulgaria, Hungary etc.). Requests to carry out the International Preliminary Examination were received with respect to 124 international applications.

Under the Agreement with the International Bureau of WIPO Rospatent as the International Searching Authority and the International Preliminary Examining Authority in 2006 were also prepared and transmitted 82 Search and Examination Reports to requests received from the Patent Offices of developing countries.

Under Article 15(5) of the PCT, Rospatent carries out the International-type Search with respect to national (regional) applications. In 2006 the International-type Search Reports were prepared as regards 1717 applications filed with Rospatent and 477 applications filed with the Patent Offices of the CIS countries (Kazakhstan, Tajikistan, Kyrgyzstan, and Azerbaijan). In 2006 the International-type Search or Russian-language collection Search Reports were transmitted to the EAPO with respect to 602 Eurasian applications.

In 2006 in accordance with the Agreement between the Federal Institute of Industrial Property (FIPS) of Rospatent and the Turkish Patent Institute (TPI) a total of 1021 International-type Search and Examination Reports were prepared and transmitted to the TPI.

Table 3.1 shows a number of indices for the last five years.

 

Table 3.1

 

Indices
Years

2002

2003

2004

2005

2006

Number of PCT applications for International Search

598

555

616

595

733

Number of International Preliminary Examination Demands

371

227

180

151

124

Number of established International-type Search Reports:

to requests from Russian applicants

1346

982

1146

1096

1717

to requests from the CIS countries

563

539

368

370

477

to the EAPO requ ests

442

568

582

710

602

to the TPI requests

1172

1222

941

880

1021



3.2. 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 the Regulations under the PCT. Under the PCT Articles 2(xv), 10 and Rule 19 of Regulations, 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.

719 international applications were filed in 2006 with Rospatent as a Receiving Office.

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 2006 the European Patent Office was selected as the International Searching Authority for 85 international applications filed; in the overwhelming majority of the cases the applicants preferred to select Rospatent as the International Searching Authority.

Since January 1, 1999, Rospatent as a Receiving Office receives international applications filed using the PCT-SAFE software. Thus, in 2006 Rospatent received 143 such applications, i.e. around 20 per cent of the total number of applications filed (see Table 3.2).

 

Table 3.2

 

Indices
Years

2000

2001

2002

2003

2004

2005

2006

Number of International applications filed

549

581

572

596

544

690

719

Number of International applications filed using PCT-SAFE

35

54

55

96

69

133

143


 

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 2006 a total of 95 Eurasian applications were filed by the Russian applicants.

3.3 Cooperation with the World Intellectual Property Organization

During the year 2006 Rospatent pursued an active participation in the activities of the basic Committees and Working Groups of the World Intellectual Property Organization (WIPO).

To safeguard the interests of the Russian Federation 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: Treaty on Protection of Broadcasting Organizations; priorities of the future work of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications; objectives and basic principals of the special system for the protection of traditional knowledge and folklore carried out with the Intergovernmental Committee on the Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore. Within the framework of the informal session of the WIPO Programme and Budget Committee the specialists of Rospatent took active part in the discussion and adoption of the Programme and Budget for 2008-2009. In the course of discussions on the WIPO Development Agenda, plans of further activity of the Standing Committee on the Law of Patents Rospatent actively adhered to the position of drawing together points of views and interests of the WIPO Member-States, strengthening role and importance of this International Organization, further development of the national systems of intellectual property, harmonization of international law.

The Diplomatic Conference on the adoption of a new international treaty on trademarks (Singapore, March 28, 2006) to be known as “The Singapore Treaty on the Law of Trademarks” successfully closed, which is the next step in further harmonization of the national systems of the trademark law. 183 the WIPO Member-States took part in the Conference including the delegation of the Russian Federation headed by Dr. Boris Simonov, Director General of Rospatent.

The Russian Federation among the other 120 States has signed the Final Act of the Diplomatic Conference.

Within the framework of the development of the cooperation with WIPO the main activity in the year 2006 was aimed at achieving practical results in the implementation of the provisions of the international treaties administered by WIPO as the Patent Cooperation Treaty (PCT), the Madrid Agreement on International Registration of Marks and Madrid Protocol.

Following the results of the negotiations with the WIPO delegation held in Moscow a Cooperation Plan regarding PCT Information Technologies between the World Intellectual Property Organization and the Federal Institute of Industrial Property of the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) was signed on October 27, 2006. Realization of the planned activities will enable to switch totally to the electronic exchange of data on the PCT applications and considerably reduce efforts on carrying out work in this field.

In 2006 for the first time Russian applicants filing international applications for the inventions under the PCT has got the possibility of using two main PCT Forms (Request and Demand) in the editable PDF format.

Updated versions of the Regulations under the PCT, Administrative Instructions under the PCT, and the PCT Receiving Office Guidelines were translated into Russian.

In the framework of the activity of the Meeting of International Authorities under the PCT, Rospatent prepared and submitted to the International Bureau of WIPO an Annual Report of Rospatent on quality management system.

Thus, the certain measures, aimed at ensuring and developing activities of Rospatent as the International Search Authority, International Preliminary Examining Authority, Receiving Office under the PCT at the level responding to world up-to-date demands has been fulfilled.

During the year 2006 the presuppositions for transition to the electronic document exchange with WIPO under the Madrid System of the International Registration of Marks. An Agreement with the International Bureau of WIPO is to be signed in the first half of the year 2007.

Since the end of the November 2006 the number of the main Forms used in the correspondence with the International Bureau and elaborated with Rospatent on the basis of Standard Forms recommended by the Ad-Hoc Working Group on the Legal Development of the Madrid System of the International Registration of Marks have been put into action. The mentioned Forms enable to reduce the efforts of the trademark examiners while carrying out the correspondence on international registrations with the International Bureau of WIPO. The constant annual growth of designations of the Russian Federation in the international registrations in level of 15-20% should be particularly noted.

Further automatization for processing international registrations will indubitably enable to solve the problems arising in this sphere.

A new page relating to the Madrid System of the International Registrations of Marks introducing to Russian applicants all advantages of this system in Russian has been created on the website of Rospatent.

3.4. Cooperation with Foreign Offices

In March 2006 the Memorandum on Establishing a Dialogue on Intellectual Property Rights between the Ministry of Education and Science of the Russian Federation (Rospatent was authorized to sign this Memorandum) and the EU Trade Directorate General was signed. The Memorandum has been prepared in pursuance of Section 1.3. “Intellectual Property” of the “Road Map” on the Common Economic Space Russia-EU.

Under the Memorandum two meetings of experts of the both parties were held in April and October 2006 in Moscow. The European party at these meetings was presented by the EU Trade Directorate General, the EU Enterprise and Industry Directorate General and the European Commission's Delegation to Russia; Russian party was presented by representatives of the Ministry of Economic Development and Trade of the Russian Federation, Federal Customs Service of the Russian Federation, Ministry of Health and Social Development of the Russian Federation, Federal Service for Supervision in the field of Public Health and Social Development, Ministry of Information Technologies and Communications of the Russian Federation, Ministry of Agriculture of the Russian Federation, Ministry of Foreign Affairs of the Russian Federation, and Rospatent. The interested representatives of the right holders were also invited to participate at the second meeting.

In the course of these meetings issues of both legislative and law enforcement character including the copyright issues in the digital environment, unlawful production and distribution of products on optical disks, protection of clinical test data, pharmaceutical products, the EU latest legislative achievements in the IP field, judicial enforcement and enforcement in the field of border measures have been under discussion.

As a result of this work an agreement to continue the cooperation aimed at improving legislative and enforcement of the systems for the protection and safeguard of the intellectual property rights of the parties through the harmonization of regulatory systems with the highest international standards and agreements has been reached. The Parties also agreed to exchange on the regular basis the information on measures having a significant impact on the current legislative and administrative systems of intellectual property rights.

The year 2006 was passing under the chairmanship of the Russian Federation in the “Group of Eight” (G8). Rospatent as a Federal Executive Authority on the Intellectual Property took an active part in the events under the Russian chairmanship. In the course of the Summit of G8 in Saint-Petersburg (July 15 to 17, 2006) the main decisions on priority issues including the Joint Declaration of the Leaders of the G8 States on issues of combating intellectual piracy and counterfeiting have been taken. Rospatent also participated in the preparatory work of the given summary document of the Summit where the most important issues of development of cooperation in the sphere of counteracting infringement in the field of intellectual property and creation of the information and advisory resources in this field were reflected. In the framework of the G8 the Expert Group on combating piracy and counterfeiting was established and representatives of Rospatent took an active part during 2006 in the meetings of thereof.

In 2006 Rospatent continued to cooperate with the Asia-Pacific Economic Cooperation (APEC) aimed mainly at elaboration of the effective measures for the enforcement of intellectual property rights. The representatives of Rospatent took part in the meetings of Intellectual Property Expert's Group of the APEC, the agenda of which also included the discussion of issues on realization of Model Guidelines to combat counterfeiting and piracy.

On September 21, 2006 in Paris (France) the second meeting of the Russian- French Working Group on Intellectual Property Enforcement and fight against counterfeiting, established in 2004 following the decision of the 12-th Session of the Russian-French Council on Economic, Financial, Industrial and Trade Issues (SEFIK) was held.

The Russian delegation headed by Rospatent consisted of representatives of the Ministry of Economic Development and Trade of the Russian Federation, Ministry of Health and Social Development of the Russian Federation, Ministry of Agriculture 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, Ministry of Culture and Mass Communications of the Russian Federation, Federal State Enterprise “Souzplodoimport”, representatives of the Embassy and Trade Representative Office of the Russian Federation in France.

The meeting was held both in the form of plenary discussions and parallel discussion of three subject matter groups: enforcement of intellectual property rights in the agriculture area, fight against counterfeiting in the pharmaceutical industry and relationship between the rightholders and State Authorities.

The meetings of this Working Group pointed out the advisability and readiness of the parties to develop the bilateral cooperation including at the interagency level (between the Ministries of Interior of the both parties, Customs Services, between Rospatent and the National Institute of Industrial Property of France (INPI), Rospatent and the National Institute of the Controlled Appellations of Origin (INAO). Parties expressed their interest in receiving information on the legislation of Russia and France in the sphere of combating counterfeits and enforcement practice, agreed to hold the joint activity between Rospatent and INPI (with participation of the World Intellectual Property Organization) on organization and holding in Moscow the seminar on enforcement and to put into practice the project special exhibition on the problem of counterfeiting.

In March and October 2006 the leaders of the European Patent Office (EPO) paid a visit to Rospatent. In the framework of the meetings issues of further cooperation in the field of information technologies, and also the provisions of the Draft Memorandum of Understanding between the EPO and Rospatent aimed at creation of wide-ranging and flexible mechanism of management and further development of cooperation between Rospatent and the EPO in the field of intellectual property were discussed. The Memorandum is to be signed in April 2007.

It has been finished the work on the project aimed at opening on the Rospatent server of the Russian segment of the search system Esp@cenet, accessible and understandable Russian interface of thereof offers even to unprofessional users an easy access to the patent documentation all over the world.

Work on extension of use of the information search system EPOQUE in Rospatent has been started. A practical step in realization of this goal was a participation of the specialists of the FGU FIPS in the seminar “EPOQUE for Trainers (advanced)” organized by the EPO on November 13-17 in the Hague.

On November 28-29, 2006 the Russian delegation visited the EPO to study the capacity of the latest version of MIMOSA software that enables to put and process the patent information via the Internet.

In the framework of the cooperation with the EPO Academy in 2006 the seminars on various subjects were held in which 47 specialists of FGU FIPS and Russian Universities took part. Among them there is a number of short term training courses organized by the EPO jointly with the State Patent Office of Ukraine for examiners working in the different technical fields. As a result of these training courses the group of examiners was invited to the EPO for training at the advanced level.

During the year 2006 the English training courses successfully carried on where 45 employees of Rospatent enhanced their professional skills.

In 2006 the work on providing data to the EPO related to the international applications entered into a national phase in Russia to complete the data base of the Patent Register of the EPIDOS was continued.

In the framework of development of a bilateral cooperation with the United States Patent and Trademark Office (USPTO) in 2006 Rospatent started to work at the elaboration of a joint project on inviting the Federal Institute of Industrial Property of Rospatent to carry out international search and international preliminary examination for PCT applications filed with the USPTO as an International Searching and International Preliminary Examining authority. Preliminary discussions on the adjustment of the project were held in the course of the forty second session of the Meetings of Assembly of WIPO member-states in September 2006 between the Director General of Rospatent Mr. B.P. Simonov and the Head of the Patent Office of the USA Mr. John W. Dudas, and also at the meeting of the representatives of Rospatent and the American Patent Office held in December in Moscow.

In 2006 the specialists of Rospatent, as in previous years, participated in the training courses organized by the USPTO for representatives of different countries. During the year 2006 young employees of Rospatent took part in four training courses touching different subject matters: in February 2006 – dealing with the IPR enforcement, in May 2006 – with the patents, in June – with the trademarks, and in November- with the industrial designs.

In June of 2006 the delegation of Rospatent headed by Dr. Boris Simonov, Director General, visited China to conduct the bilateral negotiations with the State Office of the People's Republic of China for Intellectual Property (SIPO). In the course of negotiations the Memorandum of Understanding between Rospatent and SIPO was discussed and signed. Within the framework of the visit to Peking a range of meetings with the representatives of the Ministries and Departments of China with the competence in the sphere of protection and enforcement of intellectual property took place. Special attention was paid to the work of Chinese Authorities supporting a small and medium-sized business, in particular, delegation studies the experience of Technological Park “Jonguankun”.

Rospatent delegation also became acquainted with the educational system of the Training Center for Intellectual Property of China which was created in 1993 as well as with contemporary system of the Courts on intellectual property September.

In 2006 the delegation of the State Intellectual Property Office of the People's Republic of China (SIPO), headed by the Deputy Commissioner Mr. HE Hua, paid a reciprocal visit to Rospatent and FGU FIPS. During this visit the issues of mutual interest were discussed: main fields of activity, human recourses policy management, education and advanced training of employees, quality control of the patent examination system management, automatization of examination process, international exchange of information between Rospatent and national patent offices and international organization, etc.

In the course of the visit the delegation visited RGIIS where it had a meeting with the top management of the institute and postgraduate course, visited training room dealing with the infringing products.

Further, in 2006 in the framework of collaboration with the People's Republic of China several meetings with representatives of Chinese enterprises and organizations took place. So in June, at the request of the Embassy of the People's Republic of China, a meeting of specialists of Rospatent with the delegation of Intellectual Property Department at the Administration of the City of Shanghai took place. In October the delegation of the representatives of different enterprises of the People's Republic of China, which came to Russia at the invitation of the Academy of the State Service visited Rospatent. During these meetings the employees of Rospatent shared their experience in enhancing protection and enforcement of intellectual property rights.

In November 2006 Dr. Boris Simonov, Director General of Rospatent visited the Patent Office of Finland and conducted negotiations with the Head of the Office. During the visit a number of meetings with the authorized employees of the Office were held, during which the problems of bilateral cooperation were discussed in details.

The problems of assistance to a small and medium-sized business in the field of intellectual property were of special concern during the negotiations as well as during the visit in China in summer 2006. Rospatent pays special attention to these issues trying to study experience of foreign colleagues to use it in the work with Russian right holders.

In December 2006 upon request of the Patent Office of Vietnam (NOIP) the short training of 10 representatives of the Patent Office was held in Rospatent, FGU FIPS and RGIIS. M-r Hoang Van Tan, Deputy Director General of NOIP, headed delegation of Vietnam. Overwhelming majority of the members of the delegation has already studied in RGIIS several year ago, and many of them has already been postgraduate students. All resent changes in the legislation of Russia, law enforcement practice in the sphere of intellectual property, particular questions of application examination and trademarks registration caused vital interest. The head of the Vietnam delegation, summarizing the results of the training, expressed his opinion, that the information acquired during the discussions and meetings with FGU FIPS and RGIIS was very useful. This experience and knowledge will serve for the benefit of the development of intellectual property protection in Vietnam. An opinion was also expressed, that several spheres of the bilateral intellectual property cooperation between our countries were specified in result of the training.

In 2006 Rospatent in cooperation with other interested authorities took part in coordination on intergovernmental agreements in the part of “intellectual property” including:

• Russian-Indonesian experts consultations on the project of the Intergovernmental Agreement on Cooperation in the Sphere of Space (February),

• bilateral expert consultations on the preparation of the draft Agreement between the Government of the Russian Federation and the Government of the Slovak Republic on Assurance of the Mutual Interests in Use and Allocation of the Rights on the Results of the Intellectual Property (June),

• negotiations on the preparation of the Agreement with Brasilia on the Measures of Technology Protection in Connection with Cooperation in the Outer Space Peaceful Research and Use,

• negotiation of the project of the Agreement between the Government of the Russian Federation and the Government of the Socialist Republic of Vietnam on the Cooperation in the Sphere of Intellectual Property Rights Protection and Enforcement,

• preparation of the Agreement between the Government of the Russian Federation and the South African Republic on Cooperation in the sphere of Peaceful Research and Use of Outer Space (August).

Employees of Rospatent and Federal Institute of Industrial Property, as in previous years, participated in the Organization Committees of the International Exhibitions and the Working Groups for expertise of the Russian exhibits at the International Exhibition of Inventions, New Technologies and Producs in Switzerland (Geneva, April), at the International Salon of Inventions “Lepin Competition” in France (Paris, April-May and Strasbourg, November), at the International Exhibition in Germany (Nuremberg, November), at the World Salon of Inventions “Brussels-Eureka” (November), at the International Exhibition in Seoul (Republic of Korea, December)

3.5. Cooperation with the CIS Countries

In accordance with the Agreement on the Release of Joint Regional Patent Information Product on the Optical CD-ROM Discs, the Regular Meeting of the Coordination Council of the Project on Industrial Output of the Patent Information Product of the CIS Countries was organized and held, where the work of the Rospatent and the Eurasian Patent Offices on the creation of the integrated network with a summary index with references to web-sites of Rospatent, the EAPO, the EPO, WIPO took a favorable view, the work plan for 2006 was adopted. The decision to provide an access for the foreign users to the English part of information “CISPATENT” through free database of the EAPO to popularize regional Patent information product was taken.

Within the framework of the Agreement on the Measures to Protect Industrial Property and Establish the Interstate Council for Intellectual Property Protection in June 2006 in Cholpon-Ata (Republic of Kyrgyzstan) the 15th Meeting of Intergovernmental Council for the Protection of Industrial Property was held. Dr.Boris Simonov, Director General of the Federal Service for Intellectual Property, Patents and Trademarks, authorized representative of the Russian Federation, was elected for the next three years term as a Chairman of the Council. The issues related to development and growth of cooperation efficiency between the CIS Member-States in the field of intellectual property as well as activity enlargement of the Intergovernmental Council for the Intellectual Property Protection to the Copyright and Related Rights were examined at the meeting.

In the reported period two meetings (12th meeting — in Minsk, 13th meeting — in Moscow) of the Joint Working Commission of the CIS Members-States were held within the framework of the Agreement on Cooperation for Combating Intellectual Property Infringement. At the 12th meeting Dr. Boris Simonov, Plenipotentiary Representative of the Russian Federation, Director General of Rospatent was elected as a Chairman of the Commission.

During sessions the issues concerning analyses of intellectual property infringement, elaboration of methods of their detection, prevention and investigation, creation of specialized task groups on intellectual property infringement under the Enforcement Authorities and other authorized bodies, program for development of professional skills for judges, employees of the Ministry of Internal and the Public Prosecutor's Office, coordination of the state power branches aimed to restraint of the law violation in the sphere of intellectual property were discussed. The question of possibility to keep a Single Register for objects of copyright in the Member-States of the Agreement was considered. The problem, concerning the regulation of signs used for a long time on the territory of the former USSR by the producers for identification of their products and which till now still remain popular among the consumers and are registered as a trademark on the territory of the Member-States of the Agreement was discussed.

In December 2006 the working meeting of representatives of Rospatent and the National Center of Intellectual Property of the Republic of Belarus was held in Rospatent. In the framework of the meeting the participants shared their experience in the sphere of commercialization, evaluation, control over the market of intellectual property objects as well as the questions of legal protection and use of results of scientific and technical activity in the Russian Federation and the Republic of Belarus.

3.6. Cooperation with the Eurasian Patent Office

In 2006 the representatives of Rospatent took part in the 11th session of the Working Group on Budget of the Administrative Council of the Eurasian Patent Organization (EAPO), as well as in the work of the 18th (13th regular) session of the EAPO Administrative Council.

During the session the Administrative Council worked out the recommendations on the further loading of retrospective and current patent documentation to the Eurasian Patent and Information System by the EAPO Member-States and considered the issues of the current activity of the Standing Working Group for the Information Technologies of the EAPO Administrative Council.

In September 2006 the delegation of Rospatent took part in the work of the International Conference “World Patent System: State and Challenges” devoted to the celebration of the 10th Anniversary of the Eurasian Patent Organization. Dr. Boris Simonov, Director General of Rospatent, made a report: “Formation and Realization of the State Policy in the field of the Legal Protection and Use of the Intellectual Property Rights in the Russian Federation. The Role of the Patent Office, Tasks and Perspectives of Development”.

In November 2006 the working meeting within the framework of the Protocol on Technical Assistance to the Agreement between the EAPO and Rospatent on Cooperation in the Field of the Legal Protection of the Inventions was held during which the issues of cooperation on reforming the International Patent Classification, issue of official publications and use of the modern standards for patent information processing, storage and dissemination were discussed.

 



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