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Annual reports 2006 - Section 6

 



 

6.1 Scientific Activity of Rospatent and FIPS

6.1.1. Scientific activity

The scientific activity within Rospatent in 2006 was aimed at achieving the following:

• improving enforcement practice with respect to the legal protection and use of intellectual property rights;

• studying organizational and methodic basics of management of the quality of work pertaining to granting the legal protection to the intellectual property rights;

• improving computerization of main processes of new approaches of administering the budget incomes and creating joint system of accounting fees for different types of intellectual property rights.

In 2006 FIPS made scientific researches on 30 topics in order to solve those main and other tasks. On 11 researches the final reports have been released.

FIPS has made those researches on three major directions, including:

• in respect to legal matters the proposals to amend the patent legislation were drafted in order to harmonize Russian legislative provisions with the EU legislation, including the provisions on access on third interested parties to materials of applications for intellectual property rights, proposals on the term of legal protection of inventions related to medicines, pesticides and agrochemicals;

• in respect to information technologies and computerization the program has been developed to prepare notifications on positive decisions related to claims and oppositions on the termination of the legal protection for trademarks, appellation of origin and well-known marks. The program of automation of accounting of operators' productivity while transforming the materials of application submitted in paper copies into electronic version in order to optimize the number of experts involved;

• in respect to economic and organizational matters the researches have been made to identify the most balanced mechanisms of allocation of intellectual property rights, created by enterprises within private-public partnership, to develop recommendations for entrepreneurial entities to fix the rights and protection of commercial secrets, to draft proposals for improving legislative provisions aimed at raising the effectiveness of using the results of scientific and technological activity of enterprises within special economic zones.

The results achieved have been used while drafting the legislative documents regulating the issues of access to the materials of applications for intellectual property rights, while making proposals to improve the management of quality of proceedings for granting legal protection of the intellectual property rights as well as while preparing and use of information resources.

The results of scientific and research activity are being made public constantly in overviews, journals and in reports presented to science-and-practice conferences, seminars etc.

In 2006 10-th Scientific and Practical Conference “Status and perspectives of legal protection, enforcement and use of intellectual property rights” took place, the main aspects of the reports of 5 science and research studies were represented, overviews, articles and brochures were published in journals “Patents and Licenses” and “Intellectual Property”.

The Science and Technology Councils (STC) of Rospatent and FIPS established as consultative bodies for Rospatent's Director General and FIPS Director are playing the key role in resolving the above mentioned tasks.

The STC of Rospatent was renewed and enacted in February 2006.

The STC of Rospatent consists of either Rospatent and FIPS staff members or the representatives of the Ministry of Science and Education, the Ministry of Defense, Federal Service on Science and Technology, Chamber of Commerce, educational entities, including the Russian State Educational Institute of Intellectual Property, Moscow State University, public organizations such as the Association of Patent Attorneys etc.

The STC includes 76 members, 9 of them are doctors of science, 32 – candidates of science and 16 academicians of public academies of sciences.

Totally in 2006 6 joint STC meetings took place, 15 problem issues, reports and information were discussed and corresponding decisions and recommendations were adopted.

The STC has considered, inter alia, the following most important issues: Development Strategy of Rospatent up to 2010 (report of Dr. Boris Simonov, Director General of Rospatent), draft plan for Rospatent to implement the Development Strategy (report of Olga Alekseyeva, Deputy Director of FIPS) on measures aimed at raising transparency of Rospatent's activity (report of Dr. Boris Simonov “On the results achieved and efficiency of budget expenditures in 2006”).

The specific attention was attached to legal issues aimed at improving the legal protection of industrial designs, utility models and inventions in chemistry.

The actual matters pertaining to information technology considered include realization of the project to computerize the Rospatent's activity in respect to protection of trademarks, non-paper technology and information support of the Russian regions.

Jointly Rospatent and FIPS have considered the results of scientific researches on the topic “Development of system of state control in legal protection and use of the results of R&D at the expense of Federal budget” (report of Alexey Gvinepadze, Deputy Director of FIPS) and the report of Elena Utkina from FIPS on enforcement in chemistry and medicine.

The STC regularly considered the outcome of the science-and-technology conferences and seminars (for details see subpart 6.1.2).

Aside of plenary meetings of STC the following sections took place: “Issues of legal protection and examination of intellectual property rights”, “Information technologies and computerization”, “Economic and organizational issues”.

11 meetings were held to consider more than 30 issues. The special attention was attached to enforcement in chemistry, protection of industrial designs, non-paper technologies, combating the counterfeit products.

The wide discussions of those issues allowed raising the quality of legislative documents, to pinpoint R&D correlated with the Development Strategy of Rospatent, to strengthen supervision over the results achieved, to identify matters to be studied and decided upon.

6.1.2. Conferences, seminars, roundtables

Along with training seminars Rospatent holds in Moscow annual conferences, seminars, round tables with the participation of international organizations and other states.

The significance of those events is hard to be overestimated as they allowed:

• to exchange of the practical experience on issues of legal protection of inventions, utility models, industrial designs, trademarks, copyrighted items among a wide range of participants, including Rospatent's experts, patent attorneys, inventors, representatives of other state bodies, judicial system, educational and academic entities as well as experts from international organizations (in particular, WIPO, the EPO, the EAPO) and foreign states;

• to inform the participants on the results of R&D made by FIPS on issues pertaining to legal protection of intellectual property rights, transfer of rights, enforcement, prevention of unfair competition, development of information technologies, economic and organizational issues in intellectual property;

• to disseminate the public awareness of the role and significance of intellectual property and its legal protection;

• to improve the training processes as the vast majority of participants attending the events could have the information and clarifications on many aspects of Rospatent's competence directly from top management and specialists of Rospatent.

Here is the general information of the most significant events held in Moscow.

March 29

The Conference and a roundtable held within the framework of IX International Salon “Archimede-2006” in Sokolniki and devoted to the actual matters of the theory and practice of the protection and use of intellectual property items.

The representatives of All-Russian Society of Inventors and Innovators (VOIR), Moscow Chamber of Commerce, Parliamentary Center at the State Duma of the Russian Federation, city of Moscow, Moscow region, St. Petersburg, Astrachan, Izhevsk, Krasnoyarsk, Stavropol, Tambov, Tver, Tula, Rostov-on-Don and other cities of Russia as well as the representative of patent offices from Armenia, Moldova and Romania attended the Conference and the roundtable. Patent attorneys, industry, science entities and the press took part as well.

The total number of participants was around 80, including visitors interested in certain reports as of their interests.

October 11-12

10 th Scientific and Practical Conference “Status and perspectives of the legal protection, enforcement and use of intellectual property rights” took place at the premises of Rospatent and FSE FIIP.

The representatives of international organizations (WIPO, the EPO, the EAPO, EU Delegation in Moscow, ISTC), foreign state patent offices (Belorus, China, Kyrgyzia, Moldova, Poland, Ukraine, Finland, Japan), Federal Patent Court of Germany, embassies of the USA, China, France, a number of state bodies (Council of Federation of the Russian Federal Assembly, Parliamentary Center of the Federal Assembly of Russia, Moscow Arbitration Court etc.), public organizations and associations (VOIR Republican Council, Association of patent attorneys, Russian association of trademark holders, Russian copyright society etc.), Russian Academy of Science, high education entities, R&D institutes, industry, information centers and other bodies of Russian regions, certain foreign organizations, firms and companies attended the Conference. Rospatent, FIPS, Chamber of Patent Disputes, Russian State Educational Institute of Intellectual Property as well as its students took an active part too.

The total number of the participants of the Conference was around 400, including 12 from foreign countries, 13 from the CIS countries and 42 Russian regions.

The Conference included two general plenary meetings and 5 sections, in particular “Issues of legal protection of intellectual property rights”, “Issues of collision and enforcement of intellectual property rights”, “Issues of appearing, use and transfer of rights on the results of science and technology activity”, “Issues of development of innovations and their use in medicine and biotechnology”, “Issues of legal protection of IT technologies”. Within sections there were 5 plenary meetings and 5 roundtables.

As the outcome of the Conference specialized compendia of overviews of reports delivered by participants was released. The full texts of reports were published in journals “Intellectual Property” and “Patents and Licenses”.

The solid proves of the significance of the conferences held are the numbers and wide representation of participants as well as their estimation of the events. Some data of the participants for 8 years is given in Table 6.1.2.

 

Table 6.1.2

The total number and representation of certain participants' categories

Years

Total number of participants

Russian regions presented

International Organization presented

Foreign countries presented

CIS

Others

1999

216

15

1

2

2

2000

235

26

3

6

4

2001

252

30

2

4

4

2002

284

23

2

6

4

2003

340

33

6

8

11

2004

368

39

2

6

1

2005

370

40

7

10

21

2006

390

42

5

5

7

6.2. Training and Enhancing Professional Skills of Specialists in the Field of Intellectual Property

The main tasks in training and raising qualification skills of specialists in intellectual property in 2006 related to the adaptation of the existing system of continuous process of training and raising qualification skills of FIPS specialists to the new requirements of raising the quality of expertise in anticipation of growth of number of applications for intellectual property items as well as to the rise of the level of knowledge in intellectual property for specialists of aside organizations in order to prepare a high quality applications.

6.2.1. Training and raising qualification skills of FIPS specialists

Training and raising qualification skills of FIPS specialists were realized within the Joint system of training (JST) using external and internal forms.

Internal forms of training

Training for the beginners of FIPS in 2006 went on according to the two-stage centralized program.

The first stage program was designed for all specialists working not more than 4 months and included training on the basics of the intellectual property protection and the structure of Rospatent and FIPS (lectures for 13 hours). 148 specialists took that training course, including 76 experts, 6 scientific specialists, 2 librarians and 64 engineering and technical staff.

The second stage program was designed for the beginning experts of sector R&D units working from 6 months to 1 year (practical training on the topic “Substantial examination of invention” during 20 hours). 33 beginning experts took that training course.

Training of newly hired experts in the basics of electronic patent information resources used in sector expert R&D units while making searches went on 56 persons took that training course.

In 2006 the work of supervisors over new experts was raised at a new level, the Regulation of the supervisors' activity in expert units of FIPS was approved. The Regulation envisaged strengthening the requirements to supervisors and terms of remuneration upon the results. Basing on the Regulations 92 contracts on supervision in 14 expert units were concluded and 92 newly hired experts obtained the supervisors.

6 centralized training courses for the management of the structural units of FIPS and experts were held in 2006. The courses were on the actual issues arising from the practice of examination as well as the training on the topic “Labor legislation and staff proceedings” (6 hours).

External forms of training

In 2006 23 specialists, including 15 experts and 8 scientific specialists, took training courses and obtained diplomas in the Russian State Educational Institute of Intellectual Property on the program of professional upgrading.

In 2006 Rospatent jointly with the Russian State Educational Institute of Intellectual Property has being created the new programs for professional upgrading at 3-staged system. In October 2006 within this system 1-st stage experimental training was launched in respect to 45 state patent newly hired experts examining application for inventions, utility models and industrial designs. The detailed information on the continuous 3-staged system of training is given in subpart 6.2.3 of the present Part.

20 FIPS specialists are being trained in the Russian state institute of intellectual property as lawyers and economists according the programs of high professional education.

10 specialists are being trained in the aspirant faculty of the Russian state institute of intellectual property, 5 of them were recommended by FIPS and the other 5 are being trained by self initiative.

Training in foreign languages courses. 45 Rospatent's specialists completed the training English language courses funded by the EPO.

Distance training . 62 FIPS specialists have obtained the Certificates of WIPO Academy upon the successive completion of the WIPO Academy course “The basics of intellectually property”.

38 FIPS specialists took training courses on “The basics of judicial expertise” and obtained respective Certificates in the Russian Federal Center of Judicial Expertise at the Ministry of Justice of the Russian Federation. The information on such specialists is placed at the website of the Institute of upgrading of the Russian Federal Center of Judicial Expertise www.ipk-rfcse.ru in the register of the system of voluntary certification of methodological support of judicial expertise.

6.2.2. Upgrading and Dissemination of Knowledge in the Field of Intellectual Property for Specialists of Aside Organizations

Distance training in the Russian language on the WIPO Academy program “The basics of intellectual property” in Russia and other countries.

Two sessions of distance training on the WIPO Academy program “The basics of intellectual property” in the Russian language for Russia and other countries were held in 2006.

Totally 1582 people were registered for training in 2006, 825 of them successfully completed the training course and obtained the WIPO Academy Certificates.

The data on the results of distance training in the regions of the Russian Federation is given in Table 6.2.2.1 and in Annex 5.

 

Table 6.2.2.1

The Results of distance training under the WIPO Academy Program «Basics of Intellectual Property» in 2006

Territory

Number of Persons Trained

Spring Session

Autumn Session

Total Per Year

Moscow and St.-Petersburg

92

156

248

Russian Regions

160

178

338

CIS Countries

115

117

232

Far Abroad Countries

3

4

7

Total

370

455

825

 

Training patent specialists and entrepreneurs

126 patent specialists and entrepreneurs completed training courses on the programs “Issues of copyright enforcement”, “Patenting of intellectual property rights abroad. Amendments to the procedures”, “Peculiarities of patent protection of inventions in chemistry, medicine and biotechnology”.

Organization and holding of study visits of the specialists of patent offices

13 specialists of patent offices of Belarus and Kazakhstan took individual study visits in FIPS in 2006.

Practical training of students

FIPS has organized and held practical training (general, diplomas, procedural) for 102 students from the Russian State Educational Institute of Intellectual Property (87 students), Moscow State Open University (1 student), All-Russian Academy of Foreign Trade (1 student), RGGU (11 students), Institute of International Law and Economics named after A.S.Griboedov (2 students).

Activity in respect to patent attorneys

In 2006 Rospatent went on the certification and registration of patent attorneys.

The Russian State Educational Institute of Intellectual Property (RGIIS) is entrusted the responsibilities of the examining council of Rospatent's qualification commission. The examining council reviewed the examination requirements as well as new training programs for candidates to be patent attorneys were elaborated with the participation of professors of the RGIIS.

130 candidates to be patent attorneys took part in qualification exams held in FIPS in 2006. 47, 7% of those candidates were certified to be patent attorneys. In comparison with the previous year the latter indicator was reduced by 17, 3%

The results of certification of patent attorneys are given in Table 6.2.2.2.

 

Table 6.2.2.2

Results of Certification of Patent Attorneys

Indices

2002

2003

2004

2005

2006

Admitted to Pass Exams

124

118

127

163

130

Certified

60 (48,4%)

74 (62,7%)

69 (54,3%)

106 (65,0%)

62 (47,7%)

Rejected

64 (51,6%)

44 (37,3%)

58 (45,7%)

57 (35,0%)

68 (52,3%)


 

 

In 2006 the corps of patent attorneys increased by 93 persons and is equal to 1119 patent attorneys included in the State Registry (22 patent attorneys were excluded from the register for non-compliance with the respective requirements).

The data and dynamics of registration of patent attorneys, living in Moscow, St.- Petersburg and regions of the Russian Federation for the last five years and generally for the whole period of patent attorneys' existence are given in Table 6.2.2.3.

 

Table 6.2.2.3

Dynamics of Registration of Patent Attorneys in Regions

Region

2002

2003

2004

2005

2006

Total for 1993–2006

Moscow

36

37

42

41

73

675

St. Petersburg

8

9

6

7

8

162

Other regions of Russia

16

22

18

16

23

282



The distribution of the number of patent attorneys in Federal Districts and Russian regions is given in Annex 5.

6.2.3. Russian State Educational Institute of Intellectual Property: Training and Upgrading the Specialists in the Field of Intellectual Property

Scientific activity

In 2005-2006 academic year the structure of the State educational entity of high professional training, Russian State Educational Institute of Intellectual Property (hereinafter referred as to RGIIS), included three faculties: law, economics and management, off-presence, additional and off-high education, thirteen divisions – Civil law and intellectual property legal protection, Copyright, related rights and private law disciplines, State law, Criminal law and procedure, Patent and information researches and examination, Economics and commercial use of intellectual property, Management, Economic theory and state regulation, Sociology of innovations and humanitarian disciplines, Sociology of the management of intellectual property, Information technologies of intellectual property, Foreign languages, Physical culture, health and security of live.

The total number of the professors is equal to 77, including 14 doctors of sciences and 44 candidates of sciences.

The training of students was held in different forms: by-presence – 534 students, mixed-presence – 204 students, off-presence – 184 students.

Within the additional education the training was held on such traditional trends as professional reorientation and upgrading. The preparatory faculty was working successfully too. The programs on different aspects of legal protection and enforcement of intellectual property possess the important place among the programs for professional reorientation and upgrading. In particular, the programs on topics “School “Trademarks”, “Training candidates to be patent attorneys”, “Evaluation of enterprise (business)”, “Intellectual property in innovation activity of the enterprise” have been realized.

The study visit on the topic “Specificities of legal protection of secret innovation” was of great interest. Within this study visit the practical training was held for 40 experts designated to consider applications for secret innovations.

The upgrading specialists dealing with prevention of infringements of intellectual property rights went on. Thus, in St.- Petersburg a two-week course combined with practical training was held for 20 specialists dealing with identification of counterfeit products. The participants were provided for with respective methodic recommendations for identification of such products, for making expert conclusions etc.

In 2006 the RGIIS and FIPS have conducted joint activities on development the new programs of upgrading within 3-leveled system:

1-st level: the patent expertise and patent information (for experts considering applications for inventions, utility models, industrial designs) and the expertise and information search (for experts considering applications for trademarks and appellations of origin);

2-d level: legal protection of intellectual property rights;

3-d level: patent researches and economics of the intellectual property.

The methodological principles of educational process were changed accordingly for better understanding of the materials on the subject. Highly professional professors of the RGIIS delivered the theoretical materials through lectures; practical training and simulations were held within small groups formed upon the subject of applications considered by the experts engaged in training. For practical training the highly experienced experts (professors-practitioners) were involved. The educational materials for practical training were elaborated by professors-practitioners on the basis of real examples of expert practice. Such a form of training allows raising the quality of training, to make it close to reality and upgrade the professional skills of experts.

In October 2006 on a program of 1-st level the experimental training of 45 state patent newly hired experts considering applications for innovations, utility models and industrial designs was launched.

The total number of trainees within the professional reorientation in 2006 was equal to 150 participants and within upgrading – around 240 participants.

The structure of the RGIIS includes an aspirant faculty to train scientists and professors. In 2006 it celebrated its 35-th anniversary. 985 people completed training in it during the whole and remarkable period of existence. 317 participants successfully defended their degrees, including 201 in law, 75 in economics and 41 in sociology, for the period of work of dissertation councils (in 2006 at the Russian State Educational Institute of Intellectual Property there were 3 dissertation councils - ? 401.001.01, ? 401.001.02, ? 401.001.03).

One of the main tasks of the aspirant faculty of the RGIIS is the preparation of scientific staff for Rospatent. During the recent years, including 2006, 16 dissertations works were made and successfully defended by specialists representing the Federal body of executive power on intellectual property. In 2006 the training was conducted in three occupations: 12.00.03 – “Civil law, matrimonial law, entrepreneurship law, international private law”, 08.00.05 – “”Economics and management of the peoples' economy”, 22.00.08 – “Sociology of management”. The total number of trainees was equal to 227 people. 40 participants defended on all three occupations. In 2006 66 participant and 16 potential defendants were admitted to the faculty.

The scientific activity of the RGIIS was conducted in accordance with the Charter of the Russian State Educational Institute of Intellectual Property and in pursuance of the Federal Law “On Science and the State Scientific and Technology Policy”

The scientific activity was conducted in different forms and on different scientific directions. Characterizing the scientific researches of the institute's scientific community in general, they should be considered as applicable scientific researches. The scientific directions for conducting researches are surely defined by general orientation of the institute.

The main form of the scientific activity is conducting the scientific researches related to the training process. Within this form the students and professors have conducted scientific researches aimed at preparation of courses' and diploma's works, discussion papers, dissertations for scientific degrees of candidates of science, scientific reports for conferences held in the RGIIS.

Another form of the scientific activity of the RGIIS is scientific activity of professors' staff. It is realized either within scientific activity related to the training process or within R&D activity of the institute in general. Besides that, it is realized, proceeding from its creative character, by professors-scientific researchers themselves. In 2006 the professors' staff prepared and published around 50 scientific works (training and methodic complexes, training manuals, articles etc.).

Many professors of the RGIIS are heading the scientific activities of the trainees of the aspirant faculty.

Scientific researches of students

The scientific activity of students is being realized (with minor exclusions) only within the training process and generally in traditional forms. However, in 2006 a new form of students' scientific discussion club was probated. There were three such clubs.

One more form of the scientific activity of the RGIIS is the activity of dissertation councils established at the institute. The results of such councils were mentioned above.

The fourth direction is the R&D activities. In 2006 within the State contract with the Federal Customs Service the research named “Study of ways raising effectiveness of enforcement of intellectual property rights by customs authorities” was made. The research on affecting of copyright to the Russian economy was completed. This research was initiated and funded by WIPO and envisaged in a special agreement between Rospatent and WIPO.

Science-and-practice conferences

Within the framework of scientific activity of the RGIIS in 2006 three conferences were held. Two of them were detached to the World Intellectual Property Day – International conference “Joining of Russia to the WIPO treaties. Status and perspectives” and “Intellectual property. Today and tomorrow”. Besides that, within the framework of the Days of intellectual property a seminar devoted to copyright-related issues took place. In October 2006 the conference devoted to 35-th Anniversary of the post-graduate faculty of the RGIIS was held.



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