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Annual reports 2007 - Section 1

 



ROSPATENT

Annual report of Rospatent 2007

Message to the Reader

1. Providing Legal Protection for Intellectual Property Items

1.1. The legal protection of inventions and utility models

1.2. The legal protection of industrial designs

1.3. The legal protection of trademarks and service marks

1.4. The legal protection of appellations of origin

1.5. The number of registered computer programs, data basis and layout­designs (topographies) of integrated circuits and granting certificates of the official registration

1.6. The registration of contracts for the use of inventions, utility models and industrial designs

1.7. The registration of contracts with respect to trademarks and service marks

1.8. The consideration of disputes related to legal protection of intellectual property objects by the Chamber of Patent Disputes

1.9. Coordination of Rospatent with federal executive authorities

1.10. The cooperation with Russian regions

1.11. Statistics of appeals of citizens and legal persons, considered by Rospatent and its subordinate bodies in 2007

2. The activity of Rospatent on supervision in the area of legal protection and use of the results of R&D, received at expense of federal budget

3. Main Aspects of Rospatent International Activity

3.1. Cooperation with the World Intellectual Property Organization (WIPO)

3.2. Bilateral cooperation

3.3. Cooperation with the CIS Countries

3.4. Cooperation with the Eurasian Patent Organization

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

3.6. Rospatent as the Receiving Office

4. Computerization and Modernization of automated systems

4.1. Program of the comprehensive modernization of the automated systems (2007)

4.2. Utilization of Internet Resources of Rospatent (2007)

4.3. The utilization of databases on inventions, utility models and scientific and technical information for the purposes of examination of inventions and utility models

4.4. Databases available for on­line searches for the purposes of examination of inventions and utility models

5. Maintenance and Development of Patent Document Collections. Official and Informational Publications of Rospatent. Supply of Information services

5.1 The State Patent Collection

5.2. Acquisition of the Central Patent Collection (CPC)

5.3. The State Patent Examination Collection (SPEC)

5.4. Official and Informational Publications of Rospatent

5.5. Supply of Information Products and Services to the Users

6. Scientific Activity and Personal Training, Enhancing Professional Skills in the Sphere of Intellectual Property

6.1. Scientific activity of Rospatent and FGU FIPS

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

Annex 1. Basic Finance Indicators of the Rospatent activity

Annex 2. Data on Personnel of Rospatent and Federal State Organizations Administered by Rospatent

Annex 3

Annex 4

Annex 5

 

 

Dear Ladies and Gentlemen!

Here is the Annual Report on the activity of the Federal Service for Intellectual Property, Patents and Trademarks in 2007.

In the past year Rospatent was active in achieving the goals of IPR enforcement and protection of intellectual property objects as well as in fulfilling the tasks in each main direction within its competence aimed at encouraging the development of innovation society and strong economy in our country.

2007 was the intensive year for Rospatent in promoting legislation on intellectual property, specifically on the most significant outcome of the work of our lawmakers – adoption of Part IV of the Civil Code of the Russian Federation. In 2007 Rospatent drafted a number of administrative regulations on fulfillment of functions legally incurred to Rospatent and its subordinate organizations.

The continuing increase of applications filed on all the intellectual property objects, requiring promotion of labor organization and raising its efficiency, has encouraged the introduction of information technologies in Rospatent's activity. As a result in 2007 FGU FIPS completed the creation of full scale information and search system of examination of inventions to ensure the automated search while examining inventions and utility models without referring to paper archives. The introduction of automated system of non­paper proceedings of trademark examination has being prepared.

The decisions of FGU “Chamber of Patent Disputes” have been regularly published on Rospatent's website upon adoption. In 2007 FGU “Chamber of Patent Disputes” adopted 2006 decisions.

In the course of disseminating the knowledge, training and promoting the skills of intellectual property specialists, Rospatent has held conferences, seminars and roundtables for different groups of specialists and persons concerned both from Russian regions and from abroad.

Within the framework of international cooperation Rospatent's representatives have actively participated in international conferences, seminars and other events, including those organized with the European Patent Organization (EPO) and the World Intellectual Property Organization (WIPO).

The expansion of international cooperation in intellectual property area to ensure the interests of the Russian Federation is one of the most important tasks of Rospatent.

You could find more detailed information on the activity of Rospatent in this Report. The data on financial indicators of Rospatent's activity and its subordinate organizations is given in the Annexes 1 and 2 to the Annual Report.

Allow me to express the hope that the information contained in the Report on the activity of the patent office of the Russian Federation in 2007 would be useful for you.

Yours sincerely,

Dr. Boris Simonov

Director General

Federal Service for Intellectual Property, Patents and Trademarks

 

 

 

1.1. The legal protection of inventions and utility models

T he legal protection of inventions and utility models in 2007 was provided on the basis of the Patent Law of the Russian Federation dated 23.09.1992 ? 3571­1 as amended by the Federal Law dated 07.02.2003 ? 22­??.

Under Government Resolution of 31.12.2004 ? 1749­? effective in 2007 filing application for IP items, including inventions and utility models, examination, registration of inventions and utility models has been made by the Federal State Entity “Federal Institute of Industrial Property of the Federal Service for intellectual property, patents and trademarks” (hereinafter referred to as FGU FIPS).

In 2007 the structure of FGU FIPS included eleven expert units divided into three divisions: chemistry, physics and mechanics, as well as the units of the formal expertise and utility models.

The effectiveness of such a structure has been proved numerously during the previous years. The results achieved in 2007 show that while the filing applications rose it was possible neither not to extend the periods of applications consideration, nor to maintain the pace of shortening those periods. The work that has been made within the framework of the system by quality management of the examination of the application for granting patents for inventions and utility models allowed to maintain the level of quality of expertise, achieved during the previous years.

Simultaneously with the exercising the complex of work for granting the legal protection for inventions and utility models, the officials of FGU FIPS have prepared the basis for implementation of Part IV of the Civil Code of the Russian Federation. Part IV has been put into effect as from 01.01.2008. The transfer to the new legislation and the necessity to draft documents, regulating exercising the functions incurred by the State and rendering services, required preparation of the administrative regulations. The officials of the Federal Service for Intellectual Property, Patents and Trademarks as well as of FGU FIPS took an active part in drafting those regulations. In particular, the draft of the Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks on filing applications for granting patents for inventions, their registration, examination, as well as of the Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks on organizing the work to exercise the function incurred by the State to issue the patents for utility model, their registration and examination.

In 2007 the technological process of the examination of inventions and utility models has been facilitated further. The automation of the process of examination has been continued. The significant achievement has been made to facilitate the experts to deal with the electronic versions of applications. The first stage of the automation system of information search “Patsearch” has been introduced in order to raise the level of quality and effectiveness of experts.

In 2007 the scientific researches in the area of law, regulating the field of legal protection of inventions and utility models, have been continued. The scientific researches to find the ways of resolving the most difficult problems of examination – on estimation of technical decision, on examination of secret application, on examination of utility models, as well as the resolution of problematic issues in the traditionally difficult areas, such as chemistry and medicine have been ccontinued as well. On the basis of this work in 2007 the methodological recommendations have been elaborated as concerns some issues of examination of inventions, including secret ones, and examination of utility models.

In the past year the three­stage training system has been facilitated to train the young specialists, working in the expert units. It was confirmed that the process of training young specialists should include both theoretical and practical exercises. The convergence of the centralized training at first stage and the work under the supervision of the experienced person allowed to train the expert within a year and a half.

The officials of the Federal Service for Intellectual Property, Patents and Trademarks and FGU FIPS took an active part in various international and all­Russian seminars and conferences, devoted to the legal protection of IP items. The International Scientific and Practice Conference on problematic issues of theory and practice of the IP protection took place in October 2007 became the most significant event.

The main figures of the receipt of applications and granting patents for inventions 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
2003
2004
2005
2006
2007
2007 vs. 2006, (%)
Filed with Rospatent, Total, Including:
30651
30192
32254
37691
39439
104,64
by Russian Applicants
24969
22985
23644
27884
27505
98,64
by Foreign Applicants
5682
7207
8610
9807
11934
121,69
Considered at the stage of expertise and decisions made
30024
30715
30387
32416
35337
109,01
Decisions on granting, including:
23525
24489
24916
25382
28212
111,15
to Russian Applicants
19338
20333
20749
20323
22066
108,58
to Foreign Applicants
4187
4156
4167
5059
6146
121,49
Decisions on refusal, including:
524
816
675
768
781
101,69
to Russian Applicants
485
755
632
689
693
100,58
to Foreign Applicants
39
61
43
79
88
111,39
Decisions on withdrawal, including:
5975
5410
4796
6266
6344
101,24
to Russian Applicants
4168
3792
3512
4582
4712
102,84
to Foreign Applicants
1807
1618
1284
1684
1632
96,91

Table 1.1.2

INVENTIONS: The Russian Federation Patents Issued

Indices
2003
2004
2005
2006
2007
2007 vs. 2006, (%)
Patents Issued Total, Including:
24726
23191
23390
23299
23028
98,84
to Russian Applicants
20621
19123
19447
19138
18431
96,31
to Foreign Applicants
4105
4068
3943
4161
4597
110,48

Table1.1.3

INVENTIONS: Number of Valid Russian Federation Patents as of December 31, 2007

Valid as of December 31, 2006
123882
Patents for Inventions Issued in 2007
23028
Ceased to be Valid in 2007 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)
17000
Valid as of December 31, 2007
129910

Table 1.1.4

UTILITY MODELS: Dynamics of Filings

Indices
2003
2004
2005
2006
2007
2007 vs. 2006, (%)
Filed with Rospatent, Including:
7622
8948
9473
9699
10075
103,88
By Russian Applicants
7400
8648
9082
9265
9588
103,49
By Foreign Applicants
222
300
391
434
487
112,21
Considered at the stage of expertise and decisions made:
8517
8502
8349
10362
10318
99,58
Decisions on granting, including:
8254
8205
7730
9614
9683
100,72
By Russian Applicants
7993
7943
7423
9213
9224
100,12
By Foreign Applicants
261
262
307
401
459
114,46
Decisions on refusal, including:
20
10
12
12
16
133,33
By Russian Applicants
20
10
12
12
15
125,00
By Foreign Applicants
0
0
0
0
1
-
Decisions on withdrawal, including:
243
287
607
736
619
84,10
By Russian Applicants
232
281
589
689
591
85,78
By Foreign Applicants
11
6
18
47
28
59,57

Table 1.1.5

UTILITY MODELS: Dynamics of the Russian patents issued

Indices
2003
2004
2005
2006
2007
2007 vs. 2006, (%)
Patents Issued Total, Including:
8311
8503
7242
9568
9757
101,98
By Russian Applicants
8053
8230
6958
9195
9311
101,26
By Foreign Applicants
258
273
284
373
446
119,57

Table 1.1.6

UTILITY MODELS: Number of Valid Certificates of the Russian Federation as of December 31, 2007

Valid as of December 31, 2006
33033
Certificates for Utility Models Issued in 2007
9757
Ceased to be Valid in 2007 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)
7708
Valid as of December 31, 2007
35082

1.2. The legal protection of industrial designs

The number of applications to grant patents for industrial designs has increased by 10% in comparison with the previous year. Such an increase was a great deal due to application filings made by foreign applicants (please refer to Tables 1.2.1–1.2.3).

Table 1.2.1

INDUSTRIAL DESIGNS: Dynamics of Filings

Indices
2003
2004
2005
2006
2007
2007 vs. 2006, (%)
Filed with Rospatent, Including:
3104
3453
3917
4385
4823
109,99
By Russian Applicants
2298
2321
2516
2627
2742
104,38
By Foreign Applicants
806
1132
1401
1758
2081
118,37
Considered at the stage of expertise and decisions made:
2313
2610
3082
4446
4377
98,45
Decisions on granting, including:
2024
2311
2579
3908
3636
93,04
To Russian Applicants
1530
1724
1726
2317
2142
92,45
To foreign Applicants
494
587
853
1591
1494
93,90
Decisions on refusal, including:
53
121
81
81
110
135,80
To Russian Applicants
44
100
63
51
82
160,78
To foreign Applicants
9
21
18
30
28
93,33
Decisions on withdrawal, including:
236
178
422
457
631
138,07
To Russian Applicants
199
156
315
384
513
133,59
To Foreign Applicants
37
22
107
73
118
161,64

Table 1.2.2

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

Indices
2003
2004
2005
2006
2007
2007 vs. 2006, (%)
Patents Issued Total, Including:
2153
2229
2469
2675
4020
150,28
By Russian Applicants
1643
1637
1630
1753
2298
131,09
By Foreign Applicants
510
592
839
922
1722
186,77

Table 1.2.3

INDUSTRIAL DESIGNS: The quantity of valid patents of the Russian Federation as of 31.12.2007

Valid as of December 31, 2006
14621
Patents issued in 2007
4020
Ceased to be Valid in 2007 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)
2912
Valid as of December 31, 2007
15729

It took 10 months as average to make an examination in substance.

The main task of the examination of the industrial designs was to get ready for work under Part IV of the Civil Code of the Russian Federation. The leading specialists of industrial designs unit took direct part in drafting the Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to exercise the functions incurred by the State on organizing the work of filing application for industrial design and their consideration, examination and granting Russian patents for industrial design in due course. These proposals aimed to fill the gaps of the enforcement in examination and to bring it into conformity with Part IV of the Civil Code of the Russian Federation.

The specialists of Rospatent took part in elaborating the Concept of development of the design in the Russian Federation up to 2008 under the auspices of the Ministry of economic development and trade of the Russian Federation. In accordance with the Plan of action of the federal bodies to realize the Concept of development of the design in the Russian Federation in 2007­2008, Rospatent has drafted proposals to amend the Civil Code of the Russian Federation as concerns the legal protection of industrial designs. These proposals were drafted to unify the Russian legislation with the European laws.

1.3. The legal protection of trademarks and service marks

In 2007 the activity of Rospatent to examine trademark and service mark filings (hereinafter referred to as trademarks), to issue the certificates for trademarks, the registration of contracts with respect to trademarks was based on the Federal Law “On trademarks, service marks and appellation of origin”.

Under further development of market economy of the Russian Federation and raising the interest of foreign producers towards the Russian market in 2007 the tendency for increase of trademark applications was noted. Thus, in 2007 the number of trademark applications has reached 57262, in comparison with 2006 (52984) the increase was equal to 8,07%.

The volume of considered applications has increased as well. In particular, in 2007, 48186 applications have been considered, in comparison with 2006 (40321) the increase was equal to 19,5%.

The increase of trademark applications raised an issue to facilitate the consideration of such applications. This task has been realized through the Division of trademarks and registrations established in 2006. This Division exercised the functions on examining the trademark applications, registration of trademarks in the State Register of trademarks and service marks of the Russian Federation, registration of contracts with respect to trademarks, as well as consideration of judicial and enforcement agencies requests on legal protection of trademarks.

The above mentioned positive dynamics of consideration of applications became possible due to the complex of measures, reducing the time consuming technological procedures, automation of the processes, and facilitation of examination process and registration of rights.

In particular, as from 01.09.2007 the first stage of transfer to the electronic documentation turnover has been introduced between FGU FIPS and WIPO Secretariat to reduce the time of submitting the documents.

The functioning of the open register was aimed at raising the quality of examination of national trademark applications, received by Rospatent. The system has been introduced since January 1, 2005 to ensure the awareness of the public on such applications and the receipt of information from parties concerned on possible collisions as concerns the indications declared and previously registered trademarks.

Simultaneously, the results of the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications have been taken on board with respect to non traditional indications and non patentable indications related to medicine.

Furthermore, the FGU FIPS staff was reinforced by professional specialists trained in the Russian State Educational Institute of Intellectual Property.

The issues of raising quality of examination of trademark, protecting documents and facilitating the work with trademarks in general have been the priority strategic area of Rospatent as indicated in the Complex Plan of Development of Rospatent up to 2010.

The dynamics of filing applications for trademark (service marks) registration as well as the dynamics of registration of trademark (service marks) are given in Tables 1.3.1 to 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 Russian Federation

Indices
2003
2004
2005
2006
2007
2007 vs. 2006, (%)
Total Number of Applications for Trademark Registration filed in the Russian Federation, Including:
34954
40877
47087
52984
57262
108,07
By Russian Applicants
20644
23779
26460
29589
31502
106,46
By Foreign Applicants, Including:
14310
17098
20627
23395
25760
110,11
Under the Madrid Agreement
8884
10210
12701
14567
15388
105,63
Considered at the stage of expertise and decisions made:
46621
34312
35254
40321
41186
102,1
Decision on granting
36537
27548
29291
33197
39634
119,39
Decision on refusal
8262
6092
5577
6805
8077
118,69
Decision on withdrawal
1822
672
386
319
475
148,90

Table 1.3.2

TRADEMARKS AND SERVICE MARKS: Dynamics of Registration

Indices
2003
2004
2005
2006
2007
Trademarks and service marks registered, including:
33511
27540
29447
29199
30724
For Russian Applicants
22043
15257
14389
13694
14993
For Foreign Applicants
11468
12283
15058
15505
15731
Including under the Madrid Agreement
6199
7765
10185
10240
9537
Renewals of registrations
3513
3630
3475
4419
8015
including: For Russian Applicants
1543
1552
1545
2243
4160
For Foreign Applicants
1970
2078
1930
2176
3855
Registration Valid By the End of the Year
157965*
170570*
186352*
197055*
207562*

1.4. The legal protection of appellations of origin

In 2007 the examination of applications for registration and/or granting the right to use the appellations of origin, as well as issuance of certificates for the right to use the appellations of origin were based on the Federal Law “On trademarks, service marks and appellations of origin”.

In 2007 the number of applications filed for the registration and/or granting the right to use the appellations of origin was equal to 27 (in 2006 – 41 applications). At the same time the number of certificates issued for the right to use the appellations of origin increased in comparison with the previous years and was equal to 25 (in 2006 – 21 certificates) (please refer to Table 1.4).

Table 1.4

APPELATIONS OF ORIGIN: Dynamics of Filings in the Russian Federation

Indices
2001
2002
2003
2004
2005
2006
2007
Total Number of Applications for Registration and Granting of the Right to Use, Including:
51
32
62
58
28
41
27
From Russian Applicants
50
31
60
58
27
41
27
From Foreign Applicants
1
1
2
-
1
-
-
Applicants of Origin Registered, Including:
11
10
15
6
23
21
25
From Russian Applicants  
10
15
6
23
19
24
From Foreign Applicants
-
-
-
-
-
2
1

Besides that it should be noted that the certificates were issued not only with respect of appellations of origin designed for mineral water, as it was earlier, but also with respect to appellations of origin of traditional goods, such as “Elets laces”, “Tula spice-cake”, “Vologda laces”.

In 2007 the work has been continued to raise awareness of the role and significance of the appellations of origin and the necessity of their legal protection and enforcement, including with the participation of the administrations of Russian regions.

Such a work was reflected, for instance, in the letters sent to the administrations of the regions, which enterprises obtained the right to use appellations of origin, as well as in reports to various meetings on intellectual property held in Moscow, Irkoutsk and Vologda. The said work was aimed at maintaining traditional production, the necessity to encourage its development, in particular in forms of investments that could be made on the basis of protection of appellations of origin of goods, produced in different Russian regions.

1.5. The number of registered computer programs, data basis and layout­designs (topographies) of integrated circuits and granting certificates of the official registration

In 2007 the sustainable tendency of annual increase of applications filed and of the objects registered was noted. The number of applications filed increased within all the Federal districts of the Russian Federation. The number of registered layout­designs (topographies) of integrated circuits was increased by 83% (from 30 to 55). The number of objects registered by foreign applicants increased two folds (from 51 to 100). In 2007 the legal persons registered 4452 objects and the physical persons registered 1337 objects. The increase of the number of computer programs, registered by physical persons, in comparison of 2006 was 25,5% and for legal persons it was 18,4% (please refer to Table 1.5).

Table 1.5

Number of Registered Computer Programs, Databases, Topographies of Integrated Circuits in 2003-2007

Objects
2003
2004
2005
2006
2007
Total
Computer Programs
2748
2759
3282
4422
5308
18519
Databases
270
283
327
389
426
1695
Topographies of Integrated Circuits
50
39
32
30
55
206
Total
3068
3081
3641
4841
5789
20420

As during the previous years, the specialists of FGU FIPS, dealing with the registration of computer programs, data basis and layout­designs (topographies) of integrated circuits, were actively attending the conferences and seminars, organized, inter alia, by Rospatent. In 2007 they took part in the events in Izhevsk, Tver, Tomsk, St. Peterburg, Belgorod, Yaroslavl, Saransk. As a result of such activity it was noted the raise of quality of applications filed and minimization of requests caused by the undue filing the applications.

1.6. The registration of contracts for the use of inventions, utility models and industrial designs

The data on the number of registered assignment contracts for protected objects of intellectual property and granting the right to use them is given in Table 1.6.1.

Table 1.6.1

Dynamics of Registration of License Contracts and Patent Assignment Contracts

Indices
2003
2004
2005
2006
2007
Patent Assignment Contracts
1484
1892
1281*
1451
1674
Exclusive License Contracts
208
162
167
212
276
Non-exclusive License Contracts
581
495
674
751
902
Total Number of Contracts Registered
2273
2549
2122
2414
2852
Registered Requests to Grant a Free License
169
75
101
63
66
Published Requests to Grant a Free License
158
64
65
82
68

The total number of assignment contracts registered in 2007 increased in comparison of 2006 by 18,1% and was equal to 2852 contracts.

The share of patent assignment contracts in the total number of registered contracts was equal to 58,7%. The number of assignment contracts increased by 15,4% in comparison of the previous year and reached the number of 1674 contracts.

The total number of license contracts increased in comparison of the previous year and was equal to 1178 contracts. The number of non­exclusive license contracts increased by 20,1% and was equal to 902 contracts and the share of non­exclusive license contracts in the total number of contracts was equal to 76,6%. The number of exclusive contracts increased as well by 30% and was equal to 276 contracts. The share of such contracts was 23,4%.

The total number of objects protected in accordance with the patent legislation under the contracts in 2007 increased by 41,0 % and was equal to 5468 patents, including 4621 patents for innovation, 342 patents for industrial designs and 505 patents for utility models.

In 2007 the substantive increase in demand of the registered objects of industrial property (inventions, utility models, and industrial designs) was noted in gas and oil sector, construction, power engineering, electrical engineering, metallurgy, light and food­processing industry. The significant decrease was noted in chemistry, petroleum chemistry, as well as in medicine, less significant decrease was noted in electronics, computer sciences, instrument making sectors. The dynamics of the registration of contracts is given in Table 1.6.2.

Table 1.6.2

Distribution of Registration Contracts by Fields of Technology

Fields of Technology
Contracts
2003
2004
2005
2006
2007
Light and Food-Processing Industries
362
459
105
160
211
Mechanical Engineering, Machine-Tool Industries, Tool Production
438
410
417
414
366
Medicine
373
276
249
295
120
Power Engineering, Electrical Engineering
128
265
223
220
390
Chemistry, Petroleum Chemistry
297
251
268
500
120
Electronics, Computer Sciences, Instrument Making
153
226
165
157
137
Metallurgy
82
158
69
181
245
Oil and Gas Production
124
139
136
100
434
Construction Engineering, and Construction Materials
125
104
108
160
423
Others
191
261
382
227
651
Total
2273
2549
2122
2414
3097

The share of the contracts with the participation of physical persons as assigning and hosting party increased in comparison with 2006 more than two folds. This was a prove of increasing activity of physical persons both in assigning and obtaining the rights for objects protected under the patent legislation. The dynamics of the activity of parties to the contracts are given 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
2003
2004
2005
2006
2007
2003
2004
2005
2006
2007
Natural Persons
29,3
38,6
33,0
16,4
36,0
10,0
16,3
9,6
4,1
10,9
State Enterprises, R&D Institutions, Universities, Design Offices
8,2
8,4
8,3
3,1
8,0
4,8
3,3
4,0
1,5
3,8
Non-governmental Organizations, Including:
62,5
52,9
58,7
80,5
56,0
85,2
80,4
86,42
94,4
85,3
Joint-ventures
-
0,2
-
-
-
-
-
0,2
0,06
-
Foreign Companies
11,6
10,1
11,8
14,0
9,8
12,9
11,4
12,6
11,7
11,0
Others
-
4,0
3,4
-
-
-
3,2
2,4
-
-

1.7. The registration of contracts with respect to trademarks and service marks

In 2007 4134 contracts on assignment of trademarks were registered. As a result the exclusive right was transferred in respect to 7719 trademarks, including 5748 trademarks (or 74,5%) belonging to the Russian right holders and 1971 (or 25,5%) trademarks belonging to foreign right holders (please refer to Table 1.7.1).

The license contracts (total number is 5172) were registered in 2007 in respect of 9288 trademarks, including 6438 (or 69,3%) trademarks of the Russian right holders and 2850 (or 30,7%) trademarks of the foreign right holders, respectively.

In 2007 there was a tendency of the increase of number of trademarks the right holders of which obtained the permission to use (9288 trademarks or 54,6% of the total number), as compared to the number of the assigned trademarks (7719 trademarks or 45,4% of the total number). The comparison with the same period in 2006 (8097 trademarks or 61,6% and 5039 trademarks or 38,4%, respectively) allows to presume that the right holders prefer the license as a source of getting the income, rather than the assignment of the trademark.

The activity of the Russian right holders in the field of contracts on trademarks has decreased a little. As one could see in Table 1.7.3, the share of trademarks under the registered contracts, belonging to the Russian right holders in 2007 was equal to 71,7% against 77,7% in 2006. The number of the registered contracts in respect to the trademarks of the Russian right holders has decreased as well and was equal to 83,4% of the total number of contracts (against 86,1 % in 2006).

At the same time during similar period of time the share of the registered contracts on trademarks of foreign right holders has increased and was equal to 16,6% of the total number of contracts (against 13,9% in 2006). The number of contracts of foreign right holders increased and was equal to 1549 contracts (as compared with 997 contracts in 2006) (please refer to Table 1.7.3).

Analyzing the data on the numbers of registered contracts and the number of trademarks thereof it should be noted that in 2007 the correlation between the number of contracts and the number of trademarks was at the same level as in the previous years and was equal to 1:1,9 (with respect to assignment contracts) and 1:2 (with respect to license contracts).

The statistical data for 2007 contains the number of registered contracts and the total number of trademarks subject to the transfer of the exclusive rights (assignment contract) or subject to granting the right to use the trademark (license contract).

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
2003
2004
2005
2006
2007
Trademark Assignment Contract, Including:
4155
3922
4540
5039
7719
From Russian Owners
3104
3002
3524
4061
5748
From Foreign Owners
1051
920
1016
978
1971
License Contracts, Including:
4101
4395
5574
8097
9288
From Russian Owners
3024
2875
4310
6142
6438
From Foreign Owners
1077
1520
1264
1955
2850

Table 1.7.2

Data on the Russian and Foreign Persons Parties to Contracts

Parties to Contract
Trademark Assignment Contract
License Contracts
2004
2005
2006
2007
2004
2005
2006
2007
The Parties are Russian Persons
2101
2467
3249
3152
1725
2974
5221
4254
The Parties are Foreign Persons
690
762
782
585
274
316
293
129
Transferor is a Russian Persons, ransferee is a Foreign Persons
901
1057
812
305
1150
1336
921
46
Transferor is a Foreign Persons, Transferee is a Russian Persons
230
254
196
92
1134
948
1662
743

Table 1.7.3

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

Type of contract
2005
2006
2007
Contracts
Trademarks
Contracts
Trademarks
Contracts
Trademarks
Trademark Assignment Contract, Including:
2815
4540
3124
5039
4134
7719
From Russian Owners
2361
3524
2624
4061
3457
5748
From Foreign Owners
454
1016
500
978
677
1971
License Contracts, Including:
2991
5574
4071
8097
5172
9288
From Russian Owners
2550
4310
3574
6142
4300
6438
From Foreign Owners
441
1264
497
1955
872
2850

Table 1.7.4

Number of Registered Contracts

Type of contract
2003
2004
2005
2006
2007
Total
Contracts for the Complete Transfer of Exclusive Rights (In of Registered Subject Matter)
68 (57)
42 (41)
61 (61)
41 (41)
94 (94)
306 (294)
Contracts for the Partial Transfer of Exclusive Rights
39
17
14
4
13
87
Total
107
59
75
45
107
393

The Table 1.7.1 contains the data on the number of trademarks contracted for assignment and licensed trademarks within 2003–2007.

The comparing data on the Russian and foreign right holders who were the parties to the contracts, registered within 2004 – 2007, are given in Table 1.7.2.

The comparing data on the number of registered contracts as well as on the number of trademarks contracted are given in Table 1.7.3.

As it is shown in Table 1.7.1, in 2007 the total number of trademarks contracted for assignment or licensing as compared with 2006 has increased.

1.8. The consideration of disputes related to legal protection of intellectual property objects by the Chamber of Patent Disputes

As per the Government Resolution dated December 31, 2004 ? 1749­? the Federal State Entity “Chamber of Patent Disputes” (hereinafter referred to as the Chamber of Patent Disputes) is a subordinary body of Rospatent. The activity of the Chamber of Patent Disputes is being conducted in accordance with its Charter approved by Rospatent's Ordinance dated 03.02.2005 ? 21.

In 2007 the Chamber of Patent Disputes followed its main tasks, in particular:

  • ensuring the protection of rights and interests of applicants and owners of the protective documents for industrial property objects, as well as the legitimate interests of other physical and legal persons while taking the administrative decisions on issues within the competence of the Chamber of Patent Disputes set forth by virtue of the Patent Law and the Law “On trademarks, service marks and appellations of origin”;
  • considering the claims and applications within the competence of the Chamber of Patent Disputes by virtue of the “Procedures of filing the claims and applications and of their consideration by the Chamber of Patent Disputes”.

As it is shown in Table 1.8.1 the number of claims and applications filed in 2007 has increased significantly as compared with 2006 (increase by 37,0%), 2005 (increase by 66,2%), 2004 (increase by 72,8%). The record number of claims and applications filed in 2003 has been increased in 2007 by 6,9%.

Table 1.8.1

The number of claims and applications filed with the Chamber of Patent Disputes with respect to different objects of intellectual property

Objects of intellectual property
2003
2004
2005
2006
2007
Inventions
406
258
233
295
430
Utility models
58
94
106
119
167
Industrial designs
35
33
29
30
22
Trademarks
2756
1634
1736
2097
2876
Appellations of origin
7
4
-
7
1
Granting the right to use of the registered appellations of origin
10
1
-
4
1
Total
3272
2024
2104
2552
3497

In order to shorten the time period for consideration of claims and applications, except the cases of non­grounded prolongation of consideration, there was a constant supervision over the postponement of the dates of consideration of claims and applications.

The data included in Table 1.8.2 demonstrates the significant increase in number of the decisions taken on the claims and applications. It shows the absence of cases, as a rule, when there were requests to postpone the consideration of claims and applications. While considering of claims and applications within 2007, the considerations were terminated at the request of persons filed them, in particular, on 44 cases (decrease by 33,3% as compared the previous year — 66). Furthermore, 662 filings with the Chamber of Patent Disputes have been rejected due to the failure to follow the procedures of filing the claims and applications, as prescribed by Section II of the “Procedures of filing the claims and applications and of their consideration by the Chamber of Patent Disputes”. In vast majority of cases, the refusals to file the claims and applications were grounded on the absence or incorrect documents confirming the payment of fee for consideration of the claims and applications in due course, as well as on filing claims and applications violating the terms and conditions set forth by the law.

Table 1.8.2

The number of claims and applications filed and the decisions made by the Chamber of Patent Disputes

Type of filings
2004
2005
2006
2007
Filed
Decisions made
Filed
Decisions made
Filed
Decisions made
Filed
Decisions made
Claims against the decision of the examination
7777
943
604
624
723
625
1107
555
Claims against granting legal protection
620
461
642
563
753
639
712
548
Applications
768
646
858
738
1076
799
1678
903
Rejected claims and applications
-
381
-
434
0
556
0
662
Withdrawals of claims and applications
-
166
-
21
0
66
0
44
Total
2024
2050
2104
2380
2552
2685
3497
2712

Table 1.8.3 demonstrates the distribution of decisions made by the Chamber of Patent Disputes with respect to different objects of industrial property. As it is shown in the Table, the number of decisions made by the Chamber of Patent Disputes in 2007 in respect of trademarks, as in previous years, is predominant many folds over the number of decisions made in respect of other objects of industrial property. It could be noted, that as compared with 2006 the number of decisions made by the Chamber of Patent Disputes in 2007 on utility models has increased by 27,1%.

Table 1.8.3

The Number of Decisions Made by the Chamber of Patent Disputes on Different Objects of Industrial Property

Kinds of Objects of Industrial Property
Years
Decisions
Total
On Claims Against the Decision of Examination
On Claims Against Granting Legal Protection
On application
Inventions
2005
102
85
-
187
2006
72
86
-
158
2007
94
80
-
174
Utility models
2005
6
80
-
86
2006
6
70
-
76
2007
11
89
-
100
Industrial designs
2005
-
16
-
16
2006
2
34
-
36
2007
4
19
-
23
Trademarks
2005
516
374
736
1626
2006
545
447
798
1790
2007
446
356
903
1705
Appellationsof origin
2005
-
6
-
6
2006
2
-
1
3
2007
-
3
-
3
Grant of the Right To Use an Appellation of Origin Already Registered
2005
-
2
2
4
2006
-
-
-
0
2007
-
1
-
1

Table 1.8.4 includes the results of claim considerations on different objects of industrial property. 42,8% of claims considered were satisfied and 57,2% – rejected. The number of not satisfied claims considered by the Chamber of Patent Disputes has changed insignificantly as compared with 2006.

Table 1.8.4

The results of claim consideration

Kinds of Objects of Industrial Property
Years
Results of Consideration
Total
Claim Satisfied
Claim Rejected
Inventions
2005
65
108
173
2006
38
103
141
2007
52
108
160
Utility models
2005
35
44
79
2006
29
40
69
2007
32
63
95
Industrial designs
2005
8
4
12
2006
16
16
32
2007
10
9
19
Trademarks
2005
485
320
805
2006
447
441
888
2007
344
401
745
Appellations of origin
2005
-
4
4
2006
1
0
1
2007
-
3
3
Grant of the Right To Use an Appellation of Origin Already Registered
2005
-
2
2
2006
-
0
0
2007
-
1
1
Total:
2005
593
482
1075
2006
531
600
1131
2007
438
585
1023

The Table 1.8.5 shows that the number of decisions of the expertise approved by the Chamber of Patent Disputes has decreased by 10,3% as compared with 2006 and the number of rejected decisions of the expertise has decreased approximately by 16,3%. The data in the Table proves the quality of the decisions of the expertise has been raised as they are approved by the Chamber of Patent Disputes.

Table 1.8.5

The number of decisions made and communicated as a result of claim consideration

Type of decision
2004
2005
2006
2007
Decision of expertise on claims Left as valid
327
260
333
302
Amended
166
98
76
73
Rejected
443
250
195
163
Document of protection Declared as invalid totally
111
146
137
115
Declared as invalid partially
98
105
124
97
Left as valid
219
216
266
273
Document processing stopped
40
112
133
80
Total
1404
1187
1264
1103

Applications on preterm termination of legal protection of trademarks on the basis of non­use have become the majority of applications filed. For the data refer to Table 1.8.6.

Table 1.8.6

The number of considered applications on trademarks as distributed on the types of applications

Type of applications
Type of decisions
2004
2005
2006
2007
On non-use Satisfied partially
217
172
256
253
Satisfied totally
331
317
334
436
Rejected
43
22
25
38
On well known Satisfied
19
9
17
12
Rejected
-
3
7
6
On becoming public domain Satisfied partially
-
-
-
-
Satisfied totally
-
-
-
-
Rejected
-
-
2
1
Document processing stopped
36
215
158
157
Total
646
738
799
903

As a result of consideration of applications in respect to trademarks on non­use 689 applications were satisfied totally or partially, 38 applications were rejected and in respect of 157 applications the document processing was stopped.

1.9. Coordination of Rospatent with federal executive authorities

In 2007 Rospatent coordinated its activity with federal executive authorities in the following areas:

  • law­drafting;
  • representation in judicial proceedings while the decisions, actions (non actions) of Rospatent and its subordinates were contested;
  • informational and organizational assistance while cooperating with federal executive authorities.

Rospatent took part in considerations and preparations of the official reports and conclusions of the Government of the Russian Federation in respect to four drafts of federal laws – “On postponement of introducing into effect of Part IV of the Civil Code of the Russian Federation”, “?n amendments of Article 152.1 of Part I of the Civil Code of the Russian Federation and Article 1274 of Part IV of the Civil Code of the Russian Federation”, “?n amendments of Article 2 of the Federal Law “On introducing into effect of Part IV of the Civil Code of the Russian Federation”, “?n amendments of the Customs Code of the Russian Federation”.

Rospatent has continued the procedures of ratification of the Singapore Treaty on laws of trademarks, signed by the Director General of Rospatent on behalf of the Russian Federation on March 26, 2007.

Due to the internal procedures of coordination the issues related to the conclusion between the Governments of the Russian Federation and the Republic of Belarus “On legal regime of indications used prior to establishment of the Commonwealth of Independent States” as well as the Protocol on principles and distribution of rights on intellectual property in the field of science and technology, prepared within the framework of intergovernmental Agreement between the USSR and Korea of December 14, 1990 have been worked through.

By virtue of the provisions of Part IV of the Civil Code of the Russian Federation Rospatent took part in drafting and related coordination in due course of the following Governmental resolutions:

  • “On the procedures of check­ups of state secrets' component in the contents of the applications for patents for inventions or utility models, created within the Russian Federation” (dated 24.12.2007 # 928);
  • “On amendments of the Governmental Resolution of October 2, 2004 - 514 «On federal executive authorities empowered to consider the applications to grant patents for inventions, containing data of state secrets” (dated 06.12.2007 # 845).

Furthermore, Rospatent has developed and forwarded for coordination the following by­laws prescribed for introducing into effect of Part IV of the Civil Code of the Russian Federation, namely:

  • draft federal law “On patent attorneys”;
  • draft federal law “On transfer of federal technologies”;
  • draft Governmental resolution “On official registration of alienation of the exclusive right to the result of the intellectual activity or the means of individualization, mortgage of this right and granting the right to use such a result or such a means of individualization under the contract, transfer of the exclusive right for the result of intellectual activity or for the mean of individualization without contract”;
  • draft Governmental resolution “On approving the Status on patent and other fees for making legal actions relating to patents for invention, utility model, industrial design, official registration of trademark and service mark, official registration and granting the excusive right for the appellation of origin, as well as relating to official registration of the transfer of the exclusive right to other persons and the contract of disposal of such rights”;
  • draft Governmental resolution “On the use of single technology”.

In 2007 Rospatent has developed and submitted for approval drafts of 12 Administrative regulations to fulfill functions of the federal executive authority competent in the area of legal protection and use of the objects of intellectual property. Those Administrative regulations are designed to set forth the terms and subsequence of actions to be made by Rospatent to grant legal protection to the results of intellectual activity and means of individualization.

In particular the following drafts have been prepared:

  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on organization of filing of applications for official registration of computer programs and applications for official registration of data basis, their registration, check­ups and issuance in due course of the Russian certificate;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on organization of filing of applications for layout­designs (topographies) of integrates circuits, their registration, check­ups and issuance in due course of the Russian certificate;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on organization of filing of applications for trademarks and service marks, their registration, expertise and issuance in due course of the Russian certificate for trademark, service mark and well known trademark in the Russian Federation;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on organization of filing of applications for official registration of appellation of origin, for granting the exclusive right to use this appellation of origin, as well as the applications to grant the exclusive right to use of prior registered appellation of origin, their consideration, expertise and issuance in due course of the Russian certificates on the exclusive right for the appellation of origin;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on organization of filing of applications for patents for invention, expertise and issuance in due course of the Russian patents for invention;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on organization of filing of applications for patent for utility model, their registration, expertise and issuance in due course of the Russian patent for utility models;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on organization of filing of applications for patent for industrial design, their registration, expertise and issuance in due course of the Russian patent for industrial designs;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on official registration of contracts on transfer of the right for inventions, utility models, industrial designs, trademarks, service marks, protectable computer programs, data basis, layout­designs (topologies) of integrated circuits as well as the contracts of commercial concession for the use of objects of intellectual property, protectable under the patent legislation of the Russian Federation;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on recognition as invalid the granting or preterm termination validity of the legal protection of trademark, service mark, appellation of origin as well as recognition as invalid of patents for patents for invention, industrial design, certificate (patent) for utility model, certificate for the right to use the appellation of origin;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on maintaining the registers of the registered objects of intellectual property, publishing the data of registered objects of intellectual property, applications filed and granted patents and certificates, action, termination and resuming of legal protection in respect to objects of intellectual property, transfer of rights on protectable objects, official registration of objects of intellectual property;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on prolongation the term of validity of the exclusive right for the invention relating to medicine, pesticide or agrochemical which require the receipt, in due course, the permission of the exclusive right for the trademark, service mark, certificate of the exclusive right for the appellation of origin, ?s well as the restoration of action of the patent for invention, utility model, industrial design, terminated due to failure to pay in a determined period of time the patent fee for upholding their validity;
  • draft Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on attestation and registration of patent attorneys of the Russian Federation as well as issuing registration certificates for them.

The second area of cooperation was realized by the Unit of judicial representation, established in 2006 to be a united legal service of Rospatent.

This Unit was designed to take part in dispute resolution proceedings of arbitration courts and the courts of the first jurisdiction. It also supervised the proper implementation of judicial decisions, in particular, to ensure the measures relating to intellectual property. The officials of this Unit have been taken an active part in meetings at different levels with the representatives of judicial power in order to form the unique approach of courts to resolve the disputes pertaining to intellectual property. Thus, in October 2007 there was a roundtable, organized by the Federal arbitration court of Moscow district, on the issues relating to the introduction into force of Part IV of the Civil Code of the Russian Federation as well as on other enforcement matters. The judges of the Federal arbitration court of Moscow district, the Ninth arbitration court of appeal of the City of Moscow, the counselor of the Russian President as well as Rospatent's officials.

As members of the Working Party of Rospatent, the officials of this Unit have taken part in preparing the Informative letter of the Presidium of the Highest Arbitration Court of the Russian Federation dated December 13, 2007, ? 122 “The overview of practice of consideration by arbitration courts of the cases on implementation of intellectual property legislation”. Within the framework of this the cooperation proposals to amend this overview had been made with respect to existing practice and legal position of Rospatent. The approaches chosen by the Presidium could be taken into account by courts while considering the judicial cases involving by­laws effective before entering into force of Part IV of the Civil Code of the Russian Federation, as well as while considering cases, involving the provisions of Part IV of the Civil Code of the Russian Federation in case this recommendations do not contradict these provisions.

Besides the representative functions in the Russian courts the Unit is coordinating the efforts to implement judicial decision within Rospatent system. While coordinating efforts of Rospatent with other federal executive authorities there was a meeting to discuss the Methodological recommendations on official (compulsory) registration of property and proprietary rights while implementing judicial decisions prepared by the Federal Service of Bailiffs . Recommendations deals with official registration of rights of property of the claimer for the property and proprietary rights, registered in the name of the debtor when the requirement of official registration included in judicial decision, when judicial decision contains the directive that property or proprietary rights belong to the claimer, when the claimer as proposed by bailiff possesses the non realized property or proprietary right of the debtor.

Rospatent forwarded the required information to the developers of the above mentioned recommendations to be included thereto for practical use by bailiffs, including the cases of applying to Rospatent.

The Unit of judicial representation is constantly analyzing and summing up the judicial practice and analytical materials concerning the issues enforcement of industrial property laws, including publications of courts (information letters, resolutions of plenums, overviews of legislation and judicial practice). In 2007 the Unit along with the Department of control and supervision in the field of legal protection of intellectual property of Rospatent made a research study “Analysis of judicial practice and development of recommendation on implementing judicial decisions”. The results of this study are used as a basis for methodological recommendations on issues of implementing of judicial decisions.

The data in Table 1.9.1 demonstrates the increase of the number of judicial proceedings (562 – in 2007), involving Rospatent and its subordinate bodies as compared with the previous years (150 – in 2005, 427 – in 2006).

Table 1.9.1

The results of consideration of cases involving Rospatent and its subordinates by arbitration courts and courts of general jurisdiction in 2007

Types of objects
Results of consideration
Total number of judicial decisions
Arbitration courts
Courts of general jurisdiction
Rejected
Satisfied
Rejected
Satisfied
Trademarks
368
54
8
0
432
Appellations of origin
2
-
-
-
Inventions, utility models, industrial designs
71
19
35
5
130
Total
441
73
43
5
562

As it is shown by the data, the courts rejected the vast majority of appeals against decisions (actions) of Rospatent and its subordinate bodies (484 cases). This proves that Rospatent and its subordinate bodies made well grounded decisions (actions).

Furthermore, in 78 judicial cases satisfied by courts Rospatent and its subordinate bodies were not plaintive (24 cases). In other words these cases were not against the legitimacy of decisions (actions) of Rospatent (for example, disputes of defining the author/rightholder of inventions, utility models, industrial designs, disputes on non­validity of contracts related to industrial property objects, disputes on infringements of the exclusive rights for industrial property objects etc.).

The cases satisfied by courts against the decisions of the Chamber of Patent Disputes were forwarded by the Director General of Rospatent to the Chamber of Patent Disputes for reconsideration.

The informational and organizational assistance to the work with the federal executive authorities was made through consideration of requests of these authorities and preparation of written consultations, memos and submission of the requested documents.

In 2007 Rospatent and FGU FIPS considered the requests of the Ministry of Internal Affaires, Office of the General Prosecutor, Federal Antimonopoly Service, including its territorial bodies, Federal Customs Service, including its territorial bodies, taxation authorities, Service of Bailiffs and other state authorities (ministries and agencies).

All the received and considered requests were registered and systematized.

As shown in Table 1.9.2 the majority of requests was received from the Ministry of Internal Affaires (199), courts (155), Federal Customs Service, including its territorial bodies, (134), Federal Antimonopoly Service, including its territorial bodies, (64), Office of the General Prosecutor (29), taxation authorities (17).

Table 1.9.2

Federal executive authority
Number of requests in 2007
Ministry of Internal Affaires
199
Federal Customs Service
134
Office of the General Prosecutor
29
Courts
155
Federal Antimonopoly Service
64
Taxation Authorities
17
Ministry of Economic Development and Trade
1
Government of the city of Moscow
1
Presidential Administration
1

As compared with the previous year the number of requests of Federal Customs Service and Federal Antimonopoly Service has increased while the number of requests received from the Office of the General Prosecutor has decreased.

In response to the received requests the required information was submitted promptly as well as the required organizational and technical assistance was rendered.

The vast majority dealt with the following:

– submitting the information on the registration of different industrial property objects, on the volume of protection, reference number and date of the protection document its term of validity, the right holders, on licenses. When requested the duplicates of applications and other documents have been submitted;

– submitting the memos on the results of the research of the degree of confusion between non­registered indications, used for good's marking, and trademarks as well as of the homogeneous goods, the use in various IP object of signs of the protected invention, utility model and industrial design.

1.10. The cooperation with Russian regions

In accordance with the Program of cooperation of Rospatent the work with Russian region was continued on creation, legal protection and use of the results of R&D activity.

As in previous years the work was based on the agreements and treaties on cooperation concluded by Rospatent and FGU FIPS with regional administrative and business entities.

The cooperation with Russian regions was further expanded and maintained; in particular the agreement with the Government of Ryazan region was prepared.

As per December 31, 2007 Rospatent is cooperating with 16 Russian regions under the corresponding agreements.

In 2007 FGU FIPS concluded 4 agreements on cooperation and focal regional points recommended by regional administration, in particular: the Center of intellectual property of the Republic of Mordovia, Ural State University and Ural State Law Academy, Tjumen Regional Council of All­Russian Society of Inventors and Astrakhan State medical academy.

Thus, by the end of 2007 FGU FIPS has concluded 40 agreements on cooperation with focal points of Russian regions. The expired agreements are being renovated.

34 Russian regions are covered by the cooperation agreements of Rospatent and FGU FIPS.

It should be noted Rospatent does not have cooperation agreements with some region (Astrakhan, Belgorod, Kaliningrad, Samara, Kemerovo, Krasnoyarsk, Perm, Chuvashiya) while FGU FIPS cooperating with focal points there. At the same time Rospatent's cooperation agreements encourage regional administrations to support local focal points.

The scale of cooperation of Rospatent with Russian regions are given in Table 1.10.

Table 1.10

Federal district

Regions concluded cooperation agreements with Rospatent

Regional focal points concluded cooperation treaties with FIPS

Central Moscow
Yaroslavl Yaroslavl Science and Technology Center
Tver Tver regional universal scientific library named after A.M. Gorky
Tula Tula regional universal scientific library
Kaluga Kaluga Science and Technology Center
Orel Orel state technology university
-
Belgorod state university
Belgorod regional universal scientific library
-
Ryazan Science and Technology Center
North­West St. Peterburg St. Peterburg Science and Technology Center
Arkhangelsk Arkhangesk regional scientific library named after N. A. Dobrolyubov
-
Kaliningrad Science and Technology Center;
Kaliningrad state technology university
South
-
Rostov state university
Volgograd Volgograd Science and Technology Center
-
Astrakhan regional scientific library named after N.?. ?rupskaya
Astrakhan state medical academy
State university of tourism and recreation of Sochi
Sochi city council of the society of inventors
-
Krasnodar Science and Technology Center
By­Volga Republic of Tatarstan Plenipotentiary Representative of Russian President in By­Volga Federal district
Tatarstan Science and Technology Center
Republic of Bashkortostan Bashtechchimform
Nizhegorod region Nizhegorod Science and Technology Center
-
Samara regional universal scientific library
-
Chuvashiya Science and Technology Center
National library of Chuvashiya
-
Perm Science and Technology Center
-
Togliatti institute of technical creativity and patents (Samara region)
-
Kirov Science and Technology Center
Saratov Saratov state university named after N.G. Chernishevsky
-
Izhevsk state technology university (Udmurd Republic)
Mordovia Mordovia center of intellectual property
Ural Sverdlovsk Ural house of science and technology
Non­commercial partnership of patent attorneys "Novation"
Ural state technology university
Ural state law academy
-
Tumen Regional Counsil of VOIR
Kurgan Kurgan regional universal scientific library named after ?.?. Yugov
-
South­Ural chamber of commerce
Sibir Novosibirsk Science and Technology Library
Omsk Omsk state technology university
-
Kemerovo Science and Technology Center
-
Krasnoyarsk Science and Technology Center
Far East Khabarovsk Khabarovsk Science and Technology Center
Total
19

The main components of the Program of cooperation of Rospatent with Russian regions are clarifications and propaganda of legislation in the area of patents, trademarks and other IP objects as well as training of specialists.

As per the Plan of holding conferences and seminars in Russian regions in 2007 as amended the conferences and seminars have been held along with the corresponding local administrations of 31 regions, namely 41 conferences and seminars devoted to intellectual property (Orel – 1, Tver – 1, Belgorod – 1, Moscow – 2, Tula – 1, Kaluga – 1, St. Peterburg – 5, Kaliningrad – 1, Arkhangelsk – 1, Izhevsk – 1, Nyizhny Novgorod – 1, Perm – 1, Cheboksary – 2, Saratov – 1, Togliatti – 1, Kirov – 1, Kazan – 1, Samara – 1, Upha – 1, Saransk – 1, Tyumen – 1, Ekaterinburg – 3, Magnitogorsk – 1, Kurgan – 1, Chelyabinsk – 1, Volgograd – 1, Sochi – 2, Astrakhan – 1, Krasnodar – 1, Novosibirsk – 1, Irkoutsk – 1).

In the Central federal district – 8:

  • April 4 – Conference «Effective use of intellectual property objects in innovation activity of enterprises» (?rel state technology university);
  • April 25 – Seminar «?ctual issues of legal protection and enforcement of utility models» (Tver regional universal scientific library named after A.M. Gorky);
  • September 27­28 – Seminar «Computer programs and data basis – specificities of filling appellations, registration and use» (Belgorod state university);
  • October 9 – National Congress «Priorities of economic development. New innovation policy – technological breakthrough of Russia» (Russian Chamber of commerce, ??scow);
  • October 23 – Seminar «Legal regulation of processes of patenting Russian inventions abroad. Choice of patenting procedure» (Tula regional universal scientific library);
  • October 25 – Seminar «?ctual issues of creation, legal protection and commercialization of the results of intellectual activity» (Yaroslavl Science and Technology Center);
  • November 7 – Conference «Legal support of the State complex interactive system of life of federal Russian regions. Law­making initiatives in the area of high technologies of radio­electronic national complex, intellectual property. Legislation of the Russian Federation applicable to Internet» (Association of national producers of telecom equipment «Council of Main Constructors», Moscow);
  • December 6 – Conference «Problems of legal protection and effective use of intellectual property objects in innovation activity of enterprises» (Kaluga Science and Technology Center).

In the North­West federal district – 7:

  • April 26­27 – Seminar «Protection of trademarks abroad and some aspects of protection of the rights of author as a result (objects) intellectual property» (St. Peterburg, Science and Technology Center);
  • June 27­28 – 9­th annual Scientific and Practice conference «Collegial readings – 2007» on topic: «Part IV of the Civil Code of the Russian Federation – evolution or revolution in legislation on intellectual property?» (St. Peterburg collegiums of patent attorneys);
  • September 19­21 – Seminar «Legal protection of information Technologies» (Agency of intellectual property «Egida», St. Peterburg);
  • October 17­18 – Conference «Effective technology of counteraction against infringements of intellectual property in the Russian Federation» (Russian Federal Service, St. Peterburg);
  • November 21 – Seminar «The choice of industrial property objects as the form of legal protection of the product» (?rkhangelsk regional scientific library named after N.?. Dobrolyubov);
  • November 20­23 – International seminar­fair «Russian technologies for industry» (Federal science and innovations agency, Physics and technology institute named after ?.F. Ioffe etc., St. Petersburg).

In By­Volga federal district – 12:

  • February 14 – Seminar «Legal protection of program support» (Izhevsk state technology university);
  • February 28 – March 1 – Conference «Actual issues of intellectual property protection» (Nyzniy Novgorod, Science and Information Center);
  • March 22 – Seminar «New requirements in intellectual property protection in connection with Part IV of the Civil Code of the Russian Federation» (Perm, Science and Technology Center);
  • April 25­26 – II Republican Scientific and Practice conference on staff support of innovation processes in Chuvash Repudlic (Ministry of industry and energy of Chuvashiya, Cheboksary);
  • May 24­25 – Seminar «Problematic issues of expertise of trademarks, decisions of arbitration courts of different stages», Saratov state technology university named after N.G. Chernishevsky);
  • May 24­25 – Seminar «Dual technologies as strategic resources of innovation economy» (Togliatti institute of technological creativity and patenting, 50 persons);
  • June 5 – Seminar «Specificities and problematic issues of the expertise of applications for trademarks. Crossroads of copyright and the rights of owners of intellectual property objects (Kirov Science and Technology Center);
  • June 22­23 – International forum «Russian high technologies» (Ministry of industry and energy of Chuvashiya, Cheboksary);
  • October 2 – Seminar «Realization of rights for intellectual property objects. License contractual relations. The main types of contractual transfer of rights for protected intellectual property objects» (Tatarstan Science and Technology Center, Kazan);
  • November 22 – Conference «Legal protection of inventions, utility models and industrial designs» (Samara regional universal library);
  • December 12 – Seminar «Actual issues of legal protection and commercialization of the results of intellectual activity» (Academy of science of Bashkiriya, Upha);
  • December 6 – Seminar «Industrial property objects in the Russian Federation and their protection» (Autonomous non commercial organization «Center of intellectual property of Mordovia, Saransk).

In Ural federal district – 7:

  • April 26­27 – Seminar «Legal protection and registration of rights for computer programs and data basis» (Tyumen regional council of inventors);
  • May 24­25 – Seminar «Patent cooperation treaty (PCT)» (Non commercial partnership of patent attorneys «Novation», Ekaterinburg);
  • June 18­22 – All­Russian seminar «Protection of intellectual property by customs authorities» (Russian Federal customs service, Magnitogorsk);
  • October 25­26 – International conference «Management of intellectual property: problems and solutions» and seminar «Intellectual property: legal technologies of resolution of competition conflicts» (Ural state technology university, Ural state law academy, Ekaterinburg);
  • October 17 – Seminar «Intellectual property as the resource of enterprise development» (Kurgan regional universal science library);
  • October 31 – November 1 – Fifth annual international conference «Intellectual property: from reliable protection to effective management» (Government of Sverdlovsk region, Law firm «Gorodissky and Partners», Ekaterinburg);
  • November 28­29 – Seminar «Specificities of expertise of applications for utility models. ?rademark as factor of competitiveness and services. Transfer of rights for industrial property objects» (Uralpatent, South Ural Chamber of Commerce, Chelyabinsk).

In South federal district – 5:

  • March 26­27 – Seminar «Realization of rights on intellectual property objects taking into account the amendments in Russian legislations. License contracts.» (Volgograd, Science and Technology Center);
  • April 27–28 – Seminar «Intellectual property legislation» (Sochi urban council of inventors);
  • June 8–9 – Conference «Legal protection of industrial property objects» (Astrakhan regional library);
  • June 20 – Seminar «Specificities of legal regulation of relations connected with the use of intellectual property objects» (Krasnoyarsk Science and Technology Center);
  • October 1–4 – Regional seminar «Patent cooperation treaty (PCT)» (Sochi urban council of inventors).

In Sibir federal district– 2:

  • May 22–23 – Seminar «Patent cooperation treaty (PCT)» (Novosibirsk);
  • September 12–14 – All­Russian Scientific and Practice conference «Intellectual property objects – legal practice, patent search, analysis, estimation and use» (Irkoutsk state university of rail ways).

In Far East federal district – 0.

Totally in 2007 61 officials of Rospatent, FGU FIPS and Chamber of Patent Disputes took part delivering reports in conferences and seminars in Russian regions.

1.11. Statistics of appeals of citizens and legal persons, considered by Rospatent and its subordinate bodies in 2007

In 2007 Rospatent and its subordinate bodies considered 1800 appeals (35 appeals were received by E­mail), received from citizens (1160) and from legal persons (640).

The administration of Rospatent has received 949 appeals (567 appeals were addressed to Rospatent directly the others were forwarded to other state bodies for consideration). This figure has increased by quarter as compared with 2006. From the total number of appeals the administration of Rospatent considered 255 appeals that is more by 15% as compared with 2006. The rest 694 appeals were forwarded to subordinate bodies for considerations.

The Table 1.11.1 contains the data on distribution of appeals received.

Table 1.11.1

Appeals addressed:
To Rospatens
567
To other state bodies
407
To Russian Public Chamber
13
To subordinate bodies of Rospatent
813
Appeals received:
From the Russian Federation
1689
From CIS countries
74
From other countries
37

As compared with 2006 the number of appeals has increased significantly (almost by a quarter) mostly because of increase of number of appeals from the Russian Federation (from 1368 to 1689). The appeals of citizens prevailed – around 65% of the total number.

The Table 1.11.2 contains indications of distribution of appeals from the Federal districts of the Russian Federation.

Table 1.11.2

Federal district
Number of appeals received from Federal district
Central
846
North-West
216
By-Volga
227
South
180
Siberia
105
Ural
89
Far East
26

In 2007 more than three forth of appeals have been received from three Federal districts of the Russian Federation: the Central, North­West and By­Volga. It should be noted that 50% of appeals have been received from the Central Federal district and the appeals from Moscow and Moscow region prevailed.

The pointed out increase of the number of appeals as compared with the previous year has become possible because numerous appeals on the following directions:

– Invention activity (assistance in filing the applications, introduction and use of intellectual property objects, providing funds for new researches, proposals on facilitation of invention activity etc.);

– Legal issues (clarifications of patent legislation, enforcement of industrial property rights, proposals on amendments to patent legislation and law on copyright etc.);

– Rendering patent and information services (providing data on authors, patent owners, ?n registration, requests for copies of the materials of applications, patent documentation, information searches etc.);

– Examination of applications for industrial property objects (document proceedings on application, shortening time periods of application's consideration, the results of expertise etc.).

Table 1.11.3

Data on the number of appeals received by Rospatent and its subordinate bodies in 2003-2007 and grouped

Groups in Which the Problems Raised in Appeals and Addresses are Classified
The Number of Appeals and Addresses
2003
2004
2005
2006
2007
Patent Examination (Time Limits, Procedure, Examination Results, Office Work)
772
738
526
579
621
Inventive Activity
217
229
168
207
307
Protective Titles (Registration, Renewal and Restoration, Amendments, etc)
227
201
125
157
182
Legal Issues
86
142
121
129
200
Payment of Patent Fees
201
177
95
93
108
Patent Information Services
102
75
54
83
165
Contracts (Registration, Disputes Between the Parties)
31
25
84
61
54
Publication (Time Limits, Errors)
15
9
19
21
43
Registration of Discoveries
15
30
18
16
38
Training, Improvement of Professional Skills, Activity in Regard to Patent Attorneys, Issues of International Cooperation
6
7
6
7
15
Personnel Issues and Work of Patent Attorneys
-
4
4
4
5
Other (basically unrelated to the competence of Rospatent and its subordinate organizations)
29
65
60
93
62
Total:
1701
1702
1280
1450
1800

The total share of appeals on the said groups is equal to 70% as it was in 2006.

The share of appeals on expertise has decreased from 40% to 35% from total number.

The share of appeals concerning registration of contracts has being decreased as well. The decrease was possible due to the work launched in 2007 on settling the objective situation when significant increase of volume of appeals on contracts registration caused difficulties to consider them on time.

From the total number of considered appeals 76% were appeals and the rest were proposals and claims, most of them were ungrounded.

The consideration of significant part of appeals (one fourth) were entrusted to the Service of quality of Rospatent, including two third of claims.

The results of considerations were reported to the Director General of Rospatent or his deputies, director of Service of Quality of Rospatent and to directors of subordinate bodies.

As a result of consideration adequate measures were taken, including those by the directives of Director General of Rospatent.

10 citizens were received in Rospatent personally on issues concerning the activity of Rospatent.

On a constant basis Rospatent is working to ensure the rights of citizens for appeals to federal executive authorities, raising the level of quality of protection of their constitutional rights and legitimate interests.

In accordance with recommendations of the Presidential Administration on the procedures of consideration of citizens' appeals Rospatent holds weekly hearings of the results of considerations of citizens' appeals, violations of the rights and legitimate interests of citizens as well as measures aimed for elimination and prevention of these violations.

In June 2007 in order to promote the system of control of time periods of implementation of Rospatent directives on appeals consideration the Service of Quality of Rospatent established a unit of control over appeals proceedings under the direct governance of the director of the said Service.



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