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Annual reports 2007 - Section 2

 





 

For Rospatent 2007 became the year of pilot introduction of Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on supervision in the area of legal protection and use of the results of R&D realizing at the expense of federal budget (approved by the Ordinance of the Ministry of Education and Science of the Russian Federation on December 13, 2006 ? 313 and registered by the Ministry of Justice of the Russian Federation on January 18, 2007 ? 8805).

The said regulation defines the sequence of actions, terms as well as procedure of coordination of Rospatent with other organizations while fulfilling the functions incurred by virtue of Government Resolution of November 18, 2006 ? 696 "?n supervision in the area of legal protection and use of the results of R&D researches, realized at the expense of the federal budget".

In order to optimize the fulfillment of the said state function in 2007 the Department of supervision over the rights of the Russian Federation on the results of R&D research, received at expense of federal budget (Department on R&D supervision) was restructured accordingly. The Department on R&D supervision includes inspection, information and methodology and analytical units.

In accordance with the approved Plan of actions of Rospatent in 2007 25 planned checkups were realized on organizations realizing state contracts on R&D at the expense of federal budget in 6 Russian federal districts (Central, NorthWest, Siberian, South, ByVolga, Far East) (please refer to Table 2.1).

Table 2.1

The results of checkups of organizations realizing state contracts on R&D in Federal districts in 2007

Federal District
Number of Checked Organizations
Number of Checked Contracts
Central
14
191
ByVolga
3
33
NorthWestern
3
46
Siberian
2
17
Southern
2
12
Far Estern
1
11
Total
25
310

 

 

The results of R&D on 310 state contracts, concluded in 2005–2006, have been checked and analyzed. The checked state contracts have been fulfilled at the requests of the Russian Science Agency, Russian Nuclear Energy Agency, Russian Energy Agency, Russian Industry Agency, Russian Education Agency, Russian Space Agency, Ministry of Agriculture, Ministry of Education and Science, Ministry of Industry and Energy and South scientific center for the total amount over three billion Rubles.

The results of R&D received at the expense of federal budget are presumed the use for the state needs. The most important precondition of introduction of these results into civil turnover is ensuring the legal protection of these results not only within Russia, but also abroad. That allows to create the basis for ensuring the interests of the Russian Federation, authors, investors and producers against unfair competition while using these results (please refer to Diagram 1).

 

 

The legal protection within Russia was granted to R&D:

  • 47 from 170 (27,6%) of state contracts, Russian Science Agency,
  • 6 from 42 (14,9%) of state contracts, Russian Energy Agency,
  • 1 from 19 (5,3%) of state contracts, Russian Industry Agency,
  • 4 from 9 (44,4%) of state contracts, Russian Education Agency,
  • 5 from 9 (55,6%) of state contracts, Russian Space Agency,
  • 1 from 6 (16,6%) of state contracts, Ministry of agriculture.

On state contracts of Russian Nuclear Energy Agency, Ministry of Education and Science, Ministry of Industry and Energy and South scientific center the legal protection of R&R was not granted.

The effectiveness and quality of works depends on the quality and complicity of state contracts. The practice shows that if the state contracts are in full compliance with legal acts and there is due supervision on implementation of these contracts, the results of works shall obtain legal protection and be used in civil turnover.

Despite of positive tendency, connected with raising the level of quality of state contracts in the area of legal protection and use of R&D results, there are provisions which have not been reflected in state contracts in 2006, namely:

  • Obligation of ensuring legal protection of all of R&D results not envisaged;
  • Obligation on the use of R&D results received within state contracts not envisaged;
  • Procedure of the use of R&D results in civil turnover not defined;
  • Issues of distribution of rights for protectable promotions of intellectual property objects, created after expiry of state contract.

The R&D results under state contracts within the framework of federal targeted programs shall have world novelty and high scientific and technological level to be proved through patent study. The patent study shall be made by virtue of provisions of state contracts. This requirement is not implemented in majority of cases.

Realizing the actuality of creation at the expense of the federal budget of innovations with the world novelty and high scientific and technological level, Rospatent raised an issue “On measures on ensuring the legal protection and use of R&D results, received at the expense of the federal budget” during the meeting of the Government commission on counteraction against infringements of intellectual property, IP legal protection and its use.

The Commission's decision are aimed at preparation of proposals related to modernization and implementation of the State Standard on carrying out of the patent researches and establishment of the Foundation for foreign patenting of national inventions.

Rospatent has drafted the Governmental resolution “On additional measures aimed at raising technical level and ensuring patent purity of R&D results, creating at the expense of the federal budget”. This draft is regulating the organization and making patent studies. In order to strengthen international position of the Russian Federation in the area of high technologies and raising competitiveness of science consuming products and development of international licensing trade the proposals to establish the Fund of patenting abroad have been prepared.

The Russian Government have being considered introduction of R&D results into civil turnover as a key direction of further development of Russian economy as provided for in the Main directions of state policy in this area.

What relates the use of R&D results, received under state contracts, one could note that the rights for the results of intellectual activity are not introduced into civil turnover and R&D results not protected are used in educational process while defending “doctor degree” as well as they have been published in Russian and foreign magazines with detailed description of the results. This allows third parties free of charge use unique technologies received in the course of multi years period and huge human and financial expenses.

As per the Administrative regulation of the Federal Service for Intellectual Property, Patents and Trademarks to fulfill the functions incurred by the State on supervision in the area of legal protection and use of the results of R&D research realizing at the expense of federal budget, Rospatent as a result of checkups has made Revisions reflecting violations legislative acts in effect as well as concluded state contracts.

The majority checked organizations violate the requirements of legislation regulating the area of legal protection of R&D results received at the expense of the federal budget as well as a number of provisions of state contracts, namely:

  • Provisions of Government resolution of November 17, 2005 ? 685 concerning legal protection of R&D results;
  • Provisions of Government resolution of September 2, 1999 ? 982 «?n the use of R&D results» concerning requirement obtaining by the Russian Federation free of charge non exclusive license for the use of R&D results to ensure federal needs;
  • Provisions of the Main directions of state policy on introduction into civil turnover of R&D results (approve by the Government resolution of November 30, 2001 ? 1607?) concerning legal protection, distribution of rights and introduction into civil turnover of rights for R&D results;
  • Provisions of the Government resolution on May 4, 2005 ? 284 on state register of R&D results received at the expense of the state budget, concerning subsistence of necessary data on R&D results for state register;
  • Provisions of state contracts provided for making patent studies under GOST R 15.01196, while fulfilling the contracts;
  • Provisions of state contracts on prompt information on all received protectable intellectual property objects.

Some facts of violations of the rights of the Russian Federation were discovered in a number of checked organizations, in particular:

  • Obtaining the legal protection by the authors of the results, received under state contracts contrary to the provisions of legislation in effect;
  • Obtaining the legal protection for the results of intellectual activity by the organizations not related with state organization.

Despite of the above mentioned the violations of legislative acts, the results of work under state contracts were adopted, the reports on fulfillment the obligations were signed. That shows that there is no due control over fulfillment of state contracts on the side of state organizations.

On the basis of checkups Rospatent forwarded to organizations fulfilling state contracts Requirements to eliminate the violations.

In accordance with the Regulation Rospatent forwarded to federal executive authorities responsible for the checked organizations the Notifications and Information Letters requiring strengthening control over fulfillment of state contracts.

In due course the checked organizations submitted the reports on meeting the requirements of Rospatent. While meeting the requirements of Rospatent the checked organizations have filed 16 applications for patents on inventions and utility models, 4 applications for registration computer programs. Such a misery number of applications is explained by the fact that a part of R&D results not protected were made public.

In 2007 Rospatent made additionally a non planned work with the Office of the General Prosecutor on three directions: joint checkups, checkups at the request of local offices of prosecutors (Moscow), officials of Rospatent were involved as consultants while making checkups.

In 2007 Rospatent made 6 joint checkups with offices of prosecutors, in particular in Ministry of education and science, Pension Fund of Russia, Institute of Nature etc.

The practice of coordination of Rospatent with law enforcing agencies while making checkups would be continued in 2008. At present Rospatent is being drafted agreements with the Office of the General Prosecutor and Accounting Chamber on making joined work aimed at ensuring legal protection and the use of R&D results funded from the federal budget.

The activity of Rospatent has been aimed at ensuring legal protection and legal turnover of R&D results funded from the federal budget. It should be noted that significant number of R&D is being funded from the federal budget as well as from the budgets of Russian regions.

The big gap in legislation, regulating the process of legal protection, register and the use of R&D results funded from the federal budget, is its insufficient drafting.

It seems that development of this legislative area at regional level will allow to balance the interests of the Russian Federation, its regions, investors, developers and organizations as well as expedite the paste of exploiting the technologies.

Rospatent expresses its readiness to ensure information and methodological support of conducting the works in this direction.

The draft agreements on cooperation between the Federal Service on intellectual property, patents and trademarks, on one side, and the Governments of the Cities of Moscow and St. Petersburg has been prepared. These drafts define the basics of cooperation and interaction in order to assist the creation economic, legal and organizationalfriendly environment for development of innovative, patent and licensing activity of business entities as well as raising the effectiveness of realization of federal, regional and sector targeted programs and projects, programs of commercialization of intellectual property. Rospatent is now drafting the agreement on cooperation with Controlaccounting Chamber of the city of Moscow.

In order to ensure the legal protection of created and creating of R&D results there was prepared and placed on Rospatent's website «Model form of section on the rights to intellectual property objects for the agreements between Russian and foreign organizations on international science and technology cooperation».

To ensure the legal protection of R&D results funded from the federal budget the recommendations, as commercial secret, were prepared and placed on Rospaten's website for business entities on fixing the rights for R&D results funded from the federal budget and on undisclosed information.

The proposals have been elaborated for distribution of rights to intellectual property objects created within framework of privatestate partnership for their inclusion into corresponding agreements between the State and the private sector.

In order to ensure the interests of the Russian Federation with respect to the use of previously created and newly created intellectual property taking into account the share of Russian side the examination of the agreements between federal executive authority and their foreign partners on science and technology cooperation has been made in particular concerning the distribution of rights on the results of scientific and technological activity, ensuring the legal protection and the use of such results within international cooperation.

The conclusions have been made with respect to the draft agreements on measures of the protection of technologies relating to space examination in peace purposes. Such draft agreements were elaborated with the Kingdom of Saudi Arabia, Cabinet of Ministers of Ukraine, the Government of the Kingdom of Spain, the Government of the Republic of Kazakhstan, the Government of the Republic of Indonesia, the Government of the Republic of Belarus, the Government of the Kingdom of Sweden, as well as on draft RussianUS agreement on cooperation on defense technologies and on intergovernmental agreement between Russia and Libya on joint production, transfer of technology and intellectual property protection.

It became a practice in Rospatent to hold quarterly summing up of data on the rights of the Russian Federation on intellectual property objects funded from the federal budget with submitting the Analytical note to the Ministry of education and science. As per December 31, 2007 325 Russian patents and certificates were valid. As compared with 2006 the increase was equal to 84%. It should be noted that Rospatent did not identified the use of intellectual property objects the rights to which are fixed in favor of the Russian Federation.

In order to activate the innovation activity of the developers of new technologies and techniques in 2007 Rospatent took part in Russian and international exhibitions and salons of inventions and innovations as well as in seminars and conferences held in Russian regions.

The activity of Rospatent to ensure the supervision in the area of legal protection and the use of R&D results will allow to realize the state policy with respect to creation and use of R&D results in civil turnover and to ensure the protection of the rights of the Russian Federation, Russian physical and legal persons on R&D results created.

In 2008 Rospatent has planned to make checkups in all the Federal districts of the Russian Federation, in particular in more than 30 organizations realizing state contracts. 450 state contracts are subject for checking.

Table 2.2

Filing applications and granting patents and certificates to the name of Russian Federation

Indices
Inventions
Utility Models
Computer programs
Total
Applications filed in 2007
116
10
-
126
The number of valid patents for inventions and utility models and certificates for computer programs to the name of the Russian Federation as per 31.12.2007
230
91
4
325
granted in 2007
78
18
-
96


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