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Annual reports 2007 - Section 3

 





In 2007 the international cooperation of Rospatent, as in the previous years, was aimed to fulfill the obligations of the Russian Federation arising from the relevant international and bilateral agreements and also to develop cooperation with international organizations and foreign partners.

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

During 2007 Rospatent pursued an active participation in the activities of the basic Committees and Working Groups of the World Intellectual Property Organization (WIPO). To ensure the interests of the Russian Federation the proposals and motions of Rospatent regarding basic treaties and international documents being at present under consideration within the framework of WIPO activity, were submitted to WIPO.

Rospatent's experts took part in two special sessions of the Standing Committee on Copyright and Related Rights, devoted to the development of the Draft   of the WIPO Treaty on the Protection of Broadcasting Organizations.

Within the framework of participation in regular meetings of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications, Rospatent's experts prepared and discussed proposals on the nontraditional marks and their relation with the established principals of trademark law, opposition procedure regarding trademark registration, development of the procedural aspects of communications under Article 6ter of the Paris Convention for the Protection of Industrial Property. Moreover, the issue of protection of International Nonproprietary Names for pharmaceutical substances (INNs) and further cooperation with the World Health Organization, as well as a Questionnaire on Industrial Design Law and Practice were considered.

In July 2007 Rospatent participated in the 11th session of the WIPO Intergovernmental Committee on the Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Rospatent prepared comments and answers to the questions, which had been touched at the 10th session and aimed to select an approach for development and actualization of the protection of traditional culture representation/ folklore representation and traditional knowledge.

To inform interested circles about the Committee's work in solving the problem of protection of genetic resources, traditional knowledge and folklore, Rospatent submitted the materials of the Committee meetings to ministries, departments and organizations, including central and local people's houses of arts and crafts.

Moreover, in the framework of the Committee, Rospatent participated in the work of specially established Advisory Council aimed to work out recommendations on financing for the work of the representatives of indigenous and local communities in the Committee out of the Voluntary Fund, established for this purpose.

Within the framework of the Standards and Documentation Working Group of the Standing Committee on Information Technologies of WIPO, in which the Rospatent experts take part, a new WIPO Standard ST.66 "Recommendation for the Processing of Trademark Information Using XML" was adopted, it is planed to use this Standard in Rospatent for electronic publishing of trademark information and development of electronic State Register on Trademarks.

On June 18-19, 2007 in Moscow, Rospatent in cooperation with WIPO organized a Meeting dedicated to strategic planning for countries with transitional economy. The leaders and top officials of twelve patent offices from the countries of Eastern Europe and Central Asia, representatives of WIPO took part in this Meeting. Participants of the meeting discussed in detail the issues with regard how to raise the efficiency of the WIPO's support to the countries to promote creativity, use and protect the innovations. As a result of the meeting, the recommendations for the development of interregional coordination and cooperation with WIPO were passed.

Delegation of the Russian Federation took active part in the 43rd Series of Meetings of the Assemblies of the MemberStates of WIPO, which took place from September 24 to October 4, 2007 in Geneva.

In the course of discussions of the key and topical issues, connected with the future activity of the Organization (adoption of the Program and Budget of Organization for 2008-2009, Report of the Internal Auditor of WIPO and issues concerning PCT Union), Rospatent advocated the contingence of the positions of WIPO MemberStates, strengthening the role and importance of this international organization, aimed to provide intellectual property legal protection by developing the cooperation between participating countries and for the further development of national intellectual property systems and harmonization of international law.

In 2007 in the framework of the Provisional Committee on Proposals Related to a WIPO Development Agenda with the direct participation of the Rospatent experts, the work at one of the most important directions regarding the issues of interrelation of intellectual property and tasks of economic growth was continued. The Russian Federation permanently adheres to the position, according to which all requirements of WIPO MemberStates should meet the proper attention, especially with regard to economic growth of each country. The logic result of the Provisional Committee activity was the decision of its members to recommend to the 43rd Series of Meetings of the Assemblies of the MemberStates of WIPO to establish a Committee on Development and Intellectual Property.

Rospatent prepared and submitted a package of documents to the proper executive authorities to implement intrastate procedure of accession of the Russian Federation to the Patent Law Treaty (PLT).

PLT removes disadvantages of different national and regional procedures for patenting inventions, harmonizing them and simplifying procedural norms. At the same time it touches only issues of formal requirements and a set of mutual procedural rights and duties of a state (patent office) and an applicant (rightholder of a patent).

On March 26, 2007, in the WIPO headquarters the Director General of the Federal Service for Intellectual Property, Patents and Trademarks, Dr. Boris Simonov, signed in the name of the Government of the Russian Federation the Singapore Treaty on the Law of Trademarks which is the next stage for further harmonization of national systems of trademark law and contains provisions providing additional advantages for applicants and rightholders.

Within the framework of the development of cooperation with WIPO and in pursuance of the Development Strategy of Rospatent till 2010 the work aimed at obtaining practical results concerning implementation of the provisions of international treaties, administered by WIPO, such as the Patent Cooperation Treaty (PCT), the Madrid Agreement Concerning the International Registration of Marks and the Protocol relating to it, was continued.

On October 27, 2007 the Director General of Rospatent, Dr. B. Simonov, and the Director General of WIPO, Dr. K. Idris, signed an Agreement between Rospatent and the International Bureau of WIPO in Relation to the Functioning of Rospatent as an International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty for the next 10year period (until December 31, 2017). As a result of this signing, Rospatent reserves the status of the International Searching Authority and the International Preliminary Examining Authority for the next ten years.

In pursuance of the Cooperation Plan regarding PCT Information Technologies between WIPO and Rospatent all necessary activities were carried out and all conditions for switching to the electronic exchange of data concerning on the international PCT applications were created, that would enable Russian applicants to use the advantages of this International System more effectively and reduce labor costs of the Office.

In the framework of the activity of the Meeting of International Authorities under the PCT, Rospatent prepared and submitted to the International Bureau of WIPO an Annual Report of Rospatent on Quality Management System.

During the year 2007 in cooperation with WIPO three seminars aimed at spreading the knowledge among Russian patent applicants on the issues of more effective use of the Patent Cooperation Treaty (PCT) were held in three cities of the Russian Federation (Ekaterinburg, Sochi and Novosibirsk). Taking into account the interest of the audience and potential rightholders to the subject of these seminars an arrangement between Rospatent and WIPO on continuation of such work in 2008 was reached.

From December 1, 2007 within the framework of the Agreement for Communication by Electronic Means between the International Bureau of WIPO and Rospatent under the procedures of the Madrid System the first stage of switching to the electronic exchange of the documents with WIPO was accomplished. It allows considerably reduce labor costs of trademark examiners while preparing the decisions upon the fastgrowing number of international trademark registrations containing designation of the Russian Federation.

In 2007 the important understandings on extension of cooperation with the authority of the WIPO Worldwide Academy were reached, particularly a number of technical problems of managing the distance learning course DL101 "General Course on Intellectual Property" was solved, which is to be switched to the automatic management system LMS in the future.

On the website of Rospatent (Russian version) a section "International Cooperation" was renewed and a new section dedicated to the international application system under the Patent Cooperation Treaty (PCT) was created, which familiarizes Russian patent applicants with all advantages of this system. As a result of two year work the legal and practical information, necessary for users of two global registration systems: Patent Cooperation Treaty (PCT) and Madrid System of International Registration of Marks, has become available in Russian on the website of Rospatent.  

3.2. Bilateral cooperation

Rospatent hold two regular sessions of experts in the framework of the RussiaEU dialogue on the intellectual property, in pursuance of Section 1.3 of the "Road Map" of the Common Economic Space of RussiaEU, in the reporting year.

The European party at these meetings was presented by the representatives of the European Commission and the European Commission's Delegation in Moscow; Russian party was presented by representatives of the Ministry of Economic Development and Trade of the Russian Federation, Ministry of Foreign Affairs of the Russian Federation, Ministry of Internal Affairs of the Russian Federation, General Prosecutor's Office of the Russian Federation and Rospatent. The representatives of the interested rightholders were also invited.

In the course of these meetings issues of both legislative initiatives of the parties and law enforcement practice, internet piracy, production without license by several Eastern Europe countries of the military products developed in the USSR/Russia, geographical indications, protection of clinical test data and other issues were under discussion.

The results of the negotiations, entered engagements, and other directions of the cooperation were reflected in the final documents of the meetings.

During 2007 the specialists of Rospatent took active part in the work of the Group of G8 experts on intellectual property. The work was organized in the following directions: effective preparation and negotiation of the materials through electronic means, direct discussions and adoption of the coordinated documents in the framework of the Group Meeting. The key issue of the work of the Group was to combat the intellectual piracy and proliferation of the counterfeiting.

As a result of the joint preparatory works of the experts the section "Encouragement and Protection of Innovations" was included into the Summit Approach Paper "Heiligendam Process".

The main result of the work of the experts in 2007 was the decision of the leaders of the "G8" to start so called "The New Dialogue on Innovations and Protection of Intellectual Property". The beginning of the dialogue was supported by the representatives of Brazil, China, India, Mexico, and South Africa (so called "Group of Five"). The creation and development of the economy based upon knowledge is to be the result of the efforts within the framework of the dialogue.

In April 2007 in the framework of the official visit to Munich the delegation of the Russian Federation headed by the Director General of Rospatent, Dr. Boris Simonov, visited the European Patent Office, European Patent Forum and the Federal Patent Court of Germany.

In the course of the visit to the European Patent Office (EPO) on April 17, 2007 the Director General of Rospatent, Dr. Boris Simonov, and the President of the European Patent Office, Pr. Alain Pompidou, conducted the negotiations on the issues of mutual interests and outlined the main directions for the cooperation between the two offices.

As a result of the meeting the heads of the two offices signed the Memorandum of Understanding on Bilateral Cooperation between the Federal Service for Intellectual property, Patents and Trademarks and the European Patent Office. The Memorandum has the goal to establish a wideranging and flexible mechanism for guiding and furthering cooperation between Rospatent and the EPO in the field of industrial property.

The delegation of Rospatent took an active part in the European Patent Forum, which is one of the most significant events in the sphere of intellectual property, aimed to study interaction of the intellectual property with political, economical, social, ethical, technological, ecological and historical factors, in the framework of which the round tables for discussions of the issues of future development of patent system and intellectual property in general, as well as the issues of the innovation development and support, development of the small and mediumsized enterprises, the role of the patent offices in the support of the small and mediumsized enterprises, collaboration of the government and private sectors of economy, stimulation of the scientific institutes and organizations, protection and enforcement of the intellectual property in the European Union and the issues of elaboration of a single Community Patent were held.

Besides, the delegation participated in the events within the "Patinnova 07" Conference, dedicated to the strategy of intellectual property to support innovations, and the Award Ceremony of the best European Inventors of the Year 2007.

In the framework of the visit to the Federal Patent Court of Germany (April 20, 2007) the delegation of Rospatent met with the President of the Court, Mr. Raimund Lutz, and his colleagues and discussed the practical problems in the field of patent and trademark protection and enforcement, exchanged the experience in the field of court practice with the German colleagues. They also shaped a plan of further cooperation with the Patent Court with regard to organization and holding of seminars both in Russia and Germany. The main goal of the aforesaid seminars is the exchange of practical experience and discussion of the issues of the intellectual property protection and enforcement.

According to the arrangements, reached during the visit the return visit in October 15-17, 2007 was paid by the delegation of the President of the Federal Patent Court of Germany to Rospatent. The delegation consisted not only of the representatives of the Federal Patent Court, but also the President of the German Association for the Protection of Intellectual Property (GRUR), Dr. Hans Piter KunzHallstein, the President of the German Chamber of Patent Attorneys, Dr. Eugen Popp, and others.

The representatives of the German delegation met with the Director General of Rospatent, Dr. Boris Simonov, representatives from Rospatent, FGU FIPS and the Chamber of Patent Disputes. At the round table the parties exchanged their experience in the sphere of intellectual property legal protection, discussed the vital issues of implementation of the legal norms of the Russian legislation in the field of intellectual property as per coming into effect of Part IV of the Civil Code of the Russian Federation from January 1, 2008, and future development of the patent system in Europe and establishment of a unified European Patent Court.

The parties came to the agreement to continue cooperation in this field and drew up a plan for further cooperation.

Following the request from the German party Rospatent organized a visit to the Arbitration Court of Moscow and the Supreme Arbitration Court of the Russian Federation where in the framework of the constructive dialogue between Russian and German representatives they shared their experience regarding the court practice in the area of intellectual property proceedings.

In 2007 the Russian segment of internetservice Esp@cenet continued its work that has got Russian interface and is located at the server of Rospatent. At present, the search database Esp@cenet comprises patent information from 72 patent offices, assessable for public. In June 2007, the representatives from Rospatent took part in the annual seminar and panel discussions for the representatives of the patent offices, which have national segments of Esp@cenet (June 21-22, 2007). To stimulate the development of the Russian segment of Esp@cenet the translation of the educational module of Esp@cenet Assistant was made in 2007. The translation will be published next year.

In the reporting year Rospatent continued the joint work with the EPO regarding wider use of the patent information searching system EPOQUE, which allows to carry out a fulltext search. It is expected, that the use of the EPOQUE system will enable to reduce efforts and increase the labor productivity of Rospatent examiners.

In the framework of the cooperation with the EPO Academy in 2007 training seminars were held on the following subjects: valuation of intellectual property, recent developments on patentrelated IP law, opposition and appeal procedures in the EPO, and also search of the DNA sequences and strategic search with the use of free pharmaceutical and biological databases, in which 20 representatives of Rospatent took part. In their work the specialists of Rospatent use successfully the experience gained at the annual EPO seminars.

To increase public awareness in the field of industrial property Rospatent, jointly with the EPO, started in 2007 the threestage Project "Patent Information for Innovation".

Within the framework of the first stage of the Project in July 2007 the presentation, connected with the opening of the Russian segment of Esp@cenet was organized. The representative of Rospatent, the EPO, the European Commission, foreign (United Kingdom, Denmark) and Russian scientific, innovationtechnological centers and technology transfer centers of Moscow, SaintPetersburg, Yaroslavl, Ekaterinburg, Tomsk, Belgorod, Saratov and Novosibirsk took part in the presentation.

The second stage of the Project was aimed to create conditions for popularization of the patent information. For that purpose the seminar was held in Vienna. The specialists of Rospatent and representatives from the regional innovation centers, institutes and other organizations, holding the activities in Russia for different users on the issues of patent information use took part in that seminar.

The set of events in Moscow and regions of Russia is planed to be realized within the third (final) stage of the Project next year.

In 2007 Rospatent as a leading institution from the Russian party made efforts to establish the Working Group on Cooperation in Intellectual Property Rights Enforcement under RussianChinese SubCommission on Trade and Economic Cooperation. The first meeting of the Working Group was held on August 13, 2007 in Moscow. Russian delegation headed by Rospatent consisted of the Ministry for Economic Development and Trade of the Russian Federation, Ministry of Foreign Affairs of the Russian Federation, Ministry of Internal Affairs of the Russian Federation, Federal Customs Service and Ministry of Agriculture of the Russian Federation. The Chinese delegation consisted of the heads of the key structures of the Ministry of Commerce of China. During the meeting Russian and Chinese parties determined the main fields and directions of cooperation: exchange of information between Russia and China on the current lawmaking and possible legal initiatives, on the strategy and measures of combating counterfeiting and piracy, sharing the experience of law enforcement in the sphere of intellectual property by law enforcement and administrative bodies, rendering consultancy services and exchange of information on the position of each party in the framework of the international organizations. Following the results of the meeting the parties signed the final document.

The work of the Group was highly appreciated and supported by the delegation of the Administration of the State Commission for the Protection of Intellectual Property of China during its visit to Rospatent in September 2007.

As a development of the main streams of the cooperation, planed by the decisions of the Working Group and as a implementation of the recommendations, included in the Program of the development of the RussianChinese trade and economic cooperation for 2006-2010 Rospatent held working meetings with the delegation of the Shenian ChineseRussian Center for Trade and Economic Cooperation, delegation of the State Service for Intellectual Property in the province Guandun. During the year the employees of Rospatent coordinated the activity of Russian Ministries and Services regarding the coordination of the proposals, aimed at extending of the RussianChinese cooperation.

In the period of April 22-27, 2007 the official visit of the delegation of Rospatent headed by Dr. Boris Simonov was paid to Shanghai (PRC) on the invitation of the Administration for the Intellectual Property of Shanghai and State Office for Intellectual Property (SIPO) of the People's Republic of China. During the visit a number of meetings with the representatives of Chinese state regional offices and private companies of Shanghai were held, directly involved in the protection and enforcement, creation and use of the intellectual property. The aspects of the Russian and Chinese legislation regarding the regional specialties were discussed in detail. Specific attention was paid to work of the system of Chinese technoparks, support of the small and medium - sized enterprises in the sphere of creation and use of the intellectual property results. The representatives of Rospatent conducted consultations with the authorities of the socalled Service Platform for Intellectual Property of the Pudong Zone and studied the work of the technopark Jangdgiang. The delegation of Rospatent also visited People's Court in Shanghai and held consultations directly with the judges, including the judges, dealing with intellectual property cases. During the visit the delegation was informed about the modern structure of the court for intellectual property. As a result of the visit a number of arrangements on the further development of cooperation were attained.

In January 22-27, 2007 in compliance with the plan of the work of RussianFrench Working Group on Intellectual Property Enforcement and Fight Against Counterfeiting, established in the framework of the Council on Economic, Financial, Industrial and Trade Issues (SEFIK), the RussianFrench delegation paid a visit to Vologda region and Krasnodar territory, which are the places of the traditional milk products and wine in the Russian Federation.

The aim of the visit was to study the production of the goods marked by the appellation of origin "Vologodskoe butter" (Vologda region), and wines, including appellation of origin "AbrauDurso" (Novorossisk city), as well as to exchange experience in the sphere of protection of the geographical indications and appellations of origin (AO) regarding the agricultural goods.

In the course of the meetings the parties exchanged the opinions and conducted consultations on the protection of the labeling means for agricultural goods. The communication with the managers and specialists of the factories - producers of the goods - gave the opportunity to conduct consultations on the provisions of the legislation in force.

The participants of the meetings marked that the exchange of opinions between the Russian and French specialists in the field of protection of appellation of origin based on the visit to the enterprises, producing traditional goods is very useful and give mutual benefits to the both parties. The participation of the French specialists in the visits to the administrations of the regions and enterprises in the places of traditional production of goods in the Russian Federation is considered to be very useful for creation of the system of identification of special properties of goods, made by such enterprises, depending on the features of the geographical environment of the place of origin, and also for establishing of the system of control over the sustention of the special properties defined and fixed in the goods (in case of registration of a name as appellation of origin).

In 2007 Rospatent continued its cooperation with the Forum of AsiaPacific Economic Cooperation (APEC). Specialists of Rospatent took part and made reports in the framework of the APEC seminars "Small and Medium - Sized Enterprises Management of Intellectual Property Rights" (Thailand) and "Using Market Research to Develop Effective IPR Campaigns" (Singapore).

In 2007 Rospatent jointly with the Patent Office of Chile worked out the Memorandum of Understanding between the Federal Service for Intellectual Property, Patents and Trademarks and Industrial Property Department at the Ministry of Economic Affairs of Chile.

The document was signed during the second meeting of the Intergovernmental RussianChilean Commission for Trade and Economic Cooperation (May 16, 2007). The Memorandum will enable to set the permanent dialogue and join the efforts of both countries in the field of intellectual property cooperation.

In June 2007, the delegation of the Office for Inventions of Democratic People's Republic of Korea (DPRK) headed by its VicePresident of the Office paid a working visit to Rospatent.

During the negotiations the arrangements on training of several examiners from the Office for Inventions of DPRK were reached, at the request of the Korean party the paroles for the free usage of the patent database of FGU FIPS as well as for the databases of the trademarks and industrial designs were provided to the Korean party. Further, the methodic materials on caring out examination and discs with the retrospective patent information of the Russian Federation from 1990 to 1993 and patent information from 1994 to March 2007 were passed to the Korean party.

In the reporting period the work to develop interoffice cooperation with the National Directorate on Industrial Property of the Ministry of Industry, Energy and Mining of the Eastern Republic of Uruguay was carried out.

In October 2007 the new Agreement for Exchange of Patent Documentation between FGU FIPS of Rospatent and the Patent Office of the State Department for Intellectual Property of the People's   Republic of China was signed.

In pursuance to the Order of the Government of the Russian Federation regarding realization of the decisions, adopted at the 11th session of the RussianVietnamese Intergovernmental Commission for Trade, Economic, Science and Technological Cooperation, and also during the implementation of the Control List of priority tasks of the further promotion of the RussianVietnamese strategic partnership in 2007 with the participation of Rospatent, the work on interoffice concordance was carried out and the Draft Agreement between the Government of the Russian Federation and the Government of the Socialist Republic of Vietnam on Cooperation in the Sphere of Intellectual Property Protection, approved by the Government of the Russian Federation, was prepared to be signed.

In the reporting period the representatives of Rospatent took part also in the meeting of the RussianNorwegian Working Group for Information Communication Technologies and Innovation and in the preparation of the expert consultations with the Federal Institute of Intellectual Property of the Switzerland in the framework of the activity of the Joint Intergovernmental Commission for Trade and Economic Cooperation between the Russian Federation and the Swiss Confederation.

The work of direct interaction with the representatives of the foreign rightholders, associations and unions, embassies of foreign countries was continued. Besides, the meetings with the representatives of the Japan External Trade Organization (JETRO), Japan Company Nippon Gijutsu Boeki, European Business Association in Russia, representatives of the associations of the European Producers of the Alcohol Production, governmental structures of the Republic of Korea (Gendgi Technopark and the Center for the support of small and medium - sized business of the Dedjon province), Embassy of Italy in the Russian Federation etc.) were held.

On March 15, 2007 Rospatent jointly with the Russian National Group AIPPI for support of the protection of the Intellectual Property conducted a seminar aimed at discussing critical issues on the protection of the industrial property in the sphere of pharmacy and biotechnology.

3.3. Cooperation with the CIS Countries

In 2007 Rospatent continued active work in the executive bodies of CIS countries and multilateral integration unions of these countries.

Within the framework of the Agreement on the Measures for Protection of Industrial Property and Establishment of the Interstate Council for Intellectual Property Protection under the chairmanship of Dr. Boris Simonov, Director General of Rospatent, the 16th meeting of the Interstate Council for Intellectual Property Protection (hereinafter - Council/ MGS OPS) was held in May 2007, Baku (Republic of Azerbaijan). Plenipotentiary Representatives of nine CIS memberstates of the Council, as well as observers from Georgia, Turkmenistan, WIPO, the EPO and EAPO, took part in the meeting. During the meeting the issues on the development of the market of intellectual property, protection and enforcement of intellectual property rights, establishment of the Interstate Register of Appellations of Origin of the MGS OPS MemberStates were under consideration. Participants of the meeting considered the results of the discussion of the Working Group on the discussion of issues of the support of small and medium - sized enterprises, development of innovation activity, evaluation of cost of intellectual property objects, execution of rights and balance on interests of the state with regard to protection of state funded intellectual property. At the meeting of the Council Rospatent continued to discuss the concept of the extension of the MGS OPS activity to the sphere of the copyright and related rights and transformation of it into the Interstate Council for the Protection of Intellectual Property and to study the drafts of the documents, prepared by the Russian party: "Agreement on the Measures of the Protection and Enforcement of Intellectual Property and Establishing of the Interstate Council for Legal Protection and Enforcement of Intellectual Property", "Provision on the Interstate Council for the Protection and Enforcement of Intellectual Property", "Protocol on Intentions to Establish the Interstate Council for the Protection and Enforcement of Intellectual Property". The Council decided to adopt the concept submitted by the Russian Federation on the establishment of the Interstate Council for the Protection and Enforcement of Intellectual Property taking into account amendments from the MGS OPS MemberStates and continue the procedure of concordance of the drafts of the normative documents.

During 2007 the coordination of the activity of the MGS OPS MemberStates with regard to the implementation of the activities, provided for by the 16th meeting of the Council, was effectuated.

In the framework of the Agreement on Cooperation for Combating Intellectual Property Infringement under the chairmanship of the Plenipotentiary Representative of the Russian Federation Dr. Boris Simonov, Director General of Rospatent, two meetings of the Joint Working Commission of the Member - States of the Agreement on Cooperation for Combating Intellectual Property Infringement were held in May (Kiev, Ukraine) and in October (Minsk, Republic of Belarus). In the course of the meetings the issues of the popularization of the results of the work on counteraction of intellectual property infringement in the MemberStates of the Agreement, issue of the legal regulation of the use of the signs, which have been used for a long time within the territory of the Russian Federation by the great number of producers and has got the protection as trademarks in the memberstates of the Agreement were discussed. The Joint Working Commission considered the Draft Agreement, submitted by the Russian party, on the organization of intergovernmental exchange of information and establishment of the national databases of copyright and related rights prepared on the bases of the Conception on the establishment of the national databases and the organization of the intergovernmental exchange of information for the prevention and combating the intellectual property infringement, signed by the Council of the Heads of the Governments of CIS MemberStates on 5 May, 2006 in Dushanbe.

In February 2007 Rospatent as a coordinator hold a regular session of the Coordination Council of the Project for the Industrial Output of Regional PatentInformational Product of the CIS States on CDROM (Kishinev, Republic of Moldova). Stable and successful work with regard to the output of the regional product "CISPATENT" was marked at the session. The commutative index database, created in the framework of the project "CISPATENT", provides the bibliographical data and abstract search, search of the ample description of the inventions found by references to the publications in the databases   in the Internet on the web sites of Rospatent and Eurasian Patent Organization. Discs, issued on the bases of the project "CISPATENT", are intensively used by the CIS patent offices for the international exchange of patent information.

The signing of the Agreement on the Cooperation in the Sphere of Industrial Property between the Federal Service for Intellectual Property, Patents and Trademarks and National PatentInformational Center of the Ministry of Economic Development and Trade of the Republic of Tajikistan in June, 2007 was the important result of the development of the relations with the CIS Patent Offices.

3.4. Cooperation with the Eurasian Patent Organization

In the reporting period Rospatent continued cooperation with the Eurasian Patent Organization.

In compliance with the Protocol on Technical Assistance to the Agreement between the EAPO and Rospatent on Cooperation in the Field of the Legal Protection of the Inventions the negotiations on the program, comprising the main issues of implementation of the software MIMOSA Authoring V5, were held.

During 2007 the project to provide assess to the system EAPATIS by the Eurasian Patent Office for the employees of the Division "All Russian PatentTechnical Library" has been implemented.

In May 2007 specialists of Rospatent took part in the work of the regional seminar "The Role of the Intellectual Property Offices at the Present Stage. Main Tasks and Challenges", organized by the EAPO at the basis of the Patent Office of Republic of Azerbaijan.

In September 2007 the representatives of Rospatent took part in the work of the 12th session of the Budget Working Group of the Administrative Council of the Eurasian Patent Organization (EAPO), where the   EAPO 2006 Annul Report and the Draft Budget for 2008 were considered. The decision to recommend to the EAPO Administrative Council to adopt the documents was taken after the consideration of the above mentioned documents.

In November 2007 the delegation of Rospatent headed by its Director General, Plenipotentiary Representative of the Russian Federation, Dr. Boris Simonov, took part in the 12th session of the EAPO Administrative Council. Taking into account the recommendations of the 12th session of the Budget Working Group the participants of the meeting approved the 2006 Annual Report and adopted the   Budget for 2008. At the session of the Administrative Council the selected changes and additions to the Patent Regulations under Eurasian Patent Convention as well as the amendments to the Regulations on Fees of the Eurasian Patent Organization, put in force as of the February 1, 2007.

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

In 2007 Rospatent carried out its work as the International Searching Authority and the International Preliminary Examining Authority within the framework of the Agreement between Rospatent and the International Bureau of the World Intellectual Property Organization (WIPO) concluded for the period October 1, 1997 to December 31, 2007. According to this Agreement Rospatent carries out the International Search and the International Preliminary Examination in Russian, English, Spanish, German or French and is designated as the competent International Searching Authority and the International Preliminary Examining Authority by the Receiving Offices of 28 Contracting States.

In 2007 the International Search was carried out with respect to 797 international applications (including 144 applications filed to the International Bureau of WIPO as the Receiving Office and also with the Receiving Offices of Ukraine, Belarus, Georgia, Latvia, Lithuania, Moldova, Kazakhstan, the EAPO, Azerbaijan, Bulgaria, Hungary). Requests to carry out the International Preliminary Examination were received with respect to 132 international applications (including 30 requests with respect to applications, filed to the Receiving Offices of the states other than Russia).

Moreover, under the Agreement with the International Bureau of WIPO Rospatent as the International Searching Authority and the International Preliminary Examining Authority prepared and transmitted 134 Search and Examination Reports to requests received from the Patent Offices of developing countries in 2007.

Under Article 15(5) of the PCT, Rospatent carries out the Internationaltype Search with respect to national (regional) applications. In 2007 the Internationaltype Search Reports were prepared with regard to 1194 applications filed with Rospatent and 251 applications filed with the Patent Offices of the CIS countries (Kazakhstan, Tajikistan, Kyrgyzstan, and Azerbaijan). In 2007 the Internationaltype Search Reports or Russianlanguage collection Search Reports were transmitted to the EAPO with respect to 681 Eurasian applications.

In 2007 in accordance with the Agreement between Rospatent and the Turkish Patent Institute (TPI) 659 Internationaltype Search and Examination Reports were prepared and transmitted to the TPI.

A number of indices for the last 5 years are shown in the Table 3.5.

Table 3.5

Indices
Years
2003
2004
2005
2006
2007
Number of Applications for the International Search
555
616
595
733
797
Number of International Preliminary Examination Requests
227
180
151
124
132
Number of Established InternationalType Search Reports:
to Requests from Russian Applicants
982
1146
1096
1717
1194
to Requests from the CIS Countries
539
368
370
477
251
to the EAPO Requests
568
582
710
602
681
to the TPI Requests
1222
941
880
1021
659


3.6. Rospatent as the Receiving Office

The work of Rospatent as the Receiving Office is determined by the provisions of the Patent Cooperation Treaty (PCT) and the Regulations under the PCT. Under the PCT Articles 2(xv), 10 and Rule 19 of Regulations Rospatent as the Receiving Office receives the international applications from persons who are the residents or have their domicile in the territory of the Russian Federation. The applications are received in Russian and English.

In 2007, 758 international applications were filed with Rospatent as a Receiving Office (see Table 3.6).

The Federal Service for Intellectual Property, Patents and Trademarks and the European Patent Office are the competent International Searching Authorities with respect to applications filed with Rospatent as the Receiving Office. In 47 international applications the European Patent Office was selected as the International Searching Authority; in the overwhelming majority of the cases the applicants preferred to select Rospatent as the International Searching Authority.

Since January 1, 1999, Rospatent as a Receiving Office receives international applications filed using the PCTSAFE software. Thus, in 2007 Rospatent received 110 such applications, i.e. around 14,5 per cent of the total number of applications filed.

In addition, under the Article 15(1)(ii) of the Eurasian Patent Convention Rospatent is the Receiving Office for the Russian applicants, filing Eurasian application. The number of the Eurasian applications, filed in 2007 by the Russian applicants, was 113.

Table 3.6

Inidices
Years
2001
2002
2003
2004
2005
2006
2007
Number of International Applications filed
581
572
596
544
690
719
758
Number of International Applications filed using PCTSAFE
54
55
96
69
133
143
110



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