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Annual reports 2008 - Section 3

 



Section 3. Main Aspects of Rospatent International Activity

 

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

Cooperation with the World Intellectual Property Organization (WIPO) is one of the main aspects of Rospatent’ cooperation with international organizations aimed to integrate the national legislation system of the Russian Federation in the field of intellectual property protection and enforcement into the world harmonization process of the relative national systems.

During 2008 Rospatent pursued an active participation in the activities of the basic Committees and Working Groups of WIPO. To guarantee 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.

The experts from Rospatent and the Ministry of Culture of the Russian Federation took part in two sessions of the Standing Committee on Copyright and Related Rights, devoted to the discussion of matters of protection of broadcasting organizations rights, audiovisual performances protection, and also issues of copyright limitations and exception.

With an active participation of Rospatent’ experts in the regular meetings of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) the discussion of issues on areas of convergence on the representation of non-traditional marks and the areas of convergence on trademark opposition procedures was completed. The Standing Committee confirmed the areas of convergence on the above-mentioned questions and asked the Secretariat to publish two corresponding documents and bring those documents to the attention of the WIPO Assemblies.

On the result of the discussion relating to the industrial designs issues it was agreed to prepare a working document which would identify possible areas for convergence on industrial design law and practice of the SCT Members.

Furthermore, the Assembly of the Paris Union in September 2008 approved the decision recommended by the Standing Committee to modernize the communication procedures under Article 6ter of the Paris Convention for the Protection of Industrial Property with regard to introduction of the periodical system of electronic publication of Article 6ter communications instead of current paper publication taking into consideration the up-to-date means of communication.

Within the framework of participation in the 12th and 13th sessions of the WIPO Intergovernmental Committee on the Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (WIPO/GRTKF) in 2008 Rospatent prepared comments to the documents that are under discussion at the Committee, made a report on the measures taken in the Russian Federation and activities held by governmental organizations aimed to preserve the traditional culture of peoples of the Russian Federation. Proposals of the delegation of the Russian Federation among the proposals from the other countries served as a basis to develop revised provisions of documents subject to further analysis by the Member-States of the Committee.

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.

The specialists of Rospatent took part in the 10th session of the Standards and Documentation Working Group of the Standing Committee on Information Technologies of WIPO, where a revised WIPO Standard ST.22 “Patent applications typed in OCR Format” was adopted.

Also the issues on the revision of Standard ST.10/C “Presentation of bibliographic data components”, development of XML standards, and also update of the contests of WIPO Handbook on Industrial Property Information and Documentation were under discussion.

The delegation of the Russian Federation took an active part in the 45th series of the Assemblies of the Member-States of WIPO held in September 22-30, 2008 at Geneva.

The General Assembly of WIPO unanimously appointed on September 22, 2008, Mr. Francis Gurry, a national of Australia, as Director General of WIPO for a six-year term that begins on October 1, 2008 and runs through September 2014.

The Russian delegation headed by Dr. Boris Simonov, Director General of Rospatent, took an active part in the discussion of the Agenda items in the format of both official and unofficial meetings and negotiations of all interested participants of the Assemblies, and also of the Group of Central Asian, Caucasus and Eastern European countries coordinated by the Russian Federation in 2008. The active position of the Russian delegation at the regional meetings on the majority of questions had an impact on the position building of the whole regional group that reflected subsequently in its speech as a coordinator at the official meetings, and also at the appearances of the delegations from the CIS countries.

Decisions taken at the meetings of the Assemblies, in whole, reflect an official position of the delegation of the Russian Federation on the Agenda items and aimed at further developing and improving of the Organization and strengthening of the role of the intellectual property in the world.

In the reporting year Rospatent’s representatives jointly with the Ministry of Foreign Affairs of the Russian Federation participated in the 1-st and 2-d sessions of the WIPO Committee on Development and Intellectual Property in the course of which the program on implementation of the 45 related to a WIPO Development Agenda recommendations adopted by the General Assembly in 2007 was under detailed consideration.

The amendments in respect of carrying out the additional international search were introduced into the Agreement between Rospatent and the International Bureau of WIPO in Relation to the Functioning of Rospatent as an International Searching Authority and the International Preliminary Examining Authority under Patent Cooperation Treaty (PCT).

Taking into consideration the interest of the applicants and potential rightholders to the subject of the seminars on the issues of more effective implementation of the Patent Cooperation Treaty (PCT) and Madrid System of International Registration of Marks in 2008 in cooperation with WIPO the regional seminars were continued to be held in Russian cities (2 PCT seminars and 1 seminar on Madrid System of International Registration of Marks).

Rospatent continued its active cooperation with WIPO on the issues of personnel training in the intellectual property field. Thus, in 2008 the negotiations on the revision of the Agreement between Rospatent and WIPO managing this cooperation were started. The Draft Agreement assumes the continuation of mutual activities with regard to the projects already started, for instance, management of the distance learning course DL-101 “General Course on Intellectual Property” in Russian, and also expansion of cooperation within the framework of other existing projects of the WIPO Worldwide Academy.

As a first step aimed to organize a regional international training centre on intellectual property on the basis of the Russian State Educational Institute of Intellectual Property (RGIIS) RGIIS joined the Global Network of IP Academies organized under the auspices of WIPO.

In 2008 Rospatent in cooperation with proper executive authorities participated in the work on implementation of intrastate procedure of accession of the Russian Federation to the Patent Law Treaty (PLT).

In 2008 the procedure of coordination with the corresponding executive authorities to implement intrastate procedure of ratification of the Singapore Treaty on the Law of Trademarks by the Russian Federation was continued. At the meeting of the Government of the Russian Federation on December 15, 2008 the decision to approve the Draft Federal Law “On Ratification of the Singapore Treaty on the Law of Trademarks” and to introduce it in accordance with established procedure to the State Duma of the Russian Federation was taken.

The Singapore Treaty on the Law of Trademarks harmonizes and simplifies procedural aspects of trademark registration and licensing in the offices of the Contracting parties enabling both applicant and rightholder and trademark office to take advantage of efficiencies in using modern communications technologies to process and manage evolving trademark rights.

In 2008 the intrastate procedures on the accession of the Russian Federation to the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty (Order of the Government of the Russian Federation of July 14, 2008 № 998-р and Order of the Government of the Russian Federation of July 21, 2008 № 1052-р) were performed. The notifications on the accession of the Russian Federation to the above-mentioned treaties were submitted to the Director General of WIPO on November 05, 2008. The WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty will enter into force with respect to the Russian Federation on the expiry of three months from the moment of disposal of the instrument of accession.

3.2. Cooperation with International Organizations

Asia-Pacific Economic Cooperation (APEC)

Within the framework of Russia’s participation in the Forum “Asia-Pacific Economic Cooperation” (APEC), leading dialogue mechanism in the Asia-Pacific Region, Rospatent prepared the reported materials for the 2007–2008 biennium to the Chapter “Intellectual Property Rights” of the Individual Plan of Actions of Russia on the Liberalization of Trade and Foreign Investments.

Eurasian Economic Community (EurAsEC)

To increase the role of intellectual property in the economic development of the EurAsEC member-states (Republic of Belarus, Russian Federation, Republic of Kazakhstan, Kyrgyzstan Republic, Republic of Tajikistan) in 2008 the Council on Intellectual Property Issues under EurAsEC Integration Committee (hereinafter referred to as “the Council”) was established. The Council activity is aimed at elaborating within the EurAsEC framework coordinated policy in the intellectual property field to provide further growth of economic potential and increase competitive ability of the member-states of the Community. The Director General of the Federal Service for Intellectual Property, Patents and Trademarks Dr. B. Simonov was elected unanimously as the Chair of the Council.

During 2008 two meetings of the Council (June, November) were held in Moscow. At the first meeting the Work Plan of the Council on Intellectual Property Issues for 2008-2010 and future period was approved, the activities of which provide for direct involvement of Rospatent. The representatives of Rospatent were included in two working groups under the Council, one group on Elaboration of Draft Agreements and the other one on Conception of the EurAsEC Innovation System Creation. Following Rospaten’s initiative the elaboration of the Draft Agreement on Mutual Recognition of Patents for Inventions in the Member-States of the Eurasian Economic Community and the Draft Agreement on Mutual Recognition of Legal Protection of Trademarks and Service Marks in the Member-States of the Eurasian Economic Community were included into the Working Plan of the Council for 2008. The Drafts of these Agreements elaborated by Rospatent were under discussion at the second meeting of the Council in November 2008.

European Union (EU)

In the reporting year Rospatent hold two regular sessions of experts in the framework of the Russia-EU dialogue on the intellectual property in pursuance of Section 1.3 of the “Road Map” of the Common Economic Space of Russia-EU.

The European party at these meetings was presented by the experts of the European Commission and the European Commission’s Delegation in Moscow; Russian party was presented by the specialists from Rospatent, Ministry of Economic Development of the Russian Federation, Federal Customs Service of the Russian Federation, Ministry of Healthcare and Social Development of the Russian Federation, Federal Service on Supervision in Healthcare and Social Development, Ministry of Foreign Affairs of the Russian Federation, Ministry of Internal Affairs of the Russian Federation, General Prosecutor’s Office of the Russian Federation, Ministry of Agriculture of the Russian Federation. The representatives of the interested rightholders were also invited.

In the course of these meetings topical issues of both legislative initiatives of the parties and law enforcement practice, internet piracy, geographical indications and other issues were under discussion.

The agreements on the joint organization of the activities aimed at training, exchange of experience and public awareness were reached.

European Patent Office (EPO)

Cooperation between the European Patent Office (EPO) and Rospatent is carried out on the basis of the Memorandum of Understanding on Bilateral Cooperation between the two offices signed by the Director General of Rospatent Dr. B. Simonov and President of the EPO Pr. A. Pompidou on April 17, 2007 at Munich (Germany). The Memorandum has the goal to establish a wide-ranging and flexible mechanism for guiding and furthering co­operation between Rospatent and the EPO in the field of industrial property. On the EPO side the cooperation is implemented within the Project on Cooperation with the CIS countries and Mongolia hold by the EPO Directorate for International Relations.

To develop a Russian Segment of Esp@cenet the creation of the educational module Esp@cenet Assistant in Russian was finished in 2008. The module will be published on the website of the Russian segment at the beginning of 2009. At the end of 2008 the Russian segment of Esp@cenet database contained more than 274 000 Russian patent documents published since the year of 2000.

In 2008 Rospatent and the EPO jointly held preparatory work to transfer the Russian segment to the EPTOS platform. It is supposed to update the file of documents containing in the Russian segment and to increase the effectiveness of its management.

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 would enable to reduce efforts and increase the labor productivity of Rospatent examiners.

In 2008 four stages of the project “Patent Information for Innovations” aimed at preparing a group of specialists in various regions of Russia who hold different activities on popularization of patent information, in particular Internet-Service Esp@cenet as a means of electronic access to the patent information databases.

A number of seminars, round tables, conferences and discussion forums for students, postgraduate students, young researches, professors of universities, experts, intellectual property specialists and managers of small and medium-sized enterprises, and also of industrial enterprises were held in Moscow, Nizhniy Novgorod, Novosibirsk and Yekaterinburg. A new course on patent information for postgraduate students was developed in Yaroslavl University, and RGIIS already enlarged existing courses on patent information.

On the results of these events in December 2008 in the EPO branch office one more meeting of the participants of the project aimed to exchange an experience and elaborate plans on further collaboration was held. The participants marked definite advantages of the work carried out within this project and suggested to continue the cooperation getting the EPO to take part in the events for the Russian audience. The seminar held in October 2008 in Novosibirsk showed that the participation of the specialists from the EPO and Rospatent considerably increased the interest to this event and allowed to enlarge the circle of its participants.

On June 9-10, 2008 a workshop “Aspects of Applications Examination” organized jointly Rospatent and the EPO were held at Rospatent. Common issues of examination, in particular, the EPO approach to the determination of inventive step, and also specific aspects of the examination in the field of medicine and biotechnology were under consideration at this workshop.

Moreover, specialists of FGU “Chamber of Patent Disputes” took part in the Regional forum on intellectual property issues for judges from the CIS countries held with the support of the EPO on May 27-29, 2008 in Kiev.

3.3. Bilateral Cooperation

During 2008 Rospatent in the framework of the Russian-Chinese Working Group on Cooperation in Intellectual Property Rights Enforcement (hereinafter referred to as "the Working Group") continued its collaboration with the Chinese party according to coordinated directions of cooperation.

Rospatent as the head office from the Russian side carried out coordination of activities of the Russian Ministries and Offices on agreement of proposals aimed at both development of the Russian-Chinese cooperation and establishment of direct contacts between the law enforcement and customs Authorities of the Russian Federation and the People’s Republic of China on the basis of interoffice agreements.

As previously agreed Rospatent sent twice to the Chinese party (in April and December) the materials of the Ministry of Internal Affairs of the Russian Federation and the Federal Customs Service of the Russian Federation on the results of operational and service activity as well as positive experience on revelation and combating intellectual property infringements.

In November 2008 Rospatent prepared and forwarded proposals to the State Office for Intellectual Property of the People’s Republic of China (SIPO) with the purpose of continuation of discussion of the Chinese party initiatives concerning probations of the Chinese specialists in Rospatent and in RGIIS. At the same time the Chinese party was offered to discuss the possibility to conclude the relevant agreement within the framework of Chinese-Russian Sub-Committee on Cooperation in the Educational Field.

On July 17-18, 2008 in Beijing (the People’s Republic of China) the Russian delegation, headed by Rospatent, took part in the second meeting of the Working Group. From the Russian side on the delegation there were representatives of the Ministry of Internal Affairs of the Russian Federation, the Ministry of Economic Development of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation. From the Chinese side there were representatives of the Ministry of Commerce of China, the Main Customs Authority of China, the State Committee on Intellectual Property of China, the Ministry of Public Security of China. In the course of the meeting the delegation of Rospatent informed of the latest changes in the intellectual property legislation of the Russian Federation, and, in particular, on provisions of Part IV of the Civil Code of the Russian Federation, took part in exchange of opinions on initiatives of the European Community, the USA and other developed countries on conclusion of the Anti-Counterfeiting Trade Agreement. The delegation of Rospatent noted the increasing role of cooperation within the framework of the APEC Forum. The parties agreed to strengthen cooperation within the framework of the APEC Forum in the field of intellectual property including exchange of information. In the course of the meeting the initiatives on conclusion of interoffice agreements between the law enforcement and customs Authorities of both countries were being discussed. The achieved accords were reflected in the final document of the second meeting of the Working Group.

In August 2008 Rospatent prepared and submitted to the Ministry of Foreign Affairs of the Russian Federation the proposals on inclusion of issues, considered within the framework of the Working Group, in the Plan of Actions on implementation of provisions of the Russian-Chinese Treaty of Neighborhood, Friendship and Cooperation for 2009–2012.

In August–September 2008 in the course of preparation to the 13th regular session of the Heads of Government of the Russian Federation and the People’s Republic of China Rospatent submitted to the Ministry of Foreign Affairs of the Russian Federation and the Ministry of Economic Development of the Russian Federation with reference materials on issues of the Russian-Chinese cooperation in the field of intellectual property to form position of the Russian party. The Director General of Rospatent, Dr. Boris Simonov, took part in the third Russian-Chinese Economic Forum that took place on October 28, 2008 within the framework of the regular session of the Heads of Government of the Russian Federation and the People’s Republic of China and that was one of the first key activities of economic character of the past year in bilateral cooperation.

In pursuance of decisions of the IX session of the Joint Intergovernmental Commission for Trade and Economic Cooperation between the Russian Federation and the Swiss Confederation in 2008 two rounds (in Russia and Switzerland) of expert consultations on the draft of bilateral Russian-Swiss Intergovernmental Agreement on Protection of Geographical Indications and Appellations of Origin took place.

Representatives of the Federal Institute of Intellectual Property of Switzerland, the Swiss Embassy in Russia, the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent), FGU FIPS and the Ministry of Economic Development of the Russian Federation took part in the consultations.

In the framework of two rounds of expert consultations on the Draft Agreement the parties achieved essential progress in search of mutual understanding on format, structure, scope, purposes and the main contents of the document. The clause-by-clause discussion of the Draft was carried out in the course of which most part of disagreements was released.

Work of experts was mentioned as positive in the course of the X session of the Joint Intergovernmental Commission for Trade and Economic Cooperation between the Russian Federation and the Swiss Confederation on the results of which Rospatent and the Federal Institute of Intellectual Property of Switzerland were instructed to carry out two rounds of negotiations in 2009 on the basis of the work that had been already done to complete not later than by the end of 2009 work on preparation of the Draft and the report in the framework of the XI session of the Joint Intergovernmental Commission for Trade and Economic Cooperation.

In the field of Russian-Vietnamese cooperation the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) carried out work on preparation and coordination of 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 in 2007–2008.

The signing of the agreement took place on October 27, 2008 in the framework of the official visit to the Russian Federation of the President of the Socialist Republic of Vietnam Mr. Nguyen Minh Triet.

On behalf of the Government of the Russian Federation the Agreement was signed by the Director General of the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent), Dr. Boris Simonov.

For the purpose of coordination of cooperation in the framework of the Agreement the Federal Service for Intellectual Property, Patents and Trademarks and the National Office on Intellectual Property of Vietnam were appointed as authorized bodies.

In 2008 Rospatent continued its work within the framework of the Russian-French Working Group on Intellectual Property Enforcement and Counterfeit Combating, established within the framework of the Russian-­French Council on Economic, Financial, Industrial and Trade Issues (SEFIK). In June the Third session of the Working Group took place where the French party were represented by the Ministry of Economy and Finance, the Ministry of Internal Affairs, Security and Liberty Protection, the National Institute of Appellations of Origin, the French Embassy in Russia, the branch offices of the European Commission in Russia and also a range of French companies. From the Russian part there were representatives of 10 federal authorities, the General Prosecutor’s Office of the Russian Federation, the Arbitration Court of Moscow, business communities.

In the course of the plenary session the parties exchanged the information on the experience in fight against counterfeiting, its legislative and law-enforcement aspects. The French party was informed in detail of the changes that took place in the system of the legislation of the Russian Federation in the sphere of intellectual property since the last session of the Working Group and also of the statistical information of the Ministry of Internal Affairs  of the Russian Federation and the Federal Customs Service of the Russian Federation on the activity of offices aimed at combating illegal trafficking and crossing the boarder of counterfeit and pirate products.

As the most urgent and vital issues were defined: combating infringement of intellectual property rights in the Internet, operative exchange of information, cooperation in training, organization of joint seminars and workshops, exchange of experience on-site, etc.

Furthermore, some work in parallel sections was carried out that was dedicated to:

  1. law enforcement and operational aspects of combating counterfeiting;

  2. cooperation in the field of geographical indications and appellations of origin;

  3. combating counterfeit of pharmaceuticals.

On request of the French side there was organized a study visit to the Russian Customs Point.

On the results of the meeting the parties defined the further scope and directions of cooperation and also particular activities concerning fulfillment of the entered engagements achieved in the course of discussion.

According to the decisions of the XV meeting of the Russian­-French Council on Economic, Financial, Industrial and Trade Issues (SEFIK) (St. Petersburg, July 23–25, 2008) and the XIII session of the Russian-­French Commission for Issues of Bilateral Cooperation on the Level of the Heads of the Governments (Sochi, September 20, 2008) in the reporting year the work on preparation of bilateral Intergovernmental Agreement on Cooperation in the Area of Legal Protection of Geographical Indications and Appellations of Origin was initiated.

To comply with the interests of the Russian Federation in relation to the use of prior and newly created intellectual property considering the contribution of Russia in 2008 the specialists of Rospatent carried out the work on analyzing and submitting conclusions on drafts of Intergovernmental Agreements on Science and Technology Cooperation with the Republic of Austria, the Swiss Confederation, the Federal Republic of Germany. In October — November, 2008 the working visits of the delegations from the Japan Patent Office (JPO) and the Korean Industrial Property Office (KIPO) to Rospatent took place.

The visits were aimed at the development of bilateral cooperation between the Offices on quite a number of directions, including automatization and optimization of procedures of patent examination procedure, cooperation in the field of patent documentation and databases use, computer-aided translation, cooperation within the framework of the initiative “Patent Prosecution Highway” (PPH).

The PPH is aimed at speeding up examination and allows the applicants to receive faster and with more efficiency the corresponding patents. The PPH gives the offices the opportunity to use the results of works already done by the other office that allows reducing the workload and improving the quality of patents.

3.4. Cooperation with the CIS Countries

In 2008 cooperation of Rospatent with the CIS Countries (the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Republic of Tajikistan, the Republic of Uzbekistan and Ukraine) was carried out not only in the line of bilateral contacts but also in the line of participation in the work of authorities of branch cooperation of the CIS Countries

In March (Minsk, the Republic of Belarus) and in November (Kishinev, the Republic of Moldova) within the framework of the Agreement on Cooperation for Combating Intellectual Property Infringements the delegation of Rospatent took part in the regular sessions of the Joint Working Commission under the chairmanship of Dr. Boris Simonov. In the course of the sessions the work on the draft Agreement on the Cooperation of the Member-States of the CIS Countries on Organization of Intergovernmental Exchange of Information and Development of Copyright and Related Rights National Databases prepared by Rospatent was continued.

In accordance with the decision of the Joint Working Commission in December 2008 Rospatent sent the Draft of the said Agreement to the Ministry of Education and Science of the Russian Federation subject to further submission to the Executive Committee of the CIS. The delegation of Rospatent also took part in discussion of the Draft Agreement on Legal Regime of the Signs Used before the Date of Establishing of the CIS elaborated by Belarus.

In spite of the concern expressed by the delegation of Rospatent about the existence of the considered problem and the necessity of finding ways for solving it, particularly, on the basis of proposals of the Byelorussian side, the Draft Agreement was not supported by most of the participants of the session. According to the results of the discussion the participants of the session reached the decision of inexpediency of continuation of work on the Draft Agreement and continuation of finding ways for solving the said matter on the bilateral basis.

Moreover, the delegation of Rospatent provided the participants of the session of the Joint Working Commission with the information for the reporting period of the latest changes in the legislation of the Russian Federation in the sphere of protection and enforcement of intellectual property rights and of the main activities carried out by internal affairs and the customs Authorities of the Russian Federation for efficient protection of intellectual property rights.

In March 2008 (Tbilisi, Georgia) Rospatent as a coordinator participated in holding a regular session of the Coordination Council of the Project for the Industrial Output of Regional Patent and Informational Product of the CIS Countries on Optical Disks CD-ROM. In the course of the session of the Coordination Council the report of Rospatent on industrial output of regional patent and informational product on CD-ROM in 2007, the plan on output of disk «CISPATENT» for 2008, issues of further development of the Project for the Industrial Output of Regional Patent and Informational Product of the CIS Countries and also the issue of switching to information publication in XML format were considered. During 2008 Rospatent executed a coordinating role on unification of approach on submission of information in XML format according to WIPO Standard ST.36.

In June 2008 (Astana, the Republic of Kazakhstan) the delegation of Rospatent took part in the Joint Meeting of the Intergovernmental Council on Issues of "Industrial Property Protection (hereinafter referred to as "MGS OPS") and the Joint Working Commission of the Member-States of the Agreement on Cooperation for Combating Intellectual Property Infringements. In the course of the meeting the delegation of Rospatent took part in discussion of the report on the results of the Working Group activity on improvement and harmonization of national legislation of the CIS Member-States within the framework of MGS OPS and the establishment of the Intergovernmental Register of Appellations of Origin of the MGS OPS Member-States. Rospatent informed the participants of the meeting on the cooperation with the World Intellectual Property Organization on organization of work with the purpose of carrying out the studies on development of inventive activity and support of the small and medium-sized innovative business with the use of mechanisms of intellectual property protection and enforcement. At the same time Rospatent made the statement on the progress of the implementation of the Agreement on Mutual Protection of Intergovernmental Secrets in the Field of the Legal Protection of Inventions dated June 4, 1999. Following the decision of the 17th meeting of MGS OPS the Ad hoc Working Group was created, the provision of organizational and technical support of which according to the Agreement was put on Rospatent. The list of members of the said Working Group was confirmed, the representative of Rospatent Mr. D.B. Klefortov was elected as a head of the Group.

In the framework of the MGS OPS meeting, the delegation of Rospatent participated in discussion of the conception of foundation of the Intergovernmental Council on Issues of Intellectual Property Protection and Enforcement by means of combining functions of MGS OPS and the Joint Working Commission of the Member-States of the Agreement on Cooperation for Combating Intellectual Property Infringements and widening the scope of activity to the copyright and related rights. On the results of the discussion the Working Group on Improvement and Harmonization of the National Legislation of the CIS Member-States was decided to complete drafts of main normative documents that define new functions of the Intergovernmental Council.

The important result of the MGS OPS meeting was a signing of the Protocol on Joining the Committee for Intellectual Property of the Ministry of Justice of the Republic of Kazakhstan to the Agreement on Output of Joint Regional Patent and Informational Product on Optical Disks CD-ROM.

In the reporting period the representatives of Rospatent took part and made the presentations on the following international academic and research activities that are organized in patent offices of the CIS Countries:

  • Seminar «Intellectual Properly, Information Technology and Innovations» (May, the Republic of Tajikistan);

  • Symposium «Traditional Knowledge and Folklore» (June, the Kyrgyz Republic);

  • Seminar «Intellectual Properly and SME Innovations» (June, the Republic of Kazakhstan);

  • Symposium «Modern Management of Intellectual Property System for Economic, Social and Cultural Development» (July, the Azerbaijani Republic);

  • VII Science and Practical Conference dedicated to Economic Issues of Intellectual Property (November, the Republic of Moldova);

3.5. Cooperation with the Eurasian Patent Organization (EAPO)

In 2008 Rospatent continued its active cooperation with the Eurasian Patent Organization (EAPO). On February 15, 2008 the Protocol on Technical Cooperation between the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) and the Eurasian Patent Office of the Eurasian Patent Organization (EAPO) on the matters relating to the 8th edition of the International Patent Classification was signed. In April 2008 the representatives of Rospatent took part in the 5th session of the Standing Working Group on Informational Technologies of the EAPO Administrative Council. In pursuance of the decision of the said session Rospatent submitted to the EAPO the information on practice of implementation in Rospatent the standard of presentation of information in XML format and also information on introduction of the electronic document processing system in the Office.

In the reporting year the representatives of Rospatent took part in the 13th meeting of the Budget Working Group of the EAPO Administrative Council and also in work of the 20th (the 15th regular meeting) of the EAPO Administrative Council.

In the course of the meeting there were discussed and accepted new documents: « The Procedure of Generation and Expenditure of the EAPO Reserve Fund» and «The Principals of Transferring Fees in Russian Rubles to the National Offices of the Contracting Parties for Maintaining the Eurasian Patents on their Territories», Changes and Additions to the Financial Regulation of the Eurasian Patent Convention connected with the formation of the Reserve Fund were adopted. All indicated documents are to put in force from January 1, 2009.

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

In 2008 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 January 1, 2008 to December 31, 2017. According to this Agreement Rospatent carries out the International Search and the International Preliminary Examination in Russian or English and is designated as the competent International Searching Authority and the International Preliminary Examining Authority by the Receiving Offices of 27 Contracting States.

In 2008 the International Search was carried out with respect to 861 international applications (including 139 applications filed with the International Bureau of WIPO as the Receiving Office and also with the Receiving Offices of Ukraine, Belarus, Mongolia, Latvia, Lithuania, Moldova, Kazakhstan, Kyrgyzstan, the EAPO, Azerbaijan, Bulgaria, Hungary). The demands to the International Preliminary Examination were received with respect to 101 international applications (including 14 demands with respect to applications, filed to the Receiving Offices of the states other than Russia).

Moreover, under the Agreement between the State Committee for Inventions and Discoveries under the State Committee of USSR for Science and Technology and the International Bureau of WIPO as from September 28, 1988 Rospatent as the International Searching Authority and the International Preliminary Examining Authority in 2008 prepared and transmitted 76 Search and Examination Reports and 2 Search Reports on state of art to requests received from the Patent Offices of developing countries.

Under Article 15(5) of the PCT Rospatent carries out the International­ Type Search with respect to national (regional) applications. In 2008 the International Type Search Reports were prepared with regard to 272 applications filed with the Patent Offices of the CIS countries (Kazakhstan, Tajikistan, Kyrgyzstan, and Azerbaijan). In 2008 the International Type Search Reports or Russian ­language collection Search Reports were transmitted to the EAPO with respect to 698 Eurasian applications.

In 2008 in accordance with the Agreement between Rospatent and the Turkish Patent Institute (TPI) 553 International­ Type 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 3.6.

Table 3.6

Indices

2004

2005

2006

2007

2008

Number of Applications for the International Search

616

595

733

797

861

Number of International Preliminary Examination Demands

180

151

124

132

101

Number of Established International­ Type Search Reports:

to Requests from the CIS Countries

368

370

477

251

272

to the EAPO Requests

582

710

602

681

698

to the TPI Requests

941

880

1021

659

553

3.7. 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 the Regulations under the PCT 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 2008, 819 international applications were filed with Rospatent as the Receiving Office (see Table 3.7).

Table 3.7

Inidices

2002

2003

2004

2005

2006

2007

2008

Number of International Applications Filed

572

596

544

690

719

758

819

Number of International Applications Filed Using PCT­SAFE

55

96

69

133

143

110

114

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 59 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 the Receiving Office receives international applications filed using the PCT­-SAFE software. In 2008 Rospatent received 114 such applications, i.e. 14 % of the total number of applications filed.

In addition, under the Article 15(1)(ii) of the Eurasian Patent Convention Rospatent acts as the Receiving Office for the Russian applicants filing the Eurasian applications. The number of the Eurasian applications filed in 2008 by the Russian applicants was 141.

In accordance with the requirements of the PCT documents to implementation of the quality management of carrying out the International Search and the International Preliminary Examination by the competent authorities, Rospatent prepared and submitted to the International Bureau of WIPO an Annual Report of Rospatent on Quality Management System for 2008.

To organize the work on preparation of annual reports on quality management system to be submitted to the International Bureau of WIPO a document regulating an order of preparation of annual reports on quality management system was elaborated and implemented. The document determines a list of data to be included into the report, departments of the Federal Institute of Industrial Property (FGU FIPS) responsible for its preparation, and also cooperation among the departments in the course of preparation of the report, procedure and terms of submission of necessary information.



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