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Annual reports 2009 - Section 3

 



 
 

International cooperation activities of Rospatent in 2009 as in previous years were aimed at ensuring the interests and fulfilling the obligations of the Russian Federation arising from multilateral and bilateral agreements, as well as at the development of cooperation with international organizations and foreign counterparts.

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

Rospatent has actively participated in the work of WIPO committees and working groups throughout the year of 2009. Proposals on the main treaties and international documents currently under consideration within WIPO were elaborated and submitted to WIPO.

The delegation of the Russian Federation headed by Boris Simonov, the Director General of Rospatent, took part in the 47th series of meetings of the Assemblies of the Member-States of WIPO (Geneva, September 22 — October 1, 2009).

The annual Assemblies meeting was for the first time in the WIPO history opened with a High Level Segment of Ministers Meeting held for two days, which is a proof of the important role of IP in national policies and, thus, in the high executive bodies of the governments of the Member-States.

Rospatent took part in the discussion of the most controversial issues connected with the future activities of WIPO — the adoption of the Program and Budget of the Organization for the 2010-2011 biennium, WIPO middle-term Strategic Plan for 2010-2015 and issues concerning the future reform of the PCT and the Madrid System of the International Registration of Marks.

The decisions taken in the course of the Assemblies meetings reflect the official position of the Russian Federation delegation on the agenda items and are aimed at further development and improvement of the WIPO and the strengthening of the intellectual property role around the world.

In the course of the Assemblies meeting the Russian delegation participated in the Plurilateral Meeting of the Heads of Patent Offices participating in Patent Prosecution Highway program, at which plans of further cooperation in this direction were discussed.

Representatives of 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 issues of protection of rights of broadcasting organizations, protection of audiovisual performances and issues of limitations and exceptions from copyright and related rights.

Active participation of Rospatent’s specialists in the sessions of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications contributed to the discussion of issues concerning the area of approximation of the laws of the Member-States and the practices in respect of industrial designs, basis for non-grant of all types of marks, technical and procedural aspects related to registration of certification and collective marks. The Standing Committee encouraged the Secretariat to improve the documents following the interventions of the members of the committee and to present them for further consideration at the next session of the committee.

In the course of participation in the 14th and 15th sessions of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (WIPO/GRTKF) in 2009 Rospatent came up with comments on the documents considered by the Committee, made a report on the measures taken by the Russian Federation and events conducted by governmental organizations aimed at preserving traditional culture of the people inhabiting the Russian Federation. In order to inform the interested circles on the activities of the Committee aimed at tackling the problems of protection of genetic resources, traditional knowledge and folklore, Rospatent took part in the organization of an international seminar in Moscow devoted to issues of the agenda of the respective WIPO Committee: “Traditional Knowledge of the Indigenous People: Preservation and Legal Protection. International and National Aspects”. A large amount of legal information materials was prepared and a presentation on the existing forms of legal protection of traditional knowledge in compliance with Russian legislation was made.

Representatives of 54 communities and organizations of indigenous people from 19 subjects of the Russian Federation, representatives of the WIPO, federal authorities and indigenous people from foreign countries took part in the seminar.

Representatives of Rospatent and the Ministry of Foreign Affairs of the Russian Federation took part in the 3rd and 4th sessions of the WIPO Committee on Development and Intellectual Property, which considered in detail the work program on the implementation of the 45 recommendations adopted by the General Assembly in 2007 in compliance with the WIPO Development Agenda.

The delegation of Rospatent took part in the XI session of the Working Group on Standards and Documentation of the WIPO Standing Committee on Information Technologies (October 25–31, 2009).

A new WIPO Standard ST. 67, “Recommendation for the Electronic Management of the Figurative Elements of Trademarks” was adopted in accordance with the agenda. The scope of the standard is expected to be broadened over other industrial property items in future. A decision on the simplification of the procedure of amendments of the WIPO Standard ST.3 “Recommended Standard of Two-Letter Codes for Countries, Administrative Divisions and Intergovernmental Organizations” was also made. The results of the work of the Task Force allowed presenting at the session the proposals on amendment of ST. 10/C “Presentation of Elements of Bibliographical Data” concerning mainly the presentation of codes for internal use of the offices and also the control figures.

A study concerning the implementation of ST. 22 “Recommendations on Presentation of Patent Applications Printed in Format Allowing Optical Character Recognition (OCR)” was conducted in the course of the session. The review “Correction Procedures in Patent Offices” (Section 7 “WIPO Handbook”) was updated using the information provided by national patent offices. The International Bureau of WIPO is currently working actively to develop the Digital access service to priority documents.

Amendments concerning the conduction of additional international search to the Agreement between the Federal Service for Intellectual Property, Patents and Trademarks and the International Bureau of the World Intellectual Property Organization on the performance of International Search Authority and International Preliminary Examination Authority functions by Rospatent in accordance with the Patent Cooperation Treaty (PCT) were introduced in 2009.

In the implementation of the Cooperation Plan concerning PCT information technologies adopted in 2006 Rospatent and WIPO have agreed on a new Cooperative Work Program in relation to the Patent Cooperation Treaty (PCT) and 2010/2011 Activities concerning electronic exchange (using the PCT-EDI) of various types of documents between WIPO and Rospatent acting as a PCT Receiving Office, International Search Authority and International Preliminary Examination Authority.

Agreement between Rospatent and WIPO on transmission of documents in electronic form within the Madrid System of the International Registration of Marks concluded in 2007 was revised. The Agreement provides for transition to electronic exchange in respect of all international forms introduced as of September 1, 2009, including the “Statement of a Grant of Protection”, which makes the Madrid System more attractive, accessible and transparent as for users, as for third parties.

Negotiations with the WIPO on the practical aspects of Rospatent’s participation in the WIPO project of introduction of additional languages including the Russian language into the language regime of the Madrid System were held.

Taking into consideration the interest of applicants and potential rightholders in the issues of effective application of the Patent Cooperation Treaty (PCT) and the Madrid System of the International Registration of Marks Rospatent has reached an agreement with WIPO on joint conduction in 2010 in Russian regions of a number of seminars (2 seminars on the PCT and Madrid system of the international registration of marks).

Rospatent has continued cooperation with WIPO on the issues of training in the field of intellectual property including the administration of the Russian language distance learning course “General Course on Intellectual Property”.

WIPO Summer School was held for the first time in Russia on August 17-28, 2009 in Saint-Petersburg. It provided students and young specialists with an opportunity to receive proficient knowledge in the field of intellectual property. The conduction of the Summer School in Saint-Petersburg in 2009 was a result of effective collaboration between Rospatent and the WIPO Worldwide Academy. The success of the event allowed reaching an agreement on the conduction of Saint-Petersburg Summer School in 2010.

Internal procedures on the accession of the Russian Federation to the Patent Law Treaty (PLT) have been finalized in 2009 (Resolution of the Government of the Russian Federation of February 9, 2009 No. 137-p “On the Accession of the Russian Federation to the Patent Law Treaty”). The Patent Law Treaty entered into force in respect of the Russian Federation as of August 12, 2009.

The treaty deals with procedural norms of patent law. It provides for simplified formal requirements of application filing that can be set by national and regional patent offices and streamlines the procedures of receiving patents and maintaining the validity of patents.

The Russian Federation ratified the Singapore Treaty on the Laws of Trademarks by a Federal Law of May 23, 2009 No.98-FL. The Treaty entered into force in respect of the Russian Federation as of December 18, 2009.

The Singapore Treaty on the Laws of Trademarks harmonizes and simplifies procedural norms of registration of trademarks and licenses in the offices of the Member-States providing for additional advantages (as for the applicants and the rightholders, as for the trademark offices) from the use of modern communication means for the flow of the application through the office and the receipt of rights in trademarks.

WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty have entered into force in respect of the Russian Federation as of February 15, 2009.

3.2. Cooperation with International Organizations

Asian-Pacific Economic Cooperation (APEC)

In the course of participation of the Russian Federation in the Asian-Pacific Economic Cooperation forum the representative of Rospatent took part in the 29th meeting of the Intellectual Property Experts Group of the APEC Committee on Trade and Investment. Rospatent presented at the meeting a project proposal “Creating APEC Framework for Intellectual Property Protection and Use: Training for Officials” and made a presentation of the Russian legislation (Part IV of the Civil Code of the Russian Federation) and law enforcement practices with an emphasis on compliance with main international IP related treaties including the TRIPS Agreement.

Eurasian Economic Community (EurAsEC)

In the year of 2009 the delegation of Rospatent took part in the third session of the Council on the Intellectual Property Issues of the EurAsEC Integration Committee (hereinafter — the Council) created in July of 2008 to implement the projects, programs and other joint activities of the EurAsEC member-states in the field of intellectual property. The Council consists of representatives of the Republic of Belarus, the Russian Federation, the Republic of Kazakhstan, Kyrgyz Republic and the Republic of Tajikistan. The Director General of the Federal Service for Intellectual Property, Patents and Trademarks Boris Simonov is the Chairman of the Council.

Throughout the year Rospatent’s specialists took part in the activities of the Council, in particular in the elaboration of the draft Agreement on Protection of Intellectual Property Rights in the EurAsEC Member-States, draft Agreement on Mutual Recognition of Legal Protection of Trademarks and Servicemarks in the EurAsEC Member-States, draft Agreement on Mutual Recognition of Legal Protection of Invention Patents in the EurAsEC Member-States, draft Conception of Creation of the EurAsEC Innovation System, etc.

Furthermore, according to the decision of the Commission of the Customs Union of November 27, 2009 No. 133 representatives of Rospatent are included in the expert group on the elaboration of the legal and contractual basis of the EurAsEC Customs Union (“Protection of Intellectual Property Rights within the customs Territory of the Customs Union” subgroup).

European Union (EU)

During the reported year Rospatent has conducted two ordinary meetings of experts within the Russia-EU Intellectual Property Dialogue (Section1.3 of the Roadmap of the Russia-EU Common Economic Space).

Representatives of the European Commission Directorate General for Trade and the Delegation of the European Commission to Russia took part in the meeting from the EU side. Specialists from Rospatent, Ministry of Economic Development of the Russian Federation, Ministry of Interior of the Russian Federation, Ministry of Healthcare and Social Development of the Russian Federation, Roszdravnadzor, Ministry of Agriculture of the Russian Federation, Federal Customs Service participated in the meeting from the Russian side. Representative of the interested rightholders were also invited.

The meetings were devoted to outstanding issues, such as legislative initiatives of the two sides, law enforcement practices, in particular, counteraction to Internet piracy and production of infringing goods, legal protection of geographical indications, trademarks, etc.

Arrangements on conduction of a number of follow-up seminars for experts of the two sides were made at the meetings, in particular on a seminar on the responsibility of Internet service providers and respective legal practice and a seminar on parallel imports.

European Patent Office (EPO)

The cooperation between the European Patent Office and Rospatent is carried out on the basis of Memorandum of Understanding on Bilateral Cooperation between the two offices signed in 2007 and aimed at the creation of a full-scale and flexible mechanism of management and further development of Rospatent-EPO cooperation in the field of intellectual property.

Cooperation on the development of the national esp@cenet segment was continued in 2009. Russian language version of the Esp@cenet Assistant training module and a section on the Russian segment of the server were published on the website of Rospatent. Joint work on transferring the server to the EPTOS platform is carried out in order to update the documents array and improve the administering efficiency.

As of the beginning of 2009 the Russian segment of the esp@cenet database comprised more than 274000 Russian patent documents published since 2000.

Joint work with the EPO on broader utilization of the EPOQUE patent information search system capable of full-text search possibilities was continued. It is expected that EPOQUE utilization will allow for a substantial decrease in labor and increase in the productivity of the Rospatent examiners.

The set-off meting of the Steering Committee of the project “Approximation of Intellectual Property Protection Aspects in the EU and Russia” was held in November 2009 at Rospatent, being the first joint project using the EU Common Spaces Facility. The meeting was held in order to coordinate the activities on the initiation and implementation of the project and to coordinate the approaches of all the interested parties of the project (Rospatent, European Commission and EPO).

An agreement between the European Commission and the EPO on the implementation of the project was signed providing that the EPO is designated as the executor of the project and the receiver of the funds allocated in this respect by the European Commission.

The participants discussed the specific components of the project and the timeframe of its implementation. Activities on the following directions are expected to be carried out within a one year period:

  • comparison of the legislative basis in the field of patent protection in Russia and the European Patent Convention (EPC);
  • elaboration and publication of guidelines on conduction of patent examination for Rospatent’s specialists;
  • comparative study: registration of applications and paper flow in the EPO and Rospatent;
  • economics and management of intellectual property;
  • practice of EU member-states’ courts on the extension of patent validity for medicines.

The following events were organized jointly with the EPO in 2009:

  • seminar for Rospatent examiners “Methodology of evaluation of the technical character of a solution. Non-patentable objects” (Moscow);
  • seminars “Concept and methodology of electronic education forms” and “The results of the first year of application of Part IV of the Civil Code of the Russian Federation” (Munich).

Issues of further development of bilateral cooperation were discussed in the course of the meeting of Rospatent’s Director General Boris Simonov and the EPO President Alison Brimelow (July 16, 2009).

3.3. Bilateral Cooperation

Throughout 2009 Rospatent continued participating in the implementation of paragraph 3 section II of the Action Plan on the Implementation of the Agreement on Good Neighboring, Friendship and Cooperation between the Russian Federation and the People’s Republic of China (2009-2012).

According to the agreement the countries undertake to “Activate the cooperation of the two countries in the field of intellectual property rights protection in accordance with their national laws and international agreement to which they are parties. To establish bilateral exchanges and cooperation using the Working Group on cooperation in protection of intellectual property rights created within the Russian-Chinese Sub-Commission on trade and economic cooperation”.

Interaction on the agreed cooperation directions was continued by Rospatent within the Russian Chinese Working group on cooperation in the field of intellectual property rights protection.

The third session of the Working group took place on July 22, 2009 at Rospatent. Representatives of Rospatent, Ministry of Economic Development of the Russian Federation, Ministry of Interior of the Russian Federation, Ministry of International Affairs of the Russian Federation participated from the Russian side; representatives of the Ministry of Commerce of the PRC, Main Customs Administration of the PRC, the Ministry of Public Security of the PRC, State Intellectual Property Office of the PRC and other bodies took part from the Chinese side.

Latest amendments to Russian and Chinese national laws in the field of intellectual property protection and enforcement and issues of cooperation of customs and law enforcement authorities in the field of protection of intellectual property rights were discussed in the course of the meeting, information on the strategy of combating counterfeit goods and piracy was presented. Possibilities of Russian-Chinese cooperation within APEC and proposals on cooperation in the field of training of specialists in the field of intellectual property were also considered by the parties.

Rospatent has continued consultations with the State Intellectual Property Office of the People’s Republic of China concerning the possibilities of providing training and education for Chinese specialists at the Russian State Institute of Intellectual Property (RGIIS). Namely, Rospatent drafted and coordinated with SIPO a Memorandum of understanding and cooperation in the field of intellectual property related education and training of specialists.

Due to the interest shown by the Chinese side at the third meeting of the Working group Rospatent has held consultations with the State Administration for Industry and Commerce of the People’s Republic of China (SAIC) on bilateral cooperation between SAIC and Rospatent in the field of trademarks. Rospatent and SAIC have elaborated and coordinated a draft Memorandum of Understanding and Cooperation. The Memorandum is expected to be signed in 2010.

In compliance with the decisions of the Joint Intergovernmental Commission on Trade and Economic Cooperation between the Russian Federation and the Swiss Confederation two rounds of expert consultations on a draft bilateral Russian-Swiss intergovernmental agreement on protection of geographic indications and appellations of origin of goods were held in 2009.

The two sides have managed to achieve agreement on a mutually acceptable draft text of the agreement and initiate the stage of internal coordination. The Ministry of Education and Science of the Russian Federation has received approval on the draft from the Ministry of Economic Development of the Russian Federation, the Ministry of Agriculture of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, the Ministry of Foreign Affairs of the Russian Federation and in due course submitted the draft for consideration of the Government of the Russian Federation.

A week-long seminar on intellectual property office administrative management was conducted in July 2009 at Rospatent in cooperation with the Global Intellectual Property Academy of the United States Patent and Trademark Office (USPTO). Rospatent’s specialists also participated in the USPTO seminars on issues related to patent procedures in pharmaceuticals and biotechnology, legal protection of geographical indications and teleworking procedures.

Rospatent has continued work within the framework of the Russian-French Working Group on Protection of Intellectual Property and Fight Against Counterfeit Products created within the Russian-French Council on Economic, Financial, Industrial and Trade Issues (CEFIC) in 2009.

The fourth meeting of the Working Group took place in April. The representatives of the Ministry of Agriculture of the Russian Federation, the Ministry of Healthcare and Social Development of the Russian Federation, the Federal Customs Service, Roszdravnadzor, Soyuzplodoimport, the Ministry of Culture of the Russian Federation, the Embassy and the Trade Representation of the Russian Federation in France, Rospatent, “OPORA ROSSII” participated from the Russian side, and the representatives of the Ministry of Economy, Industry and Employment, the Ministry of Agriculture and Fishery, The Ministry of Justice, National Institute of Origin and Quality (INAO), National Institute of Industrial Property (INPI), Customs Service, European Commission and a number of French companies participated from the French side.

In the course of the plenary session the two sides exchanged information on the practice of combating counterfeit production, its legislative and law enforcement aspects.

The following issues were identified as most important and vital: operative exchange of information in the field of struggle against intellectual property rights infringement, cooperation in the field of training, conduction of joint seminars and training programs, exchange of experience at the spot, etc.

Other tasks were also considered as immediate, namely, continuation of work on the preparation of cooperation document between Rospatent and INAO in the field of appellations of origin and geographical indications, exchange of information on legislative improvements of the two countries in the field of legal protection of AoOs and GIs; continuation of study of the law enforcement practice in Russia and France, including the detection of indications that can be protected as AoOs and GIs, in particular, in the process of acquaintance with production of traditional goods in the regions of the two countries; consultations by the French side on the creation in Russia of a control system over the maintenance of specific features in the goods in respect of which AoOs are registered. Necessity of continuation of a mutual dialogue was reiterated (in particular, between the National Institute of Industrial Property, Rospatent, Roszdravnadzor, the Ministry of Healthcare and Social Development of the Russian Federation) and information interaction of Russian and French regulatory authorities in the fields of medicines quality, and also the possibility of signing an agreement between the regulatory authorities of Russia and France.

The Russian delegation also visited the National Institute of Origin and Quality (INAO) and the National Institute of Industrial Property (INPI) and discussed a number of issues included in a list prepared by the Russian side in advance.

A seminar devoted to law enforcement in the field of intellectual property was co-organized in June 2009 in Saint-Petersburg in cooperation with the French National Institute of Industrial Property and WIPO.

In the reported year along the decisions of the XV and XVI sessions of the Russian-French Council on Economic, Financial, Industrial and Trade Issues (CEFIC) and the XIII session of the Russian-French Commission on the Issues of Bilateral Cooperation at the Level of Heads of Governments a Memorandum of Understanding and Cooperation in the Field of Legal Protection of Appellations of Origin of Goods and Geographical Indications between the Federal Service for Intellectual Property, Patents and Trademarks and the National Institute of Origin and Quality (INAO) was drafted and agreed. The document was signed in the course of the XIV session of the Russian-French Commission on the Issues of Bilateral Cooperation at the Level of Heads of Governments (Rambouillet, November 27, 2009).

Russian delegation visited Munich (Germany) on July 14–18, 2009. The visit included negotiations with the leaders of the German Patent Office devoted to legal base of cooperation between the offices, issues of PCT reform, exchange of search results on coinciding applications, PPH project implementation.

Issues of interaction between the German Patent Office and the Federal Patent Court of Germany were also discussed, particularly the issue of court staffing by specialists from the patent office and the relations between the Office and the Court in the course of case consideration.

In compliance with an assignment of Assistant of the President of the Russian Federation Arkadiy Dvorkovitch the representatives of Rospatent took active participation in the work of the G8 Intellectual Property Experts Group throughout 2009.

The Russian delegation at the 4th, 5th and 6th sessions of the Working Group on Innovations of the Heiligendamm Process (February, March and April 2009) and at the 1st and 2nd sessions of the G8 Intellectual Property Experts Group expressed opinion on the necessity of the Heiligendamm Process as the only possible dialogue form on innovations and intellectual property rights protection between the South and the North, that have opposite view points on the issues of innovation at the international level.

Today innovations are the cornerstone of the sustainable economic development and take the central place in the issue of climate change, healthcare, poverty reduction, recovery from the economic downturn and other problematic issues in various fields.

The participants discussed the growing use of intellectual property at the international level considering intellectual property as a key element of the development of such sectors as trade, healthcare, consumer safety, environment protection and cooperation in the digital field.

The session of the Working Group on Innovations of the Heiligendamm Process considered priority tasks that most countries including the O5 (outreach five) countries and Russia are currently facing, those being the creation of innovative economy, step-by-step termination of import of advanced technologies and construction of international cooperation with a view to ensure full innovation cycle using the competitive advantages of each participant country of the Heiligendamm Process.

Active position of the Russian delegation on the shift of the group activities at reaching concrete results after discussions was supported by many participants.

Besides, such outstanding and important issues as healthcare, technology transfer in the field of pharmaceuticals, genetic resources and traditional knowledge were agreed upon and reflected in the final report.

Taking into consideration the high importance of cooperation between the customs bodies in the field of prevention of counterfeiting and piracy a decision on creating a sub-group on customs issues within the G8 Intellectual Property Experts Group was taken. Model agreements between the customs bodies in the field of exchange of information exchange were discussed and adopted with an aim to improve the struggle against counterfeit and pirated goods.

One of the vivid results of the work in 2009 was the elaboration by the G8 Intellectual Property Experts Group of a model agreement “G8 Model Arrangement on Bilateral Information Sharing for Fighting Counterfeiting and Piracy” which allows the customs services to obtain additional resources in the struggle against trade in counterfeit and pirated goods.

Bilateral information exchange in respect of certain participants of external trade will allow the G8 countries to identify shipments with high level of possibility of intellectual property rights infringing goods.

Arrangements allowing the law enforcers to exchange such classified information stimulate the development of bilateral information exchange channels.

The legal framework for such bilateral information exchange may in necessary cases be governed by respective agreements on customs cooperation and mutual assistance in customs issues.

It should be mentioned that Rospatent acceded to a new form of international cooperation — cooperation with foreign patent offices within the Patent Prosecution Highway (PPH) projects in 2009, created by leading national patent offices in order to minimize the pendency of consideration of applications through decrease in labor for information search and examination carried out by patent offices on same applications, and also to improve the quality of examination and the reliability of the patents issued.

PPH allows carry out accelerated examination in case where differences between the legislation of the member-countries exist, since it allows to deem patentable inventions described not only in identical claims paragraphs, but also in substance, when the claims sufficiently correspond.

The main advantage of the PPH procedure for Russian applicants is the sufficient decrease in the pendency of examination of invention applications in foreign patent offices without additional financial expenses for receipt of legal protection of invention in those countries.

The implementation of the first Pilot project of Patent Prosecution Highway between Rospatent and the Japan Patent Office was launched from May 18, 2009. Rospatent has received seven PPH applications since. All the seven applications have been considered by the Japan Patent Office and a decision on grant of a patent has been taken. Rospatent started substantive examination and within 4 months carried out decision on grant of patents on 2 of 7 PPH applications.

Rospatent is currently cooperating under Patent Prosecution Highway (PPH) pilot projects with the Japan Patent Office and the Korean Intellectual Property Office, and will start the pilot with the United States Patent and Trademark Office in the beginning of 2010.

The possibility of signing agreements on conducting PPH pilot programs with the patent offices of Germany and Finland will be considered in 2010.

The reported year resulted in elaboration and signature of the following documents: Memorandum of Understanding between Rospatent and the Korean Intellectual Property Office, Memorandum on a Patent Prosecution (PPH) Pilot Project with the Japan Patent Office, Memorandum on a Patent Prosecution (PPH) Pilot Project with the Korean Intellectual Property Office, Memorandum of Understanding between RGIIS and the Korean Intellectual Property Office.

The following international documents were also drafted and agreed upon with the foreign patent offices in 2009 and are planned for signature: Memorandum of Understanding on Bilateral Cooperation between Rospatent and the United States Patent and Trademark Office, Memorandum of Understanding between Rospatent and the State Administration for Industry and Commerce of the PRC (trademarks), Memorandum of Understanding in the field of Education and Training between Rospatent and the State Intellectual Property Office of the PRC, Memorandum of Understanding between Rospatent and the African Regional Intellectual Property Organization (ARIPO).

Rospatent within its competence and along with other interested bodies took part in elaboration of intergovernmental agreements on cooperation with foreign countries, in particular Rospatent’s specialists considered draft agreements on scientific and technical cooperation (draft agreements with Switzerland and Canada), including agreements on cooperation in peaceful examination and exploitation of space (draft agreements with Nicaragua and Venezuela).

3.4. Cooperation with the CIS countries

Throughout the year 2009 Rospatent has continued fruitful cooperation with the CIS countries (Azerbaijan Republic, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Republic of Tajikistan, Republic of Uzbekistan and the Ukraine) on the basis of multilateral and bilateral intergovernmental and interagency agreements.

On April 14-15, 2009 the delegation of Rospatent took part in the eighteenth session of the Joint Working Commission of the Members of the Agreement on Prevention of Infringements in the Field of Intellectual Property (Minsk, Republic of Belarus). The Russian delegation presented in the course of the meeting its proposals on the draft List of actions necessary for the implementation of stages of realization of the Strategy of CIS Economic development in the field of prevention of infringements in the field of intellectual property elaborated within the Commission. The participants were also informed on the measures taken by the Russian Federation to combat infringements in the field of intellectual property rights protection.

On September 9-10, 2009 the representatives of Rospatent took part in the joint session of the Intergovernmental Council on the Issues of Industrial Property Protection (hereinafter — MGSOPS) and the Joint Working Commission of the Members of the Agreement on Prevention of Infringements in the Field of Intellectual Property (Aghveran, Republic of Armenia). The report on the 2006-2009 MGSOPS work was presented to the participants of the meeting by the Plenipotentiary representative of the Russian Federation, MGSOPS Chairman, Director General of Rospatent Boris Simonov in the course of the meeting. Rospatent’s delegation took part in the discussion of the results of a study conducted throughout 2008-2009 by specialists of Rospatent (the Russian Federation) and the AGEPI (the Republic of Moldova) in cooperation with the WIPO “On the Development of Inventive Activities and Assistance to Small and Medium-Sized Innovative Business Using Intellectual Property Legal Protection and Enforcement Mechanisms”. The consideration resulted in elaboration of Recommendations on enhancing the role of small and medium-sized innovative enterprises in the CIS countries.

In compliance with the decision of the 17th MGSOPS session information on the geographical indications and appellations of origin of goods protected on the territories of the MGSOPS states published at the official websites of the patent offices of the CIS members was published at the website of Rospatent.

Throughout the year Rospatent in cooperation with the CIS patent offices has continued work on the draft Agreement on Cooperation in Conduction of International Exchange of Information and Creation of National Databases of Copyright and Related Rights. The draft Agreement was approved at the session of the Commission on Economic Issues under the CIS Economic Council (July 8, 2009) and at the session of the CIS Economic Council (September 11, 2009). The signature of the Agreement at the meeting of the Heads of the Governments of the CIS countries on November 20, 2009 marked an important result of the work done.

On March 16-18, 2009 (Kiev, Ukraine) the delegation of Rospatent took part in the ordinary session of the Coordination Council of the Project of Industrial Issues of the Regional Patent Information CIS Countries CD-ROM Product. The participants of the meeting discussed the results of the industrial production of the CIS CR-ROM in 2008 and approved the amount of factual expenses for the preparation and production of the CISPATENT disk in 2008 and also approved the planned expenses for the preparation and production of the CISPATENT disk in 2009. In the course of the meeting the data on the amount of the information to be provided and the number of discs ordered by the patent offices was adjusted. A shift to XML format information publication was made starting the first 2009 disc.

Rospatent participated in the implementation of certain activities stipulated in the Plan of Joint Activities of the Government of the Republic of Belarus and the Government of the Russian Federation on the Minimization of the Effects of the Financial Crisis and the Improvement of the Balance of Payment Indicators, Improvement of Business and Trade Conditions of January 30, 2009. In particular, in the October of 2009 the representatives of Rospatent took part in the work on the draft Agreement between the Government of the Republic of Belarus and the Government of the Russian Federation on Cooperation in the Field of Intellectual Property.

In the course of 2009 the representatives of Rospatent took part and made presentations at the following international scientific and practical events organized at the CIS patent offices:

  • “Intellectual Property and Traditional Knowledge” symposium (May, Azerbaijan Republic);
  • “Managing Academic Intellectual Property and Early Stage Innovations in Countries in Transition” seminar (June, Ukraine);
  • “Stimulating Innovative Activities and Strengthening Small and Medium-Sized Enterprises in the CIS Countries” seminar (September, Republic of Armenia);
  • “Recommendations on Improving the Role of the Small and Medium-Sized Innovative Enterprises in the CIS Countries” seminar (December, Ukraine).

3.5. Cooperation with the Eurasian Patent Organization (EAPO)

Rospatent has continued active cooperation with the Eurasian Patent Organization (EAPO). In the course of the reported year the representatives of Rospatent took part in the 14th session of the Budget working group of the EAPO Administrative Council (EAPO AC), and in the work of the 21st (6th extraordinary) session of the EAPO AC (March 30–31, 2009) and the 22nd (16th ordinary) session of the EAPO AC (November 10–12, 2009).

A new procedure of transfer of partitions of fees attributable to national patent offices for the maintenance of the Eurasian patents at the territories of the Eurasian Patent Convention Member-States was considered and approved at the meetings. The new procedure that has entered into force as of July 1, 2009 provides for a shift from quarterly to monthly transfer of the respective fees to countries. The delegation of Rospatent took part in the discussion of a document “Main Eurasian Patent Organization Development Directions for the Years 2010–2014” prepared by the EAPO on the results of consideration of which a decision to develop a EAPO Development Program for the years 2010–2014 on its basis was taken.

Within the framework of the EAPO AC meetings Rospatent took part in the consideration of amendments and changes into the Administrative Regulations to the Eurasian Patent Convention, Rules of Procedure of the EAPO Administrative Council and the Rules of Labor Conditions of the Eurasian Patent Office employees.

3.6. Activities of Rospatent as an International Search Authority and International Preliminary Examination Authority

Rospatent’s work in the quality of an International Search Authority and an International Preliminary Examination Authority was conducted in the framework of the Agreement between Rospatent and the World Intellectual Property Organization (WIPO) International Bureau concluded for the period from January 1, 2008 to December 31, 2017. In compliance with this Agreement Rospatent carries out international search and international preliminary examination of applications in Russian or English and is designated as a competent International Search Authority and International Preliminary Examination Authority by 28 receiving offices of the member states.

In the year 2009 780 international applications were received for conduction of international search (of them — 155 application filed with the International Bureau as a receiving office and with the receiving offices of Ukraine, Belarus, Mongolia, Latvia, Lithuania, Moldova, Kazakhstan, Kyrgyzstan, EAPO, Azerbaijan, Bulgaria, Hungary). In respect of 69 international applications requests for conduction of international preliminary examination were received (24 of them — in respect of applications filed with receiving offices other than Russian).

Besides, in compliance with the Agreement between the State USSR Committee on Science and Technology and the WIPO International Bureau of August 28, 1988 which is still in force, Rospatent has prepared upon requests of patent offices of developing countries 157 search reports containing examination opinions in 2009.

As of January 2009 Rospatent in compliance with the Rule 45bis of the PCT Regulations conducts additional international search on PCT applications. Additional international search is conducted on an international application in addition to the main international search carried out by another International Search Authority and must at least cover Russian language documents contained in the FGU FIPS scarch funds including the following patent documentation:

SU — authors certificates and patents of the former USSR (1924 to 1991).

RU — applications, patents and utility models of the Russian Federation (1992 till present).

EA — Eurasian applications and patents (1996 till present).

AM — patent documents of the Republic of Armenia (1995 till present).

BY — patent documents of the Republic of Belarus (1994 till present).

KZ — patent documents of the Republic of Kazakhstan (1993 till present).

KG — patent documents of the Republic of Kyrgyzstan (1995 till present).

TJ — patent documents of the Republic of Tajikistan (2005 till present).

TM — patent documents of the Republic of Turkmenistan (1993 till present).

UZ — patent documents of the Republic of Uzbekistan (1994 till present).

AZ — patent documents of the Republic of Azerbaijan (1996 till present).

UA — patent documents of Ukraine (1993 till present).

Additional International search is conducted in respect of the object mentioned in the Rule 39.1(iv) of the PCT Regulations (surgery of therapeutic methods of treatment of human or animals and also methods of diagnostics), even in the cases when the International Search Authority responsible for the conduction of the main international search has prepared a declaration mentioned in article 17(2) of the PCT. In such a case additional international search is conducted not only on the documents mentioned above, but also on the PCT minimum documentation in compliance with Rule 34 of the PCT Regulations.

Requests for additional international search have been received in respect of 14 international applications filed by applicants from the USA, Great Britain and Sweden during the past year.

According to article 15(5) of the PCT Rospatent conducted international type search on national and regional applications. During the year 2009 reports on international type searches were prepared on 683 applications filed with patent offices of the CIS countries (Kazakhstan, Tajikistan, Kyrgyzstan and Azerbaijan). In the year 2009 674 Eurasian applications were conducted search upon and the international type searches were and searches in Russian language funds and five examination opinions were sent to the EAPO.

In compliance with the Agreement between Rospatent and the Turkish Patent Institute (TPI) reports on international type searches and examination opinion in respect of 636 applications were prepared and sent out in 2009.

The main indicators characterizing the activities of Rospatent as an International Search Authority and an International Preliminary Examination Authority for the past 5 years are reflected in Table 3.6.

Table 3.6

Indicators

Year

2005

2006

2007

2008

2009

Number of requests for the International Search

595

733

797

861

780

Number of demands for the International Preliminary Examination

151

124

132

101

69

Number of applications for the Supplementary International Search

14

Number of international type search reports prepared:

for the CIS countries

370

477

251

272

683

for the EAPO

710

602

681

698

674

for the TPI

880

1021

659

553

636

 

3.7. Activities of Rospatent as a Receiving Office

Rospatent’s work as a receiving office is defined by the provisions of the Patent Cooperation Treaty (PCT) and the Regulations. According to the PCT Articles 2(xv), 10 and rule 19 of the PCT Regulations Rospatent as a receiving Office receives international applications from persons which are Russian citizens or reside at the territory of the Russian Federation. The applications are received in Russian and English.

762 international applications were received by Rospatent as a receiving Office in 2009. The competent International Search Authorities on applications filed with Rospatent as a receiving Office are Rospatent and the European Patent Office. In the most part of cases the applicants chose Rospatent as the International Search Authority (687 applications), and for 75 international applications the European Patent Office (EPO) was designated as an International Search Authority.

As of January 1, 1999 Rospatent as a receiving Office accepts international applications drafted using the PCT–SAFE software. The number of such applications in to 2009 amounted to 122, i.e. 6.25 percent of the total number of applications filed.

Besides, in compliance with Article 15(1)(ii) of the Eurasian Patent Convention, Rospatent is a receiving Office for Russian applicants filing the Eurasian applications. The number of the Eurasian applications filed in 2009 by Russian applicants amounted to 129.

The main indicators characterizing the activities of Rospatent as a receiving office are reflected in Table 3.7.

Табл. 3.7

Показатели

Год

2005

2006

2007

2008

2009

Количество поступивших международных заявок

690

719

758

819

762

Number of international applications drafted using the РСТ-SAFE

133

143

110

114

122



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