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Annual reports 2009 - Section 6

 



 

6.1. Scientific Activity

6.1.1. Scientific researches carried out by FGU FIPS

The scientific activity within Rospatent system in 2009 was aimed at achieving the following tasks:

  • improving enforcement practice with respect to legal protection and use of intellectual property rights;
  • improvement of information and technological support of examination as well as expansion of general availability of information arrays for carrying out of examination of the applications for the industrial property rights;
  • improvement of legislation in the sphere of legal protection and making use the results of scientific and technological activities, received for the expense of the Federal Budget.

In 2009 FGU FIPS carried out scientific researches on 38 issues, on 25 issues the final report have been released.

FGU FIPS carried out researches in three main directions:

I. In the field of the legal problems are developed:

  • Recommendations concerning conformity of industrial designs to conditions of patentability, in particular «novelty» and «originality»;
  • proposals concerning interaction between Rospatent and the Federal Service for Technical Regulation and Metrology related to methodical approaches for checking protectability requirements of the signs used in the state standards and regulations and trademarks filed for registration;
  • proposals concerning methodical recommendations for registration of contracts on disposal of the exclusive right to the objects of patent rights and the means of individualization;
  • proposals concerning corresponding the Administrative Regulations as to filing application or objection by the interested person on the bases provided for in Part IY of the Civil Code;
  • proposals concerning modification and amendments to the Administrative Regulations as to examination and registration of transition of the exclusive right to the other person without conclusion of the contract with the legal owner;
  • draft of methodical recommendations for development of the uniform examination approach at the analysis of the claimed and disputed trademarks taking into account the current judiciary practice.

II. In the field of information technologies and computerization are developed:

  • description and recommendations concerning use of existing classification means of search and branch subject matter classifications, the list of controllable keywords in Russian and English and the recommendation concerning publication of classification schemes in Russian (Р-5-ИТ-2008);
  • list and the description of databases, optimum for patent examination and search in the field of nanotechnologies as well as recommendation for carrying out of search according to classification schemes.

III. In the field of the economic and organizational problems the researches are carried out as follows:

  • development of recommendations concerning maintenance of the legal protection and use of results of intellectual activity for innovative activities of small and medium-sized enterprises of the Russian Federation;
  • preparation of organizational and methodical proposals concerning support of the control and indicators of efficiency as well as proposals concerning amendment of the legislation regarding the organization of works on execution of the state contracts for R&D.

More detailed information is resulted on Rospatent’ website in section «Scientific Activity».

Following R&D are the most important:

  • «Estimation of protectability of the combined marks executed in the form of labels»;
  • «Features of contracts for registration of disposal of the exclusive right to objects of patent rights and the means of individualization »;
  • «Legislation and practice research on the issues concerning registration of transfer of the exclusive right to result of intellectual activity and the means of individualization without the contract»;
  • «Research of issues related to providing legal protection and enforcement of the rights to know-how according to the provisions of Part IV of the Civil Code of the Russian Federation and drafting recommendations concerning practical implementation thereof»;
  • «Research of influence of the control in sphere of the legal protection and use of results of scientific and technological activity received at the expense of the Federal Budget, on processes of involving of these results in a civil turnover».

The results of the R&D were used when drafting legal and normative acts as well as the recommendations on the optimal use of the information recourses, including electronic carriers of information.

On the basis of the R&D the drafts of the methodological recommendations and informational letters were prepared and adopted by the competent Authority.

The results of scientific and research activities are permanently reflecting in the publications, studies, specialized magazines as well as in reports of the scientific and practical conferences, forums, seminars, work shops, etc.

In 2009 within the framework of the 13th Scientific and Practical Conference “Practice of Legal Protection of Intellectual Property Objects under the Administrative Regulations”, the reports based on the results of 20 R&D were presented and published in special publication, as well as reviews, booklets and articles were published in specialized magazines «Patents and Licenses» and «Intellectual Property».

6.1.2. Science and Technology Councils of Rospatent and FGU FIPS

The Science and Technology Councils (SТС) of Rospatent and FGU FIPS as consultative bodies for the Director General of Rospatent and the Director of FGU FIPS, plays an important role in resolving problematic issues.

The STC consists of not only the officials of Rospatent and FGU FIPS but also the representatives of the Ministry of Education and Science of Russian, Ministry of Defense of Russian, Federal Security Service, Federal Agency Science and Innovations, Chamber of Commerce and Industry, Joint Stock Company «Russian Railways», Universities including the Russian State Educational Institute of Intellectual Property (RGIIS), Moscow State University, RGMU, public organizations such as the All-Russian Society of Inventors and Innovators, Association of Trademarks Holders, Association of Russian Patent Attorneys, representatives of other organizations and notable patent attorneys.

The STC accounts for 75 members, including 9 doctors of science, 33 candidates of science and 16 academicians of the public academies of sciences.

In 2009 year 8 joint meetings of the Science and Technology Councils of Rospatent and FGU FIPS were held. More than 20 topical issues and reports were considered and as a result the corresponding decisions and recommendations were adopted.

The most important issues considered by the STC are as follows:

  • results of Rospatent’ activities in 2008 and tasks for 2009;
  • strategy of Rospatent’ development up to 2015;
  • strategy of development of a computerization of Rospatent up to 2015;
  • main results of development of automation of processing examination of trademarks;
  • paperless technology of filing applications for objects of patent protection, current situation and prospects;
  • perfection of methodical support of examination of the applications for inventions, utility models, industrial designs under Part IY of the Civil Code;
  • perfection of methodical support of examination of the applications for trademarks and appellations of origin;
  • basic results of measures on realization of priority directions of development of Rospatent computerization systems;
  • further development of cooperation of Rospatent in the regions of the Russian Federation aimed at increasing of inventive activity.

At sessions of the STC the results of the Scientific and Practical Conferences and Seminars as an effective remedy for promotion of intellectual property protection and stimulation of innovative activity were discussed as well as an attention has been paid to the reports on development of activities of the RGIIS and Chambers of Patent Disputes in current situation.

The ceremonial meetings of the STC were devoted to the International Intellectual Property Day and Inventor and Innovator Day as well as o to rewarding of nominees of the competition «100 the Best Inventions of Russia» and to rewarding of the RGIIS by WIPO awards which becomes a traditional one.

Collective discussion of the topical issues contributed to improvement of quality of drafting of normative acts, planning of research works, revealing of problems and questions required to be studying and solving.

5 final reports on the conducted R&D and 1 intermediate report were considered at four sessions of the section «Economic and Organizational Issues», as well as nominees of employees of FGU FIPS recommended for postgraduate study in the RGIIS, and the project of Thematic plan of R&D for 2010 have been considered.

7 final reports on the conducted R&D were considered at four sessions of the section «Information Technology and Computerization» as well as the draft of the Plan of R&D for 2010 have been presented.

7 final reports on the conducted R&D were considered at three sessions of the section «Issues of Legal Protection and Examination of Industrial Property Rights» as well as the draft of the Plan of R&D for 2010 have been discussed

Totally 11 meetings were held and more than 23 issues were considered.

Besides the Plenary sessions of the STC, in 2009 the following sections of the STC were working: «Issues of Legal Protection and Examination of Industrial Property Rights», «Information Technology and Computerization» and «Economic and Organizational Issues».

6.1.3. Science Activities of the Russian State Education Institute of Intellectual Property (RGIIS)

Problems, facing the RGIIS in the field of scientific activity, have not changed in 2009 and includes the following:

  • organization and coordination of scientific works;
  • carrying out of scientific researches in various formats;
  • activization of scientific works of the students and post-graduate students;
  • organization and carrying out of scientific events in various forms;
  • maintenance of functioning of the Scientific and Methodical Council.

In 2009 the improvement of scientific activities of the RGIIS was continued, namely in relation to its scientific part. The Institute in 2009 carried out scientific researches on 13 issues, including 9 researches which were carried out according to the Plan of R&D by the RGIIS, 1 — by results of participation in open competition of the Federal Agency for Science and Innovations, 1 — by request of Inter-Parliamentary Assembly of the Eurasian Economic Community and 2 issues have been provided by the long-term Plan of R&D of Rospatent for the period till 2009.

One of the researches was carried out by the Institute within the limits of realization of the Federal Target Program of the Federal Agency for Science and Innovations entitled «Researches and Developments in Priority Directions of Development of the Scientific and Technological Complex of Russia for 2007–2012». As a result of this work, the normative acts provided for by the Federal law from December, 30th, 2008 № 316-FZ «On the Patent Attorneys», aimed at implementation of the provisions of the said Law as well as Part IY of the Civil Code, regulating the relations that participants can be the patent attorneys, were drafted .

The received results are new in comparison with the earlier effective normative acts both as to form and content because they are based on new legal regulation, take into account the requirements of legal regulation by means of statutory acts of different levels, amendments in the Russian legislation in the field of intellectual property,international experience and trends in the above field as well.

The Institute also continues the practice of interaction with Rospatent on preparation of the list of researches and dissertational thesis actual for the Rospatent system.

Implementation the results of scientific researches into practice of educational process is promoted by creation in the Library of the RGIIS of the Bank of Researches of the Institute, many of which are accessible and available in electronic form.

In 2009 the participation of students and post-graduate students of the RGIIS in scientific events became more active. The Students Scientific Organization continues its work: in 2009 the site of the Students Scientific Organization of the RGIIS is developed, an organizational support to participation and carrying out in RGIIS conferences and seminars, monitoring of scientific events and competitions of the scientific works of other Universities was carried out, the request for joining the Student Scientific Organization of the RGIIS to the Scientific Student Organization of the Universities in the Moscow region is filed.

In 2009 the proposals concerning participation of the post-graduate students in scientific activity of Institute have been developed. The above proposals were included into the draft of the Statute of the Council of the Young Scientists created with a view of expression of the interests of the young scientists of the RGIIS, assistance in increasing their professional level and complete realization of the scientific potential. In 2009 the activity of the Council of the Young Scientists was conducted in scientific, educational, information and organizational fields.

In 2009 the students and post-graduate students of the RGIIS have taken part in:

  • International Practical School, organized by the Institute of the Legislation and Comparative Jurisprudence;
  • Seminar «Forms of Work with the Youth under Financial and Economic Crisis», organized by the Department of Family and Youth Policy of Moscow-city;
  • Russian-Korean Seminar on electronic training;
  • International Scientific and Educational Meeting «Educational Centers of the World» St.-Petersburg (Russia) — Helsinki (Finland) — Stockholm (Sweden), organized by the Moscow Financial and Law Academy and the International Humanitarian and Linguistic Institute ;
  • conference of the Legal Clinics where reports on three-year experience of the RGIIS’ Public Legal Reception.

The staff of the Institute pays a great attention to promotion of the results of scientific researches. In 2009 the Institute has been organized:

  • competition for the best research of the RGIIS students within the framework of celebrating of International Intellectual Property Day;
  • V-th Annual Scientific and Practical Conference «Intellectual Property in Innovative Development of Russia» in which the teachers, post-graduate students and students of the RGIIS, employees of the Rospatent and representatives the Federal Antimonopoly Service, Federal Customs Service, Rospatent, the Ministry of Internal Affairs and the Academy of Justice have taken part;
  • 2 Interuniversity seminars and 2 inter-chair workshops on the issue «Modern Systems of Management Training », «Creation of the Mechanism of Innovative and Technological Development of Russian Economy», «Staff Support of the Intellectual Property Management System»;
  • Round Table on the issue: «Commercialization of Intellectual Property Rights» under the moderation of Boris Simonov, the Director General of Rospatent;
  • III-th International Conference «Sociology of Innovation» with the support of the Russian Academy of Sciences. In comparison with the first conference which has taken place in 2005, the number of participants has increased twice, the issues of the reports which have reflected existing problems in the field of sociology and innovation have considerably extended;
  • seminar «On Domain Names and Peculiarities of Priority Registration of the domains of the Russian Federation for Trademark Holders», devoted to discussion of recently accepted «Statute on Priority Registration of Domain Names in the Domain of the Russian Federation». More than 100 persons including patent attorneys from the different regions of Russia (Ural District, Orenburg Region etc.), experts in field of intellectual property including representatives of Rospatent and FGU FIPS, experts and students of the RGIIS have taken part in the seminar.

The professors, teachers, students and post-graduate students of the RGIIS traditionally participate and the events managed and organized by Rospatent: Seminar «Technique of Estimation of Technical Character of the Decision. Non- Patentable Objects» and 13-th Annual Scientific and Practical Conference of Rospatent «Practice of the Legal Protection of Intellectual Property Rights under the Administrative Regulations».

In 2009, as a whole, the professors, teachers and staff of the RGIIS have taken part (independently or on the instructions of Institute) approximately in 90 scientific events that shows 50 % increase in comparison with the previous year indicator.

It is necessary to note especially the work of employees of the Institute during the Annual International Forum on Intellectual Property «Expoptiority 2009», at the Scientific and Practical Conference within the framework of the Moscow International Salon of Industrial Property «Archimedes–2009», the All-Russia Educational Forum «Seliger–2009», the conference « Intellectual Property Management as a Basis of Innovative Process», organized by Joint Stock Company «Russian Railways», etc.

The professors and teachers of the RGIIS take annually part in scientific events abroad, especially within the framework of cooperation with WIPO and the WIPO World Academy: in the annual seminars and sessions of the WIPO standing committees on patent law, copyright and related rights; in the international symposium on intellectual property training in the foreign Universities, etc.

In 2009 the professors and teachers of the RGIIS have taken part under the current agreement on cooperation in the VII-th annual session of the World Public Forum «Dialogue of Civilizations» on the island Rhodes (Greece). Reports on scientific and international events of the RGIIS are available on the page of the Scientific Section of the RGIIS website.

RGIIS continues the publication of the Collections of materials of the scientific events. In 2009 the Collection of materials of the inter-chair seminar, Collection of materials of the V-th Annual All-Russia Scientific and Practical Conference, as well as two volumes of the Collection of scientific works of post-graduate students have been published.

In the decision of problematic issues and tasks of a scientific component of the Institute the important role is played by the RGIIS’ Scientific and Methodical Council for Intellectual Property. The number of reviewing and the adoption of the research works and scientific publications of the Institute at the council sessions in 2009 has increased by 25 %.

In 2009 the staff of the RGIIS had prepared 12 textbooks, 16 monographs, 14 manuals and 47 training courses, more than 120 scientific articles is published. The publication of the textbook under edition of collective of professors of the RGIIS «Intellectual Property Law», as well as customization according to Russian legislation and subsequent edition of three WIPO brochures (trademarks, industrial designs and patents) intended for small and medium-sized enterprises became a significant events for the Institute as a whole.

Owing to such scientific activity of the professors and teachers, the RGIIS continues updating of library collections of the Institute.

One of achievements during the accounting period is the activity aimed at beginning of the scientific schools of the RGIIS. The long-term scientific work of scientists of the RGIIS carried out within the limits of 22 scientific directions has been integrated into the work of three scientific schools: copyright, industrial property and intellectual property management.

The staff of RGIIS prepares on a contractual basis the scientific and expert opinions and consultations at the requests of physical and legal entities (in 2009 the RGIIS received 61 new requests).

The scientific and expert opinion and consultations have been connected with the issues related to copyright, patent law, the means of individualization, liability law and evaluation of copyrighted works. It should be noted that the number of the scientific and expert opinions and consultations concerning the means of individualization has increased almost in 1,5 times in comparison with an indicator of last year.

Dynamics of expert and consulting activity in 2009 is reflected by the Diagram.

The results of scientific researches are the basis for updating the programs of the specialist training.

Diagram

Expert and consulting activity of RGIIS in 2009

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

 

6.2.1. Training and Raising Qualification of Specialists in the RGIIS

 

In 2009 the works on training experts of the Institute was conducted under the new license for the right to educational activity received by the results of accreditation from December 1, 2008 (Reg. № 0432, series АА № 000434, is valid till March 1, 2014).

In total, 601 students were trained in the RGIIS under the presence learning and mixed presence/off-presence learning system, including: Faculty of Law — 388 persons, Faculty of Intellectual Property Management — 213 persons, including from the regions of Russia — 60 persons, from the CIS countries — 13 persons. On a state budgetary basis 90 persons were trained. In 2009 the RGIIS has trained out 130 certificated experts in intellectual property sphere.

The distant technologies are applied in educational process off-presence learning of the RGIIS that allows expanding contingent of the trainees from the regions of Russia. Under the off-presence learning in the RGIIS 307 persons, including training of 23 persons with application of distant educational technologies, were trained.

The Institute plans to improve the activity in realization of remote programs of training and performance of researches in the field of intellectual property, including by means of use of experience of the organizations entering into the WIPO worldwide network of the Universities providing the training in the field of intellectual property to which the RGIIS joined in 2009.

One of the major factors of successful activity of any University is quality of training and education. Being improved in this direction, in 2009 the RGIIS carried out activity on creation of the conditions providing necessary level of professional training, namely: criteria of estimation of lessons’ quality and the Statute on Quality Management in Educational Process are developed and adopted; the analysis of conformity and quality of curriculums as well as teaching and methodical complexes on disciplines of chairs is carried out; the basis system of intermediate testing of residual and intermediate knowledge of the students on the main subject matters, that will allow to evaluate the conformity of quality of training of the experts in RGIIS as to the international quality training standards is developed.

In 2009 the Institute held two testing of students on the basis of the FEPO (Federal Internet Test in the Field of Professional Training) organized by the National Accreditation Agency. The students of 1 to 4 courses of presence learning system of the RGIIS on 8 disciplines have passed the testing procedure. The percentage of didactic units has been about 67 %.

The Institute is provided by the high level staff. At present the Institute has 40 Doctors of Law and 70 PhD. in 2009, with a view to increase the professional level, more than 20 staff member of the RGIIS have passed the various training and courses of improvement of professional skills.

The training and methodical support of educational activity of the Institute allows to realize in full professional and educational programs and carry out training of the experts according to the state educational standards of the higher professional education. In 2009 the RGIIS Library has increased in 2,5 thousand books and 3 thousand units of the training and methodical literature.

The Faculties permanently involve students in active participation both in scientific and public events of the Institute: sport competitions, youth and scientific actions, including regional ones.

The major part of the educational process for training of the experts in intellectual property sphere is organization of the study visits and probations. In FGU FIPS and Rospatent on practice in 2009 142 students of RGIIS have been directed. 9 students successfully passed probation in the Rospatent system and upon graduated from the RGIIS, 11 persons were recruited by FGU FIPS.

Rospatent and the RGIIS pay attention to development of the Pre-University training system in intellectual property sphere.

The Introductory Courses of the RGIIS aimed at training before entering the Institute continues functioning in 2009. 60 persons were trained in the Introductory Courses and more than 50% have became the RGIIS students.

The RGIIS staff is training the pupils of the specialized 10–11 classes in the Lyce'e № 1536 and № 1547 of Moscow as far as the basic knowledge of economy and intellectual property law is concerned. In February, 2009 the RGIIS has held a seminar with the teachers of schools and professors of Institute as to exchange of experience and perfection of work of the Pre-University training system.

For the first time, in 2009 the RGIIS has started the All-Russian National Intellectual Property Quiz «Research activity of the youth — formation of new intellectual elite of Russia». The award for the first prize-winner was the Certificate of the right to free training in the RGIIS. 345 senior pupils have taken part in the first Quiz in the spring of 2009, and in the autumn in the second Quiz 4944 persons have passed on-line testing. Results of the second round will be published by March 1, 2010.

The cooperation of the RGIIS in the field of educational programs of the higher professional training: as to the joint programs in intellectual property sphere, as well as training and probation of the students and exchange of the teachers. In 2009 the arrangements have been reached and contracts with the International Centre of the Moscow State University by Lomonosov and the Korean Patent Office are signed.

Improvement of Professional Skill in the Field of Intellectual Property.

In 2009 the Faculty of Supplementary Education of the RGIIS has continued the stage-by-stage introducing of new programs of the professional retraining developed by the Standing Working Group, created by the order of the Rector of the RGIIS in 2008.

17 programs of improvement of professional skill and 11 programs of professional retraining have been updated, the new program of improvement of professional skill «Development of Intellectual Property Objects and Legal Protection thereof (72 hours) has been drafted and adopted.

According to the adopted schedule of educational process in 2009, the following training programs of professional retraining were carried out:

  1. «Legal Protection and Enforcement of Intellectual Property Rights» (presence learning);
  2. «Evaluation of the Enterprise (Business) Cost » (a mixed presence\off-presence learning);
  3. Professional retraining of experts in the field of intellectual property (mixed presence\off-presence learning);
  4. «Organization of the Safety Systems » under the contract on rendering of educational services with the Noncommercial Partnership «МКТА».

3 groups (50 persons) have passed professional retraining on the basis of the Ural Institute of Business Development under the agreement on cooperation in a sphere of education.

The following courses of improvement of professional skills have been organized:

  • «Evaluation Activity» (totally 58 persons);
  • «Intellectual Property in Innovative Activity of the Enterprise» (totally 18 persons);
  • «Legal Protection of Objects of Copyright and Related Rights».

For the first time, students of the RGIIS raised qualification under the programs «English Language in Intellectual Property Sphere» and «French language in Intellectual Property Sphere». During all the academic year the lessons on the topic «Urgent Issues of Legal Protection of Intellectual Property» were conducted.

2 groups (36 persons) have improvement the professional skills on the basis of the Ural Institute of Business Development under the agreement on cooperation in a sphere of education. In June, 2009 RGIIS has finished training of 20 employees of the Ministry of Defense of Russia which started in 2008, under the program «Legal Protection and Intellectual Property Use».

According to the state contract on improvement of professional skills in RGIIS, 30 employees of the Moscow State Open University (Podolsk-city branch) have been trained under the program «Use of Innovative Technologies in the Educational Process».

80 employees of FGU FIPS (fourth and fifth streams) have finished training in the RGIIS under the program of I level of the three-level system of improvement of professional skill intended for training of the examiners carrying out examination of the inventions, utility models and industrial designs.

Besides the planned events, at the request of the Russian regions, training seminars for the Samara University of Railways and the Administration of Khanty-Mansy Autonomous Region as well as a seminar on the urgent issue of transfer of copyright and related rights under Part IY of the Civil Code (which customer was the Noncommercial Partnership «Guild of Scribes») have been organized.

Unfortunately, the subjects offered for 2009–2010 by the Moscow Foundation of Professional Training under the Department of Development of Small Business, did not correspond to specialization of the RGIIS and in result of this in 2009 RGIIS did not participated in open competitions on the right of carrying out of the training courses.

Postgraduate study of the RGIIS successfully continues solving problem of preparation of scientific staff for Rospatent system. 3 employees of Rospatent and FGU FIPS were trained under the postgraduate course of the RGIIS in 2009.

5 persons in 2009 have successfully presented the dissertation thesis on the specialty 08.00.05 «Economy and Management of National Economy» (as the RGIIS Dissertation Council activity in 2009 has been suspended by the All-Russia Dissertation Commission, but since 2010 the RGIIS Dissertational Council on the specialty 12.00.03 «Civil Laws, Enterprise Law, Family Law, International Private Law» is opened).

64 persons were accepted in 2009 in postgraduate coupes of the RGIIS, including: the specialty «Civil Laws, Enterprise Law, Family Law, International Private Law» — 43 persons, specialty «Economy and Management of National Economy» — 21 persons.

In Institute Library is created and the databank of the dissertation thesis in RGIIS is undated, which at present totals to 415 copies of dissertations thesis.

The work carried out in 2009 on preparation for creation in RGIIS of the Doctor of Law’ Dissertational Council deserves a positive estimation. The institution of the doctoral candidacy in the RGIIS in 2009 have been opened under the order of the Federal Agency for Education from 7/14/2009 № 790.

Activity on Promotion of Public Awareness in the Field of Intellectual Property for Experts of the Organizations.

Since 2009 the activities on administration of distant learning training in Russian under the program of the WIPO Worldwide Academy «The General Course on Intellectual Property» in Russia and other CIS countries (Course DL101RU) were carried out by the RGIIS. In total 1487 persons were enrolled for training to 2009, 740 of them have successfully completed the training course and obtained the WIPO Worldwide Academy Certificates, which increase in 93 persons the indicators of the Analytical Office Target Program of Rospatent for 2009.

This mode of study is quite popular not only at the population of Russia (in 2009 539 Russians were successfully trained on a course), but also among the Russian-speaking citizens of the CIS countries and other foreign countries (201 persons).

Among 247 Muscovites, 69 examiners of FGU FIPS, 3 officers of the Central Body of Rospatent and 4 persons from RGIIS staff have successfully passed distant learning with positive results.

In November 2009 the RGIIS have successful business negotiations with delegation of the WIPO Worldwide Academy concerning transfer of course DL101RU into the automated system of administration (LMS), grant to students of the RGIIS of the Certificates on successful passing of the above distant learning course bearing «double stamp» — WIPO and RGIIS, as well as the issue of start in the near future of the specialized courses of series DL200 (copyright, electronic commerce, biotechnology and intellectual property) in Russian.

In December, 2009 the issues of further cooperation between the Institute and WIPO Worldwide Academy have been discussed and the draft of the Agreement on establishment under the aegis of WIPO on the basis of the RGIIS of the International Regional Educational Centre on Intellectual Property for the CIS countries, Baltic and certain countries of Africa and Asia is under consideration.

The essential work in 2009 was carried out by the Institute as to opening of the «Summer School on Intellectual Property» (St.-Petersburg, August 17 to 28, 2009) jointly organized by the WIPO Worldwide Academy and Rospatent on the basis of the St.-Petersburg State University of Information Technology) in which 28 persons including students, lawyers on intellectual property and legal advisers, patent attorneys and patent attorney assistants, heads of intellectual property agencies, managers of patent and license services were trained according to unique educational program related to the all aspects of intellectual property.

6.2.2. Training of the Civil Servants of Rospatent

Training of the servants of Rospatent is illustrated in the Table 6.2.2.

Table 6.2.2

Training of the Civil Servants of Rospatent in 2009

Total Number of the Civil Servants Trained under the Programs
of Improvement of Professional Skills in the State Educational Institutes
including:

6

in Academies:

5

in Institutes of improvement of professional skill
including in directions

1

Increase of efficiency of the government within the limits of development
of the state civil service and carrying out of administrative reform

4

The national plan of counteraction of corruption from July,
31st, 2008 № Pr-1568 and measures on its realization

1

Law

1

Others

6.2.3. Organization of the Events Related to Training, Raising Qualification and Promotion of Awareness in the Field of Intellectual Property in FGU FIPS

The main tasks of the FGU FIPS, as far as the training, raising qualification of specialists in the field of intellectual property is concerned, were related to training of the FGU FIPS’ staff as well as the organization of training and seminars on the basis of the Institute by inquiries of the organizations and patent offices.

6.2.3.1. Organization of Training, Raising Qualification of FGU FIPS Specialists

Organization of training, raising qualification of FGU FIPS specialists was realized within the framework of the Joint System of Training (ЕСО), with using internal and external forms of training.

Organization of Training with Using Internal Forms of Training

With the purpose of adaptation of FGU FIPS specialists to the new legal regulation, in 2009 according to the program adopted be the Director General of Rospatent, the top management, examiners, scientific experts and other leading specialist of the Rospatent system participated in the training courses related to the provisions of new administrative regulations.

27 new recruited examiners of the department of examination of trademarks applications are trained in the courses in volume of 26 academic hours.

6 seminars on enforcement practice were held for the heads of structural divisions, expert structure, scientific employees and other leading experts for the purpose of increasing professional level of supervising and examination departments and providing uniformity of approaches in examination as well.

2 workshops on enforcement practice of the foreign patent offices (the EPO, the USPTO) were held for examination, administrative and management staff of FGU FIPS ( totally 449 examiners have taken part) under the program of exchange of experience with the patent offices.

Organization of Training with Using External Forms of Training

The specialists of FGU FIPS are raising qualification, graduate the first and the second education, and continue education in the post-graduate faculty of the Russian State Educational Institute of Intellectual Property (RGIIS) as well as using the distant training under the program of the WIPO Worldwide Academy «The General Course on Intellectual Property», which the RGIIS is an administrator since 2009.

Cooperation with RGIIS. Improvement of Professional Skills

The costs of rising qualification of FGU FIPS’ specialists in RGIIS are covered by the budget of FGU FIPS. 80 recruited in 2009 examiners of FGU FIPS have been trained under the training program of the first level of the three-level system of improvement of professional skills, provided for training of the examiners, carrying out the examination of the applications for inventions, utility models and industrial designs.

Training under the Programs of the Higher Professional Education

At the end of 2008, under the programs of the higher professional education (Faculty of Jurisprudence) 9 specialists have training with the financial support of FGU FIPS. 3 of them are in the way of graduating the second education.

Training in Post-graduate Faculty of the RGIIS

3 specialists of Rospatent system have training in the post-graduate faculty of RGIIS.

Distant Learning

In 2009, 82 staff-members of FGU FIPS were successfully trained under the program of the WIPO Worldwide Academy «The General Course on Intellectual Property» in Russian.

6.2.3.2. Activity of FGU FIPS for Promotion of Public Awareness in the Field of Intellectual Property

Training of specialists in Patenting and Entrepreneurs

In 2009 the following events were organized on the basis of FGU FIPS:

  • seminar on the issue «Use of Databases Accessible in the Internet for Carrying out of Patent Search» in which 24 experts (11 — from Moscow and Moscow Region, 1 — from St.-Petersburg, 12 — from other regions of Russia (the Kaluga, Perm, Rostov, Saratov, Tyumen, Tomsk and Chelyabinsk areas, Krasnoyarsk and seaside edges), 1 — from the Republic of Udmur) have taken part;
  • training under the individual program for patent attorney of Joint-Stock Company «Patent Attorneys Company «Petropatent» (St.-Petersburg);
  • visit of 3 experts of the Division of Registration of Symbolic of the Department of Noncommercial Organizations’ Affairs of the Ministry of Justice of Russia;
  • training of the expert of independent unit of the Astrakhan region «Multipurpose Centre» according to the Agreement on interaction under the adopted program;
  • training of the expert of the Department of Intellectual Property Norilsk Nickel.

Organization and Carrying out of Study Visits for Specialists of Patent Offices

The Study Visits under individual programs for 2 experts of the Patent Office of the Republic of Korea and expert of RGKP «NIIS», Republic of Kazakhstan are organized.

Practical Training of the Students of the Universities

151 students (basically, the representatives of the RGIIS, Legal Academy of the Ministry of Justice of Russia and Moscow State Technical University n.a. Bauman, etc.) has passed different types of practical training (fact-finding, pre-degree, probation) on the basis of FGU FIPS various kinds the expert.

6.3. Training of Patent Attorneys

The Federal Law dated of December 30, 2008 № 316-FZ «On the Patent Attorneys» (Federal Law) drafted under paragraph 3 of Article 1247 of Part IY of the Civil Code has come into force since April 1, 2009. It is an innovation for the Russian civil legislation as earlier the legal relations, connected with obtaining professional status of the patent attorney and its activity, were regulated by-law normative acts.

The scope of regulation of the Federal law does not cover all the complex of relations, connected with the activity of patent attorneys at the territory of the Russian Federation, but only part thereof. The Federal Law pays a special attention to the definition of requirements to patent attorneys, establishment of the order of certification and registration, rights and obligations, as well as responsibility of patent attorneys.

The Federal Law enters a certain number of novels aimed at increasing of requirements to the level of qualification and skills of the candidates, wishing to receive a status of the patent attorney. According to Paragraph 2 of Articles 2 of the Federal Law, the citizen should have not less than four-year experience in a field of activity of the patent attorney under the specialization in which the citizen expressing wish to be certified and registered as the patent attorney. Before entering into force of the Federal Law it was enough to have not less than four-year experience of practical work in the field of industrial property protection, irrespective of specialization in which the citizen wished to be certified.

The Federal Law establishes the list consisting of five specializations of the patent attorneys, including new specialization — «Computer Programs, Databases, Topology of Integrated Circuits» which is entered. Earlier the list of the specializations had a recommendatory character and the citizen had the right to limit the activity by certain intellectual property rights or certain types of services, for example, transfer of intellectual property rights.

Quit interesting innovation is the establishment of a circle of persons which cannot be certified as the patent attorneys, and circle of persons which can be certified, but cannot be registered as the patent attorneys.

The Federal Law has expanded the list of the data entered in the Register of Patent Attorneys of the Russian Federation (Register) in relation to each patent attorney, including data on the disciplinary measures provided for by the Federal Law and applied to the patent attorney, as well as the titles of public associations and the self-adjustable organizations of the patent attorneys, in which the patent attorney is a member (participant).

The Federal Law has established that the patent attorney has the right to carry out the professional activity independently, being engaged in private practice, and also on the basis of the labor contract with the employer (legal entity).

The Federal law has clearly identified for the first time the rights and obligations of the patent attorney as well as the obligations of its employer.

The next novel is connected with a regulation of functioning of institution of the patent attorneys of the Russian Federation. It is a possibility of establishment by the patent attorneys of the public associations and self-regulating organizations and to be the members (participants) thereof. Previously, such form of the organization did not exist, and the patent attorneys could establish only the public associations and unions.

Another interesting innovation is the requirement as to formation of the qualification and appeal commissions. In comparison with the earlier existing requirements, the Federal Law has defined that the patent attorneys included in such commission by the recommendation of public associations and the self-regulating organizations of patent attorneys should make one third of total number of members of the commission. It is also defined that patent attorneys are the subject to rotation every three years.

The Federal Law has expanded the powers of the appeal commission in relation to decisions which it can accept by results of consideration of complaints of citizens on the decision of the qualification commission related to refusal in certification on results of qualification test. The appeal commission is also has the right of cancellation of the decision of the qualification commission and recognition of result of qualification test as satisfactory.

At the same time, by results of consideration of complaints of persons on actions concerning the rights and the legitimate interests of the patent attorneys effected with infringement of the legislation of the Russian Federation, the appeal commission has a right to take out to the patent attorney the prevention or to address to the Head of Rospatent with recommendation dealing with court action for application to the patent attorney of the disciplinary measures provided by the Federal Law (suspension of activity of the patent attorney for the term up to one year or deleting the entry from the Register of the Patent Attorneys for the term up to three years with the possibility of subsequent restoration under condition of repeated attestation or without attestation).

According to the Federal Law, the Rules of collecting of fees for passing the qualification test within the framework of certification of the candidate to patent attorneys were adopted by the Resolution of the Governmental of the Russian Federation dated of July 15, 2009 № 568 «On fixation of fees amount and rules of collecting fees for qualification test within the framework of certification of the candidate in patent attorney».

Besides, in 2009 with a view of more detailed regulation of the relations, concerning the organizations of reception and check of applications for certification of candidates as the patent attorney, registration of certified patent attorneys and granting of registration certificates of the patent attorneys as well as supervision over performance by patent attorneys of the requirements provided for by the legislation of the Russian Federation, the Administrative regulations on execution by the Federal Service of Intellectual Property, Patents and Trademarks of the state function of certification and registration of patent attorneys of the Russian Federation, granting registration certificates to the patent attorney as well as supervision over performance by patent attorneys of the requirements provided for by the legislation of the Russian Federation, adopted by the Order of the Ministry of Education and Science of the Russian Federation dated of October 5, 2009 № 368 (registered by the Ministry of Justice of the Russian Federation on February 2, 2010, Reg. № 16201).

According to requirements of the Federal Law, the members of the qualification and appeal commissions were are adopted by the Orders of Rospatent № 166 dated of November 23, 2009 and № 165 dated of November 23, 2009, respectively. The above commissions, along with the experts of Rospatent and FGU FIPS, consist of the patent attorneys of the Russian Federation who are the members of Inter-Regional Public Organization «Association of Patent Attorneys» (Moscow) and Regional Public Organization «St.-Petersburg Board of Patent Attorneys» (St.-Petersburg).

During 2009, under the previous legislation, Rospatent had organized one qualification test for certification of the patent attorneys in which participated 40 persons, including 25 candidates for patent attorneys and 15 patent attorneys who have expressed wish to expand a sphere of activity have taken part. 12 candidates in patent attorneys and 8 patent attorneys have successfully passed certification test.

In 2009 the number of the patent attorneys entered in the Register of Patent Attorneys has increased by 13 persons and has made totally 1257 persons.

6.4. Conferences, Seminars, Round Tables

Rospatent holds in Moscow annual conferences, seminars, Round Tables with participants from international organizations and foreign states.

The significance of these events determines the four main directions, implementing in the process of realization:

  • exchange of the practical experience on the issue of legal protection of inventions, utility models, industrial designs, trademarks and copyrights among a wide range of participants, including Rospatent’ specialists, the patent attorneys, patent specialists, inventors, experts, representatives of the Federal Authorities, judicial system, universities, educational and academic entities as well as representatives from international organizations (in particular, WIPO, the EPO, the EAPO, etc.) and foreign states;
  • public awareness of the role and significance of intellectual property and legal protection thereof;
  • training and educational process, because the most part of the participants, when listening the reports of the top management and specialists, first of all from the Rospatent system, are in a position to received original information and explication of the different aspects, which are in a competence of Rospatent;
  • popularization among the participants of the scientific and practical conferences the results of the R&D conducted by the specialists of FGU FIPS on the issues related to legal protection of intellectual property rights, transfer of rights, enforcement, prevention of unfair competition, development of information technologies, economic and organizational problems in sphere of intellectual property.

The main feature of the conferences and the Round Tables which were hold in 2009 is that they were spent in the conditions of the beginning of action of the majority of administrative regulations in this field of activity.

Here is a general information concerning the events held in Moscow.

April 2:

The Scientific and Practical Conference «Legal Protection of Intellectual Property Rights under Part IY of the Civil Code of the Russian Federation» within the framework of XII International Salon «Archimedes — 2009» in Moscow.

The co-organizers of the event — Rospatent and FGU FIPS.

11 reports of leading experts of Rospatent and FGU FIPS were ptresented.

90 persons have taken part in the conference.

July 2:

The meeting of Boris Simonov, the Director General of Rospatent with the patent attorneys in which 200 persons, including 150 patent attorneys representing various regions of the Russian Federation, and also leading experts of Rospatent and FGU FIPS have taken part. According to the main issue of the meeting «New Administrative Procedures and Practice of Application Thereof» the problems and wishes of the patent attorneys have been revealed, systematized and analyzed. The answers and comments to questions and remarks raised during this meeting or in advance were provided by Boris Simonov and other experts of system of Rospatent. The information on a meeting has been placed on a Rospatent website.

August 26 to 29:

The Round table within the framework of IX Moscow International Salon of Innovations and Investments held in the All-Russia Exhibition Centre. 2 reports from Rospatent were presented.

October 8 to 9:

13th Scientific and Practical Conference of Rospatent «Practice of Legal Protection of Intellectual Property Objects under the Administrative Regulations ».

The Conference have been held in conditions of entering into force of the administrative regulations and considerable attention has been paid to strategic and forecasting issues.

The representatives of the following organizations have taken part in the Conference:

  • International organizations (World Intellectual Property Organization (WIPO), the Eurasian Patent Office (ЕАPO), European Commission in Russia);
  • Patent offices of the foreign countries (Republic of Azerbaijan, Belarus, Republic of Kazakhstan, Poland, Republic Moldova, Ukraine, Croatia, Japan);
  • Embassy of Italy;
  • state authorities (FSB of Russia, Minister of Defense of Russia, Ministry of Education and Science of Russia, Federal Agency on Science and Innovations (Rosnauka), Audit Chamber of the Russian Federation, Rosatom, Institute of Legislation and Comparative Jurisprudence under the Government of the Russian Federation);
  • Public organizations and associations (All-Russia Society of Inventors and Innovators (VOIR), Associations of the Russian Patent Attorneys, St.-Petersburg Board of Patent Attorneys, Chamber for Commerce and Industry of the Russian Federation, Department of Intellectual Property Protection of the Organizing Committee «Sochi 2014», International Innovative Centre «Archimedes», Open Company «All-Russia Society of Intellectual Property»); Russian Academy of Sciences;
  • Universities as well as scientific and research institutes;

Industrial enterprises;

  • Administrative and management units, information centers and other organizations of certain regions of the Russian Federation (Novosibirsk, Tver, Ufa, Khabarovsk);
  • Foreign organizations, companies and firms, including foreign patent attorneys and legal entities (Gaulings International inc.; Schlumberger Limited Company, Wimm-Bill-Dann Foods OjSC, Nestle Company; Lovells LLP; Capital Legal Services International LLC; Frishauf, Hotz, Goodman & Chick P.C. NY USA);
  • Legal and commercial organizations, patent attorneys, other experts and interested persons specializing in the field of intellectual property protection in the Russian Federation.

The representatives of mass media: magazines «Patents and Licenses», «Intellectual Property», «Property Relations in the Russian Federation», «In a Curse of Legal Issue», TV companies «Russian Extreme TV» and «RBC-TV» visited the Conference.

In the course of conference two Plenary meetings, 4 sections and 4 Round Tables were organized.

The participants of the opening Plenary meeting were greeted by Boris Simonov, the Director General of Rospatent and Michal Svantner, the Director of WIPO Division, who on behalf of the WIPO highly appreciated the activities of the representatives of the Russian Federation and noted the interest of WIPO in the further development of mutual cooperation with the Russian Federation.

At the opening Plenary meeting and sessions of sections 32 reports have been made, including 25 reports of Heads of Department and experts of Rospatent, FGU FIPS and RGIIS.

At the final plenary session, Boris Simonov, the Director General of Rospatent has noticed that interest and activity of the participants during the plenary meetings, sessions of sections and the Round Tables, shows the importance and urgency of carrying out of the Conference.

The Theses of the Reports have been published in collections which were distributed among participants of the Conference.

The indicators of importance of the conference are the quantitative and representation structure of the participants as well as estimation of this event expressed by them.

In total 300 have taken part in the Conference, including 8 persons from the foreign countries, 12 persons from the CIS countries. 48 persons presented the regions of Russia.

The information on work of the Conference and the results of 13-th Scientific and Practical Conference has been exposed on the Rospatent website.



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