Under Article 1247 of Part IV of the Civil Code of the Russian Federation “citizens permanently residing out of the territory of the Russian Federation and foreign legal entities shall exercise proceedings with the federal executive authority for intellectual property through patent attorneys, registered by this federal authority, unless otherwise provided for by an international treaty of the Russian Federation”.
According to bilateral agreements concluded between the former USSR republics (Armenia, Azerbaijan, Belarus, Kazakhstan, Kirgizia, Moldova, Tadjikistan, Turkmenistan, Ukraine, Uzbekistan) and the Russian Federation, the applicants from these countries have a right to file applications with the patent office directly (avoiding patent attorneys). Russian applicants may file applications through registered patents attorneys or directly with Rospatent.
The aforementioned Article of the Civil Code of the Russian Federation provides that “requirements for a patent attorney, the procedure for his certification and registration as well as his legal powers to exercise the proceedings on the legal protection of the results of intellectual activity and means of individualization shall be specified by the law”. At present these issues are regulated by the governmental resolution No. 122, of February 12, 1993.
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