1. Rendering State Services Related to Legal Protection of Intellectual Property Objects
2014 Annual Report
of Rospatent
The Annual Report on the activities of the Federal Service for Intellectual Property (Rospatent) in 2014 informs about the results of performing by Rospatent its functions in respect to provision of the state services in the sphere of legal protection of the results of intellectual activity and means of individualization, as well as control, supervision and enforcement of the state interests therein.
In 2014, the legislation in the field of intellectual property was subject to the substantial transformation, which called for the alteration of Rospatent’s practices and arrangement of the extensive works on preparation of the proposals to improve the relevant by-laws and regulations.
Traditionally, enhancing the quality of the state services was a matter of priority. For the purpose thereof, enforcement practices were monitored, and the measures aimed to improve the technological and organizational support of the procedures for granting the legal protection to the industrial property objects were taken.
The reporting year marked delivering on the strategic target for proceeding to the electronic registration of the objects of patent rights.
One of the main positive results reached by Rospatent in 2014, within performing its functions of control and supervision, is the increase in the number of the legally protected results of intellectual activity created under the state contracts for the R&D, in comparison with 2013.
For the purpose of raising public awareness in the field of intellectual property and creating the conditions for the enhancement of the inventive and innovative capacity of undertakings, Rospatent performed the activities on collaboration with the regions.
During the past year, agreements on cooperation with the governments of six regions, including the Council of Ministers of the Republic of Crimea and the City Administration of Sevastopol, were concluded.
In 2014, under the provisions of the Memorandum of Understanding between Rospatent and World Intellectual Property Organization (WIPO), the network of the Technical and Support Centers was created at the premises of 36 undertakings, including 17 centers of the second level.
A significant event within the cooperation between Rospatent and WIPO was the opening on July 22, 2014 of the WIPO Office in the Russian Federation, with its seat in Moscow.
During the reported year, Rospatent continued building up bilateral cooperation with its foreign partners. For instance, a Memorandum of Understanding on Cooperation between ROSPATENT and the State Administration for Industry and Commerce of China (SAIC) for the Protection and Enforcement of Trademarks was signed on May 20, 2014 during the state visit of the President of the Russian Federation Vladimir Putin to Shanghai.
In 2014, Rospatent followed the development of collaboration with other foreign patent offices under the Patent Prosecution Highway (РРН), as well as its activities as the International Searching Authority and International Preliminary Examining Authority.
During the reporting year, further efforts to improve the professional training in the sphere of intellectual property, both in Russia and CIS countries, were made.
Acting Director General
Liubov Kiriy
1.1. Ensuring Quality and Accessibility of State Services
The activity of the Federal Service for Intellectual Property in 2014 was determined by the development of the main tendencies in the field of rendering state services, including those related to legal protection of results of intellectual activity and means of individualization, as well as in the field of legal regulation of the intellectual property rights.
Last year was marked by the fact that as of October 1, 2014, the Federal Law of March 12, 2014 № 35-FZ «On the amendments to Parts I, II and IV of the Civil Code of the Russian Federation and to certain legal acts of the Russian Federation» came into force. The amendments introduced to Part IV of the Civil Code of the Russian Federation (hereinafter – the Code) refer to the provisions regulating the procedures of granting legal protection to results of intellectual activity and means of individualization and state registration of dispositions of exclusive rights to such results, as well as to requirements of patentability of inventions and utility models. Specifically, with regard to the protection of utility models the renewed law introduced in principle the substantial examination for patent applications for utility models of the Russian Federation. The most important amendments to the Code are related to the introduction of the requirement on sufficiency of disclosure of the nature of an invention or a utility model in the respective application as a ground for refusal to grant a patent or for appealing against the granted patent. Under the renewed legislation, the procedure of filing a patent application for industrial design has been simplified by excluding the need to provide a list of essential features of the industrial design; the procedure of filing requests to register dispositions of exclusive rights has been simplified by cancelling the requirement to provide the respective contract; the procedure of publication of the report on information search by patents for inventions has been introduced, the rules for counting procedural terms have been regulated, etc.
In this regard, in 2014, Rospatent conducted massive preparatory work aimed to ensure implementation of the renewed legislation. The priority was given to the activities for professional training of examiners, based on a certain Plan determining the main activities of Rospatent related to the adoption of the Federal Law of March 12, 2014 № 35-FZ «On the amendments to Parts I, II and IV of the Civil Code of the Russian Federation and to certain legal acts of the Russian Federation». Rospatent carried out a range of activities (conferences, fora, seminars), including those in the regions of the Russian Federation, aimed to inform patent specialists, patent attorneys, inventors, directors of organizations of the amendments introduced to the Code. The public expressed particular interest to the annual scientific and practical conference, which was held on October 8 and 9, 2014, under the auspices of Rospatent and dedicated to the novelties in the field of intellectual property protection.
Special attention was given to the issues of improving the technological and informational support for implementation of the new or reviewed administrative procedures, related to examination of applications and registration of dispositions of exclusive rights. In 2014, model texts were elaborated and approved, to be used in preparing the outgoing letters sent to applicants according to the results of examination of applications, requests to register dispositions of exclusive rights and appeals.
Due to amendments introduced to Part IV of the Code in 2014, intensive work was initiated to develop draft regulations based on the new provisions of the renewed Code. According to the «Schedule Plan of development by Rospatent of legal acts required for Rospatent to render state services, which the Ministry of Economic Development of the Russian Federation is authorized to approve», in order to ensure the rendering of 27 state services falling within the scope of competence of Rospatent, over 80 regulations are to be reviewed, laying out the requirements for documents necessary to render state services, for the order of submission and consideration of such documents, as well as the requirements for state services rendering, including the list of necessary administrative procedures, the time limits for such procedures and the criteria for decisions making. In 2015, the work on agreeing and approving of the set of regulations will be continued.
In 2014 Rospatent directly participated in the development of draft legal acts on introducing amendments to the following decrees of the Government of the Russian Federation:
- • of March 21, 2012, № 218 «On the Federal Service for Intellectual Property»;
- • of December 24, 2008, № 1020 «On state registration of contracts on disposition of exclusive rights to inventions, utility models, industrial designs, registered topographies of integrated circuits, computer programs, databases and non-contractual transfers of exclusive rights to inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, registered topographies of integrated circuits, computer programs, databases»;
- • of September 17, 2004, № 481 «On the List of federal executive authorities authorized to provide an opinion to be enclosed to an application for state registration of an appellation of origin and granting exclusive rights to such an appellation, as well as to an application for granting exclusive right to an earlier registered appellation of origin»;
- • of December 24, 2007, № 928 «On the order of checking patent applications for inventions and utility models created in the Russian Federation for information constituting state secret».
The amendments proposed by Rospatent to be introduced to the above mentioned legal acts take into account the amendments introduced to the legislation and are aimed to improve the procedure of filing applications for state registration of appellations of origin (AO), the procedure of checking the patent applications for solutions created in the Russian Federation for information constituting state secret, the procedure of considering requests to register disposition of exclusive rights.
State services in the field of legal protection of the results of intellectual activity, regulated by the Federal Law of July 27, 2010, № 210-FZ «On the provision of state and municipal services», are the main activity of Rospatent and its subordinate organization, the Federal State Budgetary Institution «Federal Institute of Industrial Property» (FIPS).
In 2014, Rospatent and FIPS paid a lot of attention to one of the main indicators of quality of services, related to complying with the terms set out for the rendered state services.
The average pendency time of applications filed for registration of the results of intellectual activity and means of individualization is set by the State assignment for conducting state work by the Federal State Budgetary Institution «Federal Institute of Industrial Property» for 2014. With a view of detecting and preventing non-compliance with the set terms related to the rendering of state services, Rospatent carried out activities on checking the compliance with these terms. The results of monitoring the quantitative indicators of volume of services (works) and indicators showing the quality of FIPS services (works), including the average pendency time of applications, are presented on the FIPS web-site. The results of monitoring the quantitative and qualitative indicators and the quality control showed that the actual values of parameters characterizing the quality and accessibility of the above mentioned state services and the works carried out, correspond to the values provided by the state assignment.
In 2014, in order to ensure the effective control of the terms, the algorithms of automated accounting of indicators for application pendency time for the results of intellectual activity and means of individualization were elaborated and approved.
The activities, aimed to control the compliance with the terms related to the rendering of state services, will be carried on within the framework of implementation of the Action plan of Rospatent for carrying out the respective inspections in FIPS divisions throughout 2015.
In order to implement the Program on anti-corruption awareness for 2014–2016, approved by the Decree of the Government of the Russian Federation of May 14, 2014 № 816-р, Rospatent conducted monitoring of implementation of the norms of the legislation of the Russian Federation related to daily needs of citizens, to detect controversies, excessive regulation and hard-to-comprehend provisions, which contribute to the instances of corruption and hamper the development of legal literacy among citizens. The monitoring was conducted within the competence of Rospatent in respect of the needs of citizens related to legal protection of rights to the results of intellectual activity and means of individualization. In the course of monitoring, 1072 addresses from respondents were analyzed (947 from natural persons and 125 from legal entities). Over half (64,7 %) of the addresses concerned issues requiring consultation on the legislation of the Russian Federation which directly affect the rights of citizens. 15,9 % of the addresses raised questions of purely legal nature (consultations on intellectual property legislation, infringements of rights, issues related to judicial hearings, succession of rights, etc.). Part of the received addresses (16,2 %) are not directly related to the activity of Rospatent. They raised questions related to assistance in inventive activities, specifically, with regard to the utilization of the legally protected results of intellectual activity, obtaining remuneration for the use of inventions, provision of financial or other assistance to inventors in patenting and utilization of innovations.
As a result of the analysis of the norms of law and addresses of citizens, problematic issues were detected and suggestions prepared, which aim to increase accessibility of state services, specifically, with regard to excluding the excessive requirement for the notarized power of attorney (paragraph 1 of Article 185.1 of the Code) when a representative of the applicant requests a state service.
The report on the results of monitoring of implementation of norms of law of the Russian Federation related to daily needs of citizens, as well as suggestions on filling the gaps in legal regulation were provided by Rospatent to the Ministry of Justice of the Russian Federation.
The Federal Law of March 3, 2014, № 36-FZ «On the ratification of the Treaty between the Russian Federation and the Republic of Crimea on the admission of the Republic of Crimea into the Russian Federation and the establishment of new constituent entities within the Russian Federation» ratified the Treaty on the admission of the Republic of Crimea into the Russian Federation, done in Moscow on March 18, 2014.
In accordance with the Federal Constitutional Law of March 21, 2014, № 6-FKZ «On the admission of the Republic of Crimea into the Russian Federation and the establishment within the Russian Federation of new constituent entities of the Republic of Crimea and the Federal City of Sevastopol» (hereinafter – the Federal Constitutional Law № 6-FKZ), the Republic of Crimea was admitted into the Russian Federation as two rightful constituent entities – the Republic of Crimea and the Federal City of Sevastopol.
Due to the admission of new constituent entities into the Russian Federation, it has become necessary to provide legal regulation of issues related to recognition on the territory of the Russian Federation of the validity of exclusive rights to inventions, utility models, industrial designs, trademarks, appellations of origin, certified by official documents of the Ukraine, valid as of the date of admission of the new constituent entities into the Russian Federation (hereinafter – the exclusive rights certified by documents of Ukraine).
In this regard the Federal Law of 21.07.2014 № 252-FZ «On making addenda to the Federal Law «On entry into force of Part IV of the Civil Code of the Russian Federation» has been adopted. It provides that the Federal Law of 18.12.2006 № 231-FZ «On entry into force of Part IV of the Civil Code of the Russian Federation» (hereinafter – the Federal Law № 231-FZ) is complemented with Article 13.
Part 1 of Article 13 provides that the validity of exclusive rights certified by documents of the Ukraine shall be recognized on the territory of the Russian Federation, in the case of state registration of the respective intellectual property objects on the request of the rightholder, who is a natural person and a citizen of the Russian Federation in accordance with Article 4 of the Federal Constitutional Law № 6-FKZ, or a legal entity that submits a request according to the procedure provided for in Article 19 of the Federal Law of 30.11.1994 № 52-FZ «On entry into force of Part I of the Civil Code of the Russian Federation».
In accordance with part 8 of Article 13 of the Federal Law № 231-FZ, the legally significant actions related to the state registration of the indicated results of intellectual activity and means of individualization and to issuing protection documents, are to be implemented by the federal executive authority on intellectual property without examining the object for compliance with the requirements for patentability of inventions, utility models, industrial designs set out by legislation of the Russian Federation, and to the requirements for trademarks and appellations of origin as well as without collecting patent and other fees.
In order to implement part 9 of the above mentioned Article, the Order of Rospatent of 13.10.2014 № 159 «On the Rules for drawing up, filing and considering requests and documents serving as ground for recognizing the validity of exclusive rights on the territory of the Russian Federation» was adopted (registered by the Ministry of Justice of the Russian Federation as of 20.11.2014, registration № 34 791).
Based on the legal acts mentioned above, Rospatent conducts the work on recognizing the validity of exclusive rights certified by documents of the Ukraine.
In 2014, totally 1506 requests to recognize validity of exclusive rights certified by documents of the Ukraine were received, including 342 requests in respect of the results of intellectual activity (121 requests for inventions, 183 requests for utility models and 38 requests for industrial designs) and 1164 requests for means of individualization (1161 requests for trademarks and 3 requests for appellations of origin). As a result of consideration, 32 inventions, 71 utility models, 6 industrial designs and 354 trademarks were registered. The rest of the requests are still pending.
1.2. Rendering state service on receipt, consideration and examination of applications for inventions and utility models and granting in due course patents of the Russian Federation for inventions and utility models
As compared to 2013, in 2014, the number of applications filed with Rospatent for inventions decreased by 10,26 %, and for utility models – by 2,83 %. Despite that, in 2014, the planned number of decisions made for applications for inventions exceeded by 0,8 %, and for utility models – by 11,8 %.
For utility model applications the number of decisions on refusal of a patent increased and amounted to 231,47 % as compared to 2013, while the number of decisions to grant a patent slightly increased and amounted to 101,54 % as compared to 2013. This is explained by the fact that in 2014 special attention was paid to improving the methodology of utility model examination practices, specifically, with regard to the possibility to classify the claimed solution as a device.
As in the preceding reported period, FIPS continued the work on the Agreements between Rospatent and patent offices of other countries on the activities of Rospatent as an International Search Authority and an International Preliminary Examination Authority within the framework of the Patent Cooperation Treaty (PCT). In 2014, 3006 international searches were conducted for PCT applications, followed by a written opinion on the patentability of an invention, which is largely comparable to the number of searches conducted in 2013. As in the previous year, the highest number of international applications received for conducting a search was related to the fast growing fields of science and technology, such as chemistry, biotechnology and computer technology.
In 2014, apart from fulfillment of the state assignment for examination of national and international applications, additional searches were conducted for the patent offices of Turkey, CIS countries and the Eurasian Patent Office.
With the volume and complexity of work increasing, and considering shortage of staff, the work on hiring part-time examiners was continued.
The work on the introduction of teleworking options in the examination divisions, with access provided to automated systems of FIPS was continued.
In 2014, activities were carried out to improve law implementation practices by taking into account mistakes and omissions detected on the results of the monitoring of quality of rendered state services. In particular, the reasons for lengthy prosecution were analyzed.
The main indices of the work related to rendering of state services on state registration of inventions and utility models and granting patents on them in 2014 are presented in Tables 1.2.1–1.2.6 and the statistical tables included in Annex 3.
Table 1.2.1
INVENTIONS: Dynamics for filing and examination of applications for patents
of the Russian Federation
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
2014 vs. 2013 (%) |
|
Applications filed with Rospatent, total |
42500 |
41414 |
44211 |
44914 |
40308 |
89,74 |
|
by Russian applicants |
28722 |
26495 |
28701 |
28765 |
24072 |
83,69 |
|
by foreign applicants |
13778 |
14919 |
15510 |
16149 |
16236 |
100,54 |
|
Considered at the stage of examination, total: |
41031 |
42860 |
42054 |
43152 |
43340 |
100,44 |
|
International search |
975 |
1079 |
1905 |
2980 |
3006 |
100,87 |
|
decisions made: on granting, including: |
30998 |
32250 |
32428 |
31814 |
32557 |
102,34 |
|
to Russian applicants |
21307 |
22339 |
21752 |
21139 |
21682 |
102,57 |
|
to foreign applicants |
9691 |
9911 |
10676 |
10675 |
10875 |
101,87 |
|
on refusal, |
963 |
844 |
873 |
1426 |
1504 |
105,47 |
|
to Russian applicants |
809 |
728 |
693 |
1163 |
1167 |
100,34 |
|
to foreign applicants |
154 |
116 |
180 |
263 |
337 |
128,14 |
|
on withdrawal, |
8095 |
8687 |
6848 |
6932 |
6273 |
90,49 |
|
to Russian applicants |
4161 |
5161 |
3975 |
4081 |
3674 |
90,03 |
|
to foreign applicants |
3934 |
3526 |
2873 |
2851 |
2599 |
91,16 |
Table 1.2.2
INVENTIONS: Dynamics for granting of patents of the Russian Federation
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
2014 vs. 2013 (%) |
|
Patents granted, total |
30322 |
29999 |
32880 |
31638 |
33950 |
107,31 |
|
to Russian applicants |
21627 |
20339 |
22481 |
21378 |
23065 |
107,89 |
|
to foreign applicants |
8695 |
9660 |
10399 |
10260 |
10885 |
106,09 |
Table 1.2.3
INVENTIONS: Number of patents of the Russian Federation valid as to December 31, 2014
|
Valid as to December 31, 2013 |
194248 |
|
Patents for inventions granted in 2014 |
33950 |
|
Terminated in 2014 (upon expiration of the term of validity and/or due to failure to pay the maintenance fees, upon decisions of Rospatent) |
19878 |
|
Valid as to December 31, 2014 |
208320 |
Table 1.2.4
UTILITY MODELS: Dynamics for filing application for patents of the Russian Federation
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
2014 vs. 2013 (%) |
|
Filed with Rospatent, total |
12262 |
13241 |
14069 |
14358 |
13952 |
97,17 |
|
by Russian applicants |
11757 |
12584 |
13479 |
13589 |
13000 |
95,67 |
|
by foreign applicants |
505 |
657 |
590 |
769 |
952 |
123,80 |
|
Considered at the stage of examination, total |
11285 |
12541 |
13410 |
13556 |
14204 |
104,78 |
|
decisions made: on granting, including: |
10514 |
11614 |
12282 |
12288 |
12477 |
101,54 |
|
to Russian applicants |
10059 |
11090 |
11766 |
11770 |
11625 |
98,77 |
|
to foreign applicants |
455 |
524 |
516 |
518 |
852 |
164,48 |
|
on refusal, |
20 |
0 |
56 |
143 |
331 |
231,47 |
|
to Russian applicants |
20 |
0 |
52 |
140 |
313 |
223,57 |
|
to foreign applicants |
0 |
0 |
4 |
3 |
18 |
600,00 |
|
on withdrawal, |
751 |
927 |
1072 |
1125 |
1396 |
124,09 |
|
to Russian applicants |
724 |
887 |
1033 |
1081 |
1321 |
122,20 |
|
to foreign applicants |
27 |
40 |
39 |
44 |
75 |
170,45 |
Table 1.2.5
UTILITY MODELS: Dynamics for granting of patents of the Russian Federation
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
2014 vs. 2013 (%) |
|
Patents granted, total |
10581 |
11079 |
11671 |
12653 |
13080 |
103,37 |
|
to Russian applicants |
10187 |
10571 |
11152 |
12154 |
12267 |
100,93 |
|
to foreign applicants |
394 |
508 |
519 |
499 |
813 |
162,93 |
Table 1.2.6
UTILITY MODELS: Number of patents (certificates) of the Russian Federation
valid as to December 31, 2014
|
Valid as to December 31, 2013 |
54420 |
|
Patents for utility models granted in 2014 |
13080 |
|
Terminated in 2014 (upon expiration of the term of validity and/or due to failure to pay the maintenance fees, upon decisions of Rospatent) |
9262 |
|
Valid as to December 31, 2014 |
58238 |
1.3. Rendering of state service on receipt, consideration and examination of applications for industrial designs and granting in due course patents for industrial designs of the Russian Federation
In the reported year 2014, the number of the received patent applications for industrial designs increased by 3,8 % as compared to the previous year, and amounted to 5184 applications. The increase in the number of applications was mostly due to foreign applications, which amounted to 2984 (57,6 % of the total number of applications filed).
In 2014, 5466 applications were considered, which is 36 % increase as compared to 2013. The number of patents granted for industrial designs increased as well. In the reported year, 3742 patents were granted, which is 108,1 % as compared to the indices in 2013.
When considering applications, special attention was paid to the compliance of time limits set for administrative procedures. The average pendency time of industrial design applications amounted to 7,0 months.
Throughout the year, the monitoring of the quality of rendering of state services was continued. Following the results of the monitoring, a number of amendments and addenda were proposed for the Administrative Regulation, based on the implementation practices of Rospatent.
Special attention was paid to training of examiners in relation to the amendments introduced to Part IV of the Code.
As of November 2014, paperless documentation workflow was introduced for application examination procedures as well as electronic maintenance of the State Register of Industrial Designs.
The main indices for filing of application and granting of patents for industrial designs are presented in Tables 1.3.1–1.3.3 and in the statistical tables included in Annex 3.
Table 1.3.1
INDUSTRIAL DESIGNS: Dynamics for filing and consideration of applications for patents
of the Russian Federation
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
2014 vs. 2013 (%) |
|
Filed with Rospatent, total |
3997 |
4197 |
4640 |
4994 |
5184 |
103,80 |
|
by Russian applicants |
1981 |
1913 |
1928 |
1902 |
2200 |
115,67 |
|
by foreign applicants |
2016 |
2284 |
2712 |
3092 |
2984 |
96,51 |
|
Considered at the stage of examination, total |
4557 |
4101 |
4025 |
4014 |
5466 |
136,17 |
|
decisions made: on granting, including: |
3940 |
3400 |
3374 |
3481 |
4740 |
136,17 |
|
to Russian applicants |
1940 |
1485 |
1342 |
1331 |
1670 |
125,47 |
|
to foreign applicants |
2000 |
1915 |
2032 |
2150 |
3070 |
142,79 |
|
on refusal, |
112 |
143 |
140 |
120 |
118 |
98,33 |
|
to Russian applicants |
94 |
103 |
100 |
85 |
70 |
82,35 |
|
to foreign applicants |
18 |
40 |
40 |
35 |
48 |
137,14 |
|
on withdrawal, |
505 |
558 |
511 |
413 |
608 |
147,22 |
|
to Russian applicants |
392 |
403 |
375 |
282 |
371 |
131,56 |
|
to foreign applicants |
113 |
155 |
136 |
131 |
237 |
180,92 |
Table 1.3.2
INDUSTRIAL DESIGNS: Dynamics for granting of patents of the Russian Federation
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
2014 vs. 2013 (%) |
|
Patents granted, total |
3566 |
3489 |
3381 |
3461 |
3742 |
108,12 |
|
to Russian applicants |
1741 |
1622 |
1390 |
1278 |
1394 |
109,08 |
|
to foreign applicants |
1825 |
1867 |
1991 |
2183 |
2348 |
107,56 |
Table 1.3.3
INDUSTRIAL DESIGNS: Number of patents of the Russian Federation valid
as to December 31, 2014
|
Valid as to December 31, 2013 |
23973 |
|
Patents granted in 2014 |
3742 |
|
Terminated in 2014 (upon expiration of the term of validity and/or due to failure to pay the maintenance fees, upon decisions of Rospatent) |
2225 |
|
Valid as to December 31, 2014 |
25490 |
1.4. Rendering of state service on receipt, registration and examination applications for the state registration of trademarks and service marks
In 2014, 61 188 applications for state registration of trademarks and service marks (hereinafter – trademarks) were filed with Rospatent, which amounts to 94,24 % as compared to 2013. At the same time, the reported year was marked by an increase in the number of applications considered at the stage of examination. In total, 65 948 applications were considered, which amounts to 119,45 % as compared to the previous reported period. 42 298 trademarks were registered. The main indices are presented in Tables 1.4.1 and 1.4.2.
Table 1.4.1
TRADEMARKS AND SERVICE MARKS: Dynamics for filing and consideration of applications for state registration of trademarks (granting of legal protection to trademarks
on the territory of the Russian Federation) in 2010–2014
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
2014 vs. 2013 (%) |
|
Trademark applications filed for the state registration (granting of legal protection to trademarks), total, |
56848 |
59717 |
61923 |
64928 |
61188 |
104,85 |
|
by Russian applicants |
32735 |
33252 |
34851 |
34621 |
34174 |
99,34 |
|
by foreign applicants, |
24113 |
26465 |
27072 |
30307 |
27014 |
111,95 |
|
international applications, claiming legal protection in the Russian Federation under the Madrid Agreement or Protocol to it |
14289 |
16083 |
15875 |
19143 |
16712 |
120,59 |
|
Considered at the stage of examination |
53408 |
54993 |
57528 |
55212 |
65948 |
96,0 |
|
decisions made: |
43920 |
39553 |
41830 |
39218 |
46262 |
93,76 |
|
on refusal |
8950 |
9145 |
10424 |
9993 |
11988 |
95,87 |
|
on withdrawal |
538 |
328 |
791 |
610 |
496 |
77,12 |
|
Withdrawal and refusal at the stage of formal examination |
6828 |
5967 |
4483 |
5391 |
7202 |
120,25 |
Table 1.4.2
TRADEMARKS AND SERVICE MARKS: Dynamics for the number of valid trademark registrations
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Trademarks registered (legal protection to trademarks is granted), total |
35178 |
35954 |
40106 |
37813 |
42298 |
|
for Russian applicants |
20116 |
16311 |
19284 |
18095 |
19601 |
|
for foreign applicants |
15062 |
19643 |
20822 |
19718 |
22697 |
|
including granting of legal protection on the territory of the Russian Federation under the Madrid Agreement or Protocol to it |
6019 |
12724 |
13067 |
12453 |
14563 |
|
Trademark registrations renewed, total |
9554 |
11915 |
11746 |
11364 |
12844 |
|
for Russian applicants |
6119 |
8525 |
7852 |
7359 |
7828 |
|
for foreign applicants |
3435 |
3390 |
3894 |
4005 |
5016 |
|
Registrations valid by the end of the year* |
268165 |
281784 |
296631 |
312392 |
320930 |
* Excluding applications filed under the Madrid Agreement
Among the measures aimed to increase the quality of rendering of the state services in the field of trademark registration, it should be noted that the development of the Administrative Regulation on rendering by the Federal Service for Intellectual Property of state services on receipt, registration, examination of trademark and service mark applications, state registration of trademarks and service marks, issuing of certificates and duplicates.
Moreover, the following documents were developed:
- • the Rules of drawing up, submitting and considering documents serving as ground for legally significant actions related to state registration of trademarks and service marks;
- • the Requirements for documents contained in the application for state registration of trademarks, service marks, and documents attached thereto;
- • The order of converting applications for registration of collective mark into applications for state registration of trademark and service mark and vice versa;
- • Forms of documents required for the Federal Service for Intellectual Property to provide state services on receipt, registration and examination of applications for state registration of trademark and service mark, issuing of certificates and duplicates;
- • the Form of certificate to trademark (service mark);
- • the Form of certificate to collective mark;
- • the List of data indicated in the form of a certificate to trademark (service mark), a certificate to collective mark.
Within the framework of activities aimed at harmonization of the systems of legal protection of trademarks in Russia and the European Union, implemented jointly with the Office for Harmonization in the Internal Market (OHIM), the works were continued related to development of the Guidelines for trademark examination in the Federal Service for Intellectual Property, aimed at streamlining the Russian procedure of filing, registration and examination of trademark applications and improving the quality of examination.
The development of law enforcement practices for trademark-related norms of Part IV of the Code was carried out taking into account the experience of foreign countries in this field, which was covered at the events held by WIPO within the Madrid system for trademarks and the Nice Agreement concerning the international classification of goods and services, as well as in the documents and recommendations developed by the Standing Committee on the law of trademarks, industrial designs and geographical indications, operating within WIPO for a number of years.
Besides, practical value for the development of uniform approaches to solving issues related to legal protection of trademarks was gained from discussing them at conferences, seminars, meetings, round tables held in Rospatent and various regions of the Russian Federation. These issues were covered, in particular, in reports and presentations of the XVIII annual Scientific and Practical conference of Rospatent, dedicated to the development of legal protection of intellectual property objects, and at the XVII Moscow International Salon of Industrial Property «Archimedes-2014».
1.5. Rendering of state service on receipt, registration and examination of applications for state registration of appellation of origin and for granting exclusive rights to such appellation of origin
In the reported year, the number of applications filed for state registration of appellations of origin (hereinafter – AOs) and for granting an exclusive right to such AO, as well as applications for granting an exclusive right to earlier registered AOs, increased by almost 1,5 as compared to 2013. The number of certificates granted for exclusive rights to AOs increased significantly.
The main indices are presented in Table 1.5.
Table 1.5
APPELLATIONS OF ORIGIN: Dynamics for filing of applications and granting of certificates
in the Russian Federation
|
Indices |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Applications filed for state registration of AOs and granting exclusive rights to AOs as well as applications for granting an exclusive right to earlier registered AO, total |
63 |
58 |
66 |
39 |
59 |
|
from Russian applicants |
56 |
58 |
61 |
28 |
58 |
|
from foreign applicants |
7 |
– |
5 |
11 |
1 |
|
Certificates of exclusive right to AOs granted, total |
22 |
22 |
31 |
9 |
30 |
|
for Russian applicants |
18 |
21 |
29 |
6 |
27 |
|
for foreign applicants |
4 |
1 |
2 |
3 |
3 |
The increase in the number of granted protection documents is largely explained by the increase in the number of opinions submitted to Rospatent, which in accordance with Article 1522 of the Civil Code of the Russian Federation are to be enclosed to the applications and absence of which makes examining of an AO impossible. This had an effect on the number of examined applications for AOs and, therefore, on the number of certificates granted.
In 2014, aiming to further increase public awareness of the importance of AOs, Rospatent continued to work with regions of the Russian Federation within the conferences, seminars, meetings in the course of cooperation with executive authorities.
Furthermore, a specific form of interaction with the regions was further developed, whereby Rospatent sent communications to the heads of regions explaining the role and importance of AOs. In 2014, such communications were sent to 20 regions of the Russian Federation.
1.6. Rendering of state service on organization of receipt of applications for state registration of computer programs (CP), databases (DB) and topographies of integrated circuits (TIC) and their consideration and granting in due course of certificates of state registration
In 2014, as compared to 2013 the number of filed applications increased by 13,1 % and amounted to 16 439, whereas the number of applications filed by foreign applicants increased significantly by 469,2 % (from 107 to 609). Despite the general growth, the number of applications for registration of topographies of integrated circuits decreased by 26,2 % (from 210 to 155). 14 275 applications were filed for CPs (increase by 14,2 %) and 2009 applications for DBs (increase by 10,4 %).
The number of applications received from educational institutions increased by 11,8 % (from 5826 to 6512).
The number of filed applications increased in all federal districts except for Siberian and Far East.
The largest increase is observed in Moscow (increase by 511), St-Petersburg (increase by 269), the Republic of Tatarstan (increase by 120) and the Khanty-Mansiysk Autonomous District (increase by 120).
In 2014, there was a significant decrease in the number of applications received from Krasnoyarsk Territory (by 125), Tomsk Region (by 95).
Totally in 2014, 15 148 objects were registered, which is 10,1 % higher than in 2013. The number of applications withdrawn after consideration increased by 43,6 % (from 287 to 412).
In total, 106 651 registrations were valid as to the end of 2014.
In 2014, specialists of Rospatent presented reports on current issues of legal protection and registration of CPs, DBs and TICs at 15 conferences and seminars in Moscow, St-Petersburg, Belgorod, Khabarovsk, Krasnodar and Tomsk (webinar).
Table 1.6.1
The Number of computer programs, databases and topographies of integrated circuits
registered in 2010–2014
|
Types of results of intellectual activity |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Computer programs |
8073 |
9700 |
11471 |
11992 |
13248 |
|
Databases |
733 |
891 |
1332 |
1584 |
1745 |
|
Topographies of integrated circuits |
110 |
108 |
176 |
187 |
155 |
Table 1.6.2
Data on filed applications for registration by federal districts of the Russian Federation
|
Federal districts |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Central |
4473 |
5220 |
6263 |
6235 |
7039 |
|
Volga |
1244 |
1533 |
1668 |
2172 |
2320 |
|
North-West |
1008 |
1308 |
1420 |
1518 |
1818 |
|
South |
826 |
970 |
1279 |
1298 |
1350 |
|
North Caucasus |
205 |
241 |
210 |
323 |
421 |
|
Siberian |
853 |
1257 |
1478 |
1693 |
1548 |
|
Ural |
455 |
591 |
733 |
786 |
951 |
|
Far East |
199 |
250 |
316 |
398 |
381 |
|
Crimea |
|
|
|
|
2 |
|
Total |
9263 |
11370 |
13367 |
14423 |
15830 |
1.7. Rendering of state services on state registration of contracts on disposition of exclusive rights to intellectual property objects and non-contractual transfers of exclusive rights to such objects
Due to the adoption of the Federal Law of March 12, 2014, № 35-FZ «On the amendments to Parts I, II and IV of the Civil Code of the Russian Federation and to certain legal acts of the Russian Federation», on October 1, 2014 amendments were introduced to provisions related to state registration of dispositions of exclusive rights to the results of intellectual activity and means of individualization, which provide for the registration of the contractual disposition instead of the contract itself.
In 2014, consideration and registration of contracts on disposition of exclusive rights to inventions, utility models, industrial designs, trademarks, service marks, computer programs, databases, topographies of integrated circuits as well as registration of non-contractual transfers of exclusive rights of such objects to other person were carried out in accordance with the requirements of the Administrative Regulation on the performance by the Federal Service for Intellectual Property, Patents and Trademarks of the state function on registration of contracts on granting of rights to inventions, utility models, industrial designs, trademarks, service marks, protected computer programs, databases, topographies of integrated circuits as well as franchise agreements on the use of intellectual property objects protected under the patent law of the Russian Federation, approved by the Order of the Ministry of Education and Science of the Russian Federation of October 29, 2008, № 321 (hereinafter – the Administrative Regulation on Contracts). As of October 1, 2014 the Administrative Regulation on Contracts is to be applied insofar as they do not contradict the Federal Law of March 12, 2014 № 35-FZ «On the amendments to Parts I, II and IV of the Civil Code of the Russian Federation and to certain legal acts of the Russian Federation».
This section contains both information on the registered contracts on disposition of exclusive rights and on the registered contractual dispositions of exclusive rights.
Inventions, utility models and industrial designs
In the reported year, in respect of inventions, utility models and industrial designs, Rospatent received 3438 requests to register contracts covering 7347 inventions, utility models and industrial designs. 2965 contracts were registered in respect of 6375 objects. As compared to 2013, the number of received requests to register contracts and the number of patents specified therein decreased significantly: requests – by 17 % (4164 in 2013, 4124 in 2012, 4223 in 2011, 3921 in 2010), patents – by 15 % (8676 in 2013, 8256 in 2012, 8763 in 2011, 8255 in 2010). In total, these indicators are the lowest in the last four years. Also, the number of registered contracts decreased by 5 % as compared to 2013 (3123 in 2013, 3035 in 2012, 3207 in 2011, 2860 in 2010), while the number of patents indicated therein increased by 7 % (5961 in 2013, 6301 in 2012, 6242 in 2011, 5680 in 2010). The last indicator shows that the number of commercialized objects of patent law is the highest in the last four years.
The dynamics for registration of contracts of alienation of exclusive rights to inventions, utility models and industrial designs and of license agreements in 2009–2014 are presented in Table 1.7.1.
Table 1.7.1
Dynamics for registration of contracts of alienation of exclusive rights to inventions,
utility models, industrial designs and of license agreements
|
Indices |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Patent alienation contracts * |
1054 |
1356 |
1445 |
1195 |
1274 |
1237 |
|
Exclusive license agreements |
228 |
264 |
272 |
299 |
303 |
252 |
|
Non-Exclusive License agreements |
1083 |
1240 |
1490 |
1541 |
1546 |
1476 |
|
Total number of contracts registered |
2365 |
2860 |
3207 |
3035 |
3123 |
2965 |
|
Open license requests received |
88 |
77 |
45 |
64 |
280 |
669 |
|
Open license requests published |
79 |
62 |
21 |
32 |
60 |
745 |
* Excluding non-contractual transfers of exclusive rights to other person
As it can be seen from Table 1.7.1, the average number of contracts on alienation for the last three years slightly increased and amounted to about 40,6 % (41,7 % in 2014, 40,8 % in 2013, 39,4 % in 2012), but still remains 5 % below the average value (45,7 %) for the period of 2009–2011 (45,1 % in 2011, 47,5 % in 2010, 44,6 % in 2009). The data presented in Table 1.7.1 show great interest of rightholders in granting the right to use the results of intellectual activity registered for their name than in alienating the exclusive rights to such results.
As in previous years, the number of registered contracts of pledge of exclusive rights to results of intellectual activity by objects of patent law remains insignificant as compared to other registered contracts of disposition of exclusive rights. In 2014, 15 contracts of pledge were registered, with 20 contracts in 2013, 17 in 2012 and 16 in 2011.
In the last two years, there was a considerable increase in the interest of patent holders for the option to provide the right to use an invention, a utility model or an industrial design to any person (open license). The data presented in Table 1.7.1 show that in 2014 the number of filed open license requests (669) is 9,6 times higher than the average value of the number of open license requests received in 2009–2012 (88 in 2009, 77 in 2010, 45 in 2011, 64 in 2012). Whereas in 2013, the number of received open license requests (280) was more than 4 times higher than the average value. Accordingly, the number of publications of notifications on the option to provide the right to use an invention, a utility model or an industrial design to any person increased. In 2014, the number of publications (745) was almost 15 times higher than the average value in the previous years, which is about 50 publications a year (60 in 2013, 32 in 2012, 21 in 2011, 62 in 2010, 79 in 2009).
The data on the number of registered contracts by field of technology for the period of 2009–2014, presented in Table 1.7.2, show that in 2014 the number of registered contracts decreased in all fields of technology except for chemistry and petroleum chemistry, whereby the values increased by 6 % as compared to 2013 (407 contracts in 2014, 382 contracts in 2013). The statistics shows that such fields of technology as power engineering and electrical engineering (470 in 2014, 490 in 2013), medicine (439 in 2014, 473 in 2013) and chemistry and petroleum chemistry (407 in 2014, 382 in 2013) remain firmly in the leading position.
In total, 1316 contracts were registered by all fields of technology indicated above, which constitutes 44,4 % of the total number of contracts registered (43,1 % in 2013).
It should be noted that the number of contracts registered in 2014 by certain fields of technology exceeds the average value in the respective field for 2009–2013 years: for power engineering and electrical engineering the average value (445 contracts a year) is exceeded by 6 % (470 contracts in 2014), for medicine the average value (329 contracts a year) is exceeded by 33 % (439 contracts in 2014), for chemistry and petroleum chemistry the average value (331 contracts a year) is exceeded by 23 % (407 contracts in 2014), for construction engineering and construction materials the average value (222 contracts a year) is exceeded by 10 % (245 contracts in 2014). At the same time, in 2014, the lowest value in six years (135) in oil and gas production is observed, which is one third lower than the average value in the field (196 contracts a year) and 20 % lower than in 2013 (168 contracts).
Table 1.7.2
The number of contracts registered by fields of technology
|
Field of technology |
Contracts |
|||||
|
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
|
Light and food-processing industries |
173 |
163 |
194 |
215 |
276 |
200 |
|
Mechanical engineering, machine-tool industries, tool production |
250 |
118 |
285 |
264 |
248 |
211 |
|
Medicine |
76 |
294 |
414 |
388 |
473 |
439 |
|
Power engineering, electrical engineering |
247 |
421 |
567 |
499 |
490 |
470 |
|
Chemistry, petroleum chemistry |
94 |
286 |
454 |
438 |
382 |
407 |
|
Electronics, computer technologies, instrument engineering |
73 |
311 |
257 |
260 |
216 |
209 |
|
Metallurgy |
133 |
86 |
113 |
103 |
108 |
100 |
|
Oil and gas production |
338 |
162 |
158 |
152 |
168 |
135 |
|
Construction engineering and construction materials |
272 |
135 |
207 |
246 |
252 |
245 |
|
Others |
709 |
884 |
558 |
470 |
510 |
549 |
|
Total: |
2365 |
2860 |
3207 |
3035 |
3123 |
2965 |
Table 1.7.3 shows the dynamics of changes in activity of contractual parties by categories of economic entities. In general, the stability of ratio of the indicated categories of economic entities should be noted.
Table 1.7.3
Activity of parties to registered contracts
|
Categories of economic entities |
Share of the total number of contracts, % |
|||||||||||
|
Transferor |
Transferee |
|||||||||||
|
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
|
Natural persons |
32,9 |
34,5 |
31,8 |
31,6 |
32,21 |
25,46 |
7,6 |
9,7 |
8,98 |
9,09 |
8,07 |
8,28 |
|
State enterprises, research institutes, universities, design offices |
8,9 |
13,8 |
16,25 |
19,93 |
17,1 |
10,67 |
4,7 |
7 |
5,52 |
6,39 |
4,03 |
3,12 |
|
Non-governmental entities, |
58,2 |
51,7 |
51,95 |
48,47 |
50,69 |
63,87 |
87,7 |
83,3 |
85,5 |
84,52 |
87,9 |
88,60 |
|
Joint ventures |
– |
– |
– |
– |
– |
– |
– |
– |
– |
– |
– |
– |
|
Foreign companies |
12,4 |
7,6 |
7,48 |
6,59 |
10,9 |
11,95 |
11,1 |
7,1 |
6,92 |
5,3 |
9,38 |
10,9 |
|
Others |
– |
– |
– |
– |
– |
– |
– |
– |
– |
– |
– |
– |
The non-governmental entities still dominate as transferees, the share of which (88,6 %) increased in 2014 by 1 % (87,9 % in 2013). In 2014 the share of this category of entities as transferors increased up to 63,87 % and is the highest since 2009.
Activity of governmental entities, research institutes, design offices, universities continued to decrease both as a transferor and a transferee. In 2014 the indicator of activity of this category of economic entities as transferees amounted to 3,12 %, which is almost twice lower than the average value of this indicator since 2009 (5,53 %).
In 2014, the activity of this category of economic entities as transferors continued to decrease as well, the indicator of which amounts to 10,67 % in 2014, and is the lowest since 2010.
The statistics presented in Table 1.7.4 shows that the average number of patents covered by one contract, has stabilized in recent years at about two patents with minor upward or downward deviations: 2,15 in 2014, 1,91 in 2013, 2,08 in 2012, 1,95 in 2011, 1,99 in 2010, 1,9 in 2009. In 2014, the highest number of patents covered by registered contracts was observed – 6375. As compared to the average number of commercialized patents per year, since 2009 the number of such patents increased by 11 %.
Table 1.7.4
The Number of registered contracts and the number of patents covered by registered contracts
|
Indices |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Number of registered contracts */ number of patents covered by contracts, total |
2365/4503 |
2860/5680 |
3207/6242 |
3035/6301 |
3123/5961 |
2965/6375 |
|
for inventions |
1550/2568 |
1833/3415 |
2027/3561 |
1872/3599 |
2005/3599 |
1789/3483 |
|
for utility models |
576/1305 |
718/1556 |
878/1932 |
897/2062 |
868/1771 |
981/2243 |
|
for industrial designs |
239/630 |
309/709 |
302/749 |
266/640 |
250/591 |
195/649 |
* Excluding non-contractual transfers of exclusive rights to other person
In 2014, Rospatent received 229 requests submitted by legal successors to register non-contractual transfers of exclusive rights in respect of 1287 patented inventions, utility models and industrial designs (375 requests covering 1684 objects in 2013, 346 requests covering 3320 objects in 2012, 348 requests covering 2557 objects in 2011). In 2014, as compared to 2013, the number of requests received and the number of objects covered decreased significantly (by 39 % and by 23 % accordingly). Non-contractual transfers of exclusive rights to other person were registered under 197 requests covering 1058 objects (294 requests covering 1514 objects in 2013, 218 requests covering 2060 objects in 2012, 204 requests covering 1206 objects in 2011, 238 requests covering 1819 objects in 2010). In 2014, the number of patents per one registered non-contractual transfer of exclusive rights amounted to 5,4 (5,15 in 2013, 9,5 in 2012, 5,9 in 2011, 7,6 in 2010, 4,3 in 2009), which is slightly higher than in 2013, but lower than the average value for five previous years (6,49).
Trademarks and service marks
The statistics for 2010–2014 reflect both the data on the number of registered contracts and the total number of trademarks the exclusive rights to which the rightholders assigned (contract of alienation of exclusive rights to a trademark) or granted the right to use a trademark under license agreements, including sublicense agreements (hereinafter – license agreement), and franchise agreements, including subconcession agreements (hereinafter – franchise agreement).
Besides, the statistics for 2010 reflects the data on contracts providing the right to use a trademark, which include both license (sublicense) agreements and franchise (subconcession) agreements.
Table 1.7.5 presents the data on the number of trademarks covered by registered contracts of alienation of exclusive rights in 2010–2014, license agreements in 2010 (with no distinction between license and franchise agreements), license agreements and franchise agreements in 2011–2014.
As can be seen from Table 1.7.5, in 2014, the total number of trademarks (23 948) covered by registered contracts of alienation of exclusive rights, license agreements and franchise agreements, increased by 8,3 % as compared to 2013 (22 108), by 14,4 % as compared to 2011 (20 938), by 25 % as compared to 2010 (19 146), but did not exceed the level of 2012 (29 021 trademarks).
Table 1.7.5
The Number of trademarks covered by registered contracts of alienation of exclusive rights
to trademarks and license/franchise agreements on granting the right to use a trademark
|
Type of contract |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Contracts of alienation of exclusive rights to trademarks, total |
7426 |
7953 |
8195 |
6921 |
8287 |
|
from Russian rightholders |
5939 |
6222 |
6270 |
5236 |
6246 |
|
from foreign rightholders |
1487 |
1731 |
1925 |
1685 |
2041 |
|
License/franchise agreements, total |
11720 |
10216/2769 |
13840/6986 |
11494/3693 |
10844/4817 |
|
from Russian rightholders |
8174 |
6831/1896 |
9165/5944 |
7648/3258 |
7712/4128 |
|
from foreign rightholders |
3546 |
3385/873 |
4675/1042 |
3846/435 |
3131/690 |
Table 1.7.6
Breakdown of parties of registered contracts to the Russian and foreign persons
|
Contracting parties |
Contracts of alienation of exclusive rights to trademarks |
License /franchise agreements |
||||||||
|
2010 |
2011 |
2012 |
2013 |
2014 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
|
Both parties are Russian persons |
2701 |
2615 |
2828 |
2404 |
2757 |
4753 |
3857/1112 |
4377/5956 |
4391/2862 |
4105/3025 |
|
Both parties are foreign persons |
488 |
511 |
569 |
559 |
562 |
151 |
160/2 |
174/3 |
144/4 |
137/6 |
|
The transferor is a Russian person, the transferee is a foreign person |
267 |
287 |
277 |
273 |
254 |
52 |
40/2 |
40/5 |
35/4 |
65/1 |
|
The transferor is a foreign person, the transferee is a Russian person |
122 |
70 |
71 |
76 |
100 |
880 |
686/287 |
819/321 |
814/340 |
843/279 |
Table 1.7.7
The Number of registered contracts and the number of trademarks
covered by registered contracts
|
Type of contract |
2010 |
2011 |
2012 |
2013 |
2014 |
|||||
|
Contracts |
Trademarks |
Contracts |
Trademarks |
Contracts |
Trademarks |
Contracts |
Trademarks |
Contracts |
Trademarks |
|
|
Contracts of alienation of exclusive rights to trademarks, total including: |
3578 |
7426 |
3483 |
7953 |
3745 |
8195 |
3312 |
6921 |
3673 |
8287 |
|
from Russian |
2968 |
5939 |
2902 |
6222 |
3105 |
6270 |
2677 |
5236 |
3011 |
6246 |
|
from foreign |
610 |
1487 |
581 |
1731 |
640 |
1925 |
635 |
1685 |
662 |
2041 |
|
License /franchise agreements, total |
5836 |
11720 |
4743/ 1403 |
10216/ 2769 |
5410/ 6285 |
13840/ 6986 |
5384/ 3210 |
11494/ 3693 |
5150/ 3311 |
10844/ 4817 |
|
from Russian rightholders |
4805 |
8174 |
3897/ 1114 |
6831/ 1896 |
4417/ 5961 |
9165/ 5944 |
4426/ 2866 |
7648/ 3258 |
4170/ 3026 |
7712/ 4128 |
|
from foreign |
1031 |
3546 |
846/ 289 |
3385/ 873 |
993/ 324 |
4675/ 1042 |
958/ 344 |
3846/ 435 |
980/ 285 |
3131/ 690 |
|
Pledge |
62 |
195 |
52 |
280 |
24 |
82 |
60 |
191 |
40 |
258 |
|
Changes |
2039 |
5492 |
2663 |
9529 |
2754 |
11123 |
5172 |
12789 |
6606 |
16950 |
|
Termination |
888 |
1646 |
1122 |
2597 |
1074 |
2200 |
1392 |
2702 |
1424 |
3183 |
|
Total |
12403 |
26479 |
13466 |
33344 |
19292 |
42426 |
18530 |
37790 |
20204 |
44339 |
As can be seen from Tables 1.7.6 and 1.7.7, in 2014, 3673 contracts of alienation of exclusive rights to trademarks were registered (3312 in 2013, 3745 in 2012, 3483 in 2011, 3578 in 2010), under which the exclusive rights to 8287 trademarks were assigned, where 6246 or 75,4 % owned by Russian rightholders and 2041 or 24,6 % owned by foreign rightholders. The number of registered contracts of alienation of exclusive rights to trademarks increased by 10,9 % as compared to 2013 and is approaching the level of 2012.
In 2014, license agreements and franchise agreements (in total – 8461) were registered in respect of 15 661 trademarks, whereby the share of trademarks owned by Russian persons acting as transferors amounted to 11 840 or 75,6 %, while the share of trademarks owned by foreign persons acting as transferors amounts to 3821 or 24,4 %, accordingly. Therefore, the ratio between Russian and foreign persons remained at the level of 2013.
In 2014, the total number of trademarks in respect of which the right of use was granted under license agreement and franchise agreement amounts to 15 661 (or 65,4 % of the total number of trademarks covered by contracts), and the number of trademarks in respect of which the right of use was granted under contracts of alienation of exclusive rights amounts to 8287 (or 34,6 % of the total number of trademarks covered by contracts). The comparison with the corresponding data in 2013 (15 187 or 68,6 % and 6921 or 31,4 %, accordingly), 2012 (20 826 or 71,8 % and 8195 or 28,2 %, accordingly) and in 2011 (12 985 or 62 % and 7953 or 38 %, accordingly) allows to state that the rightholders still prefer licensing (franchising) to alienation of exclusive rights as a way to receive income.
In 2014, the number of registered license agreements (5150) decreased slightly as compared to 2013 (5384). At the same time the number of registered franchise agreements increased – 3311 as compared to 2013 (3210).
The total number of license agreements and franchise agreements registered in 2014 amounted to 8461 in respect of 15 661 trademarks, which is 1,6 % less than in 2013 (8594 contracts in respect of 15 187 trademarks) and below the level of 2012. At the same time the indicator of the number of trademarks in 2014 exceeds the same indicator in 2013 by 3,1 %.
The activity of Russian rightholders as regards registration of contracts of disposition of exclusive rights to trademarks is steadily increasing. As can be seen from Table 1.7.7, the share of trademarks owned by Russian persons that are covered by registered contracts, amounted to 75,5 % in 2014 (18 086), 73 % in 2013 (16 142), 73,6 % in 2012 (21 379), 71,3 % in 2011 (14 949), 74 % in 2010 (14 113). The number of contracts registered in respect of trademarks owned by Russian rightholders in 2014 amounted to 84.1 % (10 207) of the total number of contracts (12 134). In 2013 this number amounted to 83,7 % (9969) of the total number of contracts (11 906), in 2012 – to 87 % (13 483) of the total number of contracts (15 440), and in 2011 – to 82 % (7913) of the total number of contracts (9629).
The share of contracts registered in respect of trademarks owned by foreign rightholders in 2014 (1927) amounted to 15,9 % of the total number of contracts, to 16,3 % in 2013, to 13 % in 2012 and to 18 % in 2011.
The analysis of the ratio between the number of registered contracts and the number of trademarks covered by contracts shows that in 2014 the ratio between the number of registered contracts and the number of trademarks amounted to 1:1,97 (1:1,86 in 2013, 1:1,88 in 2012).
In 2014, 3311 franchise agreements were registered in respect of 4817 trademarks, which amounts to 103,1 % as compared to 2013 (3210 agreements in respect of 3693 trademarks), 52,6 % as compared to 2012 (6285 contracts in respect of 6986 trademarks) and 236 % as compared to 2011 (1403 contracts in respect of 2769 trademarks).
In 2014, Rospatent also performed registration of contracts of pledge / subsequent pledge of exclusive rights to trademarks. 40 contracts of pledge were registered in respect of 258 trademarks. In 2013, Rospatent registered 60 contracts of pledge in respect of 191 trademarks, in 2012–24 contracts in respect of 82 trademarks. The number of contracts of pledge decreased, while the number of trademarks covered by these contracts increased.
Apart from contracts of disposition of exclusive rights to trademarks, Rospatent provides registration of changes made to registered contracts of disposition of exclusive rights to trademarks and registration of termination thereof. In 2014, the steady growth of the number of registered changes retains: 2039 changes in respect of 5492 trademarks in 2010; 2663 changes in respect of 9529 trademarks in 2011; 2754 changes in respect of 11 123 trademarks in 2012; 5172 changes in respect of 12 789 trademarks in 2013 and 6606 changes in respect of 16 950 trademarks in 2014.
The considerable increase in the number of registered changes made to contracts is determined, inter alia, by the increase of the number of registered franchise agreements in 2012.
Also, in 2014, 1424 terminations of registered contracts were registered (3183 trademarks). To compare: 1392 terminations were registered in 2013 (2702 trademarks); 1074 terminations in 2012 (2200 trademarks); 1122 terminations in 2011 (2597 trademarks); 888 terminations in 2010 (1646 trademarks).
451 non-contractual transfers of exclusive rights to 2006 trademarks were registered in 2014. 498 transfers were registered in 2013 (1801 trademarks); 531 transfers in 2012 (2046 trademarks); 513 transfers in 2011 (1276 trademarks); 432 transfers in 2010 (949 trademarks).
Rospatent performs registration of contracts covering both trademarks and objects of patent law (inventions, utility models, industrial designs). 84 such contracts were registered in 2014, and 129 in 2013.
In 2014, in total 23 038 requests to register contracts and non-contractual transfers of exclusive rights were received, 94 of which were not accepted for consideration. Of the 22 467 requests considered, 20 204 contracts in respect of 44 339 trademarks and 451 non-contractual transfers in respect of 2006 trademarks were registered (in total 20 655 transfers in respect of 46 345 trademarks), which amounted to 91,9 % of the total number of requests considered. 1585 requests were rejected and 227 withdrawn. In 2014, the number of notifications on rejection decreased, as compared to 2013 and 2012.
Computer programs, databases and topographies of integrated circuits (CP, DB, TIC)
In the reported period, the number of submitted requests for registration of contractual and non-contractual transfers of exclusive rights decreased by 7,3 %: from 413 in 2013 to 383 in 2014.
In 2014, in total 319 requests were considered, in respect of dispositions of exclusive rights to 576 CPs, DBs and TIC, against 406 requests for 1154 objects in 2013. At the same time, the number of requests withdrawn by applicants or refused the state registration decreased by 60,2 % (from 98 to 39).
The number of registered contracts on disposition of exclusive rights to CPs, DBs and TICs and non-contractual transfers of exclusive rights is presented in Table 1.7.8.
Table 1.7.8
The number of registered contracts of alienation of exclusive rights to computer programs, databases and topographies of integrated circuits and non-contractual transfers
of exclusive rights
|
Type of contract |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Contracts of alienation of exclusive rights |
180 |
218 |
295 |
266 |
257 |
|
Non-contractual transfers of exclusive rights |
19 |
25 |
25 |
36 |
17 |
1.8. Rendering of state services on recognition of invalidity of granting legal protection to the results of intellectual activity and means of individualization and pre-term termination of validity of patents or certificates following the results of consideration of administrative disputes related to legal protection of the results of intellectual activity and means of individualization
According to the data presented in Table 1.8.1, in 2014, the number of appeals and requests received by Rospatent and the Chamber of Patent Disputes slightly increased (approximately by 1,4 %) as compared to 2013. If distributed by the objects serving as subject matter of consideration under such appeals and requests, the number of addresses in respect of means of individualization in general increased by approximately 4,5 %, and in respect of the results of intellectual activity an increase of about 12,8 % can be observed for industrial designs, the number of addresses for inventions remained roughly the same, and for utility models there was a decrease in the number of addresses (approximately by 22 %).
The average pendency time for addresses in respect of means of individualization, which amounted to about 4 months in 2013, increased to 5,2 months. As for results of intellectual activity, an increase of the average pendency time can be observed as well, from 5,5 months in 2013 to 8,4 in 2014.
Table 1.8.1
The number of appeals and requests received by Rospatent and the Chamber of Patent Disputes by types of results of intellectual activity and means of individualization
|
Results of intellectual activity and means of individualization |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Inventions |
227 |
276 |
303 |
286 |
287 |
|
Utility models |
139 |
130 |
169 |
204 |
160 |
|
Industrial designs |
32 |
55 |
39 |
47 |
53 |
|
Trademarks |
1968 |
2193 |
1366 |
1449 |
1513 |
|
Appellations of origin |
2 |
– |
7 |
1 |
1 |
|
Granting of exclusive rights to earlier registered appellations of origin |
– |
12 |
13 |
1 |
2 |
|
Total |
2368 |
2666 |
1897 |
1988 |
2016 |
Table 1.8.2 shows that the total number of decisions made on the results of consideration of appeals and requests by an expert commission of Rospatent and the Chamber of Patent Disputes, increased by about 3,7 % as compared to 2013.
Table 1.8.2 also shows that on appeals against examination decisions of Rospatent, there were almost 16 % increase of decisions made (896 decisions in 2013 vs. 1037 decisions in 2014), while the number of decisions made on appeals against granting of legal protection decreased by the same margin of about 16 % (from 532 decisions in 2013 to 445 decisions in 2014).
In 2014, prosecution was terminated for 22 cases, which is 9 cases more than in 2013. The increase is determined by the increase in the number of requests that the applicants failed to reply to.
Table 1.8.2
The number of appeals and requests received by Rospatent and the Chamber of Patent Disputes, and decisions made by Rospatent
|
Types of addresses |
2011 |
2012 |
2013 |
2014 |
||||
|
Received |
Decisions made |
Received |
Decisions made |
Received |
Decisions made |
Received |
Decisions made |
|
|
Appeals against examination decisions |
1020 |
921 |
1052 |
786 |
1295 |
896 |
1419 |
1037 |
|
Appeals against the granting of legal protection |
582 |
535 |
766 |
519 |
657 |
532 |
575 |
445 |
|
Requests |
1027 |
944 |
79 |
262 |
36 |
27 |
22 |
18 |
|
Not recognized as appeals or requests |
0 |
384 |
0 |
402 |
0 |
95 |
- |
100 |
|
Appeals and requests recognized as withdrawn |
– |
32 |
– |
10 |
– |
13 |
- |
22 |
|
Total |
2629 |
2816 |
1897 |
1979 |
1988 |
1563 |
2016 |
1622 |
Table 1.8.3 shows the allocation of decisions made by Rospatent by types of results of intellectual activity and means of individualization. As can be seen from this Table, the number of decisions made in 2014 on trademarks, as in previous years, vastly exceeds the number of decisions made on other types of intellectual property objects. In respect of trademarks and appellations of origin a general tendency for growth can be observed on the number of decisions made on appeals against examination decisions of Rospatent (749 in 2013 and 893 in 2014), and some decrease in the number of decisions made on appeals against the granting of legal protection (364 in 2013 and 269 in 2014). As for inventions and industrial designs, an opposite tendency is observed, where the number of decisions made on appeals against examination decisions of Rospatent decreased (107 to 94 for inventions, 20 to 9 for industrial designs) and the number of decisions made on appeals against the granting of patents for inventions increased (65 to 99). At the same time the number of decisions made on appeals against the granting of legal protection to utility models decreased (approximately by 29 %), while the number of decisions made on appeals against the examination decisions increased twofold.
Table 1.8.3
The number of Rospatent decisions with a breakdown by the different types of the results of intellectual activity and means of individualization
|
Types of results of intellectual activity |
Years |
Decisions |
||
|
on appeals against examination decisions |
on appeals against the granting of legal protection |
on requests |
||
|
Inventions |
2011 |
135 |
79 |
- |
|
2012 |
114 |
86 |
- |
|
|
2013 |
107 |
65 |
- |
|
|
2014 |
94 |
99 |
- |
|
|
Utility models |
2011 |
17 |
117 |
- |
|
2012 |
10 |
85 |
- |
|
|
2013 |
20 |
89 |
- |
|
|
2014 |
41 |
63 |
- |
|
|
Industrial designs |
2011 |
21 |
31 |
- |
|
2012 |
10 |
12 |
- |
|
|
2013 |
20 |
14 |
- |
|
|
2014 |
9 |
14 |
- |
|
|
Trademarks |
2011 |
748 |
305 |
928 |
|
2012 |
651 |
327 |
238 |
|
|
2013 |
748 |
346 |
5 |
|
|
2014 |
893 |
262 |
2 |
|
|
Well-known marks |
2011 |
- |
1 |
10 |
|
2012 |
- |
1 |
16 |
|
|
2013 |
- |
2 |
17 |
|
|
2014 |
- |
1 |
11 |
|
|
Trademarks (abuse of rights and unfair competition) |
2011 |
- |
3 |
- |
|
2012 |
- |
8 |
- |
|
|
2013 |
- |
10 |
- |
|
|
2014 |
- |
5 |
- |
|
|
Generic trademarks |
2013 |
- |
- |
3 |
|
2014 |
- |
- |
5 |
|
|
Appellations of origin |
2012 |
- |
2 |
- |
|
2013 |
- |
4 |
1 |
|
|
2014 |
- |
- |
- |
|
|
Granting of exclusive rights to earlier registered appellation of origin |
2011 |
- |
2 |
3 |
|
2012 |
1 |
6 |
- |
|
|
2013 |
1 |
2 |
1 |
|
|
2014 |
- |
1 |
- |
|
Table 1.8.4 presents the results of consideration of appeals by types of results of intellectual activity and means of individualization, which show that 833 of the considered appeals were satisfied and 565 rejected. For trademarks, the number of satisfied appeals generally increased by 13,5 % (722 against 636 in 2013) and the number of appeals rejected decreased by almost 5 % (to 395 as compared to 416 in 2013). As for the object s of patent law the statistics is uneven. The only definite statistics available is for utility models, whereby considerable increase (by about 70 %) in the number of decisions to reject appeals and slight decrease (by about 5 %) in the number of decisions to satisfy appeals could be observed.
Table 1.8.4
The results of consideration of appeals
|
Types of results of intellectual activity |
Years |
Results of consideration |
|
|
Appeal satisfied |
Appeal rejected |
||
|
Inventions |
2011 |
60 |
145 |
|
2012 |
61 |
117 |
|
|
2013 |
51 |
108 |
|
|
2014 |
51 |
92 |
|
|
Utility models |
2011 |
57 |
58 |
|
2012 |
42 |
42 |
|
|
2013 |
58 |
38 |
|
|
2014 |
55 |
65 |
|
|
Industrial designs |
2011 |
27 |
20 |
|
2012 |
9 |
9 |
|
|
2013 |
14 |
13 |
|
|
2014 |
5 |
13 |
|
|
Trademarks (including well-known marks) |
2011 |
531 |
488 |
|
2012 |
565 |
371 |
|
|
2013 |
636 |
416 |
|
|
2014 |
722 |
395 |
|
|
Appellations of origin (registration) |
2011 |
- |
- |
|
2012 |
- |
2 |
|
|
2013 |
1 |
3 |
|
|
2014 |
- |
- |
|
|
Granting of exclusive rights to earlier registered appellations of origin |
2011 |
- |
2 |
|
2012 |
1 |
6 |
|
|
2013 |
1 |
2 |
|
|
2014 |
- |
- |
|
|
Total |
2011 |
675 |
713 |
|
2012 |
678 |
547 |
|
|
2013 |
761 |
580 |
|
|
2014 |
833 |
565 |
|
According to data presented in Table 1.8.5, in 2014, of the 1481 decisions made by the Chamber of Patent Disputes on appeals related to intellectual property objects 565 of the appealed decisions of Rospatent and registrations were affirmed, which amounted to about 38 %. This indicator is roughly the same as in 2013 (approximately 40 %). At the same time the number of decisions of Rospatent and registrations revised or revoked increased (from 53 % to 56 %).
Table 1.8.5
The number of decisions made on appeals
|
Type of decision |
2011 |
2012 |
2013 |
2014 |
|
|
Decision of examination by Rospatent |
affirmed |
133 (patents) |
97 (patents) |
105 (patents) |
100 (patents) 287(trademarks) |
|
revised |
11 (patents) |
13 (patents) |
8 (patents) |
6 (patents) |
|
|
revoked |
28 (patents) |
20 (patents) |
32 (patents) 366(trademarks) |
36 (patents) |
|
|
Title of protection (except well-known trademarks) |
recognized as invalid in full |
91 (patents) |
64 (patents) |
69 (patents) |
60 (patents) |
|
recognized as invalid in part |
14 (patents) |
15 (patents) |
14 (patents) |
9 (patents) |
|
|
affirmed |
90 (patents) |
71 (patents) |
54 (patents) |
70 (patents) |
|
|
Prosecution terminated |
70 |
80 |
87 |
83 |
|
|
Total |
1455 |
1304 |
1426 |
1481 |
|
As can be seen from Table 1.8.5, in 2014, the number of cases where prosecution was terminated slightly decreased (from 87 cases in 2013 to 83 cases in 2014).
Table 1.8.6
The number of considered requests related to trademarks and appellations of origin,
by types of requests
|
Type of request |
Type of decision |
2011 |
2012 |
2013 |
2014 |
|
Pre-term termination of trademark protection due to non-use |
satisfied in part |
492 |
131 |
– |
1 |
|
satisfied in full |
207 |
50 |
3 |
- |
|
|
rejected |
60 |
17 |
2 |
- |
|
|
Pre-term termination of protection of trademarks that became generic |
rejected |
– |
– |
2 |
3 |
|
Pre-term termination of legal protection of an appellation of origin |
rejected |
– |
– |
1 |
- |
|
Pre-term termination of validity of a certificate of exclusive rights to an appellation of origin |
rejected |
3 |
– |
1 |
- |
|
Prosecution terminated |
|
169 |
40 |
1 |
3 |
|
Total |
|
931 |
238 |
10 |
7 |
In 2014, experts of the Chamber of Patent Disputes were involved into the preparatory work in the examination commissions of Rospatent in order to conduct the legally significant actions by the federal executive authority for intellectual property in respect of a number of appeals and requests. In particular, the experts of the Chamber of Patent Disputes were involved into the consideration of:
- • 5 appeals against the granting of legal protection to a trademark, where the actions of the rightholder related to state registration of the respective trademark were duly recognized as abuse of rights or unfair competition. All of the appeals were satisfied (Table 1.8.3);
- • 5 requests on pre-term termination of the legal protection of trademarks due to becoming an indication serving to identify a specific type of goods (generic trademarks), 3 of which were rejected, and for 2 the prosecution was terminated (Table 1.8.6);
- • 11 requests to recognize a trademark or an indication used as a trademark as a well-known trademark in the Russian Federation, 7 of which were satisfied in full and 1 in part (Table 1.8.7).
Table 1.8.7
The number of considered cases related to well-known trademarks
|
Type of case |
Type of decision |
2011 |
2012 |
2013 |
2014 |
|
Request to recognize a trademark or an indication used as a trademark as a well-known trademark in the Russian Federation |
satisfied |
8 |
14 |
12 |
7 |
|
satisfied in part |
- |
- |
- |
1 |
|
|
rejected |
2 |
2 |
5 |
2 |
|
|
prosecution terminated |
- |
- |
- |
1 |
|
|
Appeals against the granting of legal protection to well-known trademarks in the Russian Federation |
satisfied |
- |
- |
- |
- |
|
rejected |
1 |
1 |
2 |
1 |
|
|
Total |
|
11 |
17 |
19 |
12 |
1.9. Interaction between Rospatent and federal executive authorities, judicial and other authorities
In accordance with paragraph 6.5 of the Statute of the Federal Service for Intellectual Property approved by the Decree of the Government of the Russian Federation of March 21, 2012 № 218 Rospatent provides explanations on issues within its competence, including on the requests of executive authorities, public prosecution and judicial authorities performing law enforcement functions in the area of civil circulation of intellectual property objects and exclusive rights enforcement.
In 2014 Rospatent responded in total to 4497 requests of executive authorities as well as public prosecution and judicial authorities. The respective data is presented in Table 1.9.1.
Table 1.9.1
Interaction between Rospatent and federal executive authorities, judicial and other authorities
|
Name of the authority |
Number of requests |
Subject of requests |
||
|
2012 |
2013 |
2014 |
||
|
Government of the Russian Federation |
57 |
51 |
50 |
Provision of data related to intellectual property objects, data and documents on disposition of rights to intellectual property objects |
|
Ministry of Education and Science of the Russian Federation |
1 |
6 |
2 |
|
|
Ministry of Foreign Affairs of the Russian Federation |
- |
- |
1 |
|
|
Ministry of Justice of the Russian Federation |
5 |
6 |
4 |
|
|
Ministry of Finance of the Russian Federation |
1 |
- |
1 |
|
|
Ministry of Agriculture of the Russian Federation |
- |
- |
1 |
|
|
Ministry of Culture of the Russian Federation |
1 |
- |
3 |
|
|
Ministry of Defense of the Russian Federation |
6 |
2 |
5 |
|
|
Ministry of Industry and Trade of the Russian Federation |
1 |
2 |
6 |
|
|
Ministry of Economic Development of the Russian Federation |
67 |
53 |
49 |
|
|
Ministry of Telecom and Mass Communications of the Russian Federation |
5 |
3 |
6 |
|
|
Ministry of Health of the Russian Federation |
- |
5 |
2 |
|
|
Chamber of Commerce and Industry of the Russian Federation |
6 |
6 |
4 |
|
|
Federal Service for Supervision in the Field of Consumer Rights Protection and Human Welfare |
37 |
20 |
13 |
|
|
Federal Service for Supervision in the Field of Mass Communications and Cultural Heritage Protection |
- |
- |
- |
|
|
Federal Service for Alcohol Market Regulation |
1 |
7 |
3 |
|
|
Ministry of Internal Affairs of the Russian Federation |
310 |
308 |
308 |
Provision of data related to intellectual property objects, data and documents on disposition of rights to intellectual property objects:
|
|
Federal Security Service of the Russian Federation |
- |
14 |
3 |
|
|
Federal Antimonopoly Service of the Russian Federation |
170 |
165 |
204 |
|
|
Federal Customs Service of the Russian Federation |
302 |
293 |
188 |
|
|
Federal Tax Service of the Russian Federation |
114 |
155 |
115 |
|
|
Federal Service of Court Bailiffs of the Russian Federation |
4519 |
4805 |
3406 |
Provision of data on the registered intellectual property objects; provision of data on the existing enforcement measures relating to intellectual property objects; seizure of intellectual property objects; release from seizure of intellectual property objects; provision of data and documents on disposition of rights to intellectual property objects |
|
Office of the General Prosecutor |
52 |
43 |
46 |
Provision of data related to intellectual property objects, data and documents on disposition of rights to intellectual property objects |
|
Courts |
59 |
40 |
77 |
|
|
Total: |
5714 |
5984 |
4497 |
|
Year 2014 showed trends:
- • of decrease in the number of requests from the Federal Service of Court Bailiffs of the Russian Federation as well as from the Federal Customs Service;
- • of increase in the number of requests from the Federal Antimonopoly Service of the Russian Federation.
Representation of Rospatent and FIPS in the judicial authorities was implemented by members of the court representation division. The division participates in settling of disputes in commercial courts and general jurisdiction courts and performs control over the proper execution of judicial acts and enforcement measures imposed on various objects of intellectual property.
The court representation division carries out analysis and review of judicial practices, prepares analytical reports related to the issues of legal enforcement in the field of protection of the results of intellectual activity and means of individualization.
As follows from the data in Table 1.9.2 for the period from January to December of 2014 courts located in Moscow issued 634 judicial acts on legal cases of appealing decisions (actions) of Rospatent.
According to the data presented in Table 1.9.2, most of judicial acts were issued by the Intellectual Property Rights Court on disputes related to granting or termination of legal protection of intellectual property objects and means of individualization.
Decisions (actions) of Rospatent which do not fall within the competence of the Intellectual Property Rights Court were appealed in other commercial courts and most of the disputes appealed the refusal in state registration of contracts related to the results of intellectual activity and means of individualization.
In total, 443 judicial acts on trademarks were issued during the reporting period (including international registrations). 187 judicial acts were issued on patents for inventions, utility models and industrial designs.
Table 1.9.2
Legal cases of appealing decisions (actions) of Rospatent considered
by courts located in Moscow
|
IP Objects |
Intellectual Property |
Other Commercial Courts |
General Jurisdiction Courts |
Total |
|||
|
Claims satisfied |
Claims not satisfied |
Claims satisfied |
Claims not satisfied |
Claims satisfied |
Claims not satisfied |
||
|
Trademarks |
98 |
313 |
4 |
26 |
- |
2 |
443 |
|
Inventions |
18 |
71 |
4 |
4 |
3 |
7 |
107 |
|
Utility models |
16 |
46 |
2 |
8 |
- |
1 |
73 |
|
Industrial designs |
- |
7 |
- |
- |
- |
- |
7 |
|
Databases |
- |
- |
- |
- |
- |
- |
- |
|
Appelations of origin |
1 |
2 |
- |
- |
- |
- |
3 |
|
Computer Programs |
- |
1 |
- |
- |
- |
- |
1 |
|
Total: |
133 |
440 |
10 |
38 |
3 |
10 |
634 |
Rospatent is also involved in legal cases of exclusive rights infringement, of identification of the author of a patent (patentholder) to an invention, utility model, industrial design as well as of invalidation of contracts (termination of contracts) related to intellectual property objects.
Information on the number of such cases considered in Moscow in commercial courts and courts of general jurisdiction in 2014 is presented in Table 1.9.3.
Table 1.9.3
Legal cases involving Rospatent and FIPS considered by the courts located in Moscow
|
IP Objects |
Commercial Courts |
General Jurisdiction courts |
Total |
||
|
Claims satisfied |
Claims not satisfied |
Claims satisfied |
Claims not satisfied |
||
|
Trademarks |
14 |
42 |
- |
- |
56 |
|
Inventions |
1 |
9 |
- |
2 |
12 |
|
Utility models |
3 |
14 |
1 |
3 |
21 |
|
Industrial designs |
- |
2 |
- |
- |
2 |
|
Databases |
- |
- |
- |
- |
- |
|
Iternational Registrations |
- |
1 |
- |
- |
1 |
|
Appelations of origin |
- |
- |
- |
- |
- |
|
Computer Programs |
- |
5 |
- |
2 |
7 |
|
Total: |
18 |
73 |
1 |
7 |
99 |
It should be noted that legal cases with the involvement of Rospatent that were considered by courts outside of Moscow are not included in the Table 1.9.3.
While analyzing the judicial practice of 2014 involving Rospatent, a large number of disputes on pre-term termination of legal protection of trademarks due to their non-use should be mentioned. Rospatent is involved in such cases as a non-party intervener. Information on the number of decisions issued by courts is shown in Table 1.9.4.
Table 1.9.4
Legal cases of pre-term termination of legal protection of trademarks due to their non-use
|
IP Objects |
Intellectual Property Rights Court |
Other Commercial Courts |
Total |
||
|
Claims satisfied |
Claims not satisfied |
Claims satisfied |
Claims not satisfied |
||
|
Trademarks |
244 |
304 |
12 |
27 |
587 |
|
Iternational Registrations |
7 |
21 |
4 |
4 |
36 |
|
Total: |
251 |
325 |
16 |
31 |
623 |
1.10. Cooperation and interaction of Rospatent with regions of the Russian Federation in 2014
For the purposes of interaction of the system of Rospatent with regions of the Russian Federation in the field of intellectual property, in 2014 cooperation agreements between Rospatent and the governments of the Republic of Buryatia, Voronezh Region, the Republic of Mari El, Trans-Baikal Territory, Sevastopol, Council of Ministers of the Republic of Crimea were signed.
Following the results of 2014, within the framework of cooperation agreements Rospatent interacts with 44 governments (administrations) of regions of the Russian Federation and FIPS cooperates with 47 regional supporting (competent) organizations from 37 regions of Russia on the basis of signed contracts (Table 1.10.1).
Table 1.10.1
Cooperation of the system of Rospatent with regions of the Russian Federation
in the framework of regional policy
|
Federal district |
Regions which administrations concluded cooperation agreements with Rospatent |
Supporting organizations in regions which concluded cooperation agreements with FIPS |
|
Central |
Moscow |
Advanced Research Foundation |
|
Federal State Unitary Enterprise «All-Russian scientific research institute of aircraft materials» State Research Centre of the Russian Federation |
||
|
Moscow City Organization of the All-Russian Society of Inventors and Innovators |
||
|
Belgorod Region |
State Budgetary Institution of Culture «Belgorod state universal scientific library» |
|
|
Bryansk Region |
State Budgetary Institution of Culture «Bryansk state universal scientific library n.a. F.I. Tyutchev» |
|
|
Voronezh Region |
Voronezh Scientific and Technical Information Center – branch office of the Federal State Budgetary Institution «Russian Energy Agency» of the Ministry of Energy of the Russian Federation |
|
|
Federal Sate Budgetary Educational Institution of Higher Vocational Education «Voronezh forestry engineering academy» |
||
|
Kaluga Region |
- |
|
|
Kostroma Region |
- |
|
|
Lipetsk Region |
State Budgetary Institution of Culture «Lipetsk regional universal scientific library» |
|
|
Oryol Region |
Federal State Budgetary Educational Institution of Higher Vocational Education «State University – Education-Science-Production Complex» |
|
|
Ryazan Region |
- |
|
|
Tambov Region |
Federal State Budgetary Educational Institution of Higher Vocational Education «Tambov state technical university» |
|
|
Tver Region |
State Budgetary Institution of Culture «Tver «Badge of Honor» Order regional universal scientific library n.a. A.M. Gorky» |
|
|
Tula Region |
State Institute of Culture «Tula regional universal scientific library» |
|
|
Southern |
Astrakhan Region |
State Budgetary Educational Institution of Higher Vocational Education «Astrakhan state medical academy» of the Ministry of Health of the Russian Federation |
|
Volgograd Region |
Federal State Educational Institution of Higher Vocational Education «Volgograd academy of the Ministry of Internal Affairs of the Russian Federation» |
|
|
Volgograd Chamber of Commerce and Industry |
||
|
North Western |
Saint-Petersburg |
Institute of international business and law of the Federal State Budgetary Educational Institution of Higher Vocational Education «Saint-Petersburg national research university of information technologies, mechanics and optics» |
|
Republic of Karelia |
- |
|
|
Republic of Komi |
- |
|
|
Arkhangelsk Region |
Arkhangelsk regional scientific library n.a. N.A. Dobrolyubov |
|
|
Kaliningrad Region |
Kaliningrad Chamber of Commerce and Industry |
|
|
Far Eastern |
Republic of Sakha (Yakutia) |
- |
|
Khabarovsk Territory |
Autonomous Nonprofit Organization «Far Eastern agency of assistance to innovations» |
|
|
Amur Region |
Federal State Budgetary Educational Institution of Higher Vocational Education «Amur state university» |
|
|
Sakhalin Region |
Federal State Budgetary Educational Institution of Higher Vocational Education «Sakhalin state university» |
|
|
Siberian |
- |
Regional State Budgetary Institution «Altai regional universal scientific library n.a. V.Y. Shishkov» (Republic of Altai) |
|
Republic of Buryatia |
State Autonomous Institution of Culture «National Library of the Republic of Buryatia» |
|
|
Altai Territory |
- |
|
|
Trans-Baikal Territory |
- |
|
|
Novosibirsk Region |
Federal State Budgetary Scientific Institution «State public scientific and technical library of the Siberian branch of the Russian Academy of Science» |
|
|
- |
Federal State Budgetary Educational Institution of Higher Vocational Education «Omsk state technical university» (Omsk Region) |
|
|
Tomsk Region |
Federal State Budgetary Educational Institution of Higher Vocational Education «Tomsk national research polytechnic university» |
|
|
- |
Federal State Budgetary Educational Institution of Higher Vocational Education «Tuvan State University» (Republic of Tuva) |
|
|
Ural |
- |
State Institution of Culture «Kurgan regional universal scientific library n.a. A.K. Ugov» (Kurgan Region) |
|
Sverdlovsk Region |
Ural center of science and technology |
|
|
Non-commercial partnership of patent attorneys «Novation» |
||
|
Tyumen Region |
- |
|
|
- |
South-Ural Chamber of Commerce and Industry (Chelyabinsk region) |
|
|
Volga |
- |
Federal Budgetary Institution «State regional center for standards, metrology and testing of the Republic of Bashkortostan (Republic of Bashkortostan) |
|
Republic of Mari El |
Federal State Budgetary Educational Institution of Higher Vocational Education «State university of Mari El» |
|
|
Chamber of Commerce and Industry of the Republic of Mari El |
||
|
Federal State Budgetary Educational Institution of Higher Vocational Education «Volga state technical university» |
||
|
Republic of Mordovia |
Autonomous Institution «Technopark-Mordovia» |
|
|
Republic of Tatarstan |
Chamber of Commerce and Industry of the Republic of Tatarstan |
|
|
State Unitary Enterprise «Tatarstan Scientific and Technical Information Center» |
||
|
Udmurt Republic |
- |
|
|
Chuvash Republic |
Budgetary Institution «National library of the Chuvash Republic» |
|
|
Kirov Region |
Federal State Budgetary Educational Institution of Higher Vocational Education «Vyatka state university» |
|
|
Nizhny Novgorod region |
State Budgetary Educational Institution of Further Vocational Education «Science and Technology Center of Nizhny Novgorod» |
|
|
Ulyanovsk Region |
- |
|
|
Samara Region |
State Budgetary Institution of Culture «Samara regional universal scientific library» |
|
|
Non-state Educational Institution «Tolyatti institute of technical creativity and patenting» |
||
|
Federal State Budgetary Educational Institution of Higher Vocational Education «Tolyatti state university» |
||
|
- |
Federal State Budgetary Educational Institution of Higher Vocational Education «Saratov state university n.a. N.G. Chernyshevsky» (Saratov Region) |
|
|
North Caucasian |
Republic of Kabardino-Balkaria |
Federal State Budgetary Educational Institution of Higher Vocational Education «Kabardino-Balkarian state university n.a. H.M. Berbekov» |
|
Republic of North Ossetia-Alania |
- |
|
|
Stavropol Territory |
State Unitary Enterprise «Management company of the investment and innovation development of the Stavropol Territory» |
|
|
Crimean |
Republic of Crimea |
- |
|
City of federal importance Sevastopol |
- |
|
|
Total: |
44 |
47 |
In 2014, implementation of provisions of the Memorandum of Understanding between Rospatent and the World Intellectual Property Organization (WIPO) on establishment of Technology and Innovation Support Centers (TISCs) in the Russian Federation was continued.
Cooperation agreements containing substantive provisions on activity arrangement of basic TISCs (TISCs of the 1st level) were signed with 19 organizations: Federal State Educational Institution of Higher Vocational Education «Volgograd academy of the Ministry of Internal Affairs of the Russian Federation», State Budgetary Institution of Culture «Lipetsk regional universal scientific library», Federal State Budgetary Educational Institution of Higher Vocational Education «Tolyatti state university», Budgetary Institution «National library of the Chuvash Republic», Non-state Educational Institution «Tolyatti institute of technical creativity and patenting», Federal State Budgetary Educational Institution of Higher Vocational Education «Amur state university», Federal State Unitary Enterprise «All-Russian scientific research institute of aircraft materials» State Research Centre of the Russian Federation, Research and Production Association «Selta», Advanced Research Foundation, Federal State Budgetary Educational Institution of Higher Vocational Education «Kabardino-Balkarian state university n.a. H. M. Berbekov», Chamber of Commerce and Industry of the Republic of Tatarstan, Federal Budgetary Institution «State regional center for standards, metrology and testing of the Republic of Buryatia», State Autonomous Institution of Culture «National Library of the Republic of Buryatia», Federal State Budgetary Educational Institution of Higher Vocational Education «State university of Mari El», Voronezh Scientific and Technical Information Center – branch office of the Federal State Budgetary Institution «Russian Energy Agency» of the Ministry of Energy of the Russian Federation, Chamber of Commerce and Industry of the Republic of Mari El, Federal State Budgetary Educational Institution of Higher Vocational Education «Volga state technical university», Federal Budgetary Educational Institution of Higher Vocational Education «Voronezh forestry engineering academy», Federal State Budgetary Educational Institution of Higher Vocational Education «Tambov state technical university».
Moreover, 17 TISCs of the 2nd level were created on the basis of trilateral agreements: in Saint-Petersburg on the basic of the closed joint-stock company «Infora»; in the Republic of Tatarstan on the basic of the Federal State Budgetary Educational Institution of Higher Vocational Education «Kazan national research technical university», the Federal State Educational Institution of Higher Vocational Education «Kazan state power engineering university», the limited liability company «Gazprom Transgaz Kazan», the open joint stock company «Research and Production Association «State Institute of Applied Optics», the limited liability company «Tatintek», the Autonomous Public Health Care Institution «Republican Clinical Hospital of the Ministry of Health of the Republic of Tatarstan», the open joint stock company «TANECO», the limited liability company «Innovation and Technology Center «Consulting, research, automation, technology», the closed joint-stock company «ENIKS», the State Autonomous Institution «Technopark in the sphere of high technologies «IT Park», the open joint stock company «KAMAZ»; in the Republic of Bashkortostan on the basis of the Institute of Organic Chemistry – Academic Center of the Russian Academy of Science; n the Republic of Chuvashia on the basis of Cheboksary Polytechnic Institute – branch office of the University of mechanical engineering; in the Khanty-Mansiysk Autonomous Region on the basis of the State Budgetary Educational Institution of Higher Vocational Education «Surgut State University»; in the Republic of Sakha (Yakutia) on the basis of Technical Institute – branch office of the Federal State Autonomous Educational Institution of Higher Vocational Education «North Western federal university n.a. M. K. Ammosov», Polytechnic Institute (branch office of the North Western federal university n.a. M. K. Ammosov).
As to December 31, 2014 TISCs were established on the basis of 116 economic entities (see Diagram 1) from 63 regions in 9 federal districts of the Russian Federation. The full list of economic entities rendering services for TISC’s areas of activity is available online on the official website of FIPS (www.fips.ru) in the section «Cooperation with regions of the Russian Federation», «Technology and Innovation Support Centers (TISCs)».
Economic entities rendering services for TISC’s areas of activity are divided by the main types of economic activities in accordance with Diagram 2.
Holding of free training seminars and workshops for TISCs staff is one of the major aspects of activity in the framework of TISCs project. In 2014, FIPS conducted two training seminars:
- • April 22–23, 2014 – practical seminar «Tools and methods of decision making in the field of legal protection and utilization of the results of intellectual activity» in the framework of the II Forum of Rospatent «Innovation Potential of Russia» (Moscow);
- • June 18–19, 2014 – regional research-practice workshop in Tyumen.
In June of 2014 in Harbin (People’s Republic of China, PRC) representatives of Russian regional TISCs took part in the Russian-Chinese seminar «Patent information and support of innovative capacity» organized by Rospatent and the State Intellectual Property Office of PRC in cooperation with WIPO and Heilongjiang Intellectual Property Office of PRC.
The Third TISCs Congress which was held on September 24–25, 2014 in St. Petersburg has already become an annual event. Congress was organized by WIPO, Rospatent and the Institute of international business and law of the «Saint-Petersburg national research university of information technologies, mechanics and optics».
In 2014, in the framework of the Regional Information Support Program FIPS provided economic entities of Russian regions with 24 new free access points to the full-text databases (hereinafter – DB) of descriptions of national inventions and utility models, including the additional ability for TISCs to carry out search by industrial designs.
As to December 31, 2014, the ability of free access to DB via the web-site of FIPS was provided to 299 organizations in 9 federal districts of the Russian Federation. Access was provided to: 48 supporting organizations; 8 science cities, 41 state research centers, 35 research centers of the Russian Academy of Science, 40 organizations within the federal target program «Infrastructure development of nanotechnology industry in the Russian Federation for 2008–2011», 109 TISCs and 18 other organizations.
Table 1.10.2 shows the breakdown of organizations that have been granted free access to the FIPS DB by the appropriate categories, by federal districts.
Table 1.10.2
Breakdown of organizations that have been granted the free access to FIPS full text databases of national inventions, utility models and industrial designs by federal districts
|
Federal District |
Supporting Organizations |
Science Cities |
State Research Centers |
Research Centers of the Russian Academy of Science |
Federal Target Program |
Technology and Innovation Support Centers |
Other |
Total |
|
Central |
9 |
7 |
28 |
11 |
14 |
29 |
4 |
102 |
|
North Western |
3 |
– |
11 |
4 |
3 |
8 |
3 |
32 |
|
Southern |
8 |
– |
1 |
– |
3 |
7 |
3 |
22 |
|
North Caucasian |
– |
– |
– |
– |
3 |
5 |
– |
8 |
|
Volga |
15 |
– |
1 |
6 |
8 |
32 |
4 |
66 |
|
Ural |
7 |
– |
– |
3 |
2 |
4 |
– |
16 |
|
Siberian |
4 |
1 |
– |
6 |
5 |
14 |
2 |
32 |
|
Far Eastern |
2 |
– |
– |
5 |
2 |
9 |
2 |
20 |
|
Crimean |
– |
– |
– |
– |
– |
1 |
– |
1 |
|
Total: |
48 |
8 |
41 |
35 |
40 |
109 |
18 |
299 |
In accordance with Annexes 1 and 2 to the Agreement on establishment of TISCs during 2014 sets of the Russian patent documents on optical disks DVD-ROM (756 discs in total) have been transferred to the Centers and information products and materials prepared by department of the All-Russian Patent and Technical Library have been regularly updated on the FIPS web-site: Guide to the All-Russian Patent and Technical Library funds and web resources; Electronic Catalogue of patent law literature; Internet navigator on patent information resources; lists of recommended bibliography for regions and etc.
In 2014, the following bibliographic indexes were prepared by department of the All-Russian Patent and Technical Library for placing on disks for participants of the III TISCs Congress (September 24–25, 2014):
- • «System of patent information support in the Russian Federation», «System of patent information support in foreign countries»;
- • «Patenting of inventions under the Patent Cooperation Treaty (PCT)»;
- • «Implementation of the Patent Prosecution Highway (PPH) Program in the Russian Federation: cooperation with foreign patent offices»;
- • «Patenting of inventions under the Eurasian Patent Convention».
The publication «Golden Fund of the world inventions» was prepared by Moscow City Organization of the All-Russian Society of Inventors and Innovators for placing on disks for participants of the III TISCs Congress.
In 2014, the following informational materials were also transferred to TISCs: «Development concept of a network of Technology and Innovation Support Centers in the Russian Federation» – 65 copies; «Report on Patent Landscape for vaccines against certain infectious diseases» – 64 copies.
In 2014, cooperation in accordance with the «Memorandum of Understanding between the EAPO and Rospatent (signed on November 21, 2012) on providing of access to the Eurasian Patent Information System (EAPATIS) for public libraries and leading universities of the Russian Federation» was continued. Grounds for inclusion in this list were the availability of status of TISCs or high ranking in patenting. As a result, in 2014, access to EAPATIS was provided for 27 organizations, 23 of which have the status of TISCs. 3 leading scientific and educational institutions of the Crimean federal district were included into the list for the first time. Passwords and access codes obtained from the EAPO have been sent to all organizations. From the beginning of this work in 2012 and as to December 31, 2014 totally 50 organizations obtained access to EAPATIS. On the request of the All-Russian Patent and Technical Library the EAPO provides monthly statistical information on the use of EAPATIS by these organizations.
In 2014, within the framework of cooperation program between Rospatent and regions the department of the All-Russian Patent and Technical Library held 9 thematic meetings with the leading specialists of FIPS, 8 of them – via videoconference:
- • February 5 – «Features of legal protection of inventions in the field of information technologies in the Russian Federation»;
- • February 19 – «Legal protection of databases in the Russian Federation, basic requirements for applications for the state registration of databases»;
- • March 5 – «Patent Prosecution Highway (PPH): current status and prospects»;
- • March 19 – «Filing and examination of applications under the Patent Cooperation Treaty (PCT)»;
- • April 9 – «Features of the workplace settings in the e-filing system for trademark applications. Trademark applications filing via updated system interfaces»;
- • April 16 – «Peculiarities of patenting of inventions in the field of medicine, pharmaceuticals and biotechnology»;
- • October 22 –«Rospatent search system PatSearch – tool for professional patent search»;
- • November 6 – «Patent and information support of nanoindustry development»;
- • November 27 – «An overview of new functionalities of e-filing system for trademark applications».
Videoconference was carried out with the following economic entities which established TISCs: State public scientific technical library of the Siberian branch of the Russian Academy of Science (Novosibirsk); Autonomous institution of the Khanty-Mansiysk Autonomous District – Ugra «High Technology Park»; State Budgetary Institution of Culture «Belgorod state universal scientific library»; Belgorod state technical university; Regional State Budgetary Institution «Altai regional universal scientific library n.a. V. Y. Shishkov»; Federal State Budgetary Educational Institution of Higher Vocational Education «Don state technical university», Saratov state university n.a. N. G. Chernyshevsky», State Educational Institution of Higher Vocational Education «Astrakhan state medical academy» of the Ministry of Health of the Russian Federation and other involved organizations.
In 2014, Rospatent organized and conducted 40 conferences, seminars and round tables in 19 regions of the Russian Federation:
- • January 16 – round table «Tatarstan in the global world: creating the future» within the framework of the International Conference «Gaidar Forum – 2014» «Russia and the World: Sustainable Development» (Moscow)
- • January 28–29 – training seminar for specialists of the Moscow City Organization of the All-Russian Society of Inventors and Innovators «Using patent databases online» (Moscow, FIPS);
- • February 26–27 – workshop «Patent law issues» (Petrozavodsk, Ministry of Economic Development of the Republic of Karelia);
- • March 18–19 – regional scientific and practical conference for specialists of Volga Federal District of the Russian Federation «Tools to enhance inventive activity and development of the intellectual property market in Russian regions» (Saransk, Autonomous Institution «Technopark-Mordovia»);
- • March 20–21 – The XIV Forum on Intellectual Property (Moscow, company «Infor-media Russia»);
- • April 2 – scientific and practical conference of Rospatent in the framework of the XVII Moscow International Salon of Inventions and Innovation Technologies «Archimedes-2014» – «Patents and Information Resources of innovative economic development of Russia» (Moscow, Ecology center «Sokolniki»);
- • April 9 – seminar «Examination of industrial property applications at the Federal Institute of Industrial Property» (Perm, Perm Chamber of Commerce);
- • April 17 – seminar «Grounds of patent search, types of free available databases» (Tver, State Budgetary Institution of Culture «Tver «Badge of Honor» Order regional universal scientific library n.a. A. M. Gorky»);
- • April 21 – International Conference «Intellectual potential of Russia» in the framework of the municipal festival «Intellectual Property Days» (Saint-Petersburg, Institute of international business and law of the Saint-Petersburg national research university of information technologies, mechanics and optics);
- • April 22 – Youth Scientific and Practical Conference «Regional programs and projects in the field of intellectual property through the eyes of young people» (Moscow, Council of Federation of the Federal Assembly of the Russian Federation);
- • April 22–23 – the II Forum «Innovation potential of Russia» organized by Rospatent and FIPS in cooperation with WIPO (Moscow, Rospatent);
- • April 23 – Round table «Electronic communications between applicants and FIPS» in the framework of the municipal festival «Intellectual Property Days» (Saint-Petersburg, Institute of international business and law of the Saint-Petersburg national research university of information technologies, mechanics and optics);
- • April 23 – thematic section «Computer programs and protection of rights thereof in innovative world» in the framework of the VI International Forum «Intellectual Property – XXI Century» (Moscow, Chamber of Commerce a and Industry of the Russian Federation);
- • April 24 – International Conference «Industrial Designs: Past, Present and Future», devoted to the 150th anniversary of the first Russian design law organized by Rospatent in cooperation with WIPO and the Office for Harmonization in the Internal Market (OHIM) (Moscow, Rospatent);
- • April 24 – Round table «Legal protection of computer programs and databases» in the framework of the municipal festival «Intellectual Property Days» (Saint-Petersburg, Institute of international business and law of the Saint-Petersburg national research university of information technologies, mechanics and optics);
- • April 29 – Training seminar «Patent and information resources for innovative development of the region» (Belgorod, State Budgetary Institution of Culture «Belgorod State Universal Scientific Library»);
- • May 21–22 – the XII Volga scientific and practical conference «Actual issues of intellectual property protection» (Nizhny Novgorod, State Budgetary Educational Institution of Further Vocational Education «Nizhny Novgorod Science and Technology Center»);
- • May 28 – webinar in the framework of the Interuniversity Scientific and Practical Conference «Innova-2014» (Yuzhno-Sakhalinsk – Moscow, Federal State Budgetary Educational Institution of Higher Vocational Education «Sakhalin state university» – FIPS);
- • May 28–29 – regional scientific and practical conference for specialists of the Central Federal District of the Russian Federation «Actual issues of legal protection and use of the results of intellectual activity and means of individualization» (Belgorod, State Budgetary Institution of Culture «Belgorod State Universal Scientific Library»);
- • June 3–4 – International scientific and practical seminar «Intellectual Property in the context of Innovation development» (Yakutsk, Federal State Autonomous Educational Institution of Higher Vocational Education «North Western federal university n.a. M. K. Ammosov»);
- • June 18–19 – regional scientific and practical seminar in the framework of the international project on establishment of a network of Technology and Innovation Support Centers in the Russian Federation (Tyumen, Tyumen regional Council of the All-Russian Society of Inventors and Innovators);
- • June 24–25 – seminar «Promotion on the better use of the Madrid System for the International Registration of Marks and the Hague system for the international registration of industrial designs» organized by WIPO in cooperation with Rospatent and FIPS (Tver, State Budgetary Institution of Culture «Tver «Badge of Honor» Order regional universal scientific library n.a. A. M. Gorky»);
- • June 25–27 – Scientific and Practical Conference «Saint-Petersburg Collegiate Reading – 2014» (Saint-Petersburg, Regional Public Organization «Saint-Petersburg patent bar»);
- • 26 – June 28 – conference devoted to the 40th anniversary of the Federal State Unitary Enterprise «State Scientific Research Institute of Pure Biologics» of the Federal Medical and Biological Agency of Russia (Saint-Petersburg, Federal State Unitary Enterprise «State Scientific Research Institute of Pure Biologics» of the Federal Medical and Biological Agency of Russia);
- • July 3–5 – the XVIII International Congress «Phytopharm 2014» (Staint-Petersburg, Saint-Petersburg State Chemical and Pharmaceutical Academy);
- • September 5 – trilateral international seminar «Administrative Resolution of Intellectual Property Disputes» organized by Rospatent in cooperation with the State Intellectual Property Office of the PRC (SIPO) and the Intellectual Property Office of Mongolia (Moscow, Rospatent);
- • September 17–18 – meeting with the heads of Scientific and Production Association «Selta», discussion of issues related to the establishment of Technology and Innovation Support Centers in the Republic of Crimea; working level meeting with the heads of the Russian Academy of science and scientific institutes of the Republic of Crimea and Sevastopol (Simferopol);
- • September 24–25 – regional scientific and practical conference for specialists of the Far-Eastern Federal District of the Russian Federation «Actual issues of legal protection and utilization of the results of intellectual activity and means of individualization» (Khabarovsk, Autonomous Nonprofit Organization «Far Eastern agency of assistance to innovations»);
- • September 24–25 – the III Congress of Technology and Innovation Support Centers of the Russian Federation organized by WIPO in cooperation with Rospatent, FIPS and Saint-Petersburg national research university of information technologies, mechanics and optics (Saint-Petersburg, Saint-Petersburg national research university of information technologies, mechanics and optics);
- • September 25 – scientific and practical conference «Issues of legal protection and effective use of the intellectual property objects in the innovation activity of enterprises» (Kaluga, Kaluga Scientific and Technical Information Center – branch office of the Federal State Budgetary Institution «Russian Energy Agency» of the Ministry of Energy of the Russian Federation);
- • October 1 – seminar «Economic introduction of intellectual property objects at Novosibirsk enterprises» in the framework of International industrial exhibition «Siberia infrastructure development / IDES 2014» (Novosibirsk, State public scientific technical library of the Siberian branch of the Russian Academy of Science);
- • October 1–2 – «Skolkovo Patent school» organized by Skolkovo IP Center and Skolkovo Open University in cooperation with WIPO and Rospatent (Moscow);
- • October 8–9 – the XVIII scientific and practical conference of Rospatent «Part IV of the Civil Code of the Russian Federation: novations on the IP issues» (Moscow, Rospatent);
- • October 22 – round table «Trademarks of the Soviet union: balance of interests between rightholders and actual users» in the framework of the International scientific and practical conference – the IX Annual scientific reading in memory of S. N. Bratus «State and business in the legal coordinate system» (Moscow, Federal State National Research University «Institute of legislation and comparative law under the Government of the Russian federation»);
- • October 28–29 – seminar «Promotion on the better use of the Madrid System for the International Registration of Marks and the Hague system for the international registration of industrial designs» organized by WIPO in cooperation with Rospatent and FIPS (Barnaul, Regional State Budgetary Institution «Altai regional universal scientific library n.a. V. Y. Shishkov»);
- • November 11–12 – regional scientific and practical conference for specialists of the Southern Federal District of the Russian Federation «Actual issues of legal protection and use of the results of intellectual activity and means of individualization» (Krasnodar, Federal State Budgetary Educational Institution of Higher Vocational Education «Kuban State Technological University»);
- • November 19 – Session of the Saint-Petersburg branch office of the Russian Academy of Science «Intellectual Property and Innovations» (Saint-Petersburg, House of Scientists of the Russian Academy of Science n.a. A. M. Gorky);
- • November 20 – scientific and practical conference «Actual issues of legal protection and use of the results of intellectual activity» (Tula, State Institute of Culture «Tula regional universal scientific library»);
- • November 26–27 – scientific and practical seminar «Features of legal protection of appellations of the origin» (Belgorod, State Budgetary Institution of Culture «Belgorod State Universal Scientific Library»);
- • December 17 – webinar «Features of legal protection and enforcement of Universities IP» (Tomsk-Moscow, Institute of electronic education of the Federal State Budgetary Educational Institution of Higher Vocational Education «Tomsk national research polytechnic university» – FIPS).
1.11. Statistics on requests of citizens and legal entities considered by Rospatent and its subordinate organizations
Consideration of citizens requests at Rospatent was carried out in accordance with the Federal law of May 2, 2006 № 59-FZ «On the procedure of consideration of requests of citizens of the Russian Federation» and consideration of complaints against procedures of rendering state services – in compliance with provisions of Article 11.2 of the Federal Law of July 27, 2010 № 210-FZ «On organization of provision of state and municipal services» (hereinafter – Federal Law № 210-FZ).
In 2014, Rospatent and FIPS considered 1744 requests, therefrom 1531 were received from citizens and 213 from legal entities, including 931 requests received by e-mail and via the official web-site of Rospatent. Citizens requests are prevail as usual and amount to about 80 %. 24 citizens attended a personal reception at Rospatent.
As compared to 2013 the total number of requests remained unchanged.
The central administrative office of Rospatent received 1233 requests (including 870 requests addressed directly to Rospatent, while the rest were forwarded for consideration to the state and executive authorities and the Civic Chamber of the Russian Federation) and 511 requests were addressed directly to FIPS.
Table 1.11.1 presents the data on the breakdown of the received requests by the addresses and the geography of submitted requests.
Table 1.11.1
Data on breakdown of requests received by Rospatent and its subordinate organizations by addresses and geography of submitted requests
|
Requests addressed to: |
Number of Requests |
|
Rospatent |
870 |
|
Other State Authorities |
361 |
|
Civic Chamber of the Russian Federation |
2 |
|
Subordinate Organizations of Rospatent |
511 |
|
Requests received from: |
Number of Requests |
|
Russian Federation |
1683 |
|
CIS Countries |
51 |
|
Foreign Countries |
10 |
Most of the requests come from Central, Volga, North Western and Southern districts. Requests from the above mentioned districts amount to a sum of about 86 % of the total number of requests received from the Russian Federation.
Table 1.11.2 shows the breakdown of requests of citizens of the Russian Federation by federal districts.
Table 1.11.2
Breakdown of requests received by Rospatent and its subordinate organizations
from the Russian Federation by federal fistricts
|
Federal district |
Number of Requests Received from Federal District |
|
Central |
1044 |
|
Volga |
176 |
|
North Western |
129 |
|
Southern |
97 |
|
Siberian |
92 |
|
Ural |
67 |
|
Far Eastern |
32 |
|
North Caucasian |
19 |
|
Crimean |
27 |
Table 1.11.3 contains data on the breakdown of requests received by Rospatent and its subordinate organizations in 2010–2014 by the requests subject matter.
Table 1.11.3
Data on breakdown of requests received by Rospatent and its subordinate organizations
in 2010–2014 by groups of requests
|
Group of requests by the subject matter |
Number of Requests |
||||
|
2010 |
2011 |
2012 |
2013 |
2014 |
|
|
Examination of applications (pendency time, procedure, examination results, workflow) |
779 |
564 |
539 |
607 |
492 |
|
Assistance to Inventors |
341 |
295 |
292 |
397 |
311 |
|
Title of protection (registration, extension and renewal, amendments etc.) |
131 |
116 |
98 |
169 |
244 |
|
Legal Issues |
276 |
151 |
163 |
147 |
229 |
|
Payment of Patent Fees |
77 |
78 |
97 |
158 |
207 |
|
Provision of patent information services |
180 |
57 |
43 |
80 |
81 |
|
Contracts (registration, disputes between parties) |
81 |
38 |
36 |
57 |
95 |
|
Publication (date of issuance, mistakes) |
22 |
15 |
17 |
35 |
41 |
|
Registration of Discoveries |
16 |
13 |
24 |
22 |
12 |
|
Training, advanced training, interaction with patent attorneys, international cooperation issues |
40 |
6 |
7 |
1 |
3 |
|
Issues related to personnel and the work of patent attorneys |
11 |
5 |
11 |
29 |
8 |
|
Other issues (usually which do not fall into the competence of Rospatent and its subordinate organizations) |
26 |
32 |
32 |
52 |
21 |
|
Total: |
1980 |
1370 |
1359 |
1754 |
1744 |
Most of the requests (66.5 %) were related to the activity of Rospatent on the procedures for the provision of state services.
As compared to 2013 there is an increase in the total number of requests related to legal issues, payment of patent fees, registration, extension and renewal of titles of protection, amendments to the titles of protection, contracts registration. In the view of admission to the Russian Federation of the Republic of Crimea and formation of two new constituent entities – the Republic of Crimea and the city of federal importance Sevastopol – in 2014 requests related to the settlement of relations in the field of intellectual property in the above mentioned constituent entities of the Russian Federation were received among the other legal issues.
The most considerable part of the requests received during the reporting period (33.5 %) was not directly related to the provision of state services. Such requests raised issues related to assistance in drafting and filing of applications; introduction of patent law objects and innovation proposals; financial and other assistance to inventors while patenting and realization of innovations; consideration of discoveries; infringement and restoration of rights and others.
From the total amount of the considered requests 84.1 % are applications, 13.2 % are complaints and 2.7 % are proposals.
Within the established period a response with detailed explanations on all contained issues was sent to every applicant for every request.
Received complaints were considered in compliance with provisions of Article 11.2 of the Federal Law № 210-FZ.
Relevant measures were carried out with regard to considered complaints that were recognized reasonable in order to rectify discovered infringements as well as to prevent issues resulting in such complaints in future.
In the reported period the share of reasonable complaints related to violation of the procedure of rendering state services per one thousand applications for all intellectual property objects (more than 138 thousand applications were filed) amounted for 0.27. As compared to 2013 this index has slightly decreased. With regard to patent applications (more than 60 thousand applications were filed) the share of reasonable complaints per one thousand applications amounted for 0.28. With regard to applications for the state registration of means of individualization (more than 61 thousand applications were filed) this index amounted for 0.33.
In 2014, reasonable complaints related to applications for industrial designs, appellations of origin, registration of computer programs, databases, topography of integral circuits had not been received.
As compared to 2013 index of reasonable complaints related to the procedure of provision of state services with respect to the means of individualization remained at the same level and the same index with respect to the patent objects has decreased in 1,4 times.
Statistics on citizens requests appealing for consultations
Free consultations on general issues which do not require a comprehensive analysis of the legislation and regulations in the field of legal protection of intellectual property, as well as consultations on reference information are provided by the Consulting and Assistance Service of Rospatent and FIPS.
Consultations are provided orally in case of direct application to the Consulting and Assistance Service, including consultations by phone, as well as by e-mail and via the official web-site of Rospatent.
During the reported period the Consulting and Assistance Service received totally 61 158 requests with respect to which consultations and references were provided on 95 285 issues:
- • 42 954 requests on 51 144 issues were received by the information section of the Consulting and Assistance Service by phone;
- • 2040 requests on 4153 issues were received by Rospatent and FIPS by email and via the official website of Rospatent;
- • 16 164 requests on 39 988 issues were received by the section of oral consultations of the Consulting and Assistance Service.
As usual, the largest number of requests was related to drafting, filing and consideration of applications and operation of titles of protection, more than a half of the received requests were related to trademarks.
Following the entry into force of the Federal Law of March 12, 2014 № 35-FZ answers to the most frequently asked questions regarding inventions and utility models as well as trademarks were revised and presented updated on the websites of FIPS and Rospatent.
In general, as compared to 2013 in 2014 the total number of requests received by the Consulting and Assistance Service has increased slightly, while the number of requests received by the section of oral consultations has decreased, and the number of requests received electronically has increased approximately by 25 %.
Pursuant to the Federal Constitutional Law of March 21, 2014 № 6 – FKZ «On admission to the Russian Federation of the Republic of Crimea and formation of two new constituent entities – the Republic of Crimea and the city of federal importance Sevastopol» from the May 5, 2014 the «hotline Crimea» started to work.
Within the framework of the «hot line Crimea» rightholders and their representatives were provided with explanations on the recognition of exclusive rights for industrial property objects within the Russian Federation that were certified by the relevant titles of protection of Ukraine acting as to March 18, 2014.
Totally during the period of work the «hot line Crimea» from May 5, 2014, 377 requests were received, of which 43 requests were received by e-mail.