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The Russian Federation Completed Ratification of the EAPC Industrial Designs Protocol

 

On 11 January 2021, during his visit to Geneva, Switzerland, Head of Rospatent Mr. Grigory Ivliev deposited the instrument of ratification of the Russian Federation to the Protocol to the Eurasian Patent Convention (EAPC) of 9 September 1994, on the Protection of Industrial Designs, for which the World Intellectual Property Organization (WIPO) Director General Mr. Daren Tang is the depositary. This event marked an accomplishment of procedures required for the Protocol to enter into force for the Russian Federation. President of the Eurasian Patent Office (EAPO) Ms. Saule Tlevlessova attended the ceremony as well.

The Protocol on the Protection of Industrial Designs was adopted at the diplomatic conference in Nur Sultan on 9 September 2019 and signed by Azerbaijan, Kyrgyzstan, Armenia, Kazakhstan, Russia, and Tajikistan.

Under the established procedure, the Protocol will enter into force for the first three ratifying States (Kyrgyzstan, Azerbaijan, and Armenia) on 17 March 2021, three months after Armenia deposited these ratification instruments with WIPO. For Russia, the Protocol will enter into force on 11 April 2021.

Industrial designs are one of the fastest-growing intellectual property rights. The visual appearance of the goods largely determines their commercial success, thus, large, small, and medium-sized enterprises need the protection of their industrial designs.

The Protocol aims at establishing a regional system for the protection of industrial designs. Filing individual applications to several countries creates a number of complications for the applicants: differences in national regulations require a case-by-case approach to each application, translation of the application into national languages is often needed, and several sets of fees should be paid.

The Eurasian industrial design system will extend the coverage of the Eurasian patent system and will save time and reduce financial and administrative costs for the applicants. Instead of submitting several national applications, an applicant will be able to submit one application in Russian and pay a single set of fees. Protection will cover the territories of several Contracting States to the Protocol.

After the Protocol enters into force, the EAPO Administrative Council will hold an extraordinary meeting to approve the addendums to Part II (Industrial Designs) of the Patent Instructions to EAPC and the Regulation on Fees. The meeting is tentatively scheduled for the first quarter of 2021. The exact date when the applicants could file their application under the Eurasian industrial designs system will be determined upon the results of the meeting.

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