Protection of the Intellectual Property in Russia

Comments (12)


Protection of the Intellectual Property in Russia

By: Sergey Talpa

A Governmental commission, headed personally by the Prime Minister has been created in Russia recently in order to counteract the infringements in the sphere of intellectual property. As he stated earlier, little is done for the protection of intellectual property rights in Russia and, therefore, both the rights owners and the state are actually robed. Are there any changes today in this area? What contribution has customs service made in order to protect business intellectual property rights? How can the consumers be sure that when buying medicines, products or clothes of known manufacturers they will get the goods that they expect?

It is certain that the problem has not been solved instantly. Today Russia suffers severe economic damage caused by the infringements of the author's and adjoining rights, misuses of inventions, trade marks, from uncollected tax revenues, and from the impossibility to increase national economic production of goods because of unfair competition.

Counterfeit aviation and automobile spare parts, fake combustive-lubricating materials, toys, medical equipment and pharmaceuticals, food are frequently dangerous to health and life of the population, and pose real threat to national safety of this country.

Starting Point

A legal base of interaction between customs bodies with other law-enforcement and control organs has been created in Russia; Rospatent, a State body which acts as federal enforcement authority in the field of intellectual property protection is now a part of the team.

Joint actions are carried out according to the guidelines of interdepartmental recommendations and measures, aimed at ensuring intellectual property protection, that have been developed and approved by the Ministry of Internal Affairs, by the State Customs Committee, and by Federal Tax Police Service and coordinated with the State Office of the Public Prosecutor of Russia.

Multiple changes and modifications to the legislation, regulating intellectual property protection have been adopted. They helped define customs and state regulations of the foreign trade activity, administrative infringements, and the criminal legislation.

Suspicion of Illegal Trafficking

The legitimate rights owner who has reasonable grounds to believe that his intellectual property rights could be infringed during customs clearance through the border of Russia can file a complaint with the State Customs Committee (SCC) of Russia and request the protection of his rights. The efficiency of this protection directly depends on the completeness of the information submitted by the legal owner who can assist customs bodies in counterfeit products identification. Such data can include information on the places of import and customs registration of legal production, information on exporters, importers of legal production, on distinctive signs of counterfeit goods, etc.

After consideration of application and, if required, after additional verification of the stated information, the documents issued by the State Customs Committee of Russia and the corresponding information are filed with the supervising customs bodies of Russia.

As practice shows, the infringements of the intellectual property rights are quite often accompanied by violations of customs rules. The examples of such are: import of a cargo, for example, claimed to be used for non-commercial purposes, falsified documentation and customs declarations, undeclared or falsely declared products, as well as other infringements for which administrative responsibility is stipulated by the law.

Enforcement Practice

On July, 1, 2002 the new Administrative Violations Code (AVC) of the Russian Federation came into effect which stipulates administrative responsibility for copyright infringement and illegal use of trade marks. The procedural part of the Code states that customs bodies have the right to file reports of the above-stated intellectual property rights infringements discovered during customs control.

The reports, filed by customs bodies serve as a legal ground for court judgments imposing administrative penalties and fines and/or confiscation of the imported goods that violate copyright or other intellectual property rights or trade marks.

The state bodies conducted the analysis of the trade mark protection enforcement practice. The conducted study resulted in the development of guidelines and recommendations for the customs bodies on revealing and punishing offences connected to illegal use of trade marks. Those guidelines define the actions and serve as the legal ground for customs bodies actions and are based on concrete examples.

Customs bodies of foreign states control from several thousand up to several tens of thousand of trade marks. The customs bodies of Russia, according to the information of legal rights owners, control about 450 trade marks which are filed with the intellectual property register of the State Customs Committee of Russia.

The next step is to develop methodical recommendations concerning the owner's legal and adjoining rights.

The analysis of court judgments shows that there is an urgent need to review the current judicial practice and submit it for consideration to the Supreme Arbitration Court of the Russian Federation.

It is necessary to note, that the first enforcement practice results have shown the necessity to update the administrative violations legislation. In particular, it is required to add to the Code the regulations on conducting investigations with the purpose of their qualitative pre-trial study and add legal permission to conduct the necessary examinations.

It would be expedient to increase the impeachment timeframe, as law breakers, in some cases, delay proceedings by every possible means, and go unpunished because of the impossibility to impeach them just two months after the date of the offence.

The "Greys" Consolidate

A tendency disturbing enough surfaced recently and is connected to "grey" importers joining efforts to counteract the measures adopted by the State Customs Committee of Russia and by customs bodies. The given counteraction is carried out as in the legal field (disputing in due order the requirements of normative legal acts, appealing the actions of customs bodies and their officials), as with the use of financial and administrative resources.

The New Code - The New Opportunities

Starting January, 1, 2004, when a shipment of products is suspected to be counterfeit, the customs bodies are given the right to detain the goods or delay the release of the goods containing objects of intellectual property for up to 20 days, and to inform the legal owner as well as a number of other rights.

The turn-over of the counterfeit goods will considerably decline in case of the intellectual property legislation control at all stages of the foreign economic transaction, starting with the signing of the contract and followed by customs registration.

About The Author

Copyright 2005 OpenRussia.ru


Russian business directory

Comments

Good Guy 09.10.2009. 18:17

What country has the lowest fees for putting a patent on a invention ? Due to the enormous fees I have decided it is not practical or or a possiblity for me to patent an invention in America companies are simply asking for to much .

If you have and knowledge of foreign Intellectual Right offices and copy right offices please send them to me /


Also will United Nations Intellectual Property Rights Office protect my idea if I register it with them .Give me any bits of info you may have .

Good Guy

Admin 09.10.2009. 18:17

The United Nations has no legal authority to protect anything. Individual countries have to decide if they want to protect your invention or not.

Getting a patent on your invention in Germany, for example, will give you protection in Germany, period. Japan, China, or the United States, etc. will not enforce a German patent. [ I also doubt if any other EU country will enforce the patent of another EU country (so France or England won't care if you have a German patent, either).] So if someone in Russia or China (or the U.S.) decided to infringe on your German patent, the most that you could hope for would be to stop him from importing his copycat device into Germany.

You have probably heard of a PCT (international) patent application, but all that you get from that is a technology search and a nonbinding opinion from a patent office in the country of your choice as to whether they think that your idea might be patentable.

If you file internationally with the European Patent Office, at the end of the process, you would need to designate which EU countries you would want a patent from (England, France, Germany, etc.) and would need to pay patent fees in each of these countries. Like I said earlier, an English patent, for example, will mean squat in the United States (or Japan, or China, etc.), as each country will only enforce its own laws, not the laws and patents of another country.

-------------------------------------------------------
Patenting an invention
RISK RATING Low to medium
START-UP REQUIREMENTS One new, useful, not-so-obvious idea, and a few thousand dollars
BEST FOR A creative individual
WORST FOR A guy who hates following instructions
MOST COMMON SCREWUP Hiring an invention developer


...Here's how to objectively evaluate your idea and negotiate the patenting process.

Do a quick patent search. Simply type in a description of your invention at google.com/patents. You'll be able to view actual applications back to 1836 (unlike the U. S. Patent and Trademark Office's database, which goes back to 1976). You can also view detailed claims and drawings. Don't be discouraged to find other patents similar to yours, Kroll says. Instead, study them carefully to determine what makes your idea different.

Record the invention properly. File a provisional patent application (uspto.gov/ web/forms/index.html).This entails carefully describing the product or process (as if you were telling a friend in an e-mail, says Kroll), supplying illustrative drawings, and paying a fee of $110 to $220. For a year after you file, you can call your invention "patent pending" and develop it further, without fear of infringement.

Evaluate its commercial potential. Now that your idea is legally protected, show it to potential customers or clients and gather objective opinions. David Pressman, a patent attorney for nearly 50 years, advises paying particular attention to any dangers noted in the design, because nothing kills a patent's commercial value faster. Money spent on market research and refinement is always money well spent.

Apply for a patent. Using a patent attorney can cost up to $20,000, but Kroll says you can reduce that fee to around $5,000 by following the advice above and formulating your own detailed description of the invention. "Do the sketches first and put numbers by every element," he says. "Then describe how each numbered element works, and you'll have the starting work done on a high-quality patent application, leaving your lawyer to focus on the tricky part--the claims." The fees start at $545, and if the application is approved, the patent-issue fee is $755. Be prepared to wait a year or two.

Market it to a suitable company. To profit from your invention, try to sell or license it to an appropriate company. Steer clear of any fee-based invention developers, say Kroll and Pressman. You can develop a marketing plan on your own. Start your research at inventorsdigest.com/resources.aspx.

===edit===

Note: This is not intended to be comprehensive legal advice, nor does this answer create in any way a client/attorney relationship. Only a qualified intellectual property attorney can give specific advice about your specific situation. This answer is intended for general purpose knowledge only, and no warranty, express or implied, is made as to its accuracy, or its fitness for a particular purpose.

Admin

jafco13 01.08.2006. 23:39

How important is protection from intellectual property in a global market? Who/What are the most popular violators?

jafco13

Admin 01.08.2006. 23:39

Intellectual property is important so that inventors can invent products without someone copying it and selling it (infringement).
Without intellectual property laws in the global market, nobody will try to invent something original and there will be no new innovations.

China, Russia, and many third world countries have violators and the governments do not take steps to stop them. This costs companies trillions in profits, and reduces the marketing appeal of these countries as consumer markets for high quality goods.

Admin

Jack 12.05.2013. 14:26

Why do multinational companies locate in LEDC?s? Array

Jack

Admin 12.05.2013. 14:26

Very few do - most LEDC (eg India, China) are 'anti' foreign ownership and many (eg India, China) have legal systems that offer little or no protection against corruption of any sort (and especially not against the corruption of the local or government officials - take China, & Russia as examples).

In the main, multinationals base themselves in countries with proper legal systems (that protect physical and intellectual property rights), a working 'infrastructure' (especially electrical power, transport and Telecoms systems) and especially those offering a favourable Tax environment (eg Ireland) whilst (of course) offering a decent quality of life for its executives (who make the decisions on where to base HQ) and other employees.

Also, multinationals often want to be based 'near' to their main markets - and whilst a LEDC may offer more opportunity by definition they will never by the multinationals main customers ..

Of course, in some cases (eg mining) the multinational has no choice but to be based 'on top' of it's main resource (diamonds, most precious metals etc) simply so they can retain control ..


If you can give some specific examples of a multinationals based in a (named) LEDC, I would be happy to speculate as to the reason why ...

Admin

Ichigo 01.03.2010. 12:27

AP World History questions - 10 pts? Question 1 (Multiple Choice Worth 1 points)

People who sought to maintain traditional societal customs were known as

socialists.

nationalists.

liberals.

conservatives.



--------------------------------------------------------------------------------



Question 2 (Multiple Choice Worth 1 points)

Japan's nationalism was fostered by

Industrialization & Modernization.

Isolationism & Feudalism.

Socialism & Isolationism.

Convalescence & Crisis.



--------------------------------------------------------------------------------



Question 3 (Multiple Choice Worth 1 points)

British abolitionists and liberated American slaves founded a settlement named Freetown in

Sierra Leona.

Ethiopia.

Libya.

Tripoli.



--------------------------------------------------------------------------------



Question 4 (Multiple Choice Worth 1 points)

The chief intellectual cause of the French and American Revolutions was the

Enlightenment.

economic ideas of mercantilism.

Renaissance.

1688 Glorious Revolution in England.



--------------------------------------------------------------------------------



Question 5 (Multiple Choice Worth 1 points)

His speech, "Blood and Iron" inspired German Industrialization and Militarism, and competition with other European Nations.

Hitler

Bismarck

Kaiser Wilhelm

Charlemagne



--------------------------------------------------------------------------------



Question 6 (Multiple Choice Worth 1 points)

Realpolitik is the concept that

negotiation is preferable over war.

Germany should be unified into a sovereign nation.

all German-speaking peoples should be consolidated in one nation.

the ends justify the means.



--------------------------------------------------------------------------------



Question 7 (Multiple Choice Worth 1 points)

In the eighteenth century, the Philippines were controlled by

China.

France.

Spain.

Portugal.



--------------------------------------------------------------------------------



Question 8 (Multiple Choice Worth 1 points)

Who wrote "The Communist Manifesto"?

Marx and Engels

Owen and Marx

Engels and Owen

Marx and Fourier



--------------------------------------------------------------------------------



Question 9 (Multiple Choice Worth 1 points)

Nineteenth Century ruling elites in Russia embraced which philosophy and ideas?

autocratic government, Orthodox religion, and extreme nationalism

liberalism, including the emancipation of serfs and British-style democracy

socialism, with land reform for peasants and protections for workers

Bolshevism, or a worker-led revolution and abolition of private property



--------------------------------------------------------------------------------



Question 10 (Multiple Choice Worth 1 points)

This country's revolution lasted for almost 25 years in the Fever Model.

America

Mexico

Haiti

France



--------------------------------------------------------------------------------



Question 11 (Multiple Choice Worth 1 points)

The Reform Act of 1867

allowed working class men to vote.

established female suffrage.

reduced the work week to five days.

abolished slavery.



--------------------------------------------------------------------------------



Question 12 (Multiple Choice Worth 1 points)

Who transformed Egypt's economy and built a powerful military, starting a dynasty that lasted until the 1950s?

Mahmud III

Sadat

Muhammad Ali

Ibrahim Pasha



--------------------------------------------------------------------------------



Question 13 (Multiple Choice Worth 1 points)

Revocation of the Edict of Nantes and the religious intolerance in France violated the principles of

Locke's Social Contract.

Socialism.

Mercantilism.

More's Utopia.



--------------------------------------------------------------------------------



Question 14 (Multiple Choice Worth 1 points)

What percentage of southern males owned at least one slave?

25%

35%

50%

75%



--------------------------------------------------------------------------------



Question 15 (Multiple Choice Worth 1 points)

Which Asian country most closely emulated Western customs and adopted Western practices?

Japan

China

Korea

Vietnam



--------------------------------------------------------------------------------



Question 16 (Multiple Choice Worth 1 points)

Devotion to the creation of a unified independent state based on a common culture and language is known as

socialism.

liberalism.

conservatism.

nationalism.



---------------------------------

Ichigo

Admin 01.03.2010. 12:27

1. nationalists
2.
3. Sierra Leona
4.enlightenment
5.Bismark
6.
7. Spain
8.Marx and Engels
9.
10.Haiti (I am guessing on this one.)
11. Allowed working-class men to vote
12. Muhammad Ali
13.Locke's social contract
14.25%
15.Japan
16.nationalism

Admin

chrissy b 15.05.2007. 20:26

Info on Copyright? I have some written work I want to protect especially the names I have invented. What do I do? I live in the UK. Is copyright binding the world over or does it differ in different countries?

chrissy b

Admin 15.05.2007. 20:26

From the UK IPO:
"There is no official registration system for copyright in the United Kingdom (UK) and most other parts of the world. There are no forms to fill in and no fees to pay to get copyright protection.

So long as you have created a work that qualifies for copyright protection, that is it falls into one of the categories of material protected by copyright, you will have copyright protection without having to do anything to establish this. It is a requirement of various international conventions on copyright that copyright should be automatic with no need to register.

To help protect your copyright work, it is advisable to mark it with the symbol, the name of the copyright owner and the year of publication. Although this is not essential, it will let others know when the term of protection started and hence whether it is still covered by copyright, and indicate who to approach should they need to ask permission to use the work."

"Enforcing copyright abroad
Most countries of the world are members of one or more international agreements. This means automatic protection in all member countries for works created in the United Kingdom.

The most notable agreement is the Berne Convention, which the World Intellectual Property Organisation (WIPO) administers; others include the Universal Copyright Convention (UCC).

Copyright material created by United Kingdom nationals or residents is protected automatically in each member country of the convention by the national law of that country.

All the Western European countries, the United States American and Russia offer automatic protection. For a full list please see the WIPO or UNESCO websites.

In order to benefit from the UCC it is essential to mark your copyright work with the symbol, followed by the name of the copyright owner and year of publication. This is not essential under United Kingdom law but it is still advisable to mark your work in this way and take the other precautions suggested regarding copyright in the United Kingdom."

WIPO has 184 Member countries.

UCC has over 60 member countries.

Admin

_ 27.11.2010. 23:15

US-Belarus relations? What is the US-Belarus relations?

Are they allies and what is their government and country like?

_

Admin 27.11.2010. 23:15

Allies? Outside of North Korea, Sudan and Cuba there are few countries further away from alliance with the US than Belarus...

Wikipedia quote:
"Bilateral relations with the United States are strained because the U.S. Department of State supports various anti-Lukashenko NGOs and because the Belarusian government has made it harder for US-based organizations to operate within the country.[80] The 2004 US Belarus Democracy Act continued this trend, authorizing funding for what the US considers to be pro-democracy Belarusian NGOs and forbidding loans to the Belarusian government except for humanitarian purposes.[81] Despite this, the two nations cooperate on intellectual property protection, prevention of human trafficking and technology crime, and disaster relief.[82]"

Their government is basically a post-communist dictatorship. Bread, milk and vodka are subsidised, the economy is rigidly planned and any dissent is ruthlessly suppressed. Lenin and Marx are no longer worshipped, but no revolution or even peaceful change really happened. The same bureaucracy is in place as in Soviet times. The KGB is still even called the KGB (in Russia they at least changed its name to FSB), and functions as it used to. The only major difference is that Belarus is far from a superpower, indeed it can only maintain its current status with active support from Russia. Belarus' president, Aleksander Lukashenko is a former collective farm manager who rose to power in 1994 and has held on since by rigging elections (in the 2008 parliamentary elections his party gained 100% of seats...). He is known for being something of a clown, and outside of Belarus few take him seriously.

I travelled to Belarus in the winter of 2002, as a trainer from the Dutch national students union for a project on students' self-governance in partnership with the Belarusian Students Association (BSA). As a foreigner, you are watched by the authorities, but are safe. Many of our BSA colleagues were less lucky. During our project the BSA was banned, for conspiracy and sedition. The offices were broken into and destroyed by masked men in uniforms without insignia. The papers they stole were later used by the KGB when prosecuting some members. After I left, the building where the next group of trainers were working was also raided by the KGB, this time openly. Some BSA members were beaten up, many were expelled from their universities and in some cases forced to work on farms in the southeast of the country, in the area contaminated by radioactive fallout from the Chernobyl accident. There isn't much online about the BSA - their websites were taken down by the Belarusian government, all I could find was one press statement about repression in google cache from a Polish site.

But if you are a simple worker who cares more about your daily bread and vodka, the KGB leaves you alone and life is a dull continuation of the soviet days. You will never get rich, or travel to the West, but you don't starve and have state-guaranteed housing and pensions. That contrasts sharply with the social meltdown in Russia in the 90's, and explains why a corrupt clown can still be in power 15 years on.

Admin

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