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The review of the legislative initiatives in the field of the defense of intellectual property

17 Feb 2020 (updated at 10 Jan 2024)
Head of Trademark Department / Trademark Attorney Reg. № 1258 / Patent Attorney of the Russian Federation / Eurasian Patent Attorney Reg. № 63

For the legal norms to operate fully and effectively, they must be updated regularly. This state of affairs is due to the fact that all areas of the human activity are in constant motion and development, and, consequently, the mechanisms that regulate them must be modified in accordance with the emerging needs of the society.

It is worth noting that over the past decades, the importance and recognition of intellectual property have increased. In Russia, the use of the results of the human creative labour is promoted actively, in this regard, the lawyers in the field of intellectual property note a steady increase in the applicants’ activity. Due to the above reasons, the legislation in this field is becoming especially relevant. Due to the application of the norms, the imperfections of the legal acts that require improvement and addition are found.

If to consider the changes introduced in the legislation, while analyzing the nature of these provisions, it is possible to highlight the following:

  • The additions that are aimed at eliminating the legal gaps.
  • The changes and additions that are aimed at reducing the legal collisions.
  • The provisions that are updating and improving the existing norms.
  • The new norms that are introduced due to the emergence of the legal institutions or peculiarities in a particular kind of the public relations.

It should be noted that regardless of the kind of the changes introduced, eventually, all of them are aimed at improving the legislation and enabling the citizens to apply them.

The initiatives in the field of intellectual property

Summing up the results of 2019, the representatives of Rospatent highlighted the necessary innovations and changes in the field of the protection and defense of intellectual property.[1] Some of them were discussed at the meetings of the state bodies and were reflected in the legislative acts that entered into force. These can include:

  • The introduction of a new means of individualization – a geographical indication. The inclusion of this subject matter in the Civil Code of the Russian Federation is aimed at promoting and popularizing the regional brands, as well as at increasing the volume of the applications for the means of individualization connected with the territory, where the product is manufactured. The above subject matter has a lot in common with the currently used names of the place of origin of the products, for example, it is also connected with the place of origin of the products, which determines the particular qualities or properties of the product. The above means of individualization also have the differences: for example, it is planned to provide more loyal conditions for granting the legal protection to the geographical indications. The adopted amendments, with the exception of some certain provisions, will enter into force on July 27, 2020.
  • Granting the temporary protection to an industrial design. The amendments to the Civil Code of the Russian Federation were made on December 27, 2018 and in 2019, the applicants got an opportunity to use fully the benefits received. The new version of the norms allows granting the additional defense of the rights to the representatives of the professions in such rapidly changing and poorly defended industries as design and model art. It is known that the volume of the counterfeit and faked products in the above industries can compete only with the number of the fakes of audio and audiovisual works. In accordance with the amendments introduced in Part Four of the Civil Code of the Russian Federation, the norms now afford granting the industrial design claimed for the registration the temporary legal protection, which is valid from the date of the publication of the information about the application to the date of the publication of the information about the grant of the patent. In the case, if the industrial design has been used by another person during this period, the patent holder is entitled to receive the monetary remuneration after obtaining the patent.

A number of the initiatives are currently under the consideration in the State Duma:

  • The introduction of the electronic protection documents and the registration system optimization. It is difficult to deny the convenience and universality of the electronic document flow. Among the objective positive consequences, the following can be highlighted: reducing the periods for processing the applications, simplifying the procedure for filing, reducing the amount of the state fee, as well as an opportunity to file the application in the mode of the operation of the Rospatent Internet portal 24/7. Within the framework of the implementation of the national program “Digital Economy,” the changes and additions to the legislation are proposed, as a result of which the applicants and right holders will have an opportunity to register the programs for electronic computing machines online and to transfer the rights to the subject matters of intellectual property. It is also planned to start granting the electronic patents and certificates, which can be downloaded, if desired, in the personal account at the Rospatent website. At the same time, the opportunity to obtain the traditional protection document on paper will remain.
  • The use of 3D models, when filing the application. On February 5, 2020, a meeting of the State Duma Committee on the state construction and legislation was held, which reviewed the draft law proposing to grant the applicants an opportunity to attach the 3D models of the subject matters (trademarks, industrial designs, inventions, utility models) to the application materials in an electronic form.[2] This innovation is aimed at improving and simplifying the examination procedure due to the high degree of visualization of the subject matter being claimed for the registration.
  • The involvement of scientific organizations in a patent search. In order to reduce the period of the consideration of the application for the registration of intellectual property, the proposals were made to change the legal norms that stipulate an opportunity for carrying out a preliminary information search and an assessment of patentability. This procedure will be carried out by the competent scientific organizations accredited in Rospatent. The applicants, who have carried out such search, will be granted tax benefits, and the examination period will be reduced. In addition, in may 2020, it is planned to put into operation a new search service enabling to connect other government institutions and private companies.

Head of Trademark Department / Trademark Attorney Reg. № 1258 / Patent Attorney of the Russian Federation / Eurasian Patent Attorney Reg. № 63