Trends in the Harmonization of Patent Legislation of Russia and the EAEU

The formation of a common economic space in the EAEU entails the need to improve the legal framework for interaction between the parties to civil turnover. The introduction of innovative technologies determines the relevance of harmonizing legislation on intellectual property. The EAEU members are making significant efforts in this direction, but face a number of difficulties caused by divergent approaches to the regulation of intellectual property and determining the best vector for the development of legislation.

It is necessary to abandon work on the approximation of legislation on specific, albeit significant, issues in favor of comprehensive harmonization. Effective protection of intellectual property is possible only if the norms governing the relevant area are supplemented by the consistency of terminology, procedural aspects, as well as administrative and criminal legislation. The experience of other states demonstrates the difficulties that arise in the unification of legislation in the field of patents. At the same time, the development of legislation in the field of intellectual property should be determined by real economic trends and take into account the economic needs of participants in economic turnover in the Eurasian space.

Harmonization of patent laws is becoming an increasingly urgent task for states integrated into economic unions, such as the Eurasian Economic Union (EAEU). Russia, being the largest economy of the Union, plays a leading role in the formation of a common legal framework in the field of intellectual property. Let us consider the main trends and directions of convergence of patent regulation in the Russian Federation and the EAEU.

Causes and objectives of harmonization

Harmonization of patent legislation is aimed at the formation of a single market for intellectual property; the removal of legal barriers to cross-border patent trafficking; simplification of procedures for patenting and commercialization of innovations; increasing the level of protection of the rights of patent owners, which is an important factor for investors, since clear and uniform rules of the game contribute to the creation of a trusting environment for doing business and stimulate the development of new technologies.

Thus, the unification of patent rules greatly simplifies access to the markets of the EAEU countries for domestic and foreign companies. This creates more favorable conditions for doing business, reduces the risks of legal disputes and helps to attract investment in innovative projects.

Within the framework of the EAEU, the following is carried out:

• Work on the creation of a single patent space, which reduces the time and cost of obtaining patents for inventions, utility models and industrial designs. It includes the introduction of electronic filing systems and the automation of examination processes.
• Standardization of patent requirements: harmonization of patent requirements allows for a higher level of intellectual property protection. In particular, general criteria for the analysis of novelty, inventive step and industrial applicability are discussed, which helps to avoid legal inconsistencies and disputes between member states.
• Joint research and development: the creation of joint research centers and initiatives promotes the exchange of knowledge and technology, which in turn stimulates innovation and improves the competitiveness of the EAEU countries.

All this becomes especially important in the context of the intensification of domestic trade, the development of high technologies and the growth of competition in the world market.

Main areas of convergence

• The Eurasian Patent System has been introduced, which makes it possible to obtain protection for an invention in several Member States at once through a single application. In recent years, the participating countries have sought to harmonize the requirements for applications, examination and grant of patents as much as possible.
• Work is underway to agree on common approaches to assessing the conditions of patentability "novelty", "inventive step" and "industrial applicability", analysis of the sufficiency of disclosure of the description of technical solutions. This helps to reduce the risk of refusals and legal disputes when considering applications in different countries.
• A general approach to liability for patent infringement, the procedure for pre-trial and judicial settlement of disputes, mechanisms for revocation of patents and their early termination is established.
• The possibility of reducing the time for record keeping is being considered. To date, the EAPO has an even longer record keeping. However, both Offices provide expedited processing services subject to an additional fee according to the tariff.
• The objects of patenting in the EAPO and Rospatent are the same. Objects interconnected by a single inventive design, which can be protected within the framework of one application for an invention and the requirements for their execution in order to maintain uniformity, are aimed at highlighting common distinctive technical features.
• If there is a priority application in the Russian Federation, EAPO examiners trust the results of the international patent information search conducted by Rospatent experts and use them when conducting their own search.

Recent developments and prospects

The most significant changes in recent times include:

• Signing and entry into force of the EAEU Design Patent Treaty, which allows you to simultaneously protect the design in the countries of the Union through one registration procedure.
• Development and implementation of information platforms and electronic services for filing applications and record keeping, which significantly speeds up and simplifies interstate registration processes.
• Active discussion of the creation of a single patent pool within the EAEU for technology transfer between participating enterprises.

The unification of judicial practice in cases of patent infringement and the standardization of procedures for challenging patents are promising areas of development.

Emerging challenges

The ongoing harmonization encounters a number of difficulties, including the difference in priorities and economic interests of countries, which makes it difficult to reach a compromise; differences in the level of development of national patent systems, as well as the difficulty of adapting national legislation to uniform standards without losing individual characteristics. Lack of awareness arising from the fact that many inventors and entrepreneurs are not fully aware of the possibilities and advantages of the Eurasian patent system.

Thus, in order to overcome the emerging problems, further harmonization of the patent legislation of the Russian Federation and the EAEU requires the active participation of experts, leading experts in the field of patent law, who must be involved in the lawmaking process. In addition, political support from all EAEU countries is needed to achieve progress and raise awareness among those interested in protecting intellectual property.

Harmonization of patent legislation between the Russian Federation and the EAEU countries is taking place in stages, with an emphasis on creating more convenient, transparent and effective mechanisms for the protection of intellectual property. This process contributes to the development of an innovative economy and the integration of the region into the global market, but still requires further coordination and improvement of the regulatory framework.

Promoting the harmonization of patent laws increases legal certainty, reduces business costs and stimulates innovation, which in the long term will have a positive impact on the competitiveness of both Russia and the entire Eurasian Economic Union.