Problems relating to Trade and Investment on Russia
17. Implementation of intellectual property rights ("IPRs") |
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Issue |
Issue details |
Requests |
Reference |
| (1) Nebulous PCLS | - The goods subject to private data copying remuneration (PDCR) are inadequate in light of the thrust of the applicable laws and regulations. Private data copying remuneration system (PDCRS) is discriminatory as its contents and implementations differ between domestic and foreign enterprises. Goods subject to PDCR are not compatible with the international flow. Unjustifiable threat prevails not based in laws. |
- It is requested that GOR repeals or reviews the questionable system. | - Russian Federal Regulation No.829 of 2010.10.14 on the Amount And Subject Goods Concerning Personal Copying Levy (4 in total) |
| (2) Exclusion from Patent Protection on Data Programme | - The Russian patent system does not provide patent protection on data programme per se as invention. It is not possible to protect patent holders from the counterfeiting programmes over the internet without recordable media. | - It is requested that GOR makes data programme per se protected. | - Russian Civil Code Part IV Article 1350(5) |
| (3) Simultaneous Patent Issue from filing Application for the Same Patent via Russian and Eurasian Routes | - The existence of the same patent in Russian and Eurasian routes means by transfer, two transferees own the same patent. This fundamentally denies the exclusivity of the patent right. | - It is requested that GOR promulgates provisions that expels patent duplications. | - Russian Civil Code Part IV Article 1397 |
| (4) Possible Inflow of Patent Infringing Products due to the Customs Union | - By virtue of the customs union among Russia, Kazakhstan, and Belarus, goods move freely among the three states. Where patent is issued in Russia (but not in Kazakhstan, and Belarus), there could be cases that Russian customs are unable to suspend entry of patent infringing products imported into Russia via Belarus or Kazakhstan. Costly acquisition of patent right in all three states or in Eurasia could be a preventive measure. Moreover, in the latter case, it is questionable if the patent right is adequately executable in Belarus and/or Kazakhstan. | - It is requested that GOR: -- ensures that the patent issued in Russia is valid in Belarus and Kazakhstan, or -- enables custom injunction of infringing products before entering Belarus or Kazakhstan. |
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| (5) Assumption of Costs incurred by Disposal of the Counterfeit Products | - A firm grappling with extinction of counterfeits and copy goods faces a heavy burden for the cost of storage, transport and destruction of the confiscated goods. | - It is requested that GOR: -- tightens implementing legislation of IPRs, -- tightens clampdown on infringing products at customs, -- introduces and streamlines import injunction measures of counterfeits, and -- alleviates financial burden upon authorized importers relative to confiscated goods. |
- The Anti-Counterfeiting Trade Agreement (ACTA), October 2010 |
| (6) Inadequate Examination Scheme under Utility Model Patents | - Utility model patents get registered without requiring substantial technical examination. Utility model patents could be issued for the invention with paucity or a low degree of novelty. | - It is requested that GOR either repeals the no examination principle or introduces technical examination scheme (while the law amendment is reportedly under progress). | - Russian Civil Code Part IV Article 1390(1), (2) |
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