RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/RUS/41
26 October 2000
(00-4479)
Working Party on the
Accession of the Russian FederationOriginal:  English
ACCESSION OF THE RUSSIAN FEDERATION
Implementation of the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The Permanent Mission of the Russian Federation has submitted the following information on
Implementation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS), with the request that it be circulated to members of the Working Party.
_______________WT/ACC/RUS/41
Page 2IMPLEMENTATION OF THE WTO AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)
No. Requirements of the TRIPS Agreement Referen ce to legislation of the Russian Federation
GENERAL PROVISIONS AND BASIC PRINCIPLES
1. Compliance with Articles 1 through 12 and Article 19 of the Paris Convention for
the Protection of Industrial Property in respect of Parts II, III, and IV of the
TRIPS Agreement. TRIPS Article 2.The Russian Federation is a party to the Paris Convention since 1.07.65 (to the
Stockholm Act since 19.09.68). Under Article 15(4) of the Constitution of the RussianFederation, where an international treaty to which the Russian Federation is a partycontains provisions different from those specified in the law, the provisions of the
international treaty shall apply. As regards the exclusive rights in the achievements of
intellectual activities, international treaties of the Russian Federation shall be, under
Article 7(2) of the Civil Code of the Russian Federation (hereinafter referred to as“CC”), integral part of its legal system and apply directly, except for the cases wheretheir application requires promulgation of an intrastate act. The mentioned articles ofthe Paris Convention have been embodied in a number of legislative acts of the Russian
Federation.
2. Under Paris, Article 1(2), industrial property has as its object patents, utility
models, industrial designs, trademarks, service marks, trade names, indications ofsource or appellations of origin, and the repression of unfair competition.In accordance with the Patent Law of the Russian Federation (hereinafter referred to as
“PL”),  inventions, industrial designs, utility models shall be subject to protection(Article 1 of the PL).In  accordance with the Federal Law “On Trademarks, Service Marks, andAppellations of Origin” (hereinafter referred to as “TML”), trademarks, service marks,and appellations of origin shall be granted legal protection (preamble of the TML).
Protection of trade names is effected according to Articles 54 and 138 of the CC.
Suppression of unfair competition is carried out according to the Federal Law “Oncompetition and restriction of monopoly activity on commodity markets” (hereinafterreferred to as “Law on Competition”).
3. In Paris.  Article 1(3), industrial property applies not only to industry and
commerce proper, but to agricultural and extractive industries and to allmanufactured or natural products, e.g., wines, grain, tobacco leaf, fruit, cattle,
minerals, mineral waters, beer, flowers, and flour.The Russian legislation on the industrial property protection in force does not contain
any limitations with respect to the areas of activities.
4. Under Paris, Article 2, nationals of Members are to enjoy in other Members the
advantages that their respective laws grant to nationals, and shall have the sameprotection and the same legal remedy against any infringement of their rights ifthey conform to the conditions and formalities imposed upon the Member'snationals.Article 36 of the PL.
Article 47 of the TML.Article 2(1) and Article 4 of the Law on Competition.
5. Paris.  Article 3, requires that nationals of non-member countries domiciles or that
have "real and effective" industrial or commercial establishments in a Membercountry be treated as nationals of a Member country.It is applied directly by virtue of Article 7(2) of CC.
Article 36 of the PL.Article 47 of the TML.
Article 2(1) and Article 4 of the Law on Competition.WT/ACC/RUS/41
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6. Under Paris, Article 4.a right of priority is to be given an applicant for a patent,
for registration of a utility model, an industrial design, or of a trademark who has
filed the equivalent of a regular national filing under the domestic legislation of a
Member country.  The periods of priority are to be 12 months for patents andutility models, and 6 months for industrial designs and trademarks.  The Articlediscusses the technical details of granting priority in depth.Article 19(2) of the PL.
Article 9(2) of the TML.
7. Article 4bis states that patents obtained for the same invention in various
members of the Paris Union are independent of each other.Neither the PL, nor the Eurasian Patent Convention under which patents are also
granted with the effect within the territory of the Russian Federation set up thedependence of the validity of the granted patent on the availability and/or validity of
another patent obtained for the same invention in other countries.
8. Article 4ter requires that inventors have the right to be named as such in the
patent.Article 3(2) and Article 25 of the PL.
9. Under Article 4quater restrictions or limitations on the sale of a patented product
or a product produced by a patented process cannot be the grounds for refusing apatent or invalidating one already issued.The PL does not contain similar grounds for refusal of a patent and/or invalidation of
the granted patent.
10. Under Article 5(A)(1), importation of a patented product manufactured in a Paris
Union country cannot be the basis of forfeiture of the patent.The PL does not put the effect of rights resulting from the granted patent into
dependence on importation by the patentee of articles manufactured in any of thecountries of the Paris Union.
11. Article 5(A)(2) and (3) authorize countries to use compulsory licensing as a
means to prevent abuses, such as the failure to work, but they may not forfeit apatent unless the grant of a compulsory license would not be sufficient to prevent
the abuse.  Proceedings for forfeiture or revocation cannot be institute until two
years after the grant of the first compulsory license.The possibility for compulsory licensing is provided in Article 10(4) of the PL; the PL,
however, does not provide the forfeiture of a patent in the situation underconsideration.
12. Article 5(A)(4) prohibits application for a compulsory license for failure to work
until four years have passed since tile application was filed or three years from
date of grant and no compulsory license is to be granted if the patentee justifiesthe failure to work.  Licenses are to be non-exclusive, and may not be transferredexcept with the enterprise or goodwill that exploits the license.The time limits, non-exclusive character of the license and account of valid reasons of
failure to work are provided by the Russian legislation (Article 10(4) of the PL).Other conditions of granting a license are taken into account in the draft federal law“On amendments and additions to the Patent Law of the Russian Federation”(hereinafter referred to as the “Draft Law on Amendments in the PL”).
13. Article 5(B) prohibits forfeiture of industrial designs for failure to work or for
importing articles corresponding to those that are protected.The Russian legislation in force (the PL) does not provide for the forfeiture of
industrial designs on the mentioned grounds.
14. Article 5(C) prohibits cancellation of a mark for unjustified non-use before a
reasonable period of time has passed and permits the proprietor to use differing
elements that do not diminish the distinctive character of a mark withoutinvalidating the registration or diminishing the protection granted the mark.Concurrent use of the mark by co-proprietors is permitted so long as the public isnot mislead.Article 22(3) of the TML establishes a five-year period.
The opportunity to use the mark, with slight changes, is provided for by the draft
federal law “On amendments and additions to the Federal Law “On Trademarks,Service Marks, and Appellations of Origin” (hereinafter referred to as the “Draft Lawon Amendments in the TML”).The TML does not provide for co-ownership of the trademark.
15. Under Article 5(D), no indication or mention of the patent, of the utility model, of
the registration of the trademark, or of the deposit of the industrial design, shall be
required upon the goods as a condition of  recognition of the right to protection.Neither the PL, nor the TML set up such requirement for the recognition of rights of
the patentee and of the owner of the trademark.WT/ACC/RUS/41
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16. Article 5bis requires that a grace period of at least six months be provided for the
payment of maintenance fees for industrial property, but a surcharge is
permissible.  Countries are authorized to restore patents that lapsed for non-
payment of fees.“Regulations on fees for the patenting...” establish a six month grace period for the
payment of annual fees for the maintenance of a patent.
The opportunity to restore a patent which have lapsed by reason of non-payment of
fees is provided in the Draft Law on Amendments in the PL.Article 16(2) of the TML.
17. Article 5ter prohibits a Paris Member from making use of patented devices aboard
a vessel, aircraft, of land vehicle temporarily or accidentally in the territory or theMember.The Russian legislation stipulates this provision of the Paris Convention (Article 11 of
the PL).
18. Article 5quater requires that process patent owners have all the rights against an
imported product produced by the patent process that they would have withrespect to products manufactured at home.The Russian legislation stipulates this provision of the Paris Convention (Article 10(3)
of the PL).
19. Article 5quinquies requires that Paris Members protect industrial designs. Industrial designs are protected under the PL.
20. Article 6 makes the conditions for filing and registration of trademarks subject to
domestic legislation but also makes filing and registration independent of those in
other countries, including the country of origin.The conditions for the filing and registration of trademarks are established by the TML.
The TML does not establish the dependence of the right to file an application or to
register a trademark on the filing of the application and/or the availability of the
effective registration.
21. Article 6bis requires parties, ex officio if legally possible or at the request of an
interested party, to refuse to register or, for a period of at least 5 years, to cancelthe registration of a trademark confusingly similar to a well-known mark.  Notime limit is placed on a mark used in bad faith.Article 7(1), paragraph 3, and Article 28(1) of the TML establish the availability of this
fact as one of the grounds for refusal or invalidation of the registration (during fiveyears from the date of publication of the particulars of the registration).The Draft Laws on Amendments in the TML and Draft Law on Amendments in theLaw on Competition provide the opportunity to cancel the mark registered in bad faith
during the entire term of the registration.
22. Article 6ter requires Members to refuse to  register or to invalidate the registration
that includes, without authorization, armorial bearings, flags, state emblems,official signs and hallmarks, etc.  An exception is provided for owners of rightsacquired in good faith before the Convention entered into force for that country.This requirement is taken into account in provisions of Article 6(1), paragraph 3, and
Article 28(1) of the TML.
23. Article 6quater makes the assignment of a mark valid if the portion of the
business or goodwill of the business together with the exclusive right tomanufacture and sell the goods bearing the mark are also transferred.There is no such limitation when assigning a mark; the mark is alienable. No
assignment of a mark shall be allowed if it would be liable to mislead the consumer asto the product or the manufacturer thereof.
24. Article 6quinquies requires that trademarks duly registered in a Member be
accepted for filing in other Members, with certain reservations, and establishes
the conditions under which a trademark may be denied registration or may be
invalidated.Articles 6 and 7 of the TML.
25. Article 6sexties states that Paris Members undertake" to protect service marks
without being required to provide for their registration.Article 1 of the TML. A trademark and a service mark are equated in the legal regime.
26. Article 6septies requires that trademark owners be able to oppose or request
cancellation of a registration of their trademarks applied for by their agent orrepresentative without their authorization "unless the agent or representativejustifies his action.Currently, these relations are governed by Article 2(1, 2) and Article 7(2) of the CC.
These provisions of the Paris Convention are planned to be taken into account in thetext of the TML.WT/ACC/RUS/41
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27. Article 7 states that the nature of the goods to which a trademark is applied may in
no case be an obstacle to the registration of the trademark. (Duplicate language is
in TRIPS Article 15.4.)The TML does not provide limitations as to the trademark registration on the basis of
the nature of the goods.
28. Article 7bis requires that Members permit registration of collective marks
belonging to associations the existence of which is not contrary to the law of the
country of origin, even where the association is not established in the countrywhere protection is being sought.Articles 20 and 21 of the TML contain provisions on the registration of collective
trademarks, which conform to requirements of this article of the Paris Convention.
29. Article 8 requires that trade names be protected by Members without the necessity
of registration, whether or not the names are part of a trademark.Formally, this article of the Paris Convention does not touch upon relations governed
by Parts II, III and IV of the TRIPS Agreement.May be applied directly in virtue of Article 7(2) of the CC.At present, this domain is governed by Article 2(1, 2), Article 7(2) and Article 54(4) of
the CC; Article 10 of the Law on Competition.
30. Article 9 requires seizure on importation or exclusion or goods bearing a
trademark or trade name without authori zation, unless a country's laws provide
for neither remedy, in which case domestic actions and remedies must beavailable.The Russian legislation recognizes the importation of goods unlawfully bearing a
trademark as the infringement of the rights of the trademark owner, which incur civiland/or criminal liability. (Article 4(2) and Article 46(1) of the TML). Seizure may beimposed by the court order.
31. Article 10 applies the obligation of Article 9 to the direct or indirect use of false
indications of source of goods, or false indication of the producer, manufacturer,or merchant of such goods.The Russian legislation provides civil and/or criminal liability for unlawful exploitation
of appellations of origin and for exploitation of a similar designation liable to misleadconsumers (Article 40(2) and Article 46(1) of the TML). Seizure may be imposed by
the court order.
32. Article 10bis requires Members to provide protection against unfair competition,
including against acts that create confusion of various kinds about the goods or
activities of a competitor, that consist of false allegations about a competitor, orthat are apt to mislead the pub lic regarding a competitor's goods.Article 10 of the Law on Competition.
An additional remedial measure is provided in the Draft Law on Amendments in the
TML.
33. Article 10ter requires that Members und ertake to assure to foreign nationals
effective legal remedies to repress actions referred to in Articles 9, 10 and 10bis,and to allow federations and associations representing foreign businesses, on thebasis of reciprocity, to take action in court and before administrative authorities to
repress such acts.Article 47 of the TML; Article 3 of the Code of Civil Procedure of the RSFSR
(hereinafter referred to as “CCP”); Article 4(1) of the Code of AdministrativeProcedure of the Russian Federation (hereinafter referred to as “CAP”); Article 27 ofthe Law on Competition.
34. Article 11 requires that temporary protection, consistent with domestic legislation,
be afforded to patentable inventions, utility models, industrial designs andtrademarks in respect of goods exhibited at official or officially recognizedinternational exhibitions held in their territory.Article 9(3) of the TML (through an “exhibition priority” mechanism).
Article 4(1), Article 5(1) and Article 6(1) of the PL (through a “grace period”mechanism). In addition, the Draft Law on Amendments in the PL provides thisopportunity through a provisional legal pr otection mechanism according to Article 22
of the PL.
35. Article 12 requires Members to establish industrial property offices for patents.
utility models, industrial designs and trademarks for the communication to thepublic through publication of a periodic journal of the names of patent owners
with a brief designation of their inventions, and the reproduction of trademarks.Under Article 2(1) of the PL and Article 43 of the TML, the Russian Agency for
Patents and Trademarks is such a service.
36. Article 19 authorizes Members to enter into separate and special industrial
property agreements among themselves, so long as those agreements do notcontravene the provisions of Paris.International agreements of the Russian Federation in the field of industrial property do
not contravene the provisions of the Paris Convention.WT/ACC/RUS/41
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37. National treatment, with exceptions allowed in the Paris, Bern and Rome
Conventions.  Article 3.Under Article 36 of the PL, Article 47 of the TML, Article 13 of the Russian
Federation Law “On the Legal Protection of Topographies of Integrated Circuits”
(hereinafter referred to as “LPTIC”), foreign natural persons and legal entities shall, on
the basis of international treaties to which the Russian Federation is party, or on thebasis of reciprocity, enjoy the rights provided for in these laws on the same footing asnatural persons and legal entities of the Russian Federation. Under Article 5(1) andArticle 35(4) of the Russian Federation Law “On Copyrights and Related Rights”(hereinafter referred to as “LCRR”), the rights of foreign nationals shall be recognized
in accordance with international treaties to  which the Russian Federation is party.
Russia is not party to the Rome Convention.
38. Most favoured nation treatment, with enumerated exceptions. Arti cle 4. At present, the most-favoured-national treatment (with ex ceptions in respect of
advantages granted by Russia in accordance with some agreements, including thoseconcluded with CIS countries) is provided in  bilateral agreements with Switzerland and
EC.
STANDARDS CONCERNING THE AVAILABILITY, SCOPE AND USE OF INTELLECTUAL PROPERTY RIGHTS
Copyright and Related Rights
39. Compliance with Articles 1 through 21 of the Bern Convention with the exception
of Article 6bis. Article 9.1.The Russian Federation is party to the Bern Convention. Under Article 15(4) of the
Constitution of the Russian Federation, where an international treaty to which theRussian Federation is party contains provisions different from those specified in the
law, the provisions of the international treaty shall apply. As regards the exclusive
rights in the achievements of intellectual activities, international treaties of the RussianFederation shall be, under Article 7(2) of the CC, integral part of its legal system andapply directly, except for cases where their application requires promulgation of anintrastate act. The stated articles of the Bern Convention have been expressed in anumber of provisions of legislative acts of the Russian Federation.
40. Article 2 defines "literary and artistic works" as "every production in the literary,
scientific and artistic domain whatever may be the mode or form of its
expression," giving examples. Limitations related to speeches are provided in
Article 2bis.Articles 6, 7 and 8 of the LCRR determine the subject matter of copyright according to
this article of the Bern Convention.
41. Article 3 requires that protection be provided to the works of authors who are
nationals of Bern Union members and to works of nationals of non-Unioncountries if those works are published in a Union member simultaneously withpublication in the non-Union country.Article 5(1) of the LCRR.
42. Article 4 requires that protection be provided cinematographic works not falling
under Article 3 if the maker has a headquarters or habitual residence in a Union
member and to works of architecture or ar tistic works incorporated into a building
or structure in a Union member.In view of the fact that cinematographic works and works of architecture constitute the
subject matter of copyright (Article 7 of the LCRR), provisions of Article 5(1) of the
LCRR shall apply to these works.
43. Article 5 requires that authors enjoy the rights required by Bern and any other
rights a country provides works on a national treatment basis without beingsubject to any formalities.Article 3, Article 5(1) and Article 9(1) of the LCRR.WT/ACC/RUS/41
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44. Article 7 requires that the term of protection for copyright be 50 years following
the death of the author.  Special terms are authorized for cinematographic works,
anonymous or pseudonymous works, photographic works and works of applied
art.Article 27 of the LCRR.
LCRR does not provide special conditions for cinematographic works, photographic
works, and works of applied art.
45. Article 8 gives authors of protected works the exclusive right to make or authorize
the making of translations of the work.Article 16(2), paragraph 9 of the LCRR.
46. Article 9 requires that authors be given the exclusive right to authorize
reproduction of the work in any manner or form with only limited exceptions thatdo not conflict with the normal exploitation of the work and do not unreasonablyprejudice the legitimate interests of the author.Provisions of Article 16 of the LCRR stipulate the concession to authors of the
exclusive right of authorizing the reproduction of their works.Exceptions are established by Articles 17 through 26 of the LCRR.
47. Articles 10 and 10bis define certain authorized “free uses of works”. Proceeding from the right of the countries of the Union es tablished in these articles of
the Bern Convention, Articles 19 and 29 of the LCRR stipulate for cases of the so
called “free uses of works” in accordance with the stated articles of the Bern
Convention.
48. Articles 11, 11bis, and 11ter require that authors of dramatic, dramatic-musical
and musical works and any translation ther eof and authors of literary and artistic
works, the exclusive right to authorize the public performance of their works,including by broadcast, public recitation and any communication to the public.These requirements are ensured in virtue of Article 16(2), paragraphs 5 through 9 of
the LCRR; Article 12(1) of the LCRR.
49. Article 12 requires that authors of literary or artistic works have the exclusive
right to authorize adaptations, arrangements and other alterations of their works.Article 16(2), paragraph 10 of the LCRR.
50. Article 13 authorizes countries to impose reservations and conditions on the
exclusive right granted authors of musical works or written works that are
recorded.The LCRR does not provide reservations and conditions.
51. Articles 14 requires that authors of literary and artistic works have the exclusive
right to authorize the cinematographic ad aptation and reproduction of their works
and the distribution, public performance and communication to the public of theadaptation or reproduction, without the limitations authorized under Article 13(1).Article 16(2), paragraph 10 and Article 12(1) of the LCRR.
52. Article 14bis specifies that a cinematographic work is to be protected as an
original work without prejudice to any work  that is adapted or reproduced and the
author of the cinematographic work is to enjoy the same rights as the author ofany other work.Article 7(1) and Article 13(4) of the LCRR.
53. Article 14ter requires "droit de suite" in connection with subsequent sales works
of art and manuscripts.“Droite de suite” (right to an interest) is established in Article 17(2) of the LCRR with
respect to original works of fine art.
Similar rights with respect to original manuscripts of writers and composers arestipulated by the Draft Law on Amendments in the LCRR.
54. Article 15 requires that ownership of a work, for purposes of litigation, be
presumed to be that which appears on the work in the usual manner.Article 9(2) of the LCRR.
55. Article 16 requires that infringing copies of a work be subject to seizure whether
domestically produced or imported.Article 50(2) of the LCRR.WT/ACC/RUS/41
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56. Article 18 requires that copyright protection be applied to all works which, at the
moment Bern becomes effective, have not fallen into the public domain in the
country of origin through the expiry of the term of protection.When acceding to the Bern Convention, th e Government of the Russian Federation
made a statement on non-application of the provisions of the Convention to works
which, at the moment of coming into force of the Convention for the Russian
Federation, have already fallen into the public domain of the country. In accordancewith Article 28 of the LCRR, works in respect of which the term of copyright hasexpired and works that have never enjoyed protection on the territory of the RussianFederation shall fall into the public domain.A Draft Law has been worked out, which is aimed at introducing amendments in the
LCRR to allow the application of provisions found in Article 18 of the Bern
Convention to the full extent.
57. Article 19 authorizes Union members to provide greater protection than that
required by the Convention.This provision concerns the domain of the State sovereignty of each country of the
Union and does not provide for obligations.
58. Article 20 authorizes Union members to enter into special agreements among
themselves to provide more extensive rights than those provided by BernConvention.Russia has no such agreements.
59. Protect computer programs, whether in source or object code, as literary works
under the Bern Convention.  Protect compilations of data, whether in machinereadable or other form are to be prot ected as intellectual creations if they
constitute such. Article 10.Computer programs are recognized by the Russian legislation as subject matter of
copyright and protected equally with literary works (Article 7(1, 2) of the LCRR andArticle 3 of the Russian Federation Law “On the Legal Protection of Computer
Programs and Data Bases”).
60. Provide rental rights at least for comput er programs and cinematographic works
with certain exceptions.  Article 11.Article 16 of the LCRR.
61. Provide a term of protection of fifty years from the death of tile author (Bern
Convention, Article 7.1 and TRIPS Article 9.1) or, for works the term of which isnot measured by the life of the author, a term of 50 years from the end of thecalendar year of authorized publication, or, if not published within fifty yearsfrom making, fifty years from the end of the calendar year of making.  Article 12.Article 27 of the LCRR.
62. Confine limitations and exceptions to exclusive rights to certain special cases
which do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the right holder's legitimate interests.  Article 13.Article 16(5) and Article 25(3) of the LCRR.
63. Provide performers with the right for 50 years from the date of a performance to
prevent unauthorized fixation of their unfixed performances and of reproductionsof such fixations and to prevent the unauthorized broadcast by wireless means andcommunication to the public of their live performances. Article 14.1 and .5.Article 37(2)(i-iii) and Article 43(1) of the LCRR.
64. Provide phonogram producers with the right for 50 years from the date of first
authorized fixation to prohibit unauthorized reproduction of their phonograms,directly or indirectly, and to prohibit rental of copies of their phonograms oncesold or otherwise distributed.  Article 14.2, .4, and .5.Article 38(2)(i, iii) and Article 43(2) of the LCRR.WT/ACC/RUS/41
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65. Providing broadcasting organizations with the exclusive rights for 20 years of
fixation, reproduction of fixations, and rebroadcasting by wireless means of their
broadcasts and the communication to the public of broadcasts of their broadcasts
or provide to the owners of the copyright in the material broadcast the possibilityof exercising such rights. Article 14.3 and.5.Article 40(2)(i-iv) and Article 41(2)(i-iv) of the LCRR. In so doing, the said rights,
under Article 43(3 and 4) of the LCRR, shall have effect for 50 years.
Trademarks
66. Provide trademark or service mark prot ection for any sign, or combination of
signs capable of distinguishing the goods or services of one undertaking fromthose of other undertakings.  Article 15.1.Articles 1, 5 of the TML.
67. Not deny registration for a mark based solely on the nature of the goods or
services to which a trademark is to be applied.  Article 15.4.The TML does not provide limitations as to the trademark registration, based on the
nature of goods.
68. Trademarks must be published before or shortly after registration to permit
opposition or opportunity to apply for cancellation.  Article 15.5.Article 18 of the TML (publication of particulars of the trademark registration within
six months following the date of registration);the Draft Law on Amendments in the TML provides for publication of particulars
immediately following the registration.
69. The owner of a registered trademark shall have the exclusive right to prevent all
third parties not having the owner’s consent from using in the course of tradeidentical or similar signs for goods or services which are identical or similar tothose in respect of which the trademark is registered where such use would resultin likelihood of confusion. Article 16.1.Article 4 and Article 46(1) of the TML.
70. Presume confusion where an identical mark is used without authorization on
identical goods or services.  Article 16.1.It goes without saying, since Article 4(2) of the TML does not provide for the
consideration of the issue of “ “likelihood of confusion” in the case of using an
identical mark.
71. Provide protection for well know tradem arks and service marks in accordance
with Article 6bis, of the Paris Convention, even where use is on goods or services
which are not similar to those in respect of  which a trademark is registered if the
latter use would imply a connection with the right holder or would be likely todamage the right holder's interests.  Article 16.2 and .3.Article 7(1), paragraph 3 of the TML;
TRIPS requirement as regards other goods has been taken into account in the Draft
Law on Amendments in the TML.
72. Allow only limited exceptions to the rights conferred by a trademark such as fair
use of descriptive terms. Article 17.Article 6(1), paragraph 7 of the TML. Such terms may constitute a trademark as
unprotected elements.
73. Provide a period of protection for registration of at least seven years, renewable
indefinitely.  Article 18.Article 16 of the TML.
74. Allow cancellation for non-use only after a period of three years of uninterrupted
non-use unless valid reasons exist for the non-use, including government
interference with use.  Article 19.1.Article 22(3) of the TML.
75. No encumbering of the use of a trademark by special requiremen ts. Article 20. There are no limitations on the trademark exploita tion.
76. May establish conditions for licensing but compulsory licensing not permitted and
owner of registered mark must be able to assign it with or without transfer of
business.  Article 21.Articles 26 and 26 of the TML.WT/ACC/RUS/41
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Geographical Indications
77. Provide means to prevent deceptive use of Geographical indications identifying
location where a given quality, reputation or other characteristic of a good isattributable to its location.  Article 22.1 and .2.Article 10 of the Law on Competition; Articles 10 and 12 of the Russian Federation
Law “On the Protection of Consumers’ Rights”; Section II (specifically, Article 40) ofthe TML.
78. Refuse to register or invalidate registrations of trademarks containing
geographical indications except in instances in which such marks have been usedcontinuously for at least I 0 years or in good faith before 15 April 1994.  Article22.3.Article 6(1), paragraph 6, Article 6(2), paragraph 2, Article 7(1), paragraph 4, Article
28(1) of the TML.
79. Protect against use of geogra phical indications even when literally true but which
falsely represent that the goods originate in another territory. Article 22.4.Article 6(2), paragraph 2; Article 40(2) of the TML.
Article 10 of the Law on Competition.
80. Protect, with certain exceptions, appellations or origin for wines and spirits even
against use accompanied by expressions such as  “kind”, “type”, “style”, etc.Article 23.1 and 24.Article 40(2) of the TML; Article 10 of the Law on Competition.
81. Refuse or invalidate, with certain exceptions trademark registrations containing
geographical indications for wines and spirits if they do not originate in the place
named. Article 23.2 and 24.Article 6(2), paragraph 2; Article 28(1) of the TML (as regards sings or indications
liable to mislead; for any goods).
The Draft Law on Amendments in the TML introduces an additional ground for refusalof the trademark registration as regards wines and spirits (without considering a matterof misleading).
Industrial Designs
82. Provide, with certain exceptions, protection for new or original, independently
created industrial designs.  Article 25.1.Article 6 of the PL.
83. Ensure that requirements for securing protection for textile designs are not
prohibitive of such protection. Article 25.2.Protection for textile designs is possible both in the form of patent, under the PL, and
within the framework of copyright protection under Article 7 of the LCRR, that affordslegal protection to works of applied art which, under Article 4 of the LCRR,  involve,
in particular, works of art in two or three dimensions applied to objects intended for
practical use, craft works or works produced in an industrial process.
84. Protection should last at least 10 years. Article 26.3. Article 3(3) of the PL.
Patents
85. Provide patents for any inventions, whether products or processes, in all fields of
technology if they are new, involve an inventive step and are industriallyapplicable.  Exceptions are permitted for plants and animals, except for micro-organisms and non-biological and microbiological processes.  Exemptions arealso permitted for reasons of public order and morality.  Article 27.Article 4 of the PL, and the Russian Federation Law “On Selection Attainments”.
86. Provide patent owners with the right to prevent others from making, using,
offering for sale, selling or importing a patented product or from using a patentprocess or using, offering for sale, selling or importing a product produced
directly using such process.  Article 28.1.Article 10(1-3) of the PL.
87. Give patent owners the right to assign the rights in the patent, or transfer the rights
by succession, or license them. Article 28.2.Article 10(6,7) and Article 13(1) of the PL.WT/ACC/RUS/41
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88. Require applicants to disclose the invention so that one skilled in the art can carry
it out and may require indication of the best mode and information on
corresponding foreign applications.  Article 29.Article 16(2) of the PL.
89. Ensure that any exceptions to exclusive patent rights do not unreasonably conflict
with normal exploitation of the patent and do not unreasonably prejudice the
legitimate interests of the patent owner, taking third party interests into account.Article 30.Exceptions are provided in Article 11 of the PL: the use on board vessels under Article
5ter of the Paris Convention; the use of devices incorporating the patented subject
matter for scientific research and experimental purposes; the use for private and non-profit-making purposes; the use for the occasional preparation, in a pharmacy, of amedicine in accordance with a medical prescription; the use in cases of emergency,provided that the patent owner is subsequently paid equitable compensation; as well as
the use the subject matter for marketing purposes, provided that the marketing has been
done legally, shall not be covered by a patent. Article 12 of the PL establishes the rightof prior use, taking into account the legitimate interests of third parties.
90. Compulsory licenses can be issued only when enumerated conditions are met,
including such things as notice, remuneration, limitations on use and transfer ofthe license, etc.  Article 31.Article 10(4) of the PL, and the Draft Law on Amendments in the PL.
91. Provide an opportunity for judicial review of decisions to revoke or forfeit a
patent.  Article 32.Article 46(Part 2) of the Constitution of the Russian Federation.
92. Provide a patent term of at least 20 years from the filing date. Article 33. Article 3(3) of the PL.
93. Shift the burden of proof in process patent infringement actions to the defendant
in instances in which tile product produced by the process is new or where it is
substantially likely that the identical product was made using the process and the
patent owner has been unable through reasonable efforts to determine the processused.  Article 34.Article 10(3) of the PL.
Topographies of Integrated Circuits
94. Provide protection for original layout designs of integrated circuits that are
registered or have been commercially exploited anywhere in the world.  Articles3, 4, 5, and 7 of the Washington Treaty as incorporated into TRIPS by Article 35.Article 3 of the LPTIC.
95. Make unlawful, except in certain circumstances, the reproduction, importation,
sale or other distribution of a protected layout design or an integrated circuitembodying such design or an article containing such a microcircuit.  Article 6 of
Washington and Article 36 of TRIPS.Article 5 of the LPTIC (as regards a topography and an integrated circuit containing a
protectable topography) and a Draft Federal Law on Amendments in the LPTIC (asregards articles containing an integrated circuit with a protectable topography).
96. Provide such protection for a term of I0 years from the films, of an application for
registration or from first commercial exploitation.  Article 38.Article 10 of the LPTIC.
Undisclosed Information
97. Provide protection for undisclosed information that is secret (not generally known or
readily ascertainable); has commercial va lue because of its secrecy., and has been
subject to reasonable steps to keep it secret.  Article 39.2.Article 139 of the CC.
Articles 10 and 15 of the Law on Competition.WT/ACC/RUS/41
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98. Protect data submitted to obtain marketing a pproval for pharmaceutical or agricultural
chemicals utilizing a new chemical entity. Article 39.3.Article 139 of the CC.
Articles 10 and 15 of the Law on Competition.
Article 39 of the Russian Federation Law “On Medicines”.
Item 3.13 of the “Regulations on Registration Tests and of Registration of Pesticides inthe Russian Federation”, dated January 17, 1995.
ENFORCEMENT
General Provisions
99.  Provide for effective action against infringement of intellectual property rights
without creating barriers to legitimate trade or opportunities for abuse.  Article 41.1.The Russian legislation provides the whole set of measures having a civil, administrative
and criminal nature aimed at protecting rights in intellectual activity results. In particular,rules of Article 14 of the PL; Article 46 of the TML; Articles 48 through 50 of the LCRR;Article 11 of the LPTIC; Articles 1 through 12, 139 of the CC; Article 150.4 of theRSFSR Code of Administrative Offences (hereinafter referred to as “CoAO”); Article 10
of the Law on Competition; Articles 146, 147, 180, and 183 of the Criminal Code of the
Russian Federation (hereinafter referred to as “CrC”).
100.  Provide enforcement procedures that  are fair and equitable and are not
unnecessarily complicated or costly and do not entail unreasonable time-limits orunwarranted delays.  Article 41.2.The procedures are established by the Code of Civil Procedure of the Russian Federation
(hereinafter referred to as “CCP”), the CAP, the CoAO, Code of Criminal Procedure o
f
the Russian Federation (hereinafter referred to as “CCrP”), the Federal Law “OnExecutory Process”.The principle of equality of persons before the law and court (Article 19 of the RF
Constitution, Article 5 of CCP, Article 6 of the CAP, Article 14 of the CCrP).
Procedural terms and grounds for their extension (Chapter 9 of the CCP, Article 12 of theACP).In accordance with Article 80 of the CCP, claimants, at the suits arising from copyrightand also from the right in discovery, invention, proposal for innovation, and industrialdesign are exempted from payment of court costs for the State income.
A court or judge, based on the property status of a national, shall be entitled to exempt
him from payment of the State fee and to postpone or spread out for one or both partiespayment of the State fee or to reduce the amount thereof (Items 2 and 3 of the RussianFederation Law “On the State Fees”).“Regulations for examining matters of violation of the antimonopoly legislation” datedJuly 25, 1996 (hereinafter referred to as “Regulations under antimonopoly legislation”).
101. Provide decisions on the merits based upon the evidence presented in the case to the
parties, preferably in writing with the reasons explained.  Article 41.3.Articles 196 and 197 of the CCP; Articles 126 and 127 of the ACP; and Articles 314 and
320 of the CCrP;  Regulations under antimonopoly legislation.
102. Provide for appeals to judicial bodies of fi nal administrative decisions and of at least
the legal aspects of initial judicial decisions on the merits of a case. Article 41.4.Under Article 11(2) of the CC, a decision taken administratively may be appealed in
court. Article 4 of the Russian Federation Law  “On Appeal in Court Against Actions and
Decisions Infringing the Rights and Freedoms of Nationals”.Appeal against court decisions: Article 282 of the CCP; Article 145 of the ACP; Articles325 and 331of the CCrP; Article 28 of the Law on Competition.WT/ACC/RUS/41
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Civil and Administrative Procedures and Remedies
103. Provide a procedure that allows plaintiffs to bring an action for infringement;
requires that defendants be notified; permits both side to present evidence in supportof their position; and protects confidential information.  Article 42.Article 11 of the CC; Article 31 of the PL; Article 45(1) of the TML; Article 49(3) of the
LCRR; Article 11(2) of the LPTIC;Article 142 of the CCP; Articles 103 and 108 of the CAP; Article 166 of the CCP; Article
117 of the CAP;
Article 9 of the CAP;Article 3 of the CCP;Articles 15 and 27 of the Law on Competition;Regulations under antimonopoly legislation.
104. Authorize judges to order production of evidence necessary to substantiate a party's
claims where that party has been unable to obtain such evidence from the opposing
party.   Article 43.1Articles 50, 64, 65, 69, and 70 of the CCP; Article 54 of the CAP;
Article 14 of the Law on Competition;
Regulations under antimonopoly legislation.
105. Authorize judges to enjoin a defendant, except the government, from infringing
intellectual property rights.  Article 44.1.Article 12 of the CC; Article 14(2) of the PL; Article 46(2, 3) of the TML; Article
49(1)(ii) of the LCRR; Article 11(1) of the LPTIC;Article 12 of the Law on Competition;Regulations under antimonopoly legislation.
106. Authorize judges to order the payment of monetary damages adequate to
compensate for the injury done by the infringement. Article 45.1.Article 49(1)(iv) of the LCRR; Article 14(2) of the PL; Article 46(2, 3) of the TML;
Article 11(1)(iv) of the LPTIC; Article 15 of the CC.
107. Authorize judges to order infringer to pay right holders enforcement costs and
recovery of profits and/or statutory damages.  Article 45.2.Under Article 15 of the CC; Articles 90 and 91 of the CCP; Article 95 of the CAP.
108. Authorize additional remedies including seizure of infringing goods, and the
materials and implements the predominant use of which is infringement.  Article 46.Article 49(4), Article 50(2) of the LCRR.
109. Authorize indemnification of defendant, including attorneys' fees in the event o f
abuse by plaintiffs.  Article 48.1.Under Article 90 of the CCP, a party in which favour a decision is taken, shall be paid,
from another party, all court costs incurred in connection with the case (including
attorney’s fees); Article 92 of the CCP.
Is provided in a draft new wording of the CAP.
110. Exempt public authorities and officials from liability in connection with the
administration of intellectual property laws only where the actions are taken orintended in good faith within the scope of tile relevant authority.  Article 48.2.The Russian legislation provides equality of all parties to civil relations legal , with
respect to both the rights and liabilities for offences (Articles 1, 2 of the CC). As regardspublic authorities and officials, no exceptions are provided.
111. Ensure that administrative remedies conform to the principles in the preceding
Articles.  Article 49.Issue of an order to cease violation of the antimonopoly legislation (under Article 10 o f
the Law on Competition) within antimonopoly bodies is regulated by  the Regulations
under antimonopoly legislation, dated July 25, 1996; and it conforms to principles set
forth in the TRIPS Agreement.
Other civil remedies in respect of intellectual property may be only adopted in courtprocedure.
Provisional Measures
112. Authorize judges to grant temporary restraining orders and provisional relief to
prevent infringement and to preserve evidence.  Article 50.1.Article 50 of the LCRR.
Articles 57, 133-139 of the CCP; Articles 71-72, 75-80 of the CAP.Is additionally provided in a draft new wording of the CAP.WT/ACC/RUS/41
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113. Authorize judges to require the complaining party to indemnify the defending party
against harm if the decision on the merits finds the provisional relief unjustified.
Article 50.3.Article 140 of the CCP; Article 80 of the CAP.
Is additionally provided in a draft new wording of the CAP.
114. Provide for notice, for formal action by the plaintiff after temporary restraining
orders, etc.  Article 50.4.Article 9(4) of the Russian Federation Law “On Executory Process”.
Article 139 of the CCP; Article 75 of the CAP.
Is additionally provided in a draft new wording of the CAP.
Border Measures
115. Provide for suspension of release by customs authorities of goods suspected of
bearing a counterfeit trademark or of bein g a piratical copyright ed work, either at
the request of a right holder.  Members ar e authorized to extend such protection to
holders of other forms of intellectual property. Article 51.Customs authorities of the Russian Federation control over travel of goods containing
subject matters of intellectual property.Is provided partially in the document of the State Customs Committee of the RussianFederation (methodological recommendations), No. 01-15/20508 dated October 28,1997.
Is provided in a draft new wording of the Customs Code of the Russian Federation
(hereinafter referred to as the “CsC”).
116. Require right holders initiating border measures to provide evidence of a prima
facie infringement and a description of tile goods sufficient for customsauthorities to recognize them.  The right holder must be notified within areasonable time is action will be taken on his behalf.  Article 52.Decree of the State Customs Committee of the Russian Federation, No. 01-14/632,
dated May 27, 1999, and No. 01-15/20508 dated October 28, 1997.Is provided in a draft new wording of the CsC.
117. Authorize authorities to require the right holder requesting border measures to
post a bond sufficient to protect the defendant and to prevent abuse.  Article 53.The customs legislation which is now in force does not provide such measures. They
are provided in a draft new wording of the CsC.
118. Requires prompt notification of the right holder and the importer when action
under Article 51 is taken.  Article 54.Information shall be passed to competent authorities (Ministry of Internal Affairs,
Ministry for Antimonopoly Policy). Methodological recommendations of the State
Customs Committee, Ministry of Internal Affairs, Ministry for Antimonopoly Policy,
Tax Police, № 01-54/10565 “On Measures To Ensure Safety of Intellectual Property”.
Is provided in a draft new wording of the CsC.
119. Requires that customs authorities be notified within a maximum of 20 days of the
receipt of notice that proceedings on the merits have begun or the suspension is tobe revoked.  Article 55.In accordance with the aforementioned statutory acts, a period is of no more than 10
days.Is provided in a draft new wording of the CsC.
120. Authorities must be authorized to require the right holder to compensate the
importer or owner of the goods subject to border measures if goods werewrongfully detained or if proceedings lead ing to a decision on the merits are not
begun within tile allotted time.  Article 56.The CC provides a common rule on the opportunity for a sufferer to recover losses by a
defendant (Articles 15, 1064). Article 140 of the CCP establishes the opportunity for adefendant to recover losses as a result of a suit.
Is additionally provided in a draft new wording of the CAP.
121. Right holders must be allowed to inspect the detained goods in order to
substantiate the right holder's claims.  Importers must be given similar authority.Members may give the right holder the names and addresses of those involved inthe importation when infringement is found to exist.  Article 57.At present, is limited by Article 16 of the CsC. Decree of the State Customs Committee
of the Russian Federation, No. 01-14/632, dated May 27, 1999;Methodological recommendations of the State Customs Committee, Ministry ofInternal Affairs, Ministry for Antimonopoly Policy, Tax Police,  № 01-54/10565 “On
Measures To Ensure Safety of Intellectual Property”.Is provided in a draft new wording of the CsC.WT/ACC/RUS/41
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122. Establishes the conditions that must be in place if customs authorities are
authorized to act ex officio, including the ability to ask the right holder for
information at any time; the requirement to notify the importer promptly of the
suspension; and the requirement that public officials be liable if they act in badfaith.  Article 58The Customs Authorities of the Russian Federation have no such  powers.
Is provided in a draft new wording of the CsC.
123. Competent authorities must be able to order destruction or disposal other than by
re-export of infringing goods where appropriate.  Article 59.These measures may be only taken by court order. Article 49(4) of the LCRR.
124. Members are authorized to except from border measures small quantities of
infringing goods of a non-commercial nature carried in personal luggage orshipped in small consignments.  Article 60Is provided in a draft new wording of the CsC.
Criminal Procedures
125. Provide criminal procedures and penalties, sufficient to act as a deterrent, for
wilful trademark counterfeiting or copyright piracy on a commercial scale.Authorizes extension of criminal actions to other forms of intellectual property
where infringements are wilful and on a commercial scale. Article 61.Article 146 (violation of copyright and related rights), Article 147 (violation of
inventors’ and patent rights), Article 180 (unlawful exploitation of a trademark),Article 183 (illegal receipt and disclosure of data constituting commercial secret) of the
CrC.
Article 86 of the CCP provides the opportunity of seizure and destruction, by sentence,of tools of a crime that belong to the accu sed, and also of other material evidence
which are things forbidden for circulation.
Abbreviations found in the right column, and their meaning:
CC  Civil Code of the Russian Federation;PL Patent Law of the Russian Federation;TML Russian Federation Law “On Trademarks, Service Marks, and Appellations of Origin”;
CCP RSFSR Code of Civil Procedure;
CCrP RSFSR Code of Criminal Procedure;CAP Code of Administrative Procedure of the Russian Federation;LPTIC Russian Federation Law “On the Legal Protection of Topographies of Integrated Circuits”;LCRR Russian Federation Law “On Copyright and Related Rights”;CoAO RSFSR Code of Administrative Offences;
CrC Criminal Code of the Russian Federation;
CsC Customs Code of the Russian Federation.
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