RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/RUS/29
13 November 1998
(98-4498)
Working Party on the
Accession of the Russian FederationOriginal:  English
ACCESSION OF THE RUSSIAN FEDERATION
Treatment of Trade-Related Aspects of Intellectual Property Rights
Overview of the Status and Development Perspectives of Treatment of Trade-Related Aspects of
Intellectual Property Rights (TRIPS) in the Russian Federation
This overview is based on the document “Treatment of Trade-Related Aspects of Intellectual
Property Rights” (WT/ACC/RUS/7) and relevant addendum thereto, as well as answers to the
questions of WTO Members on TRIPS-related issues.  This overview is updated and supplemented
with due regard to the recent changes in the legislation in force on protection of intellectual propertyrights and its application.
1. General Provisions
(a) Intellectual property policy
The general thrust of the Russian Federation’s policy on intellectual property is determined by
the Constitution of the Russian Federation (Clause 1 of Article 44) which states:
“Everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other
types of creative activity, and teaching.  Intellectual property shall be protected by law. ”
The whole system of the legislation in force contributes to the realization of this constitutional
right.  A vital element of the said system is a num ber of international agreements to which the Russian
Federation is a party.
(b) Agencies responsible for State policy implementation
The Russian Ministry of Justice was vested with the powers to implement State policy on the
legal protection of intellectual property.  The Russian Agency for Patents and Trademarks (Rospatent)
is a federal executive agency in charge of execution, control, authorization, regulation, and
organization in the field of the protection of intellectual property (inventions, industrial designs, utility
models, trademarks, service marks, appellations of origin), legal protection of computer programs,databases and layout designs of integrated circuits, including the registration and issuance of titles of
protection of industrial property and voluntary re gistration of computer programs, databases and
layout designs of integrated circuits.
Other federal ministries and agencies as well as judicial authorities and non-government
organizations participate in development and implementation of State policy on intellectual property.WT/ACC/RUS/29
Page 2
Their functions and competence are defined in accordance with the legislation in force.
TRIPS-related involvement of these agencies is described in subsequent sections of this overview.
Activities in this field are coordinated within  the framework of the Inter-Agency Working
Group on TRIPS Issues (coordinated by the Minist ry of Justice) of the Commission of the
Government of the Russian Federation on WTO matters.
(c) Membership of international intellectual property conventions and of regional or
bilateral agreements
The Russian Federation is a party to the following multilateral international agreements on
intellectual property:
- the Convention Establishing the World Intellectual Property Organization;
- the Paris Convention for the Protection of Industrial Property (Stockholm Act);
- the Madrid Agreement Concerning the International Registration of Marks (Stockholm Act);
- the Protocol to the Madrid Agreement Concerning the International Registration of Marks;- the Nice Agreement Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks (Geneva Act);
- the Locarno Agreement Establishing an International Classification for Industrial Designs;
- the Patent Cooperation Treaty (PCT);
- the Strasbourg Agreement Concerning the International Patent Classification;- the Convention Relating to the Distribution of Program-Carrying Signal Transmitted by
Satellite;
- the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for
the Purposes of Patent Procedure;
- the Nairobi Treaty on the Prot ection of the Olympic Symbol;
- the Universal (Geneva) Copyright Convention, as  revised in 1971 (with additional protocols);
- the Berne Convention for the Protection of Literary and Artistic Works (as revised in 1971);
- the Convention for the Protection of Producers of Phonograms Against Unauthorized
Duplication of their Phonograms;
- the International Convention for the Protection of New Varieties of Plants (the “UPOV”
Convention);
- the Trademark Law Treaty (TLT);- the Agreement on Cooperation in the Protection of  Copyrights and Related  Rights (a regional
accord of CIS countries);
- the Eurasian Patent Convention (a regional accord of CIS countries).
The Russian Federation has signed the bilateral intergovernmental agreements on industrial
property protection with other CIS countries.  These agreements provide for the interaction of subjects
of legal relations from CIS countries with the patent office of the Russian Federation without Russian
patent attorneys and payment of patent fees by these subjects in the order and amount determined for
Russian applicants which is justifiable by the common post space and availability of agreements on
payments in Russian Rubles.
Individual aspects of intellectual property protection are addressed in a number of bilateral
agreements of the Russian Federation:  the Agreement on Trade Relations between Russia and the
United States, the Agreement on Trade and Economic Cooperation between Russia and the Swiss
Confederation, the Agreement on Trade and Economic Cooperation between Russia and the Kingdomof Norway, the Treaty on Trade and Economic Cooperation between Russia and the Republic of
Poland, and the Agreement on Partnership and Cooperation between Russia and the
European Communities.WT/ACC/RUS/29
Page 3
(d) Application of national and most-favoured-nation treatment
The Russian Federation extends national treatment to the legal entities and individuals of
those countries which are parties to agreements mandating such treatment (most notably, the Paris
Convention for the Protection of Industrial Propert y, the Universal Copyright Convention and the
Berne Convention for the Protection of Literary and Artistic Works) both directly pursuant to such
covenants (Clause 4 of Article 15 of the Constitution of the Russian Federation provides for the direct
application and prevalence of international agreements) and in accordance with relevant provisions of
legislative acts of the Russian Federation (in particular, Articles 36 and 37 of the Patent Law of the
Russian Federation, Articles 47 and 48 of the Russian Federation Law “On Trademarks, Service
Marks and Appellations of Origin”, Article 3, Article 5:1 and Article 35:4 of the Russian Federation
Law “On Copyrights and Related Rights”, Articl e 7 of the Russian Federation Law “On the Legal
Protection of Computer Programs and Databases”, Articles 13 and 14 of the Russian Federation Law
”On the Legal Protection of Layout Designs of Integrated Circuits”).
The application of most-favoured-nation treatment (with exceptions regarding advantages
granted by Russia in accordance with certain agreements including agreements with CIS countries) onintellectual property is stipulated in the agreements between Russia and Switzerland, and Russia and
the European Communities.
(e) Duties and fees
Duties and fees for the patenting of inventions, utility models and industrial designs, for the
registration of trademarks and service marks, the registration of appellations of origin, the granting of
rights to use appellations of origin, and the official registration of computer programs, databases, and
layout designs of integrated circuits are collected in accordance with the Russian Council of
Ministers/Government Ordinance No. 793 of 12 Au gust 1993, as amended by Russian Government
Ordinances No. 382 of 23 April 1994 and No. 989 of 09 October 1995, No. 423 of 16 April 1997,
No. 1058 of 20 August 1997, and No. 372 of 31 March 1998.  The legal entities and individuals of the
Russian Federation and countries - parties to the international agreements with the Russian Federation
on mutual payments in Rubles, pay duties and fees in Russian Rubles.  The legal entities and
individuals of other countries pay duties and registra tion fees in United States' dollars (the amounts of
duties and registration fees are given in Appendix 1).
2. Substantive Standards of Intellectual Property Protection
(a) Copyright and related rights
In general, the provisions of the Russian legislation on copyright (including the ones on the
protection of computer programs and databases) are in conformity with the provisions of the BerneConvention for the Protection of Literary and Artistic Works (including Article 6bis) and the TRIPS
Agreement concerning copyright.  At the same time, according to the declaration made by the
Government of the Russian Federation when joining the Berne Convention, the provisions of the latter
are not applied to literary and artistic works which by the moment the Convention comes into force in
the Russian Federation, are public domain.  In accordance with Article 28 of the Russian FederationLaw “On Copyright and Related Rights” works for which the term of copyright expired, as well as
works to which copyright protection had never been extended within the Russian Federation are
public domain.
In general, the provisions on the protection of the related rights are in conformity with the
provisions of the Rome Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations and do not contradict the TRIPS Agreement, since the TRIPS provisions
on retroactive protection in respect of phonograms can be extended by Russia after accession to the
WTO on the grounds of the international agreement primacy.WT/ACC/RUS/29
Page 4
(b) Trademarks, including service marks
In general, the provisions of the Russian legislation on the protection of trademarks and
service marks are in conformity with the provisions of the Paris Convention for the Protection ofIndustrial Property and the TRIPS Agreement with the exception of the TRIPS provisions on
additional protection of well known marks in respect of non-homogeneous goods.   These provisions
will be taken into account when amendments are made to the Russian Federation Law “On
Trademarks, Service Marks and Appellations of Origin”.  A draft law was prepared and is being
planned for submission to the legislative authorities by the end of 1998.
(c) Geographical indications, including appellations of origin
Geographical indications in Russia are protected mostly by putting an end to any false
geographical indications as a form of unfair competi tion or a violation of consumer rights (this is done
by antitrust agencies or courts respectively).
One highly important category of geographical indications - appellations of origin - is
accorded special protection through their state registration in accordance with the procedure set forth
in the Russian Federation Law “On Trademarks, Service Marks and Appellations of Origin”.
In general, the provisions in accordance to which geographical indications are accorded
protection are in conformity with the provisi ons of the Paris Convention for the Protection of
Industrial Property and the TRIPS Agreement.  However, the provisions of the TRIPS Agreement on
additional protection of geographical indications for vines and liquors are extended only for the
appellations of origin which were registered in accordance with the established procedure.
For the purpose of bringing the legislation in conformity with the TRIPS requirements a draft
law on amendments to the Trademark Law was prepared.  This draft law also takes into account the
provisions of the Trademark Law Treaty (TLT) to which Russia is party.  The Government expects to
submit the draft law to the legislative authorities in late 1998.
(d) Inventions and industrial designs
In general, the provisions of the Patent Law of the Russian Federation on the protection of
inventions and industrial designs are in confor mity with the Paris Convention and the TRIPS
Agreement.  The draft law on amendments to the Patent Law of the Russian Federation took into
account the provisions of the TRIPS Agreement on the use of inventions without patent holder’s
authorization (“compulsory licensing”).
It is planned to submit the draft law to the legislative authorities in late 1998.
(f) Plant variety and animal breed protection (selection attainments)
Plant varieties and animal breeds are protected in accordance with the Russian Federation
Law “On Selection Attainments”.  The provisions of this Law are in conformity with the TRIPS
Agreement and the UPOV Convention.
(g) Layout designs of integrated circuits
Layout designs of integrated circuits are protected in accordance with the Russian Federation
Law “On Legal Protection of Layout Designs of Integrated Circuits”.  In general, the provisions of
this Law are in conformity with the provisions of  the Treaty on Intellectual Property in Respect ofWT/ACC/RUS/29
Page 5
Integrated Circuits (Washington Treaty), notwithstanding the fact that Russia is not a party to this
Treaty.  Additional (in respect of the Washington Treaty) requirements of the TRIPS Agreement were
taken into account in a draft law on amendments to the Law On Layout Designs which is planned to
be submitted to the legislative authorities in late 1998 or early 1999.
(h) Protection of undisclosed information
Protection of undisclosed information, as it is treated in Section 7 of the TRIPS Agreement, in
the Russian legislation is ensured by virtue of Article 139 of the Civil Code of the Russian Federation
on official and commercial secrets.  In particular, Article 139 stipulates the liability of officials who
illegally obtained information which constitutes official or commercial secrets.  The obtaining, use, or
disclosure of scientific, technical, production, or commercial information, including commercial
secrets, without the owner’s consent are not permitted by virtue of Article 10 of the Federal Law “On
Competition and Restriction of Monopoly Activity on Commodity Markets”.
There is a certain legal gap in respect of the third party liability if information was obtained in
a manner contrary to honest commercial practice (as it is stipulated in Article 39 of the TRIPSAgreement).
The above problems should be resolved in the Federal Law “On Commercial Secrets”, the
draft has been already approved in the first reading by the State Duma.
(i) Control over anti-competitive practices through agreements on transfer of exclusive
rights
The Russian legislation in force provides for th e measures to prevent the abuse of intellectual
property rights, in particular, if that causes an anti-competitive effect.  The exercise of exclusive rightsis subject to the Federal Law “On Competition and Restriction of Monopoly Activity on Commodity
Markets”, when the licensing practice (author's contract, a licence contract, etc.) is aimed at the
restriction of competition (Article 2 of the Law).  The prohibited types of agreements as well as the
terms and conditions under which the agreements are to be considered as restricting competition are
defined in Article 6 of the said Law.
3. Measures to Control Abuse of Intellectual Property Rights
The legislation of the Russian Federation provides both specific measures to prevent abuse of
rights to trademarks, industrial designs, inventions, utility models and a limited application of general
measures of anti-trust regulation to arrangements involving intellectual property.
Specific measures include the possibility of cancelling the registration of a trademark at any
time at the request of any party for the trademark’s non-use after a continuous five year period of such
non-use, as well as the possibility of compulsory non-exclusive licensing if the respective patent
holder has not used or has insufficiently used such invention or industrial design.  Both measures are
legally vested with the Supreme Patent Chamber of the Russian Federation.
In accordance with Resolution of the Government of the Russian Federation No. 367 of
30 March 1998, the Rospatent Higher Patent Board was established.  This is a continuing collective
body which performs the functions of the Supreme Patent Chamber of the Russian Federation.  The
main goal of the Rospatent Higher Patent Board is to ensure the rights and legal interests ofapplicants, right holders of protection of industrial property, and others.
The Rospatent Higher Patent Board deals with the complaints on decisions of Rospatent
Board of Appeals, applications, and petitions associated with the granting, restriction, or terminationWT/ACC/RUS/29
Page 6
of exclusive rights to industrial property and their use, as well as applications for recognizing
trademarks as well known in accordance with the international treaties of the Russian Federation.
Specific measures also include a patent holder’s right, in the event that he is unable to use his
invention, utility model, or industrial design without infringing the rights of another patent holder, to
demand that such other patent holder enter into a licensing contract with him (Article 10:5 of Patent
Law).  This right is protected pursuant to judicial procedures.
General measures of anti-trust regulation apply to exclusive rights, including those to
intellectual property, but only if there is an agreement related to the exercise of such rights aimed to
restrict competition.  Such measures are to be enforced by the federal anti-monopoly agency and its
territorial bodies.
4. Enforcement
In general, the civil, administrative, and criminal procedures and remedies to protect
intellectual property are in conformity with  the requirements of the TRIPS Agreement.
The legislation provides for the application of temporary measures by invoking provisional
remedies, including occasions when it is done prior to filing a civil claim with respect to criminal
offence.
The Russian customs legislation does not provide for any administrative or other procedure of
suspending the release into free circulation of those goods whose importation will infringe intellectual
property rights.  The right holder may secure such suspension by having recourse to the judicial
procedure for invoking provisional remedies, i.e. by filing a lawsuit over the violations of his rights
along with a request for a provisional remedy in the form of the seizure of the defendant’s propertywhich is under customs control. The lawsuit shall be considered no later than on the following day.  If
implicating evidence is sufficient, the judge issues a property seizure order which is binding on
customs authorities.
The legislation in force stipulates criminal liability for smuggling and other offences, which
the customs bodies of the Russian Federation are competent to inquire.  If during the customs control,
or when completing customs documents or checking messages, applications, or other informationsigns of other offences are found, the inquiry bodies  (in accordance with Article 304 of the Customs
Code of the Russian Federation) shall inform the Prosecutor’s Office or the bodies of  preliminary
investigation.
A draft law on amendments and addendum to the Customs Code of the Russian Federation,
which provides for applying the administrative procedure of suspending the release into free
circulation of those goods whose importation will in fringe intellectual property rights, was prepared.
Russian internal affairs authorities proceed from legislation in force when taking measures to
prevent crime in the area of illegal turnover of intellectual property.
The analysis of the legal protection practice shows that 720 crimes under Article 146
“Infringement of copyright and related rights”, Article 147 “Infringement of invention and patent
rights” and Article 180 “Illegal use of trademarks” of the Criminal Code of the Russian Federation
were registered in 1997.  During the six months of 1998, 708 crimes under same articles wereregistered.  Infringing goods valued at over 400 million Rubles were seized, criminal proceedings
were instituted against 80 individuals.WT/ACC/RUS/29
Page 7
Simultaneously, with the account of legal protection practice and accumulated experience, the
legislation on protection of intellectual property is being improved.  In particular, the Russian
Ministry of Internal Affairs is drafting proposals on amending and supplementing relevant articles of
the Criminal Code and the Criminal Procedure Code of the Russian Federation.
There is an additional information on law enforcement in Russia in Appendix 2.
5. Relevant Legislation
- Constitution of the Russian Federation (Clause 4 of Article 15; Article 44; Clause “o” of
Article 71);
- Civil Code of the Russian Federation (Articles 138 and 139);- Criminal Code of the Russian Federation (Articles 146, 147, 180, and 183);
- Civil Procedure Code of the Russian Federation;
- Arbitration Procedure Code of the Russian Federation;
- Criminal Procedure Code of the Russian Federation;
- Russian Federation Law No. 5351-1 “On Copyright and Related Rights” of 09 July 1993, as
amended 19 July 1995;
- Patent Law of the Russian Federation No. 3517-1 of 23 September 1992;
- Russian Federation Law No. 3520-1 “On Trademarks, Service Marks, and Appellations of
Origin” of 23 September 1992;
- Russian Federation Law No. 3523-1 “On the Legal Protection of Computer Programs and
Databases”, of 23 September 1992;
- Russian Federation Law No. 3526-1 “On the Legal Protections of Layout-Designs of
Integrated Circuits” of 23 September 1992;
- Russian Federation Law No. 5605-1 “On Selection Attainments” of 6 August 1993;
- Russian Federation Law No. 2300-1 “On of Consumer Rights Protection” of
07 February 1992, as amended 09 January 1996;
- Russian Federation Law No. 948-1 “On Competition and Restriction of Monopoly Activity
on Commodity Markets” of 22 March 1991, as amended 06 May 1998  (Articles 2, 6 and 10).WT/ACC/RUS/29
Page 8
ANNEX 1
Schedule of Patent Fees in Foreign Currency
Description of the fee Amount of the fee
(in US dollars)
Fee for the filing of a patent application for an invention 200 + 30 for each claim in
excess of  25
Fee for the filing of an application for a utility model certificate 100 + 10 for each claim in
excess of 25
Fee for the filing of a patent for an industrial design and for anexamination of the application on its merits300 + 30 for each version after
the fifth
Fee for the acceptance for consideration of those portions of aninternational application for which no search has been made by an
international patent information retrieval agency or a preliminary
international examination has not been performed30
Fee for the alteration and correction, at the applicant’s request, of
materials of an application for an invention patent, utility model
certificate, or industrial design patent after the commencement of a
formal examination.50
Fee for the inclusion of new claims in a patent application for an
invention prior to the filing of a petition for an examination of theapplication on it merits50 + 30 for each new claim
Fee for the inclusion of new claims in a patent application for an
invention after the filing of a petition for an examination of the
application on its merits50 + 240 for each new
independent claim
Fee for the inclusion of new claims in an application for a utilitymodel certificate50 + 10 for each new claim
Fee for the examination of an application on its merits for:
- one invention 300
- a series of inventions 300 + 240 for each invention
after the first
Fee for the transformation of an application for a utility modelcertificate into an application for an invention patent100 + 20 for each claim in
excess of 25
Fee for the transformation of an application for a utility modelcertificate into an application for a utility model certificate20
Fee for the extension of the time period set for replying to a query
from experts by each month:
- for up to 6 months after the expiry date of the original period set for
replying to the query from the experts20
- for 6-12 months after said date 50
- for over 12 months after said date 100
Fee for the filing with the Appellate Board of an objection to:
- a decision to refuse to issue a patent or certificate as a result of a
formal examination70
- a decision to refuse to issue a patent for an invitation or industrial
design as a result of an examination of the respective application onits merits250WT/ACC/RUS/29
Page 9
Description of the fee Amount of the fee
(in US dollars)
- a decision to refuse to issue a patent for an invention or industrial
design, or a certificate for a utility model, or to the applicability on
the territory of the Russian Federation of those patents for inventions
and industrial designs which were used in the former USSR600
Fee for the restoration of a deadline missed by an applicant if:
- the respective petition was filed within 6 months after the expiry of
such deadline80
- the respective petition was filed after 6 months, but not later than
12 months after the expiry of said deadline320
Fee for the registration of an invention, utility model, or industrial
design, and for the issuance of a patent for an invention or industrial
design or of a certificate for a utility model400
Fee for the registration of a license agreement covering:
- one patent for an invention or industrial design, or one certificate
for a utility model200
- several such patents or certificates 200 + 100 for each patent or
certificate covered by the
agreement after the first
Fee for the registration of a patent/certificate assignment agreement 50
Fee for the filing of an application for an open license and for thepublication of data regarding such application50
Annual fee for the maintenance of a patent for an invention for the
following one year after the application filing date:100
- third year 100
- fourth year 100
- fifth year 150
- sixth year 150
- seventh year 200
- eighth year 200
- ninth year 300
- tenth year 300
- eleventh year 450
- twelfth year 450
- thirteenth year 600
- fourteenth year 600
- fifteenth year 750
- sixteenth year 750
- seventeenth year 750
- eighteenth year 750
- nineteenth year 1,000
- twentieth year 1,000
Annual fee for the maintenance of a patent for an industrial design
for the following one year after the application filing date:
- third year 100
- fourth year 100
- fifth year 150
- sixth year 150
- seventh year 200WT/ACC/RUS/29
Page 10
Description of the fee Amount of the fee
(in US dollars)
- eighth year 200
- ninth year 300
- tenth year 300
- eleventh year 300
- twelfth year 300
- thirteenth year 400
- fourteenth year 400
- fifteenth year 400
Annual fee for the maintenance of a certificate for a utility model forthe following one year after the application filing date:
- first year 50
- second year 50
- third year 100
- fourth year 150
- fifth year 150
- sixth year 200
- seventh year 200
- eighth year 200
Annual fee for the maintenance with respect to the Russian
Federation of a Eurasian patent for the following one year after the
Eurasian application filing date:
- third year 125
- fourth year 125
- fifth year 188
- sixth year 188
- seventh year 250
- eighth year 250
- ninth year 375
- tenth year 375
- eleventh year 563
- twelfth year 563
- thirteenth year 750
- fourteenth year 750
- fifteenth year 938
- sixteenth year 938
- seventeenth year 938
- eighteenth year 938
- nineteenth year 1,250
- twentieth year 1,250
Fee for the filing an appeal with the Higher Patent Chamber ofRospatent against a decision of the Appellate Board taken on an
objection to:
- a decision to refuse to issue a patent or certificate as a result of a
formal examination30
- a decision to refuse to issue a patent for an invention or industrial
design as a result of an examination of the respective application on
its merits150WT/ACC/RUS/29
Page 11
Description of the fee Amount of the fee
(in US dollars)
- a decision to refuse to issue a patent for an invention or industrial
design, or a certificate for a utility model, or to the applicability on
the territory of the Russian Federation of those patents for inventions
and industrial designs which were issued in the former USSR200
Fee for the filing of an application for a trademark and for an
examination of a declared sign300 + 50 for each class of goods
and services after the five
Fee for the filing of an application for an appellation of origin and foran examination of a declared sign110
Fee for the alteration and correction, at the applicant’s request, of an
application for a trademark or for an appellation of origin60
Fee for the extension of the time period set for replying to a query
from experts by each month:
- for up to 6 months after the expiry date of the original period set forreplying to the query from the experts20
- for 6 - 12 months after said date 50
- for over 12 months after said date 100
Fee for the filing with the Appellate Board of an objection to:
- a decision to refuse to accept an application for a trademark or for
an appellation of origin as a result of a preliminary examination 150
- a decision regarding an application for a trademark or for anappellation of origin as a result of an examination of a declared sign400
- the registration of a trademark or an appellation of origin and the
issuance of a certificate for the right to use an appellation of origin, or
to the applicability on the territory of the Russian Federation of the
registration of a trademark or service mark of the former USSR.700
Fee for the restoration of a deadline missed by an applicant 300
Fee for the registration of a trademark and for the issuance of a
related certificate250
Fee for the registration of a collective mark and for the issuance of a
related certificate500
Fee for the issuance of a certificate for the right to use an appellation
of origin250
Fee for the alteration of the corresponding State Register and of a
certificate for a trademark or for the right to use an appellation oforigin60
Fee for the registration of a license agreement covering:
- one trademark 300
- several trademarks 300 + 250 for each trademark
certificate provided for by the
agreement after the first such
certificate
Fee for the registration of a trademark assignment agreement 300 for each trademark covered
by the agreement
Fee for the registration of changes to a registered license agreementor trademark assignment agreement50
Fee for the extension of the validity period of the registration of a
trademark or of a certificate for the right to use an appellation of
origin500WT/ACC/RUS/29
Page 12
Description of the fee Amount of the fee
(in US dollars)
Fee for the extension of the validity period of the registration of a
collective mark800
Additional fee for the granting of a period of 6 months in order to
extend the expired validity period of the registration or a trademark or
of a certificate for the right to use an appellation of origin50
Fee for the filing an appeal with the Higher Patent Chamber of
Rospatent against a decision of the Appellate Board taken on anobjection to:
- a decision to refuse to accept an application for a trademark or for
an appellation of origin as a result of a preliminary examination50
- a decision regarding an application for a trademark or for an
appellation of origin as a result of an examination of a declared sign200
- the registration of a trademark or an appellation of origin and the
issuance of a certificate for the right to use an appellation of origin, or
to the applicability on the territory of the Russian Federation of the
registration of a trademark or service mark of the former USSR300
Fee for the filing a request with the Higher Patent Chamber of
Rospatent for:
- the premature termination of a trademark registration on the grounds
other than protectability800
- considering the registered trademark as has become the common
designation for goods of a particular type1,600
- considering a trademark as well-known 1,600
Amounts Of Registration Fee In Foreign Currency Fo r Official Registration Of Software Programs,
Databases And Layout-Designs Of Integrated Circuits
Description of the fee Amount of the fee
(in US dollars)
For filing an application for the official registration of software
program, database, layout-designs of integrated circuits60
For introducing data into the register of software programs, register
of databases, layout-designs of integrated circuits15
For issuing a certificate on the registration of software program,
database, layout-designs of integrated circuits10
For publishing in the Agency bulletin information on the officially
registered software program, database, layout-designs of integrated
circuits15
For introducing amendments to the materials of the application for
the official registration prior to the publication in the Agency
Bulletin10
For issuing a certificate on registration in connection with the
introduction of amendments to the materials for the application for
registration20
For registration of the contract on full assignment of all the property
rights to the software program, database, layout-designs of
integrated circuits and publication of information on the registration
of the said contract.40WT/ACC/RUS/29
Page 13
Description of the fee Amount of the fee
(in US dollars)
For the registration of the contract on the transfer of property rights
to the registered software program, database and layout-designs of
integrated circuits30WT/ACC/RUS/29
Page 14
ANNEX 2
Law Enforcement
The information on enforcement of legislation in force on intellectual property is based on
statistical data summarizing the results of the activity of the relevant state executive and judicial
authorities in 1997 and during the first half of 1998.
Patents on inventions
1996 1997 1997 to 1995
%
Applications for patents filed with Rospatent directly 23,211 19,992 86.1
including those filed by national applicants 18,014 15,106 83.9
including those filed by foreign applicants 5,197 4,886 94.0
Applications filed under the PCT procedure with
designation of Russia 23,044 28,182 122.3
The number of applications filed under the PCT
procedure and entered the national phase 3,216 3,228 100.4
Total number of applications for patents 104.1
Granted patents on inventions, total 19,678 29,692 136.0
to national patent holders 16,489 25,644 155.5
to foreign patent holders 3,189 4,048 126.9
Valid patents on inventions by the end of the year 109,467 155,247 141.8
Industrial designs
1996 1997 1997 to 1996
%
Applications for industrial designs filed 1,266 1,302 93.5
by national applicants 994 929 93.5
by foreign applicants 272 373 137.1
Number of patents granted for industrial designs 1,136 937 82.5
Number of valid patents for industrial designs by the
end of the year 5,560 6,400 115.1
Trademarks and service marks
1996 1997 1997 to 1996
%
Filed applications for TMs and service marks, total 24,127 28,157 116.7
by national applicants 13,513 15,998 118.4
by foreign applicants 10,614 12,159 114.5
international registration 6,500 8,176 125.8
Trademarks and service marks registered, total 20,313 17,401 85.7
national applicants 10,108 8,249 81.6
foreign applicants 10,205 9,152 89.7
international registration 6,762 6,249 92.4WT/ACC/RUS/29
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Duration of examining the applications (in 1997, average)
inventions - 10.5 months (24 months in 1994);
industrial designs - 7 months (10.5 months in 1994);trademarks - 12 months (10 months in 1994).
Litigation
In 1997, there were considered 242 objections (in 1996 - 287) to decisions taken in respect of
applications and against granting titles of protection. As a result, 36 previously granted documents
were recognized as invalid (in 1996 - 15).
In 1997, 76 decisions of Rospatent were contested through judicial procedures (due to the fact
that the Higher Patent Board was established onl y in mid-1998). 75 decisions were sustained by the
court.
Civil proceedings
In 1997 courts of general jurisdiction determined 565 civil proceedings on protection of
intellectual property, including:
- resolutions made in 347 cases (273 cases sustained exacting the amount of 4,580,535,000
Rubles (hereinafter – non-denominated Rubles) including moral damage awards).
- revoked - 93 cases;
- dismissed -109 cases;
- filed with other courts - 16 cases.
During the first half of 1998 courts determined 205 proceedings, including:
- resolutions made in 148 cases (104 cases sustained exacting the amount of 2,262,487,000
Rubles including moral damage awards);
- revoked - 31 cases;
- dismissed - 20 cases;- filed with other courts - 6 cases.
Arbitration proceedings
The application of legislation on intellectual property by arbitration courts in the Russian
Federations is illustrated by the following:
Disputes on protection of intellectual property 1997 6 months of 1998
Considered 121 91
Total amount of claims, (Rubles) 42,534,000 15,552,000
Number of claims sustained 69 46
to the amount (Rubles) 7,512,000 525,000
Appealed in court 21 20
including overruled 8 2WT/ACC/RUS/29
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Note: The disputes are related to protection of tr ademarks, registration of trademarks, application of
the law on copyright and related rights, patent law and other laws on protection of intellectual
property.
Administrative proceedings
In 1997 courts have considered under Article 150-4 of the RSFSR Administrative Offence
Code (illegal use of copies of works or phonograms) administrative lawsuits against 883 individuals,
administrative penalties were incurred on 743 individuals, including 742 fined and 1 warned.
329 decisions on seizure of infringing goods were made.
In 1997 the Russian State Anti-Monopoly Committee brought 65 actions on unfair
competition with respect to infringement of exclusive rights. On results of investigation 43 orders on
termination of illegal actions were issued.
During the first half of 1998 the State Anti-Monopoly Committee brought 35 actions and 23
orders were issued.
Criminal proceedings
The Ministry of Internal Affairs mostly concentrated on revealing and suppressing crime, for
which the liability is stipulated in Articles 146, 147 and 180 of the Criminal Code of the RussianFederation.  Special attention was paid to revealing organized criminal groups, engaged in production
and distribution of infringing goods.
Thus, in 1997 the militia revealed 293 infringements of copyright and related rights implying
criminal liability, including: 91 completed with investigation, 30 filed with courts and 50 terminated.
During the first half of 1998 the militia revealed 425 crimes under Article 146, 16 crimes
under Article 147, and 267 crimes under Article 180 of the Criminal Code of the Russian Federation.
Infringing goods valued at over 400 million Rubles were seized by the militia. Criminal
actions were brought against 80 individuals.
Statistical data on court proceedings in 1997 show that no sentences were imposed  under
Article 146 of the Criminal Code of the Russian Federation.  Five individuals were convicted for
infringement of inventors’ and patent rights (A rticle 147 of the Criminal Code of the Russian
Federation), 73 individuals were convicted for illegal use of trademarks under part 1 of Article 180 of
the Criminal Code of the Russian Federation and 3 individuals - under part 2 of Article 180 of theCriminal Code of the Russian Federation).
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