IP/C/W/588  
 
15 April 2013  
(13-1957)  Page: 1/2  
Council for Trade-Related Aspects of 
Intellectual Property Rights  Original: English  
 
REVIEW OF LEGISLATION 
 
QUESTIONS POSED BY THE EUROPEAN UNION 
 
By means of a communication from the delegation  of the European Union, dated 2 April 2013, the 
Secretariat has received a copy of the following questions that it has communicated to the Russian 
Federation. 
 
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RUSSIAN FEDERATION  
IPR IN INFORMATION AND TELECOMMUNI CATION NETWORKS INCLUDING THE 
INTERNET 
We have been informed about a new legislative pr oposal by the Ministry of Culture titled "On 
Introduction of Amendments to Certain Legislative Acts of the Russian Federation for the Purpose 
of Elimination of Violations of Intellectual Property Rights in Information and Telecommunication 
Networks Including the Internet".   
 
1.  How will this proposal work together with the planned amendments to Part IV of the Civil Code?  
2.  What are the current intentions of the Russian government in respect of the liability of internet 
service providers? Do any of the measures notified or planned modify the commitment to take action against internet websites that promote illegal distribution? 
 
COLLECTIVE RIGHTS MANAGEMENT 
3.  Do any of the measures notified or planned,  modify the scope of rights that are subject to 
collective management as provided for in Article 1244 of the Civil Code?  
4.  Do these measures envisage expansion of the mandate of collective management 
organisations? 
5.  Do any of the measures notified or planned, modify the right under Article 1244 of the Civil 
Code, which ensures that the rights holder without a contract with a collective management organisation has the right to refuse its services? 
6.  Do any of the measures notified or planned involve those that would be intended to monitor 
and hold accountable organizations engaged in coll ective management of rights to ensure that 
rightholders receive remuneration that is due to them? 
7.  Is the Russian Federation following up on its commitment to review its system of collective 
management of rights in order to eliminate non-contractual management of rights within five 
years after Part IV of the Civil Code entered into effect (2008)? IP/C/W/588 
 
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PRIVATE COPYING 
8.  Do any of the measures notified or planned modify the scope of "private copy" concept as 
defined in Article 1273 of the Civil Code? 
THE MONETARY THRESHOLD IN CRIMINAL PROCEDURES AND PENALTIES REGARDING 
COPYRIGHT PIRACY 
9.  Do any of the measures notified or pla nned provide guidance on the application of the 
monetary threshold for application of criminal pr ocedures and penalties with regard to copyright 
piracy, in order to reflect realities of the commercial market, notably regarding the internet market? 
THE NEW DRAFT SEED LAW 
It seems that a new draft seed law is being prepared in Russia. The issue is currently dealt with by 
the Federal Law on the Protection of Selection Achievements of August 6, 1993. This new law, 
regarding plant variety protection would introduce the so-called agricultural exemption which is an 
optional exemption under Article 15(2) of the UP OV 1991 Convention. Under such an exemption a 
farmer is allowed to use the product of his harvest for further propagating purposes of a protected 
variety without the authorization of the title holder but against a reasonable remuneration. 
Nevertheless, pursuant to the recommendation on Article 15(2), annexed to the UPOV Convention, 
such an exemption can be introduced only to the extent as such use has been common practice in the given country, i.e. only for certain crops and for one generation.  
It appears that the plan is to introduce such an exemption without any limits, meaning that for all 
crops and for several generations. This seems not to be in line with the UPOV 1991 Convention to which Russia is a contracting party.  
 
10.  Could we receive a detailed explanation as to the rationale behind the new law? 
THE LAW ON THE CIRCUL ATION OF MEDICINES 
11.  Please explain how Article 18.6 of the Law on Circulation of Medicines is currently applied in 
Russia, e.g., is the six-year term of protection currently in force or does it require additional 
guidelines or other implementing measures?  
12.  If it is in force, could you explain the process used to provide this protection? 
13.  Please explain the relationship of Article 18.6 with Article 26 of the Law on Circulation of 
Medicines, which allows for the accelerated review of generic applications.  
14.  What are the measures being taken in order to avoid legal uncertainty that is created by lack 
of clarity regarding data protection? 
GEOGRAPHICAL INDICATIONS (GIS) 15.  Where does the Russian notion of appellation s of origin (AOs) stand with respect the TRIPS 
concept of GIs? 
 16.  Please explain, how the generic use of EU ge ographical indications in the draft Customs Union 
Technical Regulation on Safety of Alcoholic Products  is in line with the protection provided to those 
terms under TRIPS rules? 
 
 
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