IP/N/1/RUS/O/2/Add.2  
 
10 September 2014  
(14-5117)  Page: 1/45  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
RUSSIAN FEDERATION  
Addendum 
The present document reproduces the text1 of Federal Law No. 35-FZ of 12 March 2014, 
containing amendments to its Civil Code, as notified by the Russian Federation on 29 August 2014 under Article 63.2 of the Agreement (see document IP/N/1/RUS/1/Add.2). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
FÉDÉRATION DE RUSSIE 
Addendum 
Le présent document contient le texte1 de la Loi fédérale n° 35-FZ du 12 mars 2014 portant 
modification du Code civil, notifié par la Fédération de Russie le 29 août 2014 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/RUS/1/Add.2).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
F
EDERACIÓN DE RUSIA 
Addendum 
En el presente documento se reproduce el texto1 de la Ley Federal N° 35-FZ de 12 de marzo 
de 2014 sobre las modificaciones del Código Civil, notificado por la Federación de Rusia el 29 de 
agosto de 2014 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/RUS/1/Add.2). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/RUS/O/2/Add.2 
 
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  FEDERAL LAW 
NO. 35-FZ OF MARCH 12, 2014 
ON AMENDING PARTS ONE, TWO AND FOUR OF THE CIVIL CODE OF THE RUSSIAN 
FEDERATION AND CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION 
 
Adopted by the State Duma on February 25, 2014  Endorsed by the Federation Council on March 5, 2014  
 
Article 1   
Article 358.18 with the following content shall be added to Subparagraph 2 of Paragraph 3 of 
Chapter 23 of the Civil Code of the Russian Fe deration (Sobranie Zako nodatelstva Rossiyskoy 
Federatsii, 1994, No. 32, Article 3301; 2003, No. 2, Article 167; 2005, No. 1, Article 39; 2007, 
No. 27, Article 3213; No. 31, Article 3993; No. 41, Article 4845; 2009, No. 1, Article 14; 2011, No. 50, Article 7347; 2013, No. 51, Article 6687): 
 
"Article 358.18 .  Pledge of Exclusive Rights 
1. The exclusive rights to the results of intell ectual activities and to the individualisation 
means of legal entities, goods, works, services and enterprises equated to them (Item 1 of 
Article 1225) may be the subject of pledge, insofar as the rules of this Code permit their alienation. 
2. The state registration of the pledge of excl usive rights shall be effected in compliance 
with the rules of Section VII of this Code. 
3. The general provisions on pledge (Articles 334-356) shall apply to an agreement on the 
pledge of the exclusive right to a result of intellectual activities or to an individualization means, 
while to an agreement on the pledge of rights under  an agreement on alienation of exclusive rights 
and under a licence (sublicence) agreement shall apply the provisions on the pledge of contractual rights (Articles 358.1-358.8), as not otherwise established by this Code and does not result from 
the content or nature of appropriate rights. 
4. Under an agreement on the pledge of the ex clusive right to the result of intellectual 
activities or to an individualization means the pledger within the validity term of this agreement is entitled without the pledgee's consent to use such  result of intellectual activities or such 
individualisation means and to dispose of an exclusive right to such result or to such means, 
except for the instance when the exclusive right is  alienated, if not otherwise provided for by an 
agreement. The pledger is not entitled to alienate  an exclusive right without the pledgee's consent, 
if not otherwise provided for by an agreement." 
 
Article 2   
The following amendments shall be made to Part Two of the Civil Code of the Russian 
Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 5, Article 410; 2006, No. 52, Article 5497): 
1) in Part One of Article 727 the words "that can be regarded as a commercial secret 
(Article 139)" shall be replaced by the words "in respect of which the holder thereof has 
established the conditions of a commercial secret"; 
2) Item 2 of Article 1028 shall be stated in the following wording: 
"2. The provision of the right to apply in the user's business activities a set of the exclusive 
rights held by the right holder under a contract of commercial concession is subject to the state registration with the federal executive power body in  charge of intellectual property matters. If the 
requirement for the state registration is not satisf ied, the provision of the right shall be deemed 
frustrated."; 
3) in Paragraph Two of Item 2 of Article 1031 th e word "contract" shall be replaced by the 
words "provision of the right to apply in the user's business activities a set of the exclusive rights 
held by the right holder under the contract". 
 
Article 3   
T h e  f o l l o w i n g  a m e n d m e n t s  s h a l l  b e  m a d e  t o  P a r t  F o u r  o f  t h e  C i v i l  C o d e  o f  t h e  R u s s i a n  
Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2006, No. 52, Article 5496; 2008, No. 27, Article 3122; No. 45, Article 5147; 2010, No. 8, Article 777; No. 9, Article 899; No. 41, 
Article 5188; 2011, No. 50, Article 7364; 2013, No. 27, Articles 3477, 3479; No. 30, Article 4055): 
1) in Article 1227: a) in the title thereof the words "the Right of Ownership" shall be replaced by the words 
"Real Rights"; IP/N/1/RUS/O/2/Add.2 
 
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  b) in Item 1 after the words "the right of ownership" shall be added the words "and other 
real rights"; 
c) in Item 2 the words "Item 2 of Article 1291"  shall be replaced by the words "Paragraph 
Two of Item 1 of Article 1291"; 
d) Item 3 with the following content shall be added hereto: 
"3. The provisions of Section II of this Code shall not apply to intellectual rights, if not 
otherwise established by the rules of this section."; 
2) in Article 1229: 
a) Item 3 shall be stated in the following wording: "3. Where the exclusive right to the result of an intellectual activity or means of 
individualisation is jointly held by several persons, each of the right holders may use such result or 
such means at the own discretion thereof, unles s otherwise envisaged by the present Code or 
agreement between the right holders. Relationships between the persons jointly holding the exclusive right shall be defined by an agreement between them. 
The right holders shall jointly dispose of the ex clusive right to the result of intellectual 
activities or to the means of individualization, if not otherwise provided for by this Code or by an agreement between the right holders. 
The incomes derived from the joint use of the result of an intellectual activity or means of 
individualisation or from the joint disposal of the exclusive right to such result or such means shall be distributed to all right holders in equal parts,  except as otherwise envisaged by an agreement 
between them. 
Each of the right holders is entitled independently to take measures aimed at the protection 
of the rights thereof to the result of an intellectual activity or to the means of individualization."; 
b) Item 4 shall be stated in the following wording: 
"4. Where it is provided for by Item 3 of Ar ticle 1454, Item 2 of Article 1466 and Item 2 of 
Article 1518 of the present Code, independent exclus ive rights to one and the same result of an 
intellectual activity or one and the same means of  individualisation may be simultaneously held by 
different persons."; 
3) Article 1231.1 with the following content shall be added hereto: 
 
"Article 1231.1 . The Objects Including Official Symbols, Denominations and Distinction 
Marks 
1. As legally protected in the same way as an industrial design or individualisation means 
shall not be deemed the objects including, reproducing or imitating official symbols, denominations 
and distinction marks or recognizable parts thereof: 
1) the state symbols and signs (flags, emblems, orders, currency notes and the like); 2) shortened or full denominations of international and non-governmental organisations, 
their flags, emblems, other symbols and signs; 
3) official control, guarantee or assay marks, stamps, awards and other distinction marks. 2. The official symbols, denominations and distinction marks cited in Item 1 of this article, 
their recognisable parts or simulations may be included into an industrial design or 
individualisation means as a non-protected element where there is the consent to it of an 
appropriate authorized state body, the body of an international or intergovernmental organisation."; 
4) in Article 1232: 
a) paragraphs with the following content shall be added to Item 1: "The right holder is bound to notify accordingly the federal executive power body in charge 
of intellectual property and the federal executive power body in charge of selection achievements 
(Article 1246) about changes in the data related to  the state registration of the result of an 
intellectual activity or individualization means: denomination or name, place of location or residence and postal address. The risk of unfavo urable effects, if such notification of an 
appropriate federal executive power body has not been made or unreliable data has been 
presented, shall be borne by the right holder. 
The federal executive power body in charge of intellectual property and the federal executive 
power body in charge of selection achievemen ts may change the data related to the state 
registration of the result of an intellectual activity or means of individualization for correcting evident and technical errors on their own initiative  or at the request of any person after having 
notified the right holder of it."; 
b) Item 3 shall be stated in the following wording: "3. The state registration of alienation of the exclusive right to the result of an intellectual 
activity or individualisation means under a contract, the state registration of the pledge of this IP/N/1/RUS/O/2/Add.2 
 
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  right, as well as the state registration of granting  the right to use such result or such means under 
a contract, shall be effected on the basis of an application of the parties to the contract. 
An application may be filed by the parties to a contract or by one of the parties to a 
contract. In the event of filing an application by  one of the parties to a contact, the application 
shall have attached thereto one of the following documents at the applicant's choice: 
a notice about the effected disposal of the exclusive right signed by the parties to the 
contract; 
an extract from the contract certified by a notary; 
the contract proper. The following shall be cited in the application of the parties to the contract or in the 
document attached to an application of one parties to the contract: 
kind of the contract; 
data on the parties to the contract; the subject matter of the contract citing the number of the documents certifying the 
exclusive right to the result of an intellectual activity or to an individualization means. 
In the event of the state registration of the pr ovision of the right to use the result of an 
intellectual activity or individualization means, along with the data cited in Paragraphs Seven-Nine 
of this item, the following shall be mentioned in an application of the parties to the contract or in 
the document attached to an application of one of the parties to the contract: 
the contract's validity term, if such term is fixed by the contract; the territory in which the right to use the result of an intellectual activity or individualization 
means, if the territory is fixed by the contract; 
the ways of using the result of an intellectual activity or the goods and services in respect of 
which the right to use the individualization means is granted; 
the availability of the consent to granting the right to use the result of an intellectual activity 
or individualisation means under a sublicence contract, if the consent is given; 
the possibility of the unilateral dissolution of the contract. 
In the event of the state registration of the pled ge of the exclusive right, along with the data 
cited in Paragraphs Seven-Nine of this item, the following shall be cited in an application of the parties to the contract or in the document attached to an application of one of the parties to the contract: 
the validity term of the contract of pledge; 
the limitation of the pledger's right to use the result of an intellectual activity or 
individualization or to dispose of the exclusive right to such result or to such means."; 
c) in Item 4 the words "or means of individualization" shall be deleted; 
d) Item 6 shall be stated in the following wording: 6. In the event of non-observance of the requirem ent for the state registration of transfer of 
the exclusive right to the result of an intellec tual activity or individualization means under a 
contract of alienation of the exclusive right or without a contract, of the pledge of the exclusive 
right or granting to another person the right to use such result or such means under a contract, the transfer of the exclusive right, its pledge or  granting the right to use it shall be deemed 
unaccomplished. 
5) Item 5 of Article 1233 shall be stated in the following wording: "5. The right holder may make publicly, that is, by way of notifying an indefinite circle of 
persons, an announcement about providing to any person an opportunity to use free-of-charge the 
work of science, literature or arts or the object  of allied rights possessed by him under the terms 
defined by the right holder and within the time period fixed by him. Within the cited time period 
any person is entitled to use the given work or the given object of allied rights under the terms 
defined by the right holder. 
The announcement shall be made by way of inserting it on the official Internet site of a 
federal executive power body. The federal executive power body responsible for inserting the cited 
announcements, as well as a procedure for and terms of their insertion, shall be defined by the 
Government of the Russian Federation. 
The announcement shall contain the data enabling to identify the right holder and the work 
or object of allied rights possessed by him. 
If the right holder's announcement does not specify the term, the cited term shall be 
deemed as being equal to five years. 
If the right holder's announcement does not spec ify the territory, it shall be deemed that it 
is the territory of the Russian Federation. 
Within the validity term the announcement may not be withdrawn and the terms of use 
provided for by it may not be restricted. IP/N/1/RUS/O/2/Add.2 
 
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  The right holder has no right to make the cite d actions where there is an effective licence 
agreement under which the exclusive licence to use a work or object of allied rights is granted within the same limits. If the right holder makes the cited actions in the presence of an effective licence agreement under which the onerous non-exclusive licence to use a work or object of allied 
rights is granted within the same limits, the operation of such agreement shall be terminated. The 
right holder that has made an appropriate announcement in the presence of an effective licence agreement shall compensate for the losses caused to the licencee. 
The author or any other right holder, if the exclusive right to a work or object of allied rights 
has been violated by the wrongful insertion of the announcement made in compliance with this item is entitled to apply against the violator the measures of protection of the exclusive right in 
compliance with Article 1252 of this Code. 
The provisions of this item shall not apply to open licences (Article 1286.1)."; 
6) in Article 1234: a) Item 2 shall be stated in the following wording: 
"2. The contract of alienation of the exclusive right shall be made in writing. The non-
observance of the written form thereof shall cause the invalidity of the contract. 
The transfer of the exclusive right under an agr eement is subject to the state registration in 
the instances and in the procedure which are provided for by Article 1232 of this Code."; 
b) a paragraph with the following content shall be added to Item 3: "The payment of remuneration under a contract of alienation of the exclusive right may be 
provided in the form of fixed one- time or periodical payments, interest deductions from the income 
(proceeds) or in some other form."; 
c) Item 3.1 with the following content shall be added hereto: "3.1. It is not allowed to alienate gratuitously an exclusive right in the relations between 
profit-making organisations, if not ot herwise provided for by this Code."; 
d) Item 4 shall be stated in the following wording: "4. The exclusive right to the result of an intellectual activity or individualization means shall 
be transferred from the right holder to the acquirer at the time when a contract of alienation of the 
exclusive right is made, if not otherwise provided  for by an agreement of the parties. If the 
transfer of an exclusive right under a contract of alienation of the exclusive right is subject to the 
state registration (Item 2 of Article 1232), the exclus ive right to such result or such means shall be 
transferred from the right holder to the acquirer at the time of the state registration."; 
e) Paragraph Two of Item 5 shall be stated in the following wording: "If the exclusive right has not been transferred to the acquirer, then, if he has essentially 
failed to execute his duty to pay the fee for the acquisition of the exclusive right within the term 
set by the contract, the right holder may waive the contract unilaterally and claim for payment of damages due to the rescission of the contract. The co ntract shall be terminated upon the expiry of 
30-day term as from the time of receiving by the acquirer a notice of the contract's renunciation, if 
within this time period the acquirer did not di scharge the duty of paying the remuneration."; 
7) in Article 1235: a) Item 2 shall be stated in the following wording: 
"2. The licence agreement shall be made in writing, if not otherwise established by this 
Code, Failure to observe the written form thereo f shall entail a licence agreement's invalidity. 
Granting of the right to use the result of an intellectual activity or individualization means 
under a licence agreement is subject to the state re gistration in the instances and in the procedure 
which are provided for by Article 1232 of this Code."; 
b) a paragraph with the following content shall be added to Item 5: 
"The payment of remuneration under a licence agreement may be provided in the form of 
fixed one-time or periodical payments, interest deductions from the income (proceeds) or in some other form."; 
c) Item 5.1 with the following content shall be added hereto: 
"5.1. It is not allowed to grant gratuitously the right to use the result of an intellectual 
activity or individualization means in relations between profit-making organisations in the territory all over the world and within the whole time period  while an exclusive right is effective under the 
terms of the exclusive licence, if not otherwise established by this Code."; 
d) in Subitem 1 of Item 6 the words "and the date of issue" shall be deleted; 8) Item 1.1 with the following content shall be added to Article 1236: 
"1.1 The licencee is not entitled to use himself the results of an intellectual activity or 
individualization means within the limits in which the right to use such result or such individualization means is granted to the licencee in compliance with a contract under the terms of an exclusive licence, if not otherwise provided for by this contract."; IP/N/1/RUS/O/2/Add.2 
 
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  9) in Article 1237: 
a) Item 1 shall be stated in the following wording: "1. The licencee is bound to submit to the licenc or reports on the use of the result of an 
intellectual activity or individualization means, if not otherwise provided for by a licence agreement 
or this Code. If in a licence agreement providing for the submission of reports on the use of the 
result of an intellectual activity or individualiz ation means there are no terms concerning the time 
of and procedure for submitting them, the licencee is bound to submit such reports to the licencor 
at the request thereof."; 
b) Item 4 shall be stated in the following wording: "4. If the licensee fails to execute his duty to  pay to the licensor the fee for granting the 
right to use the result of an intellectual acti vity or individualization means, the licensor may 
unilaterally waive the licence contract and claim pa yment of the losses caused by the rescission of 
the contract. The contract shall be terminated upon  the expiry of a 30-day term as from the time 
of receiving a notice of the contract's renunciation, if within this time period the licencee did not 
discharge the duty of paying the remuneration."; 
10) in Paragraph One of Item 1 of Article 1240 the words "comprehensive technology" shall 
be replaced by the words "database"; 
11) in Article 1243: 
a) Item 1 shall be stated in the following wording: "1. An organisation managing rights on a collective basis shall conclude licence contracts 
with users for the provision to them of the rights transferred by right holders to the organisation 
for management concerning the relevant manner of using the objects of copyright and allied rights 
on the terms of an ordinary (non-exclusive) licenc e and collect fees from the users for the use of 
these objects. In cases when objects of copyright and allied rights according to the present Code 
may be used without the right holder's consent but with a fee paid thereto, the organisation 
managing rights on a collective basis shall conclude contracts with users or with other persons, which are charged under this Code with the duty of  paying assets for payment of fees, on payment 
of a fee and collect funds for the purpose. 
The organisation managing rights on a collective basis is not entitled to refuse to conclude a 
contract with a user without a sufficiently good reason."; 
b) Item 6 with the following content shall be added hereto: 
"6. Failure of the organisation managing rights on a collective basis to the pay a fee 
collected for the right holder as a result of violation by it of the procedure for the rights management established by this Code shall entail taking in respect of this organisation the 
measures of protection of an exclusive right in compliance with Article 1252 of this Code."; 
12) Subitems 1 and 2 of Item 1 of Article 1244 shall be stated in the following wording: "1) managing the exclusive rights to published musical works (with or without a text) and 
segments of dramatic-musical works in respect of  the public performance thereof, broadcast or 
cable transmission, including re-transmission (Subitems 6-8.1 of Item 2 of Article 1270); 
2) exercising the rights of the authors of the musical works (with or without a text) used in 
an audiovisual work to receive a fee for the public  performance or broadcast or cable transmission 
of such audiovisual work (Item 3 of Article 1263); 
13) Article 1246 shall be stated in the following wording:  
Article 1246.  The State Regulation of Relationships in the Area of Intellectual Property 
1. Where it is envisaged by the present Code, the enactment of normative legal acts for the 
purpose of regulating relationships in the area of intellectual property which relate to objects of 
copyright and allied rights shall be the respon sibility of the authorised federal executive 
governmental body charged with normative legal re gulation in the area of copyright and allied 
rights. 
2. For the purpose of regulation of the relationsh ips in the area of intellectual activity which 
are connected with inventions, utility models, industrial designs, computer programmes, 
databases, integrated circuit layout-designs, trademarks and service marks and the appellation of the origin of goods the authorised federal executive governmental body charged with normative 
legal regulation in the area of intellectual pr operty shall endorse the forms of the documents 
(requests, applications, rejoinders, petitions and so on) serving as a ground for making the actions relevant in law which are cited in Item 3 of this article, shall establish the rules for drawing up and 
filing the cited documents, the rules and procedure for their consideration, including the criteria for 
adoption of decisions on the basis of the results of  consideration of the cited documents, as well as 
shall issue other regulatory legal acts where it is provided for by this Code. 
3. The legally-significant actions of the state registration of inventions, utility models, 
industrial designs, computer programmes, databases, integrated circuit layout-designs, IP/N/1/RUS/O/2/Add.2 
 
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  trademarks and service marks and the appellation of origin of goods, including the acceptance and 
expert examination of relevant applications, of the issuance of patents and certificates proving the exclusive right of their right holders to the said  results of intellectual activity and means of 
individualisation, and in the cases envisaged by a law, also other actions relating to the legal 
protection of the results of intellectual activity  and means of individualization, shall be committed 
by the federal executive governmental body charged with intellectual property matters. Where it is envisaged by Articles 1401-1405 of the present Co de, the actions mentioned in the present item 
may be also committed by the federal executiv e governmental bodies authorised by the 
Government of the Russian Federation. 
4. In respect of breeding achievements the functions specified in Items 2 and 3 of the 
present article shall be carried out by the authorised federal executive governmental body changed 
with normative legal regulation in the area of ag riculture, and the federal executive governmental 
body charged with breeding achievements respectively. 
5. T h e  G o v e r n m e n t  o f  t h e  R u s s i a n  F e d e r a t i o n  i s  entitled to establish the rates of, and a 
procedure and term for paying out, an emolum ent for work-for-hire inventions, work-for-hire 
useful models and work-for-hire industrial design s. The cited rates, procedure for and term shall 
apply, if the employer and the employee has not ma de the agreement fixing the rate, terms of and 
a procedure for paying a fee for a work-for-hire invention, work-for-hire useful model and work-
for-hire industrial design. 
6. T h e  G o v e r n m e n t  o f  t h e  R u s s i a n  F e d e r a t i o n  is entitled to establish minimum rates, a 
procedure for collecting, distributing and paying out a fee for specific types of using works, 
performances and phonograms, if under law such resu lts of intellectual activities are used with the 
consent of their right holders and with payment of a fee. 
The Government of the Russian Federation is en titled to establish the rates of remuneration, 
a procedure for collection, distribution and payment of fees for the use of works, performances and 
phonograms, if under law such results of intellectual activities are used without the consent of their right holders but with payment of a fee thereto"; 
14) in Article 1247: 
a) in Item 1 the words "concerned" shall be deleted; b) in Item 2: in Paragraph Two the word "concerned" shall be deleted; 
in Paragraph Three the words "issued by the applicant, right holder or other person 
concerned" shall be deleted; 
15) in Item 3 of Article 1248 the words "and by a patent disputes chamber set up under it" 
shall be deleted; 
16) in Item 1 of Article 1249 the words "and of contracts on disposing of such rights" shall 
be replaced by the words ", the state registration  of the pledge of these rights and granting the 
right to use the results of an intellectual activity and individualisation means under a contract"; 
17) Article 1250 shall be stated in the following wording:  "Article 1250.  The Protection of Intellectual Rights 
1. Intellectual rights shall be protected by th e remedies envisaged by the present Code, with 
account taken of the essence of the right violated and of the consequences of the infringement of 
the right. 
2. The remedies set out in the present Code for intellectual rights shall be applicable at the 
request of right holders, organisations managing rights on a collective basis, and also other persons where it is established by law. 
3. The measures of responsibility for breaching in tellectual rights provided for by this Code 
are subject to application where there is the infringer's fault, if not otherwise established by this Code. 
The absence of guilt shall be proved by the person that has infringed upon intellectual 
rights. 
If not otherwise established by this Code, the measures of responsibility for infringement 
upon intellectual rights by the infringer in the exercise of business activities by him, which are 
provided for by Subitem 3 of Item 1 and Item 3 of Article 1252 of this Code, are subject to 
application irrespective of the infringer's fault, if such person does not prove that the infringement of intellectual rights is the result of an act of Good, that is, of the extraordinary circumstances that 
could not be prevented under the given conditions. 
4. The person against which the measures of protection of intellectual rights provided for by 
Subitems 3 and 4 of Item 1 and Item 3 of Arti cle 1252 of this Code have been taken in the 
absence of quilt thereof is entitled to make a cl aim of exoneration for compensation of the suffered 
losses, including the amounts paid to third persons. IP/N/1/RUS/O/2/Add.2 
 
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  5. The absence of the infringer's guilt shall not relieve him of the duty to terminate 
infringement upon intellectual rights, as well as shall not exclude taking in respect of the infringer such measures as publication of the court decision  on the infringement made (Subitem 5 of Item 1 
of Article 1252), suppression of the actions breaki ng the exclusive rights to the result of an 
intellectual activity or individualization means or  posing the threat of such right's infringement 
(Subitem 2 of Item 1 of Article 1252), confiscation  and destruction of counterfeit material media 
(Subitem 4 of Item 1 of Article 1252). The cited acti ons shall be made at the infringer's expense.". 
18) in Item 2 of Article 1251 the words "Item 3 of Article 1295" shall be replaced by the 
words "Item 4 of Article 1295"; 
19) in Article 1252: a) Item 1 shall be stated in the following wording: 
"1. The intellectual rights to the results of inte llectual activities and individualization means 
shall be protected, in particular, by way of making  in the procedure provided by this Code claims 
for the following: 
1) recognition of the right: against a person that denies or otherwise does not recognise the 
right and by doing so violates the interests of the right holder; 
2) suppressing the actions that infringe the right or create the threat of infringement 
thereupon: against the person committing such actions or making necessary preparations for such 
actions, as well as against other persons that can suppress such actions;; 
3) payment of damages: against the person that has illegally used the result of intellectual 
activity or means of individualisation without conc luding an agreement with the right holder (use 
without a contract) or otherwise has violated the right holder's exclusive right and inflicted a 
damage thereon, in particular has violated the ri ght thereof to a fee provided for by Article 1245, 
Item 3 of Article 1263 and Article 1326 of this Code; 
4) seizure of a material medium in accordance with Item 4 of the present article: against its 
manufacturer, importer, keeper, carrier, seller, another distributor or non-bona fide acquirer; 
5) publication of a court decision on the infringement committed with reference to the actual 
right holder: against the violator of the exclusive right."; 
b) Item 2 shall be stated in the following wording: "2. By way of securing a claim in a case of infringement on an exclusive right the security 
measures adequate to the extent and nature of an offence established by the procedural 
legislation may be taken, including the imposition of arrest upon the material media, equipment 
and materials, prohibition to make the appropriate actions in information-telecommunication networks, if in respect of such material media, equipment and materials or in respect of such 
actions the assumption has been made about violation of the exclusive right to the result of an 
intellectual activity or individualisation means."; 
c) Paragraph Three of Item 3 shall be stated in the following wording: 
"Where a single action has violated the rights to several results of an intellectual activity or 
individualization means, the rate of compensation shall be determined by court for each wrongfully 
used result of intellectual activities or individualization means. With this, if the rights to the appropriate results or individualization means are held by the same right holder, the total amount 
of compensation for violation of the rights to them subject to the nature and effects of the 
violation may be reduced by court below the limit fixed by this Code but may not be less than 50 
per cent of the amount of the minimum rates of all compensations for the violations made."; 
d) Item 6 shall be stated in the following wording: 
"6. If various means of individualisation (a firm name, trademark, service mark or 
commercial name) turn out to be identical or similar to the point of confusion, and as a result of 
this identity or similarity consumers and/or parties under a contract may be misled, then 
preference shall be given to the means of individualisation in respect of which the exclusive right came into being earlier or, in the event of estab lishing the convention or exhibition priority, the 
individualization means with the earlier priority. 
If an individualisation means or industrial design turn out to be identical or similar to the 
point of confusion, and as a result of this identity or similarity consumers and/or parties under a contract may be misled, then preference shall be given to the means of individualization or 
industrial design in respect of which the exclusive right came into being earlier or, in the event of 
establishing the convention, exhibition or other priority, the individualization means or industrial design with the earlier priority. 
The holder of such exclusive right in the proc edure established by this Code may claim for 
declaring invalid the provision of legal protection  to a trade mark or service mark, for declaring 
invalid the patent on the industrial design or the fu ll or partial ban on the us e of the firm's name or 
commercial designation. IP/N/1/RUS/O/2/Add.2 
 
- 9 - 
 
  For the purposes of this item the pa rtial ban shall mean the following: 
in respect of a firm's name - a ban on its use in definite kinds of activities; 
in respect of a commercial designation - a ban on its use within the limits of a definite 
territory and/or in a definite kinds of activities."; 
e) Item 6.1 with the following content shall be added hereto: 
"6.1. Where the same violation of the exclusive righ t to the result of an intellectual activity 
or individualization means is made by joint action s of several persons, such persons shall be held 
jointly liable with respect to the right holder."  
20) Article 1253 shall be stated in the following wording:  "Article 1253 . Liquidation of a Legal Entity and Termination of the Activities of an 
Individual Businessman in Connection with Violation of Exclusive Rights 
If a legal entity several times or grossly infr inges the exclusive rights to the results of 
intellectual activity and means of individualisation, a court may take a decision in accordance with 
Item 2 of Article 61 of the present Code on liq uidating the legal entity at the demand of a 
prosecutor. If such infringements are committed by a citizen in the exercise by him/her of the activities as an individual businessman, the activiti es thereof as an individual entrepreneur may be 
terminated by a court decision or judgment in the pr ocedure established by law, if he/she is guilty 
of violating the exclusive rights."; 
21) in Article 1254 the words ", 1252 and 1253" shall be replaced by the words "and 1252"; 22) in Item 3 of Article 1255 the words "for the use of a service work" shall be replaced by 
the words "for a service work"; 
23) in Article 1257 the second sentence shall be stated in the following wording: "The 
person cited as an author on the original or a copy of a work or in some other way in compliance 
with Item 1 of Article 1300 shall be deemed its author, except as otherwise proven."; 
24) in Paragraph One of Item 2 of Article 1260, after the word "database," shall be added 
the words "Internet site,"; 
25) in Article 1262: 
a) Paragraph Five of Item 2 shall be declared invalidated; b) in Paragraph Two of Item 3 the words "the publication of the information in the 
publication" shall be replaced by the words "the time of the state registration of a computer 
programme or database"; 
c) Item 5 shall be stated in the following wording: "5. The transfer of the exclusive right to a computer programme or database to other 
person on a contractual basis or without a contract  is subject to the state registration with the 
federal executive governmental body charged with intellectual property matters."; 
d) Item 5.1 with the following content shall be added hereto: 
"5.1. On the basis of the right holder's applicat ion the federal executive power body charged 
with intellectual property matters shall make the amendments related to the data on the right holder and/or the author of a computer programme or database, in particular to the right holder's 
denomination or name, the place of location or residence thereof, the author's name or postal 
address, as well as the amendments connected wi th correction of evident and technical mistakes 
in the Register of Computer Programmes or the Re gister of Databases and in the state registration 
certificate. 
The federal executive power body charged with intellectual property matters may make 
amendments connected with correction of eviden t and technical mistakes in the Register of 
Computer Programmes or the Register of Databases on its own initiative or at the request of any 
person having preliminary notified the right holder of it. 
The federal executive power body charged with intellectual property matters shall publish in 
the official bulletin data on the amendments made  in the Register of Computer Programmes or the 
Register of Databases."; 
26) in Article 1263: 
a) Item 3 shall be stated in the following wording: "3. In the event of a public performance or broadcasting or cable transmission of an 
audiovisual work, the authors of a musical work (with or without a text) used in the audiovisual 
work shall retain a right to a fee for the said types of use of their musical work."; 
b) Item 4 shall be stated in the following wording: 
"4. The rights of the manufacturer of an audi ovisual work, i.e. of the person that has 
organised the creation of the work (producer), shall be defined in accordance with Article 1240 of the present Code. IP/N/1/RUS/O/2/Add.2 
 
- 10 - 
 
  The manufacturer shall hold the exclusive right to  an audiovisual work on the whole, if not 
otherwise results from the contracts made by him/her with the authors of the audiovisual work which are cited in Item 2 of this article. 
The manufacturer in case of any kind of use of an audiovisual work is entitled to cite the 
name or denomination thereof or to demand such citing. If not otherwise proven, as the 
manufacturer of an audiovisual work shall be deemed the person whose name or denomination is cited on this work in a traditional way."; 
27) Item 3 with the following content shall be added to Article 1266: 
"3. Where it is provided for by Item 3 of Ar ticle 1233 and Item 2 of Article 1286.1 of this 
Code, the author may give the consent thereof to making in future changes, abbreviations and additions in the work thereof, if it is caused by a need for it (correction of mistakes, specification 
or supplementation of factual data and the like) on condition that it does not distort the author's 
tendency and does not break the integrity of the work's perception."; 
28) Article 1269 shall be stated in the following wording: 
 
"Article 1269 . Right of Withdrawal 
1. The author is entitled to waive the decision on promulgation of a work taken earlier (the 
right of withdrawal) before its actual promulgation, on condition that compensation is provided to 
the person to which the exclusive right to the work has been alienated or to which the right to use the work has been granted for the damage caused by the decision. 
2. The rules of the present article are not a pplicable to computer programmes, service 
works and the works incorporated into a complex object (Article 1240)."; 
29) in Item 2 of Article 1270: a) Subitem 1 shall be stated in the following wording: 
"1) the reproduction of the work, i.e. the manufacture of one and more copies of the work or 
a part thereof in any material form, including in the form of a audio or video recording, the manufacture of one and more three-dimensional co pies of a two-dimensional work and of one and 
more two-dimensional copies of a three-dimensional work. In this case, a recording of the work on 
an electronic medium, including saving in a computer memory, shall also be deemed reproduction. As reproduction shall not be deemed a short-term  recording of a work which is of temporary or 
accidental nature and is an integral and significan t part of a technological process solely intended 
for the legal use of a work or is the transfer of a work in an information telecommunication 
network between third persons by an informatio n broker, provided that such record has no 
independent economic importance;"; 
b) in Subitem 7 the words "(including the show or performance thereof)" and the words 
"(including retransmission)" shall be deleted; 
c) in Subitem 8 the words "(including retransmission)" shall be deleted; 
d) Subitem 8.1 with the following content shall be added hereto: 
"8.1) retranslation, that is, the reception and simultaneous transmission (in particular 
through a satellite) or via cabling of a full and unchanged radio or television broadcast or an essential part thereof which is aired or transmitte d via cabling by an organisation engaged in on-
air or cable broadcasting;"; 
30) in Article 1272 the words "a legally published work" shall be replaced by the words "a 
work that legally"; 
31) in Item 1 of Article 1273: 
a) the words ", except as provided for by Article 1280 of this Code" shall be added to 
Subitem 2; 
b) Subitem 4 shall be stated in the following wording: 
"4) the reproduction of books (in full) and musical notation texts (Article 1275), that is the 
facsimile reproduction with the help of technical facilities for the purposes other than publication;"; 
32) in Article 1274: 
a) in Item 1: 
Subitem 1 shall be stated in the following wording: "1) quoting in the original and in a translation for scientific, discussion, critical, information 
and educational purposes, for the purpose of disclosing the author's creative design legally 
promulgated works within the scope justified by  the purpose of the quotation, including the 
reproduction of excerpts from newspaper and maga zine articles in the form of press reviews;"; 
Subitems 3-6 shall be stated in the following wording: 
"3) reproducing in a periodical print and subsequent  distribution copies of this edition, on-air 
or cable reports, bringing to public knowledge of the articles legally published in periodical prints on current economic, political, social and religious issues or broadcast works of the same nature, 
or works of the same nature broadcast on air or via cabling or brought to public knowledge, unless IP/N/1/RUS/O/2/Add.2 
 
- 11 - 
 
  such reproduction, reporting or bringing to know ledge has been specifically prohibited by the 
author or other right holder; 
4) reproducing in a periodical print and subsequent  distribution of copies of this edition, on-
air or cable reporting, publicly pronounced politic al speeches, addresses, reports and other similar 
works within a scope justified for information purposes. In this case, the authors of such works 
shall retain the right to publish them in collections; 
5) reproducing, or disseminating, or broadcasting on air or via cabling, bringing to public in 
current events reviews (in particular by means of photography, cinematography, television or 
radio) the works which are seen or heard in the co urse of these events, as justified for information 
purposes; 
6) public performance of lawfully promulgated works by way of their live reproducing 
without profit-making at educational organisations, medical organisations, social servicing 
institutions and institutions of the penal system by the workers (employees) of the given organisations and institutions and by the persons serviced by these organisations and institutions 
or kept at these institutions;"; 
Subitem 7 with the following content shall be added hereto: 7) recording on an electronic medium, including recording to the computer memory and 
bringing to public knowledge of dissertation papers' autoabstracts."; 
b) Item 2 shall be stated in the following wording: "2. The creation of copies of lawfully promulga ted works in the formats exclusively intended 
for blind and starblind people (using the point system or other special methods) (in special 
formats), as well as reproduction and promulgation  of such copies without profit-making, shall be 
allowed without the consent of the author or other holder of the exclusive right and without paying 
a fee thereto but with obligatory citing of the na me of the author whose work is used and of the 
source where it is borrowed from. 
Libraries may provide blind and starblind people with copies of the works created in special 
formats for temporary gratuitous use at home, as well as by way of providing access thereto 
through information telecommunication networks. A list  of special formats, as well as a list of the 
libraries providing access through information-telecommunication networks to copies of the works created in special formats and a procedure for pr oviding such access shall be determined by the 
Government of the Russian Federation. 
Any further reproduction or bringing to public knowledge in other format of a copy of a work 
intended solely for the use by blind and starblind people is not allowed. 
The provisions of this item shall not apply to the works created for the purpose of using in 
special formats, as well as in respect of the phonograms mainly consisting of musical pieces of 
work."; 
c) Item 3 shall be stated in the following wording: 
3) It is allowed without the consent of the author or other right holder and without paying a 
fee to carry out an audio description or to accompany a work with a sign language translation for the purpose of simplifying the work's perception  by persons with limited physical abilities."; 
d) Item 4 with the following content shall be added hereto: 
"4. The creation of a work in the style of a literar y, musical or other parody or in the style of 
a caricature on the basis of another (original) work that has been lawfully promulgated and the use of these parodies or caricature is allowed without the consent of the author or other holder of 
the exclusive right to the original work and without paying a fee thereto."; 
33) Article 1275 shall be stated in the following wording:  
"Article 1275 . Free Use of Works by Libraries, Archives and Educational Organisations 
1. Public libraries, as well as archives where access to archival documents is not restricted, 
provided that there is no aim to derive profits, are entitled without the consent of the author or 
other right holder and without paying a fee to pr ovide for temporary gratuitous (in particular by 
way of mutual use of library stocks) the originals or copies of the works that have been lawfully 
put into the civil circulation. 
In so doing, copies of works in electronic form may be solely provided for temporary 
gratuitous use at the premises of a library or arch ive, provided that it is impossible to create any 
more copies of the work in electronic form. 
2. Public libraries, as well as archives where access to archival documents is not restricted, 
provided that there is no aim to derive profits, are entitled without the consent of the author or 
other right holder and without paying a fee but with mandatory citing of the name of the author whose work is used and the source of borrowing to make singular copies, in particular in electronic form, of copies of the works held by them and lawfully put into the civil circulation: IP/N/1/RUS/O/2/Add.2 
 
- 12 - 
 
  1) for the purpose of ensuring the safekeeping and availability for users: 
of dilapidated, wear-out, spoiled and defected copies of works; of singular and/or rare copies of works and manuscripts whose issuance to users may lead 
to their loss, spoilage or destruction; 
of copies of works recorded on machine-readable media for whose use there are no required 
facilities; 
of copies of works which are of exceptional scientific and educational importance, provided 
that they have not been within over 10 years as from the date of publication of their last editions 
in the territory of the Russian Federation; 
2) for the purpose of restoration, replacement of lost or spoiled copies of works, as well as 
for providing with copies of works other libraries and archives where access to archival documents 
is not restricted that have lost them for some reason. 
3. Copies of the works made in electronic form in compliance with Item 2 of this article may 
be provided to users subject to the conditions provided for by Item 1 of this article. 
4. Libraries receiving copies of dissertation papers in compliance with the law on the 
obligatory copy of a document, where there is no aim to derive profits, are entitled without the consent of the author or other right holder and without paying a fee but with mandatory citing of 
the name of the author whose work is used and of the source of borrowing to make singular copies 
of such dissertation papers, in particular in electronic form, for the purposes provided for by Item 2 of this article. 
Copies of dissertation papers made in electron ic form shall be provided to users subject to 
the conditions provided for by Item 1 of this article. 
5. Public libraries, as well as archives where access to archival documents is not restricted, 
provided that there is no aim to derive profits, are entitled without the consent of the author or 
other right holder and without paying a fee but with mandatory citing of the name of the author 
whose work is used and of the source of borrowing  to make a single copy and provide copies, in 
particular in electronic form, of individual articles and small-size works lawfully published in 
collections, newspapers and other periodical prints, short extracts from other lawfully published 
written works (with illustrations and without such) at the requests of citizens for scientific and educational purposes. 
6. Educational organisations, provided that there is no aim to derive profit, are entitled 
without the consent of the author or other right holder and without paying a fee but with 
mandatory citing of the name of the author whose work is used and of the source of borrowing to make copies, in particular in electronic form, of individual articles and small-size works lawfully 
published in collections, newspapers and other pe riodical prints, of short extracts from other 
lawfully published written works (with illustrations and without such) and to provide these copies to trainees and pedagogical workers for conducting examinations, classes and self-training in the 
number which is required for this purpose. 
7. The state archives are entitled within the scope of authority thereof to make singular 
copies of the works inserted on the Internet for keeping in an archive with the subsequent 
reproduction and bringing to public knowledge to be excluded."; 
34) Article 1276 shall be stated in the following wording: 
 "Article 1276.   Free Use of a Work which Is Permanently Located at a Public Place 
1. It is allowed without the consent of the author or other right holder and without paying a 
fee to reproduce and distribute produced copies, to transmit on air or through a cable, to bring to 
public knowledge works of fine arts or photographic works which are permanently located at a 
public place, except if the image of the work is the main object of use or the image of a work is 
used for the purpose of deriving profit. 
2. It is allowed to freely use by way of reproduction and distribution of produced copies, 
transmission on air or through a cable, bringing to public knowledge in the form of images the 
works of architecture, town-planning and landscape arts located at a public place or visible from 
that place."; 
35) in Article 1277 after the words "musical work" shall be added the words "which is 
lawfully promulgated"; 
36) in Article 1280: a) the title thereof shall be stated in the following wording: 
 
"Article 1280 . The Right of the User of a Computer Programme and Database"; 
b) Subitem 1 of Item 1 shall be stated in the following wording: "1) to make actions required for functioning of a computer programmer or database (in 
particular in compliance with their use for their purpose), including recording and storing in the IP/N/1/RUS/O/2/Add.2 
 
- 13 - 
 
  computer memory (of a single computer or a single networker), making amendments in a 
computer programmer or database solely for their functioning at the user's facilities, to correct evident errors, if not otherwise provided for by the contract made with the right holder;"; 
c) in Item 4 the words "cause unjustified damage to the normal use" shall be replaced by 
the words "goes counter to the normal use"; 
37) in Item 1 of Article 1282 the words "Upon the expiry" shall be replaced by the words 
"Upon termination": 
38) a sentence with the following content shall be added to Item 2 of Article 1283: "With 
this, in the event of death of one of the co-autho rs, the exclusive right shall be terminated in the 
part thereof held by him/her, if a work consists of several parts, each of which is of independent importance or, where a work is inseparable, the sh are of the late co-author in the exclusive right 
shall pass over in equal portions to all the co-authors who are alive."; 
39) in Paragraph One of Item 1 of Article 1284 after the words "is prohibited" shall be added 
the words ", except when execution is levied under the contract of pledge made by the author and 
whose subject is the exclusive right to a specific wo rk cited in the contract and held by the author" 
and the words "However, the author's claims" sh all be replaced by the words "The author's 
claims": 
40) in Article 1286: 
a) Item 3 shall be stated in the following wording: "3. An onerous licence agreement shall specify the rate of a fee for the use of a work or a 
procedure for estimation of such fee."; 
b) Item 4 shall be stated in the following wording: 
"4. The user of a computer programme or database, along with the rights held by him by 
virtue of Article 1280 of this Code, may be granted the right under the licence agreement to use 
the computer programme or database within the limits established by the contract."; 
c) Item 5 with the following content shall be added hereto: "5. The licence agreement made with the user on granting thereto an ordinary (non-
exclusive) licence to use a computer programme or database may be concluded in a simplified 
procedure. 
The licence agreement made in a simplified procedure shall be an agreement of adhesion 
whose terms may be stated, in particular, on the copy of the computer programme or database to 
be acquired or on the packing of such copy, as well as in electronic form (Item 2 of Article 434). As 
the start of using a computer programmer or database by the user, as it is defined by the cited terms, shall be deemed the consent thereof to make the agreement. On such occasion, the written 
form of the agreement shall be regarded as observed. 
A licence agreement made in a simplified procedure shall be onerous, if not otherwise 
provided by the agreement."; 
41) Article 1286.1 with the following content shall be added hereto: 
 "Article 1286.1 . The Open Licence for Using a Work of Science, Literature or Arts 
1. The licence agreement under which the author or other right holder (licencor) grants to 
the licencee an ordinary (non-exclusive) licence for using a work of science, literature or arts may 
be made in a simplified procedure (open licence). 
An open licence shall be an agreement of adhesion. All its terms shall be accessible to an 
indefinite circle of persons and shall be inserted so that the licencee could get familiar with them 
b e f o r e  s t a r t i n g  t o  u s e  a n  a p p r o p r i a t e  w o r k .  A n  o p e n  l i c e n c e  m a y  c o n t a i n  a n  i n d i c a t i o n  o f  t h e  actions whose making shall be deemed to be the acceptance of its terms (Article 438). On such 
occasion, the written form of the ag reement shall be deemed observed. 
2. Seen as the subject of an open licence shall be  the use of a work of science, literature or 
arts within the limits provided for by an agreement. 
The licencor may grant to the licencee the right to use the work owned by him for creation 
of a new result of intellectual activities. On such occasion, if not otherwise provided for by an open 
licence, it shall be deemed that the licencor has made the offer to make the agreement (Item 2 of Article 437) on the use of the work owned by him by any person wishing to use the new result of 
intellectual activities created by the licencee on the basis of this work within the limits and under 
the terms which are provided for by the open licen ce. The acceptance of such offer shall be also 
deemed the acceptance of the licencor's offer to make a licence agreement in respect of this work. 
3. An open licence shall be gratuitous, if not otherwise provided for by it. 
I f  t h e  d u r a t i o n  o f  a n  o p e n  l i c e n c e  i s  n o t  f i xed, in respect of a computer programme or 
database the agreement shall be deemed made for the whole time period while an exclusive right 
is in effect and in respect of other kinds of works the agreement shall be deemed made for five 
years. IP/N/1/RUS/O/2/Add.2 
 
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  If an open licence does not cite the territory in which it is allowed to use an appropriate 
work, such use shall be allowed in the territory of the whole world. 
4. The licencor that has granted an open licence is entitled to renounce the agreement 
unilaterally in full or in part (Item 3 of Article 450), if the licencee grants to third persons the right 
to use the work held by the licencor or the right to the use of a new result of intellectual activities 
created by the licencee on the basis of this work beyond the scope of the rights and/or under the 
terms, other than those which are provided for by the open licence, 
5. The author or other right holder, if the exclusive rights to a work are violated by wrongful 
actions as to the provision or use of an open licence, are entitled to demand taking against the violator measures of protection of the exclusiv e right in compliance with Article 1252 of this 
Code."; 
42) Article 1291 shall be stated in the following wording: 
 "Article 1291 . Alienating an Original Work and the Exclusive Right to a Work 
1. When alienation is effected by the author of an original work (manuscript, original work of 
painting, sculpture etc.), for instance, when an original work is alienated under an author's order contract, the exclusive right to the work shall be retained by the author, unless otherwise 
envisaged by the contract. 
When the original work is alienated by the ow ner thereof holding the exclusive right to the 
work but not being the work's author, the exclusive right to the work shall pass over to the acquirer of the original work, if not ot herwise provided for by an agreement. 
The rules of this item related to the author of a work shall also extend to the author's heirs, 
to their heirs and so on within the limits of the effective period of the exclusive right to the work. 
2. If the exclusive right to the work has not been  transferred to the acquirer of the original 
thereof, the acquirer is entitled without the author's consent and without paying out a fee to the 
author to show the original work acquired and re produce it in catalogues of exhibitions and in 
publications dedicated to his collection, and also to hand over the original work to be exhibited at 
exhibitions organised by other persons. 
The acquirer of the original work of fine arts or photographic work who is pictured in this 
work is entitled without the author's consent or that of another right holder and without paying a fee thereto to use this work as an illustration when  publishing works of literature thereof, as well 
as to reproduce, demonstrate in public and distribute without the aim of deriving profit copies of 
the work, if not otherwise provided for by the agreement made with the author or other right 
holder. 
The acquirer of a photographic work which is pictured in this work is also entitled to freely 
use it in connection with publication of the work s dedicated to the acquirer's biography, if not 
otherwise provided for by the agreement made with the author or other holder of the rights to the 
photographic work."; 
43) Item 1 of Article 1293 shall be stated in the following wording: "1. If alienation is effected by the author of an original work of fine arts, every time when 
the appropriate original work is publicly re-sold with participation in it of a legal entity or individual 
businessman as a mediator (in particular, an auction company, art gallery, art show or art shop), 
the author is entitled to receive a fee from the seller in the form of interest on the re-sale price (artist's resale right). The rate of the interest and also the terms and procedure for paying out the 
interest shall be defined by the Gove rnment of the Russian Federation."; 
44) in Article 1295: a) in Item 2: 
in Paragraph One the words "other contract" shall be replaced by the words "civil law 
contract"; 
in Paragraph Two the words "shall be owned by the author" shall be replaced by the words 
"shall be returned to the author"; 
a paragraph with the following content shall be added hereto: 
"The right to a fee for a service work shall be unalienable and shall not be inherited but the 
author's rights under the agreement made by him/ her with the employer and the income which is 
not received by the author shall pass over to heirs thereof."; 
b) Item 3 shall be stated in the following wording; "3. If according to Item 2 of the present arti cle the exclusive right to a service work is 
owned by the author, the employer is entitled to  use the appropriate service work under the terms 
of an ordinary (non-exclusive) licencee with a fee to the right holder to be paid. The limits of a 
service work's use, the amount, terms of a proced ure for paying a fee shall be determined by the 
agreement made by the employer and author or, if there is a dispute, by court.": IP/N/1/RUS/O/2/Add.2 
 
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  c) Item 4 with the following content shall be added hereto: 
"4. An employer may promulgate a service wo rk, if the agreement made by him and the 
author does not stipulate otherwise, as well as to cite when using the service work the name or denomination thereof or to demand it to be cited."; 
45) Article 1296 shall be stated in the following wording: 
 "Article 1296 . Computer Programmes and Databases Created by Order 
1. The exclusive right to a computer programme , database or other work created under a 
contract having the creation thereof as its subject matter (by order), shall be held by the orderer, unless otherwise envisaged by the contract between the contractor (performer) and the orderer. 
2. If according to Item 1 of the present article the exclusive right to a work is owned by the 
orderer, the contractor (performer) is entitled, insofar as not otherwise envisaged by a contract, to 
use such work for his own needs under the terms of a gratuitous ordinary (non-exclusive) licence within the whole effective term of the exclusive right. 
3. If according to a contract concluded between  a contractor (performer) and an orderer the 
exclusive right to a work is owned by the contract or (performer), the orderer is entitled to use 
such work for the own needs thereof on the terms of a gratuitous ordinary (non-exclusive) licence 
within the whole effective term of the exclusive right. 
4. The author of a work made by order who does not own an exclusive right to the work is 
entitled to a fee in accordance with Paragraph 3 of Item 2 of Article 1295 of the present Code. 
5. The rules of this article shall not extend to the contracts under which the contractor 
(performer) is the author proper (Article 1288)."; 
46) Article 1297 shall be stated in the following wording:  
"Article 1297.  Pieces of Work Created When Carrying Out Works under a Contract 
1. The exclusive right to a computer programme , database or other piece of work created 
when a contractor's contract or a contract for the performance of research and development works 
or technological works was performed, such contra cts not expressly requiring the creation thereof, 
shall be held by the contractor (performer), exce pt as otherwise envisaged by a contract between 
him and the orderer. 
Unless otherwise envisaged by a contract, in this case the orderer is entitled to use the work 
so created for the purposes for which the relevant contract has been concluded, on the terms of an 
ordinary (non-exclusive) licence within the whole effective term of the exclusive right without paying out an additional fee for such work's use. If the exclusive right to a work has been assigned 
by the contractor (performer) to another person, the orderer shall retain the right to use the work. 
2. If according to a contract between the contractor (performer) and the orderer the 
exclusive right to work has been assigned to the orderer or to the third person indicated by the 
orderer, then the contractor (performer) is entitled to use the work he has created for his own 
needs under the terms of a gratuitous ordinary (non-exclusive) licence within the whole effective term of the exclusive right, except as otherwise envisaged by a contract. 
3. The author of the work mentioned in Item 1 of the present article who does not own an 
exclusive right to the work is entitled to a f ee in accordance with Paragraph 3 of Item 2 of 
Article 1295 of the present Code."; 
47) Item 4 with the following content shall be added to Article 1299: 
"4. If Items 1-3 of Article 1274 and Article 1278 of  this Code permit to use a work without 
the consent to it of the author or other right ho lder and such use is impossible by virtue of the 
presence of technical means of copyright's protecti on, the person rightfully pretending to such use 
may demand of the author or other right holder to remove the restrictions as to the use of the 
work imposed by way of applying technical mean s of copyright's protection or to provide an 
opportunity of such use at the right holder's choice on condition that it is technologically possible and does not require major outlays."; 
48) Article 1301 shall be stated in the following wording: 
 "Article 1301 . Liability for a Breach of the Exclusive Right to a Work 
In the event of a breach of th e exclusive right to a work, the author or other right holder 
may claim), in accordance with Item 3 of Article 1252 of this Code, the following compensation from the infringer instead of payment of damage s, along with the use of the other applicable 
remedies and measures of liability established by the present Code (Articles 1250, 1252 and 
1253): 
1) in the amount from 10,000 to 5,000,000 roub les as determined at the discretion of the 
court on the basis of the nature of violation; 
2) in the twofold cost of counterfeit copies of the work; IP/N/1/RUS/O/2/Add.2 
 
- 16 - 
 
  3) in the twofold cost of the right to use th e work determined on the basis of the price 
normally charged in comparable circumstances for the legal use of the work in the way that the infringer has used. 
49) in Article 1302: 
a) Item 1 shall be stated in the following wording: 
"1. A court may forbid the defendant or the person believed on sufficient grounds to be an 
infringer of copyright carrying out certain actions (manufacture, reproduction, sale, hiring out, 
importation or other use envisaged by the present Code, and also the transportation, storage or 
possession) of copies of a work for the purpose of using them in civil-law transactions, if the copies are understood to be counterfeit. 
A court may also take security measures which are adequate to the extent and nature of an 
offence aimed at suppressing the wrongful use of works in information-telecommunication 
networks, in particular at restricting access to the materials containing illegally used works. A procedure for restricting access to such materials shall be established by the legislation of the 
Russian Federation on information."; 
b) in Paragraph Two of Item 2 the words "for the manufacture or reproduction/playback" 
shall be replaced by the words "for the reproduction/playback": 
c) Item 3 shall be declared invalidated; 
50) Item 3 with the following content shall be added to Article 1303: "3. Allied rights shall be exercised with the obse rvance of copyright with respect to works of 
science, literature and arts that were used in creating the object of the allied rights. Allied rights 
shall be recognized and shall be effective, regard less of whether the copyright in respect of such 
works is available and effective or not."; 
51) Article 1305 shall be stated in the following wording: 
 
"Article 1305.   The Mark of Legal Protection of Allied Rights 
The manufacturer of a sound recording and performer, and also another owner of the 
exclusive right to a sound recording or performanc e is entitled to use for the purpose of warning 
about the exclusive right held by them, a mark of pr otection of allied rights to be placed on each 
original or copy of the sound recording and/or on each case containing it, the mark being composed of the following three elements: the Latin letter "P" in a circle, the name or company 
name of the owner of the exclusive right and the year of initial publication of the sound recording. 
With this, a copy of the sound recording means its copy on any material medium manufactured directly or indirectly from the sound recording and including all the sounds or part of the sounds or 
a representation of the sounds fixed in the sound  recording. The representation of sounds means 
their being represented in a digital form that requires the relevant technical facilities to convert it into an audible form."; 
52) in Article 1308: 
a) the words "Under a licence" shall be replaced by the words "1. Under a licence": b) Item 2 with the following content shall be added hereto: "2. The licence agreement under which an ordinary (non-exclusive) licence for the use of an 
object of allied rights is granted may be concluded in a simplified procedure (open licence). The 
provisions on granting an open licence for the use of works of science, literature or arts (Article 1286.1) shall apply to such agreement."; 
53) Article 1308.1 with the following content shall be added hereto: 
 "Article 1308.1 . The Transfer of Exclusive Rights to  Objects of Allied Rights by Way of 
Inheritance 
The provisions on the transfer of the exclus ive right to a work by way of inheritance 
(Article 1283) shall accordingly apply to the exclus ive rights to the performance, phonograms, on-
air or cable broadcast of radio and TV programmes , to the content of databases, as well as to 
works of science, literature and arts promulga ted after their becoming the public domain."; 
54) Article 1311 shall be stated in the following wording:  
"Article 1311 . Liability for Infringement of the Exclusive Right to an Object of Allied 
Rights 
In the event of a breach of an exclusive right to  an object of allied rights, the owner of the 
exclusive right is entitled, apart from the use of ot her applicable remedies and measures of liability 
established by the present Code (Articles 1250, 1252 and 1253), to claim in accordance with Item 3 of Article 1252 of the present Code from the infringer at the owner's discretion the following compensation instead of payment of damages: IP/N/1/RUS/O/2/Add.2 
 
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  1) in amount of 10,000 to 5,000,000 roubles as determined at the court's discretion on the 
basis of the nature of an offence; 
2) in the amount of the double cost of counterfeit copies of a phonogram; 3) in the amount of the double cost of the ri ght to use the object of allied rights to be 
estimated on the basis of the price which under comparable circumstances is normally taken for 
the rightful use of the object in the way that has been used by the infringer."; 
55) in Item 1 of Article 1315: 
a) in Subitem 3 the word "work" shall be  replaced by the word "performance"; 
b) Subitem 4 shall be stated in the following wording: "4) the right to the integrity of the performa nce, i.e. the right to have the performance 
protected against any distortion, i.e. against modifications in a record, broadcast or cable 
transmission leading to a perversion of the sense or a break in the integrity of perception of the 
performance, as well as when bringing the performance to public notice."; 
56) in Paragraph One of Item 2 of Article 1316 th e word "his" shall be replaced by the word 
"authorship," and after the word "name" sh all be added the words "of the performer"; 
57) Item 2 of Article 1317 shall be stated in the following wording: "2. The following shall be deemed the use of a performance: 
1) the broadcasting, i.e. communicating of the performance for the notice of the general 
public, by means of its being broadcast by radio or  television (including re-transmission), except 
for cable broadcasting. In this case, communication means any action whereby the performance is made available for audio and/or visual perception, irrespective of its actual perception by the 
public. When the performance is broadcast via a sa tellite, broadcasting means the reception of the 
signals from a ground station at the satellite and th e transmission of the signals from the satellite, 
such signals serving to bring the performance to the notice of the general public, irrespective of its 
actual reception by the public. The transmission of encoded signals shall be deemed on-air 
broadcasting, if the decoding facilities are provided to an unlimited circle of persons by an on-air 
broadcasting organisation or with its consent; 
2) cable communication, i.e. the communication  of the performance for the notice of the 
general public by means of transmitting it by radi o or television by means of a cable, wire, optical 
fibre or similar facilities (including re-transmission); 
3) bringing the performance to public notice so that any person may provide access thereto 
from any place and at any time at the own choice thereof (bringing to public notice); 
4) the recording of the performance, i.e. the fixation of sounds and/or an image or of 
representations thereof by means of technical facilities in any material form enabling their multiple 
perception, reproduction/playback or communication; 
5) the reproduction of a recording of the perfor mance, i.e. making one and more copies of a 
performance or of a part thereof in any material form. In this case, a recording of the performance 
on an electronic medium, including a record made  in the memory of a computer, shall be also 
deemed reproduction. As reproduction shall not be  deemed recording of temporary or accidental 
nature and the one which is an integral and significant part of a technological process solely aimed at legally using the record, or transmission of the performance in an information-
telecommunication network by an information broker to third persons, provided that such 
recording is of no independent economic importance; 
6) the distribution of a recording of the performance by means of selling or another 
alienation of its original or of copies being copies of the recording on any material medium; 
7) an action taken in respect of a reco rding of the performance and envisaged by 
Subitems 1-3 of the present item; 
8) a public playback of a recording of the performance, i.e. any communication of the 
recording by means of technical facilities in a place open to the public or in a place where a 
significant number of people are present who do  not belong to the ordinary family group, 
irrespective of whether the recording is perceived in the place where it is communicated or in 
another place simultaneously with the communication thereof; 
9) hiring out of an original recording of the performance or of copies thereof."; 58) in Article 1318: 
a) Item 4 shall be stated din the following wording: 
"4. The exclusive right to a performance shall be  transferred to the performer's heirs within 
the limits of the remaining part of the time period cited in Items 1-3 of this article.": 
b) Item 5 shall be stated in the following wording: 
"5. Upon the expiry of the effective term of the exclusive right to a performance the right 
thereto shall pass into the public domain. A perfor mance that has passed into the public domain is 
subject to the rules of Item 2 of  Article 1282 of the present Code."; IP/N/1/RUS/O/2/Add.2 
 
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  59) Paragraph One of Item 1 of Article 1319 shall be stated in the following wording: 
"1. It is not allowed to levy execution against the exclusive right held by the performer, 
except when execution is levied under the contract of pledge which is made by the performer and whose subject is the exclusive right to a specific performance cited in the contract and held by the 
performer. Execution may be levied against the right of claim of the performer against other 
persons under contracts of alienation of the ex clusive right to a performance and under licence 
agreements, as well as against the income derived from the use of a performance."; 
60) in Article 1320 the words "by a performer in the line of duty" shall be replaced by the 
words "within the limits of the labour duti es established for an employee (performer)"; 
61) the words "or in some other way in compliance with Article 1310 of this Code" shall be 
added to Article 1322; 
62) in Item 2 of Article 1324: 
a) in Subitem 2 the words "received by the public" shall be replaced by the words "received 
by the public. The transmission of encoded signal s shall be deemed on-air broadcasting, if the 
decoding facilities are provided to an unlimited circle of persons by an on-air broadcasting 
organisation or with its consent;"; 
b) in Subitem 4 the word "a" shall be replaced by the word "any"; 
c) Subitem 5 shall be stated in the following wording: 
"5) reproduction, i.e. the manufacturing of one and more copies of a phonogram or of a part 
thereof in any material form. In this case, the recording of phonogram or a part thereof on an electronic medium, including saving in the memory of a computer, shall be also deemed 
reproduction. As reproduction shall not be deemed  sort-term recording of a phonogram which is of 
temporary or accidental nature or is an integral and significant part of a technological process solely aimed at legally using the phonogram or its transmission to an information-
telecommunication network by an information broker to third persons, provided that such 
recording does not have an independent economic importance;"; 
63) in Article 1325 the words "legally published sound recording" shall be replaced by the 
words "sound recording that has been legally published"; 
64) Item 3 of Article 1326 shall be stated in the following wording: "3. The fee described in Item 1 of the present ar ticle shall be distributed to the right holders 
according to the following proportion: 50 per cent to performers, 50 per cent to the manufacturers 
of phonograms. The fee distribution to specific performers and manufacturers of phonograms shall 
be carried out pro rata to the actual use of the relevant sound recordings. The Government of the Russian Federation is entitled to fix the fee rates,  as well as a procedure for collection, distribution 
and payment of fees."; 
65) Item 3 of Article 1327 shall be stated in the following wording: "3. Upon the expiry of the effective term of th e exclusive right to a phonogram it shall pass 
into the public domain, that is, it may be freely used by any person without anybody's consent or 
permit and without paying a fee."; 
66) Article 1329 shall be stated in the following wording:  
"Article 1329 . A Broadcasting or Cable-Services Organisation 
As a broadcasting or cable-services organisation shall be deemed a legal entity 
independently determining the content of radio and TV programmes (the totality of sounds and/or 
images or of their presentations) and communicating  them over air or by cable by their own assets 
or with the help of third persons."; 
67) in Article 1330: 
a) in Item 2: 
Subitem 2 shall be stated in the following wording: "2) reproduction of a record of a radio or TV  broadcast, i.e. the manufacturing of one and 
more copies of the record of a radio or TV broadcast or of a part thereof in any material form. In 
this case, a record of a radio or TV broadcast or a part thereof on an electronic medium, including 
saving in the memory of a computer, shall be also  deemed reproduction. As reproduction shall not 
be deemed a short-term record which is of temporary or accidental nature or is an integral and 
significant part of a technological process solely aimed at legally using a record of a radio or TV 
broadcast phonogram or its transmission to an information-telecommunication network by an information broker for third persons, provided that such record does not have an independent 
economic importance;"; 
Subitem 4 shall be stated in the following wording: "4) the re-transmission, i.e. reception and simultaneous broadcasting (for instance, via a 
satellite) or by cable of a radio or television pr ogramme or of a significant part thereof aired or 
cabled by an organisation engaged in on-air or cable broadcasting;"; IP/N/1/RUS/O/2/Add.2 
 
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  Subitem 7 with the following content shall be added hereto: 
"7) hire of the original or copies of a record of a radio or TV broadcast."; b) Item 3 shall be declared invalidated; 68) Item 3 of Article 1331 shall be stated in the following wording: 
"3. Upon termination of the exclusive right to the communication of a radio or television 
programme it shall pass into the public domain, that is, it may be freely used by any person without anybody's consent or permit and without paying a fee."; 
69) paragraphs with the following content shall be added to Item 2 of Article 1333: 
"the right to promulgate a database, that is, to make the action for the first time making the 
data base accessible for general public by way of its publication, ringing to public notice, 
broadcasting over air or by cable, or in some othe r way. With this, as publication (release) shall be 
deemed release for circulation of the databases' copies by the producer's approbation in the 
number which is sufficient for meeting the reasonable public demand. 
The right to cite on the databases' copies  and/or on their packing his/its name or 
denomination shall be in effect and protected with in the whole effective term of the exclusive right 
of the database's manufacturer."; 
70) Item 3 of Article 1334 shall be stated in the following wording: 
"3. Within the effective term of the exclusive righ t to a database the right holder may at will 
thereof to register the database with the federal executive power body in charge of intellectual 
property matters, The rules of Article 1262 of th is Code shall apply to such registration."; 
71) Article 1335.1 with the following content shall be added hereto: 
 
"Article 1335.1.  Actions Which Are Not Deemed to Be a Violation of the Exclusive Right of 
the Database's Manufacturer 
1. The person rightfully using a promulgated database is entitled without the consent of the 
exclusive right's holder being the database's prod ucer and insofar as such actions do not violate 
the copyright of the database's producer and of  other persons to retrieve materials from the 
database and subsequently use them: 
with the aim for which the database is provided thereto to any extent, if not otherwise 
provided for by a contract; 
for personal, scientific and educational purpos es to the extent justified by the cited 
purposes; 
for other purposes to the extent making up an insignificant part of the database. The use of the materials retrieved from a database in the way envisaging the provision of 
access thereto of an unlimited circle of persons sh all be accompanied by citing the database these 
materials have been retrieved from. 
2. Making the actions encompassed by an exclusive right of the database's producer by 
some other person shall not be deemed a violation of such right, if such person can prove that 
he/it could not establish the identity of the database's producer and that he/it under the circumstances reasonably believed that the effective term of the exclusive right to the database has expired. 
3. Multiple retrieval or use of the materials making up an insignificant part of the database is 
not allowed, if such actions go counter to the normal use of the database and unreasonably infringe the legitimate interests of the database's producer. 
4. The database producer may not prohibit to use individual materials which, though being 
contained in the database, have been rightfully received by the person using them from sources 
other than this database."; 
72) in Item 1 of Article 1339 the words "1-8 and 11 of Item 2" shall be replaced by the 
words "1-8.1 and 11 of Item 2"; 
73) Article 1340 shall be stated in the following wording:  
"Article 1340 . The Effective Term of the Exclusiv e Right of the Publisher to a Work 
1. The exclusive right of the publisher to a work comes into being as from the time when the 
work is promulgated, and it shall be in effect wi thin 25 years from January 1 of the year following 
the year in which it was promulgated. 
2. After termination of the publisher's exclus ive right a work may be freely used by any 
person without anybody's consent or permit and without paying a fee."; 
74) in Item 2 of Article 1343 the words "in Paragraph Two of Item 1 of Article 1291" shall be 
replaced by the words "in Item 2 of Article 1291"; 
75) in Item 3 of Article 1345 the words "the use of a service invention, utility model or 
industrial design" shall be replaced by the words "a service invention, utility model or industrial 
design"; IP/N/1/RUS/O/2/Add.2 
 
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  76) in Article 1349: 
a) in Item 1 the words "artistic design" shall be replaced by the word "design"; b) in Item 4: the words "and a clone thereof" shall be added to Subitem 1; 
in Subitem 4 the words "other developments inconsistent with" shall be replaced by the 
words "the results of intellectual activities cited in Item 1 of this article, if they go counter to"; 
77) in Article 1350: 
a) the words "in particular, to the application of a product or method for a definite purpose" 
shall be added to Paragraph One of Item 1; 
b) in Item 2: in Paragraph Three after the words "The state of the art" shall be added the words "in 
respect of an invention"; 
in Paragraph Four the words "inventions and ut ility models" shall be replaced by the words 
"inventions, utility models and industrial designs"; 
c) in Item 3 the first sentence shall be stated in the following wording: "The disclosure of 
information concerning an invention by the author of the invention, by an applicant or any person that has received this information from them directly or indirectly (in particular, as a result of 
showing an invention at an exhibition) which made the essence of the invention available to the 
general public shall not be deemed a circumstance precluding the recognition of the invention's patentability, provided a patent application has been filed with the federal executive governmental body charged with intellectual property matters within six months after the date of the information 
disclosure."; 
d) the words ", in particular" shall be added to Paragraph One of Item 5; e) Subitem 1 of Item 6 shall be stated in the following wording: 
"1) varieties of plants, breeds of animals and the biological methods for producing them, 
that is, the methods consisting in full of cross-breeding and selection, except for microbiological methods and products made by such methods;"; 
78) in Article 1351: 
a) Paragraph Two of Item 2 shall be stated in the following wording: "The state of the art in respect of a utility model includes all the data that have become 
generally available in the world before the priority  date of the useful model. The state of the art 
also includes (upon condition of an earlier priority) all the patent applications filed for an invention, 
utility model or industrial design by other persons in the Russian Federation if any person is entitled to read the documents related thereto in accordance with Item 2 of Article 1385 or Item 2 
of Article 1394 of the present Code, and the inventions and utility models patented in the Russian 
Federation."; 
b) in Item 3 the first sentence shall be stated in the following wording: 
"The disclosure of information concerning a utility model by the author thereof, applicant or 
any other person that has directly or indirectly obtained this information from them (in particular, as a result of showing the utility model at an ex hibition) making information on the essence of the 
utility model available to the general public shal l not be deemed a circumstance precluding the 
recognition of patentability of the utility model, provided that a patent application for the utility 
model was filed with the federal executive governme ntal body charged with intellectual property 
matters within six months after the information disclosure."; 
c) Item 5 shall be stated in the following wording: 
"5. As utility models shall not be deemed, in particular, the objects cited in Item 5 of 
Article 1350 of this Code. 
In compliance with this item, the possibility of classifying the cited objects as utility models 
shall be only excluded in the instance when a patent application for a utility model concerns the cited objects as such."; 
d) Item 6 with the following content shall be added hereto: 
"6. Legal protection as to a utility model shall not be provided to the objects cited in Item 6 
of Article 1350 of this Code."; 
79) Article 1352 shall be stated in the following wording: 
 
"Article 1352 . The Conditions for the Patentability of an Industrial Design 
1. As an industrial design shall be protected the appearance solution of a factory-made or 
home-made article. 
An industrial design shall enjoy legal protection, if it is novel and original in terms of its 
significant features. 
Seen as the significant features of an industri al design shall be the features determining the 
aesthetic details of the appearance of an articl e, including the form, configuration, decoration, IP/N/1/RUS/O/2/Add.2 
 
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  colour and line pattern, the outline of an article, the texture or finish of the material an article is 
made of. 
The features determined solely by the technical function of an article shall not be deemed 
the protected features of an industrial design. 
2. An industrial design shall be deemed novel,  if the aggregate of its significant features 
reflected on images of the article's appearance is not known from the information that was made available to the public in the world before the priority date of the industrial design. 
3. An industrial design shall be deemed original, if its significant features are stipulated by 
the creative nature of the article's features, in particular if it is not known from the data that have become generally available in the world before the pr iority date of an industrial design what is the 
solution of the appearance of an article of similar purpose making upon an informed consumer the 
same general impression as the industrial design shown on images of the article's appearance. 
4. When the novelty and originality of an industrial design is being established, account shall 
also be taken (upon condition of an earlier priority) of all the applications for inventions, utility 
models and industrial designs and applications for the state registration of trademarks and service 
marks filed in the Russian Federation by other persons and with whose documents any person is entitled to get familiar in compliance with Item 2 of Article 1385, Item 2 of Article 1394 and Item 1 
of Article 1493 of this Code. 
The disclosure of information about an industrial  design by the author thereof, an applicant 
or any person that has directly or indirectly received this information from them (in particular as a result of showing an industrial design at an ex hibition) which made information on the essence of 
the industrial design available to the general pub lic shall not be deemed a circumstance precluding 
the recognition of patentability of the industrial design, provided that a patent application for the industrial design was filed with the federal executive governmental body charged with intellectual 
property matters within 12 months after the information disclosure. The burden of proving the 
existence of the circumstances due to which the disclosure of information does not preclude the 
recognition of patentability of the industrial design shall be borne by the applicant. 
5. No legal protection shall be granted to the following as to industrial designs: 
1) solutions whose all features are exclusively due to the technical function of an article; 2) solutions that can mislead the article's consumer, in particular in respect of the article's 
manufacturer or the place of manufacture of the article or of the goods for which the article serves 
as the tare, packing or label, in particular the solutions which are identical to the objects cited in 
Items 4-10 of Article 1483 of this Code, or the ones making the same general impression or comprising the cited objects, if the rights to the cited objects had originated before the priority of 
an industrial design, except if the legal protecti on of an industrial design is requested by the 
person enjoying the exclusive right to such object. 
The provision of legal protection to the industrial designs which are identical to the objects 
cited in Item 4, Subitems 1 and 2 of Item 9 of Article 1483 of this Code or make the same general 
impression or comprise the cited objects shall be allowed by approbation of the owners or of the persons authorized by owners or of the holders of rights to the cited objects."; 
80) Item 3 of Article 1354 shall be stated in the following wording: 
"3. Protection of intellectual rights to an indu strial design shall be granted under a patent 
within the scope defined by the aggregate of signif icant features of the industrial design which are 
reflected on images of the article's appearance contained in the industrial design's patent."; 
81) Article 1358 shall be stated in the following wording: 
 "Article 1358 . The Exclusive Right to an Invention, Utility Model or Industrial Design 
1. The patent holder shall own the exclusive ri ght to use the invention, utility model or 
industrial design in accordance with Article 1229 of the present Code in any manner that does not conflict with law (the exclusive right to an invention, utility model or industrial design), for instance, by the methods described in Item 2 of the present article. The patent holder may dispose 
of the exclusive right to the invention, utility model or industrial design. 
2. The following in particular, shall be deemed to be the use of an invention, utility model or 
industrial design: 
1) the importation into the territory of the Russian Federation, manufacture, application, 
offer for sale, sale, other introduction into civil-law transactions or storage for such purposes of the product in which the invention or utility model is used or of an article in which the industrial design 
is used; 
2) the commission of the actions described in Su bitem 1 of the present item in respect of a 
product directly made by a patented method. If the product made by the patented method is novel, then an identical product shall be deemed produced by the patented method, unless 
otherwise proven; IP/N/1/RUS/O/2/Add.2 
 
- 22 - 
 
  3) the commission of the actions described in Su bitem 1 of the present item in respect of an 
apparatus in whose functioning (operation) the patented method is automatically implemented; 
4) the commission of the actions provided for by Subitem 1 of this item in respect of the 
product intended for application in compliance with  the purpose thereof cited in the formula of an 
invention, when the invention is protected in the form of the product's use for a definite purpose; 
5) the implementation of the method in which the invention is used, for instance, by means 
of applying the method. 
3. An invention shall be deemed used in a product or in a method if the product contains 
and the method uses each feature of the invention that had been stated in an independent item of 
the formula of the invention contained in the patent, or a feature equivalent thereto, and that had become known as such in the given field of technology before the invention's priority date. 
A utility model shall be deemed used in a product, if the product contains each feature of the 
utility model stated in an independent item of the formula of the utility model contained in the patent. 
When establishing the use of an invention or utility model, the formula of the invention or 
utility model shall be interpreted in compliance with Item 2 of Article 1354 of this Code. 
An industrial design shall be deemed used in an article, if this article contains all the 
essential features of the industrial design or th e totality of the features making on an informed 
consumer the same general impression as the patent ed industrial design, provided that the article 
has a similar purpose. 
4. If in the use of an invention or utility model all the features are also used that are stated 
in an independent item of the formula of another invention contained in the patent, or the feature 
which is equivalent thereto that had become known as such in the given field of technology before the priority date of another invention, or each feature stated in an independent point of the 
formula of another utility model contained in the patent or, when using an industrial design, each 
essential feature of another industrial design or the totality of features of another industrial design making upon an informed consumer the same general impression as the industrial design, 
provided that an article has a similar purpose, another invention, another utility model or another 
industrial design shall be also deemed to be used. 
5. If the owners of a patent for an invention, utility model or industrial design are two and 
more persons, the relationships between/among them  respectively shall be governed by the rules 
of Items 2 and 3 of Article 1348 of the present Code, irrespective of whether any of the patent 
owners is the author of this result of intellectual activity or not."; 
82) Article 1358.1 with the following content shall be added hereto: 
 
"Article 1358.1 . A Dependent Invention, Dependent Utility Model and Dependent Industrial 
Design 
1. An invention, utility model and industrial design whose use in a product or method is 
impossible without using another invention, utility  model and industrial design protected by a 
patent and having an earlier priority shall be deemed a dependent invention, dependent utility model and dependent industrial design. 
Seen as an a dependent invention shall be, in particular, an invention protected in the form 
of application for a definite purpose of the prod uct in which another invention protected by the 
patent and having an earlier priority is used. 
An invention or utility model related to a product or method shall be also deemed to be 
dependent, if the formula of such invention or such utility model differs from the formula of another patented invention or another patented utility model with an earlier priority solely by the 
purpose of the product or method. 
2. An invention, utility model and industrial design may not be used without a permit of the 
holder of the patent to another invention, another utility model and another industrial design with respect to which they are dependent ones."; 
83) the words "or without a permit thereof, but upon condition that such introduction in civil 
law transactions was rightfully effected in the inst ances established by this Code" shall be added to 
Subitem 6 of Article 1359; 
84) in Item 1 of Article 1361 after the words "i dentical solution" shall be added the words 
"or a solution that only differs from the invention by the equivalent features (Item 3 of Article 1358)"; 
85) in Item 3 of Article 1362 the words "state  registration of" shall be added the words 
"state registration of granting and termination of  the right to use an invention, utility model or 
industrial design under the terms of"; IP/N/1/RUS/O/2/Add.2 
 
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  86) Article 1363 shall be stated in the following wording: 
 "Article 1363 . The Effective Term of Exclusive Rights to an Invention, Utility Model and 
Industrial Design 
1. The exclusive right to an invention, utility model, industrial design, and to the patent 
certifying this right shall be effective, provided that the requirements established by this Code are satisfied, from the day when the patent appl ication was filed with the federal executive 
governmental body charged with intellectual property matters, or, in the event of a divisional 
application (Item 4 of Article 1381), from the date when the initial application is filed: 
20 years for inventions; 10 years for utility models; 
5 years for industrial design. 
The protection of a patented exclusive ri ght may be only exercised after the state 
registration of an invention, utility model, in dustrial design and the issuance of the patent 
(Article 1393). 
2. If more than five years have elapsed from filing a patent application for an invention 
relating to such product as a medicine, pesticide or agrochemical substance, which requires that 
permission be secured in the procedure established by  law, up to the receipt of the first permission 
for using it, the effective term of the exclusive right to the relevant invention and the patent certifying this right shall be extended on the basi s of an application of the patent holder by the 
federal executive governmental body charged with intellectual property matters. 
The said term shall be extended by the period that has elapsed since filing the patent 
application for an invention to the date of receipt of the first permission to use the product, less 
five years, but at most for five years. In this  case, the effective term of the patent for the 
invention shall not be extended by  a term exceeding five years. 
A term-extension application shall be filed by the holder of a patent within the effective term 
of the patent before the expiry of six months af ter the receipt of the first permission to use the 
product or the date of issuance of the patent, whichever of these terms expires latest. 
The patent holder may be requested for additional materials, if without them the 
consideration of an application is impossible. The additional materials may be presented within three months as from the date of forwarding such  request. If the patent holder does not present 
the requested materials within this term or does not file a petition for extension of the term, an 
application shall be rejected. The term fixed for presenting additional materials may be extended by the federal executive power body in charge of  intellectual property matters by at most 10 
months. 
When extending on the basis of Paragraph On e of this item the effective term of an 
exclusive right, an additional patent shall be issu ed containing the totality of the features of the 
patented invention describing the product for whose use a permit has been obtained. 
3. The effective term of the exclusive right to an  industrial design and the patent certifying 
this right may be repeatedly extended on the basis of an application of the patent holder by five years but in total at most by 25 years as from the date of filing a patent application with the 
federal executive governmental body charged with intellectual property matters or, in the event of 
filing a divisional application (Item 4 of Article 1381) , from the date of filing the initial application. 
4. A procedure for issuance and operation of an additional patent for and invention and for 
extending the effective term of a patent for an invention or industrial design shall be established 
by the federal executive governmental body charged with normative legal regulation in the area of 
intellectual property. 
5. The exclusive right to an invention, utilit y model, industrial design and the patent 
certifying this right shall be deemed invalid or shall be terminated ahead of time on the grounds and in the procedure provided for by Ar ticles 1398 and 1399 of the present Code."; 
87) in Item 1 of Article 1364 the words "Upon the expiry" shall be replaced by the words 
"Upon termination"; 
88) Article 1365 shall be stated in the following wording:  
"Article 1365 . The Contract of Alienation of the Exclusive Right to an Invention, Utility 
Model or Industrial Design 
1. Under a contract of alienation of the exclusive right to an invention, utility model, 
industrial design (contract of alienation of a patent) one party (patent holder) shall assign or 
undertake to assign his/its exclusive right to the relevant result of intellectual activity in full to the other party, that is, to the acquirer of th e exclusive right (acquirer of the patent). 
2. The alienation of the exclusive right to an industrial design is not allowable, if it can cause 
the consumers' misleading in respect of goods or the producer thereof."; IP/N/1/RUS/O/2/Add.2 
 
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  89) Article 1366: 
a) Paragraph One of Item 1 shall be stated in the following wording: "1. An applicant being the sole author of an invention, before adoption on the basis of the 
application of the decision on the patent's issuance or on the refusal to issue the patent, or on 
declaring the application withdrawn, may file an application to the effect that if a patent is issued 
he/it undertakes to conclude a contract of alienation of the patent on the terms complying with the prevailing practices with any citizen of the Russian Federation or Russian legal entity which is the 
first to express such a will and notifies accord ingly the patent holder and the federal executive 
governmental body charged with intellectual proper ty matters. If the cited application exists, the 
patent duties envisaged by the present Code sh all not be collected from the applicant for the 
patent application for the invention and for the patent issued under the application. The duties 
paid before filing the cited application shall not be returned."; 
b) Paragraph Two of Item 2 shall be stated in the following wording: "The state registration of transfer of the excl usive right to the acquirer under a contract of 
patent's alienation shall be effected with the federal executive power body in charge of intellectual 
property matters upon condition of paying all the patent duties, of which the applicant (patent holder) has been relieved."; 
90) Article 1369 shall be stated in the following wording: 
 "Article 1369 .  The Form of a Contract of Disposing the Exclusive Right to an Invention, 
Utility Model and Industrial Design and State Registration and the State 
Registration of Transfer of an Exclus ive Right, Its Pledge and Granting of 
the Right to Use an Invention, Utility Model and Industrial Design 
1. A contract on alienation of a patent, a licence contract, and also other contracts whereby 
one disposes of the exclusive right to an invention, utility model or industrial design shall be 
concluded in writing. Failure to observe the written form thereof shall entail the contract's invalidity. 
2. The alienation and pledge of the exclusive right to an invention, utility model or industrial 
design, or granting under a contract of the right to  their use are subject to the state registration in 
the procedure established by Article 1232 of this Code."; 
91) in Article 1370: 
a) in Item 3 the word "another" shall be replaced by the words "civil law"; 
b) in Item 4: in Paragraph Two the words "held by" shall be replaced by the words "returned to" and the 
word "compensation" shall be replaced by the word "remuneration"; 
a paragraph with the following content shall be added hereto: "the right to remuneration for a service invention, service utility model or service industrial 
design shall be inseparable and shall pass over to the author's heirs for the remaining effective 
term of the exclusive right."; 
92) in Paragraph One of Item 1 of Article 1371 the words "If an invention, utility model or 
industrial design has been created" shall be replac ed by the words "The right to receiving a patent 
and the exclusive right to an invention, utility mo del or industrial design created" and the words 
"the right to obtain a patent and the exclusive right to the invention, utility model or industrial design" shall be deleted; 
93) in Article 1372: 
a) in Item 1 the words "If an industrial design  is created" shall be replaced by the words 
"The right to obtain a patent and the exclusive righ t to an industrial design created" and the words 
"the right to obtain a patent and the exclusive right to the industrial design" shall be deleted; 
b) Item 3 shall be stated in the following wording: "3. If according to a contract between the cont ractor (performer) and the customer the right 
to obtain a patent and the exclusive right to th e industrial design is owned by the contractor 
(performer), the customer is entitled to use the industrial design for the purposes for which the 
relevant contract has been made on the terms of a free-of-charge ordinary (non-exclusive) licence for the whole effective term of the patent."; 
94) Item 5 of Article 1374 shall be declared invalidated; 
95) in Item 2 of Article 1375: a) Subitems 1 and 2 shall be stated in the following wording: 
"1) a patent application including an indication of the author of the invention and of the 
applicant, that is, of the person entitled to re ceive a patent, and also the place of residence or 
location of each of them; 
2) a description of the invention that discloses its essence to the extent which is sufficient 
for making the invention by an expert in a given field of technology;"; IP/N/1/RUS/O/2/Add.2 
 
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  b) in Subitem 3 after the word "claim" shall be added the word "clearly"; 
96) in Article 1376: a) in Item 1 the words "or a group of utility models interrelated to the extent that they form 
a united creative concept " shall be deleted; 
b) Subitems 1-3 of Item 2 shall be stated in the following wording: 
"1) a patent application including an indication of the author of the utility model and of the 
applicant, that is, of the person entitled to receive the patent, and also the place of residence or 
location of each of them; 
2) a description of the utility model that discloses its essence to the extent which is 
sufficient for making the utility model by an  expert in a given field of technology; 
3) the formula of the utility model related to a single technical solution clearly showing its 
essence and fully based on its description;"; 
97) in Article 1377: a) in Item 2: 
Subitems 1-3 shall be stated in the following wording: 
"1) a patent application with an indication of the author of the industrial design and of the 
applicant - of the person enjoying the right to receive the patent, and also the place of residence 
or location of each of them; 
2) a set of images of the article that provide the complete idea of the essential features of 
the industrial design that determine the specifics of the article's appearance; 
3) a general view drawing of the article and assembly chart, if they are required for 
disclosing the essence of the industrial design;"; 
Subitem 5 shall be declared invalidated; b) in Item 3 the words "a patent application, a set of images of the article, a description of 
the industrial design and a list of the significant fe atures of the industrial design" shall be replaced 
by the words "a patent application and a set of the article's images giving a full idea of the essential features of an industrial design that determine the specifics of the article's appearance"; 
98) Article 1378 shall be stated in the following wording: 
 "Article 1378 . Amending the Documents of the Application for an Invention, Utility 
Model or Industrial Design 
1. An applicant is entitled to make in the documents of the application for an invention, 
utility model or industrial design, additions, upda tes and corrections by means of filing additional 
materials at the request of the federal executive power body in charge of intellectual property 
matters, until the decision on issuing a patent, or on refusing to issue a patent, or on declaring the 
application withdrawn is taken on the application, unless these additions, updates and corrections change the essence of the application for the invention, utility model or industrial design. 
After receiving a report on an information search carried out in the procedure established by 
Items 2-4 of Article 1386 of this Code an applicant is  entitled to present once at the own initiative 
thereof the modified formula of an invention that  does not change the essence of the invention 
and to make the appropriate amendments in a description thereof. 
2. The additional materials are deemed to change the essence of an application for an 
invention or utility model in one of the following instances, if they contain the following: 
other invention that does not satisfy the requirement for integrity of the invention in respect 
of the invention or a group of inventions accepted for consideration or other utility model; 
the features which are subject to inclusion into the formula of an invention or utility model 
and which are not disclosed in the documents of an application which are provided for by Subitems 
1-4 of Item 2 of Article 1375 or Subitems 1-4 of Item 2 of Article 1375 of this Code and presented 
as of the date of filing the application; 
an indication of the technological result which is ensured by an invention or utility model and 
is not connected with the technological result contained in the same documents. 
3. Additional materials shall change an application in respect of an industrial design on its 
merits, if they contain images of an article on which the following is shown: 
another industrial design that does not sati sfy the requirement of the integrity of an 
industrial design in respect of an industrial desi gn or a group of industrial designs accepted for 
consideration; 
the essential features of an industrial design  are presented that are absent on the images 
presented as of the date of filing the applicatio n or the images of an article are presented from 
which the essential features of an industrial desi gn available on the images presented as of the 
date of filing an application are deleted. 
4. Changes in the data on the author, on the applicant, in particular when transferring the 
right to receive the patent to another person or as a result of changing the author's name, the IP/N/1/RUS/O/2/Add.2 
 
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  name or denomination of the applicant, as well as correction of evident and technical mistakes 
may be made by the applicant in the documents of the application on the own initiative thereof prior to registration of an invention,  utility model or industrial design. 
5. The changes made by an applicant in the do cuments of the application for an invention 
shall be taken into account when publishing data on the application, if such changes are presented 
to the federal executive power body in charge of intellectual property matters within 15 months as from the date of filing the application.; 
99) Article 1379 shall be stated in the following wording: 
 
 " Article 1379.  Transforming an Application for an Invention or Utility Model or Industrial 
Design 
1. Until the publication of information on an invention application (Item 1 of Article 1385) 
but not later than the date of a decision on the issuance of a patent, or, when adopting the decision on the refusal to issue the patent for an invention or declaring an application withdrawn, 
before the possibility of filing an objection agai nst this decision provided for by this Code, the 
applicant is entitled to transform it into a utility model or industrial design application by means of filing an appropriate application with the fede ral executive governmental body charged with 
intellectual property matters, except if the applic ant has filed an application about the proposal to 
make a contract of the patent's alienation provid ed for by Item 1 of Article 1366 of the present 
Code. 
2. The transformation of a utility model application into an invention or industrial design or 
an industrial design application into an invention or utility model application shall be permitted on 
the basis of an application filed with the federal executive governmental body charged with intellectual property matters until the date of a decision on the issuance of a patent, or if a 
decision on refusing to issue a patent or on declaring an application withdrawn is taken, until the 
possibility of filing an objection against this de cision provided for by this Code is exhausted. 
3. The transformation of an application for an invention, utility model or industrial design in 
compliance with Items 1 or 2 of this article shall be  allowed, if the priority and date of filing the 
transformed application subject to the requirem ents of Item 3 of Article 1375, Item 3 of 
Article 1376, Item 3 of Article 1377, Item 3 of Article 1381 or Article 1382 of this Code remain unchanged."; 
100) in Article 1380 the words "until the registration" shall be replaced by the words "until 
the state registration"; 
101) in Item 3 of Article 1381: 
a) Paragraph One shall be stated in the following wording: 
"3. The priority of an invention, utility model or  industrial design shall be established by the 
date when an earlier invention, utility model or industrial design application is filed by the same 
applicant with the federal executive governmental body charged with intellectual property matters 
that discloses these invention, utility model or industrial design, provided that the earlier application is not withdrawn, or declared withdrawn and on the basis of it the invention, utility model or industrial design was not registered in the appropriate register as of the date of filing the 
application in which the priority is sought and, with this, the application for an invention in which 
the priority is sought is filed within 12 months as from the date of filing an earlier application, while an application for a utility model or industrial design - within six months as from the date 
when an earlier application is filed."; 
b) in Paragraph Two the words "on which" shall be replaced by the words "in which"; c) in Paragraph Three the words "on which" shall be replaced by the words "in which"; 
102) in Article 1382: 
a) in Item 2: the words "utility model or" shall be deleted; a paragraph with the following content shall be added hereto: 
"If an attested copy of the first application is not filed within the cited time, the right of 
propriety, nevertheless, may be recognized by the federal executive governmental body charged with intellectual property matters on the applicant's petition filed with the same the federal 
executive governmental body charged with intellec tual property matters before the expiry of the 
cited time period. The petition may be allowed on condition that a copy of the first application has been requested for by the applicant at the same patent office with which the first application is 
filed within eight months as from the date of filing the first application and is presented with the 
federal executive governmental body charged with intellectual property matters within two months 
as from the date when it is received by the applicant."; IP/N/1/RUS/O/2/Add.2 
 
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  b) in Item 3: 
in Paragraph One after the words "application concerning the invention" shall be added the 
words "or utility model"; 
Paragraph Three shall be stated in the following wording: 
"The federal executive governmental body charged with intellectual property matters is only 
entitled to demand of an applicant to present a translation into Russian of the first application for an invention or utility model, if the verification of validity of a claim for the priority of the invention 
or utility model is connected with establishing the patentability of the declared invention or utility 
model."; 
103) in Item 1 of Article 1383: a) in Paragraph Two the words "after the receipt of a relevant notice from" shall be replaced 
by the words "after forwarding a relevant notice by"; 
b) in Paragraph Four the words "inventions, utili ty models or" shall be replaced by the words 
"inventions and/or utility models or identical"; 
c) in Paragraph Five the figure "5" shall be replaced by the figure "6"; 
104) in the title of Subparagraph 3 of Paragraph 5 of Chapter 72 the words", Utility Model 
and Industrial Design" shall be deleted; 
105) Article 1384 shall be stated in the following wording: 
 "Article 1384 . The Formal Expert Examination of an Invention Application 
1. A formal expert examination shall be carried out in respect of an invention application 
received by the federal executive governmental body  charged with intellectual property matters to 
verify the availability of the documents mentione d in Item 2 of Article 1375 of the present Code, 
and their compliance with established requirements. 
2. The federal executive governmental body charged with intellectual property matters shall 
immediately notify an applicant of a positive result of a formal expert examination of an 
application for an invention after the completion of the formal expert examination. 
3. If the invention application does not comply with the established requirements applicable 
to application documents, the federal executiv e governmental body charged with intellectual 
property matters shall send a request to the applicant asking him/it to file corrected or missing documents within three months after the receipt of the request. Unless the applicant files the 
documents so requested within the established term or files a petition for extension of the term, 
the application shall be deemed withdrawn. Th e term may be extended by the said federal 
executive governmental body by up to ten months. 
4. If when conducting a formal expert examination of the invention application it is 
established that it is filed in breach of the concept of unity of invention (Item 1 of Article 1375), the federal executive governmental body charged wi th intellectual property matters shall suggest 
that the applicant within three months after the receipt of the relevant notice state which of the 
inventions declared is to be examined, and if necessary amend the application documents. The other inventions declared by means of that ap plication may be formalised under divisional 
applications. Unless within the established term the applicant notifies which of the inventions 
declared is to be examined and if necessary files relevant documents, the invention indicated in 
the invention claim first shall be considered. 
5. If when conducting a formal expert examination of an invention application it is 
established, that the additional materials filed by an applicant change the application on its merits, 
the rules of Paragraph Three of Item 6 of  Article 1386 of this Code shall apply."; 
106) in Item 1 of Article 1385: 
a) in Paragraph One the words "from the day" shall be replaced by the words "from the 
date"; 
b) a) in Paragraph Two the words "from the day" shall be replaced by the words "from the 
date"; 
c) in Paragraph Four the words "12 months afte r" shall be replaced by the words "15 months 
after"; 
107) Article 1386 shall be stated in the following wording: 
 
"Article 1386.  The Expert Examination of an Invention Application on the Merits Thereof 
1. At a petition of an applicant or third persons that may be filed with the federal executive 
governmental body charged with intellectual property matters when an invention application is 
filed or within three years after filing the application, provided a formal expert examination is completed in respect of the application with a positive result, the invention application shall undergo an expert examination on the merits th ereof. The federal executive governmental body IP/N/1/RUS/O/2/Add.2 
 
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  charged with intellectual property matters shall notify the applicant of the third persons' petitions 
received. 
The term for filing a petition for an expert examination of an invention application on the 
merits thereof may be extended by the federa l executive governmental body charged with 
intellectual property matters at a petition of the ap plicant filed before the expiry of the term, by up 
to two months. 
Unless a petition for expert examination of the invention application on the merits thereof is 
filed within the established term, the application shall be deemed withdrawn. 
2. The expert examination of an invention appl ication on the merits thereof includes the 
following: 
information retrieval concerning the declared invention to assess the state of the art subject 
to which the invention patentability will be verified; 
verifying the compliance of the declared invention with the requirements established by 
Item 4 of Article 1349 of this Code and with the patentability conditions set out by Paragraph One 
of Item 1, Items 5 and 6 of Article 1350 of this Code. 
verifying the sufficiency of disclosing the essence of the declared invention in the documents 
of the application provided for by Subitems 1- 4 of Item 2 of Article 1375 of this Code and 
presented as of the date when it is filed for making  the invention by an expert in the given field of 
technology; 
verifying the compliance of the declared invention with the conditions of the patentability 
provided for by Paragraph Two of It em 1 of Article 1350 of this Code. 
The federal executive governmental body charged with intellectual property matters shall 
forward to an applicant a report on the information retrieval. 
No information retrieval shall be carried out in respect of the objects cited in Item 4 of 
Article 1349 and in Items 5 and 6 of Article 1350 of the present Code and the federal executive 
governmental body charged with intellectual prop erty matters shall notify an applicant of it. 
A procedure for carrying out information retrieval and for filing a report on it shall be 
established by the federal executive governmental body charged with normative legal regulation in 
the area of intellectual property. 
3. If a petition for holding an expert examination of an invention application on its merits is 
filed simultaneously with filing an application and no earlier priority is claimed for in the application 
than the date of filing the application, the fe deral executive governmental body charged with 
intellectual property matters shall forward to an applicant a report on information retrieval before the expiry of seven months as from the starting date of an expert examination of the application 
on its merits. 
The time period for forwarding to an applicant a report on information retrieval may be 
extended by the federal executive governmental bo dy charged with intellectual property matters, 
if there is a need for requesting from other organisations the source of information which is 
missing in the records of the cited federal executive power body or the declared invention is described so that it makes impossible to make the information retrieval in the established procedure. The cited federal executive power body shall notify an applicant about the extension of 
the time period for forwarding a report on information retrieval and about the reasons for its 
extension. 
4. The applicant and third persons are entitled to petition for an information retrieval 
concerning an invention application that has undergone a formal expert examination with a 
positive result in order to assess the state of the art subject to which the patentability of the declared invention is to be assessed. The procedure and conditions for such information retrieval 
and provision of information on the results thereof shall be established by the federal executive 
governmental body charged with normative legal regulation in the area of intellectual property. 
5. In respect of an invention application published in the procedure established by 
Article 1385 of this Code the federal executive power body in charge of intellectual property matter 
shall publish a report on the information retrieval effected in the procedure established by Items 2 
and 4 of this article. 
After publishing data on an invention application any person is entitled to present 
observations thereof in respect of the compliance of the declared invention with the patentability 
terms established by Article 1350 of this Code. Such  persons shall not take part in the proceedings 
concerning the application. Observations shall be taken into account when adopting a decision on 
an application in the procedure established by Article 1387 of this Code. 
A procedure for and term of informing an applicant about the results of holding an 
information retrieval and publication of a report on such retrieval shall be established by the federal executive governmental body charged with normative legal regulation in the area of 
intellectual property. IP/N/1/RUS/O/2/Add.2 
 
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  6. In the course of an expert examination of an invention application on the merits thereof 
the federal executive governmental body charged with intellectual property matters may request additional materials from the applicant (including a modified invention claim) without which the expert examination or adoption of the decision on  issuance of the invention patent is impossible. 
In this case, additional materials without a change in the essence of the invention shall be 
provided within three months after forwarding the request or copies of the materials contradicting the application, provided the applicant has asked for the said copies within two months after the 
request of the said federal body is forwarded. Unless within the established term the applicant 
provides the requested materials or files a petition  for extension of this term, the application shall 
be deemed withdrawn. The term established for the applicant to submit the materials requested 
may be extended by the said federal body by at most ten months. 
If it is established while holding an expert examination of an application on its merits that 
the requirement for the unity of an invention is  not satisfied, the provisions of Item 4 of 
Article 1384 of this Code shall apply. 
If an applicant has filed additional materials, it shall be verified whether they have changed 
the essence of an application or not. Additional materials in the part thereof that changes an application on its merits shall not be taken into account when considering an invention application. 
Such materials may be presented by an applicant as an independent application. The federal 
executive governmental body in charge of intellectual property matters shall notify an applicant of it."; 
108) Article 1387 shall be stated in the following wording: 
 
"Article 1387.  The Decision on Issuance of a Patent for an Invention, on Refusing to 
    Issue It or on Declaring an Application Withdrawn 
1. If as a result of an expert examination of an invention application on the merits thereof it 
is established that the declared invention expressed in the invention claim proposed by the applicant does not refer to the objects cited in Item 4 of Article 1349 of this Code, meets the 
conditions of patentab ility set out in Article 1350 of the present Code and the essence of the 
declared invention in the application documents provided for by Subitems 1-4 of Item 2 of Article 1375 of this Code and filed as of the date of its submission is disclosed fully enough for 
making the invention, the federal executive governmental body charged with intellectual property 
matters shall take the decision on issuing a patent for the invention with this invention claim. The 
decision shall contain the date of filing the invention application and the priority date of the invention. 
If in the course of the expert examination of an  invention application on the merits thereof it 
is established that the declared invention expressed in the invention claim proposed by the applicant does not comply with at least one requirement or condition of patentability cited in 
Paragraph One of this item or the application documents cited in Paragraph One of this item do not 
satisfy the requirements provided for by this paragraph, the federal executive governmental body charged with intellectual property matters shall take the decision on refusing to grant a patent. 
Until taking the decision on refusing to issu e a patent the federal executive governmental 
body charged with intellectual property matters sh all send a notice to the applicant of the results 
of verification of patentability of the invention declared with a proposal for presenting its arguments concerning the reasons set out in the notice. The applicant's reply containing 
arguments concerning the reasons set out in the notice may be presented within six months as 
from the date when the notice is forwarded thereto. 
2. The invention application shall be deemed withdrawn under the provisions of the present 
chapter on the basis of a decision of the fede ral executive governmental body charged with 
intellectual property matters. 
3. The decisions of the federal executive gove rnmental body charged with intellectual 
property matters on issuance of the patent for an invention, on refusing to grant a patent for the 
invention or on deeming the invention application withdrawn may be challenged by the applicant 
by means of filing his/its objection with the cited federal executive power body within seven 
months after forwarding by it to the applicant an  appropriate decision or copies of the materials 
requested from the cited federal executive power body which are opposed to the application and 
are cited in the decision on the refusal to issue the patent, provided that the applicant has requested for copies of these materials within three months as from the date of forwarding the 
decision adopted in respect of the invention application."; 
109) in Article 1388 after the word "matters" shall be added the words ", except for the 
application documents which are not available for familiarization to any person (in particular of the application cited in the notice provided for by Paragraph Two of Item 1 of Article 1383 of this 
Code), if data on such application are not published"; IP/N/1/RUS/O/2/Add.2 
 
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  110) in Article 1389: 
a) Item 1 shall be stated in the following wording: "1. If the applicant misses the main term or extended term for filing documents or additional 
materials at a request of the federal executive governmental body charged with intellectual 
property matters (Item 4 of Article 1384 and Item 5 of Article 1386), the term for filing a petition 
for expert examination of an in vention application on the merits thereof (Item 1 of Article 1386) 
and the term for filing an objection with the cited federal executive power body (Item 3 of 
Article 1387) may be renewed by the said federal executive power body, provided the applicant 
presents proof of a good reason for missing the term. 
The terms provided for by Item 4 of Article 1384, Items 1 and 6 of Article 1386 of this Code 
shall be renewed in compliance with the provisions of this chapter on the basis of a decision of the 
federal executive governmental body charged with intellectual property matters on reversal of the 
decision on declaring the application withdrawn and renewing the term missed."; 
b) in Paragraph Four of Item 2 the words "the chamber of patent disputes" shall be replaced 
by the words "the federal executive governmental body charged with intellectual property 
matters"; 
111) Article 1390 shall be stated in the following wording: 
 
"Article 1390 . An Expert Examination of a Utility Model Application 
1. A formal expert examination shall be carried out in respect of a utility model application 
received by the federal executive governmental body  charged with intellectual property matters to 
verify the availability of the documents mentione d in Item 2 of Article 1376 of the present Code 
and their compliance with established requirements. 
Should the result of a formal expert examination be positive, an expert examination of a 
utility model application shall be conducted, this comprising the following: 
information retrieval concerning the declared utility model to assess the state of the art 
subject to which the utility model's patentability will be verified; 
verifying the compliance of the declared invention with the requirements established by 
Item 4 of Article 1349 of this Code and with the patentability conditions set out by Paragraph One of Item 1, Items 5 and 6 of Article 135i of this Code. 
verifying the sufficiency of disclosing the es sence of the declared utility model in the 
documents of the application provided for by Subitems 1-4 of Item 2 of Article 1376 of this Code 
and presented as of the date when it is filed for making the utility model by an expert in the given 
field of technology; 
verifying the compliance of the declared utility model with the conditions of the patentability 
provided for by Paragraph Two of It em 1 of Article 1351 of this Code. 
The information retrieval in respect of the objects cited in Item 4 of Article 1349 and Items 5 
and 6 of Article 1351 of this Code shall not be conducted, and the federal executive governmental 
body charged with intellectual property matters shall notify an applicant of it. 
2. If as a result of an expert examination of a utility model application on the merits thereof 
it is established that the declared utility model expressed in the invention claim proposed by the 
applicant does not refer to the objects cited in Item 4 of Article 1349 of this Code, meets the 
conditions of patentab ility set out in Article 1351 of the present Code and the essence of the 
declared invention in the application documents provided for by Subitems 1-4 of Item 2 of 
Article 1376 of this Code and filed as of the date of its submission is disclosed fully enough for 
making the invention by an expert in the gi ven area of technology, the federal executive 
governmental body charged with intellectual proper ty matters shall take the decision on issuing a 
patent for the utility model with this invention claim. The decision shall contain the date of filing 
the utility model application and the priority date of the invention. 
If in the course of the expert examination of an utility model application on the merits 
thereof it is established that the declared object  expressed in the claim proposed by the applicant 
does not comply with at least one requirement or condition of patentability cited in Paragraph One 
of this item or the application documents provided  for by Subitems 1-4 of Item 2 of Article 1376 of 
this Code and filed as of the date of its submissi on do not disclose of the utility model fully enough 
for making the utility model by an expert in the given area of technology, the federal executive 
governmental body charged with intellectual proper ty matters shall take the decision on refusing 
to grant a patent. 
3. When conducting a formal expert examination of an application for a utility model and an 
expert examination of an application on its merits, the provisions provided for by Items 2-5 of Article 1384, Item 6 of Article 1386, Items 2 and 3 of  Article 1387, Articles 1388 and 1389 of this 
Code shall apply, respectively. IP/N/1/RUS/O/2/Add.2 
 
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  4. If when considering by the federal executive governmental body charged with intellectual 
property matters a utility model application it is established that the data contained therein constitutes a state secret, the application documents shall be declassified in the procedure established by the legislation on the state secret. In  so doing, the applicant shall be notified of the 
possibility of withdrawing the utility  model application or of transforming it into an application for a 
secret invention. The consideration of the application shall be suspended pending the receipt from the applicant of the appropriate application or  pending the application's declassification."; 
112) Article 1391 shall be stated in the following wording: 
 "Article 1391 . An Expert Examination of an Industrial Design Application 
1. An industrial design application received by the federal executive governmental body 
charged with intellectual property matters shall be  subjected to a formal expert examination to 
verify the availability of the documents mentione d in Item 2 of Article 1377 of the present Code 
and their compliance with established requirements. 
If the result of the formal expert examinatio n is positive, an expert examination of the 
industrial design application on the merits thereof shall be carried out, this including the following: 
information retrieval concerning the declared industrial design to determine the generally 
accessible data subject to which the patentability thereof will be verified; 
verifying the compliance of the declared industri al design with the requirements established 
by Article 1231.1, Item 4 of Arti cle 1349 of this Code and with th e patentab ility conditions set out 
by Paragraph One of Item 1, Items 5 and 6 of Article 1352 of this Code; 
verifying the compliance of the declared industrial design with the conditions of the 
patentability provided for by Paragraph Two of Item 1 of Article 1352 of this Code. 
The information retrieval in respect of the objects cited in Item 4 of Article 1349 and Items 5 
and 6 of Article 1351 of this Code shall not be conducted, and the federal executive governmental 
body charged with intellectual property matters shall notify an applicant of it. 
2. If as a result of an expert examination of an industrial design application on the merits 
thereof it is established that the declared indu strial design shown on images of an article's 
appearance does not refer to the objects cited in Article 1231.1 or Item 4 of Article 1349 of this Code and meets the conditions of patentability set out in Article 1352 of the present Code, the 
federal executive governmental body charged with  intellectual property matters shall take the 
decision on issuing a patent for the industrial design. The decision shall contain the date of filing 
the industrial design application and the priority date of the industrial design. 
If in the course of the expert examination of a utility model application on the merits thereof 
it is established that the declared object does not comply with at least one requirement or 
condition of patentability cited in Paragraph One of this item, the federal executive governmental body charged with intellectual property matters sh all take the decision on refusing to grant a 
patent. 
3. When conducting a formal expert examination of an application for a utility model and an 
expert examination of an application on its merits, the provisions stipulated by Items 2-5 of Article 1384, Item 6 of Article 1386, Items 2 and 3 of Article 1387, Articles 1388 and 1389 of this 
Code shall apply, respectively."; 
113) in Item 3 of Article 1392 the words "monet ary compensation" shall be replaced by the 
words "monetary remuneration" and the word "compensation" shall be replaced by the word 
"remuneration"; 
114) in Article 1393: a) Item 1 shall be stated in the following wording: 
"1. On the basis of the decision on issuing a patent for an invention, utility model or 
industrial design adopted in the procedure esta blished by Item 1 of Article 1387, Item 2 of 
Article 1390, Item 2 of Article 1391 or Articl e 1248 of this Code, the federal executive 
governmental body charged with intellectual property matters shall enter the invention, utility 
model or industrial design into the relevant state register, i.e. the State Register of Inventions of 
the Russian Federation, the State Register of Ut ility Models of the Russian Federation and the 
State Register of Industrial Designs of the Russian Federation, and it shall issue a patent for the 
invention, utility model or industrial design. 
If a patent has been sought in the names of se veral persons, a single patent shall be issued 
thereto."; 
b) Item 2 shall be stated in the following wording: 
"2. The state registration of an invention, utility  model or industrial design, and the issuance 
of a patent shall be completed, if the relevant pa tent duty has been paid. If an applicant has not 
paid the patent duty in the established procedure, the invention, utility model or industrial design IP/N/1/RUS/O/2/Add.2 
 
- 32 - 
 
  shall not be registered, and the relevant applicat ion shall be deemed withdrawn on the basis of a 
decision of the federal executive governmental bo dy charged with intellectual property matters. 
Should the decision on issuance of a patent for an invention, utility model or industrial 
design be disputed in the procedure establishe d by Article 1248 of this Code, the decision of 
declaring the application withdrawn shall not be taken."; 
c) Item 4 shall be stated in the following wording: "4. The federal executive governmental body charged with intellectual property matters 
shall enter on the basis of an application of the right holder in a patent issued for invention, utility 
model or industrial design and/or in the relevant state register the amendments related to the data on the right holder and/or author, in particular to the denomination or name of the right holder, the place of location or residence thereof, the author's name and address for 
correspondence, as well as the amendments aimed at correcting obvious and technical errors."; 
115) Item 1 of Article 1394 shall be stated in the following wording: "1. The federal executive governmental body charged with intellectual property matters 
shall publish information in its official bulletin on the issuance of a patent for an invention or utility 
model, including the name of the author (unless the author has refused to be mentioned as such), the name or denomination of the holder of the patent, the title and invention or utility model 
claim. 
The federal executive governmental body charged with intellectual property matters shall 
publish in its official bulletin data on the issuance of a patent for an industrial design, including the name of the author (unless the author has refused to be mentioned as such), the name or 
denomination of the holder of the patent, the name  of the industrial design or an image of an 
article giving in full an idea about all the essential features of the industrial design. 
The composition of the data to be published shall be defined by the federal executive 
governmental body charged with normative legal re gulation in the area of intellectual property."; 
116) a paragraph with the following content shall be added to Item 2 of Article 1395: "In respect of the appropriate application serving as a ground for seeking the priority for an 
international application filed with the federa l executive governmental body charged with 
intellectual property matters the provisions of Pa ragraph Two of Item 3 of Article 1381 of this Code 
shall not apply."; 
117) in Article 1396: 
a) Item 1 shall be stated in the following wording: 
"1. The federal executive governmental body charged with intellectual property matters 
shall commence considering an international application for an invention or utility model which is 
filed in accordance with the Patent Cooperation Treaty and in which the Russian Federation is 
referred to as the state in which the applicant intends to obtain a patent for the invention or utility model, upon the expiry of 31 months after the priority date sought in the international application 
on condition of filing with the cited federal executive power body an application for issuance of a 
patent for the invention or utility model. At the applicant's request the international application shall be considered before the expiry of this time period. 
Filing with the federal executive governmental  body charged with intellectual property 
matters an application for issuance of a patent for an invention or utility model may be replaced by 
the presentation of the application in Russian contained in the international application or of a translation of such application into Russian. 
Unless the said documents are filed within the established term, the effect of the 
international application in accordance with the Patent Cooperation Treaty shall be terminated in respect of the Russian Federation. 
The time period for filing the cited documents missed by an applicant may be restored by 
the federal executive governmental body charged with intellectual property matters on condition that the reasons for failure to observe are specified."; 
b) Item 2 shall be stated in the following wording: 
"2. The consideration of an Eurasian invention application having under the Eurasian Patent 
Convention the effect of an invention application envisaged by the present Code shall be commenced from the day when the federal executive governmental body charged with intellectual 
property matters receives an attested copy of th e Eurasian application from the Eurasian Patent 
Department."; 
118) Article 1398 shall be stated in the following wording: 
 
"Article 1398.   Declaring Invalid a Patent for an Invention, Utility Model or Industrial 
Design 
1. A patent for an invention, utility model or indu strial design may be declared invalid in full 
or in part if: IP/N/1/RUS/O/2/Add.2 
 
- 33 - 
 
  1) the invention, utility model or industrial design does not comply with the conditions of 
patentability established by the present Code or wi th the requirements provided for by Item 4 of 
Article 1349 of this Code, as well as if an industri al design does not comply with the requirements 
provided for by Article 1231.1 of this Code; 
2) the non-compliance of the documents of the application for an invention or utility model 
presented as of the date of its filing with the requirement for disclosing the essence of the invention or utility model fully enough for making the invention or utility model by an expert in a 
given field of technology; 
3) the invention or utility model claim contained in the decision on issuance of the patent 
contains features which are not disclosed as of the date of filing the application in the documents presented as of this date (Item 2 of Article 1378)  or the materials attached to the decision on 
issuance of a patent for an industrial design contain the articles' images comprising the essential 
f e a t u r e s  o f  t h e  i n d u s t r i a l  d e s i g n  t h a t  l a c k  o n  t h e images presented as of the date of filing the 
application or the articles' images from which the essential features of the industrial design 
available on the images presented as of the date of filing the application are deleted (Item 3 of 
Article 1378); 
4) the patent has been issued when there were  several applications for identical inventions, 
utility models or industrial designs having one and the same priority date, in breach of the 
conditions envisaged by Article 1383 of the present Code; 
5) the patent has been issued with an indication therein as the author or patent holder of a 
person not being such in accordance with the present Code or without an indication in the patent 
as the author or patent holder of the person being such in accordance with the present Code. 
2. The issuance of a patent for an invention, utility model or industrial design may be 
challenged by any person that has learned about the irregularities set out in Subitems 1-4 of 
Item 1 of the present article, by means of f iling an objection with the federal executive 
governmental body charged with intellectual property matters within its effective term fixed by Items 1-3 of Article 1363 of this Code. 
The issuance of a patent for an invention, utility model or industrial design may be 
challenged with court by any person that has learned about the irregularities set out in Subitem 5 of Item 1 of the present article within its effect ive term fixed by Items 1-3 of Article 1363 of this 
Code. 
The issuance of a patent for an invention, utility model or industrial design may be also 
challenged with court by any person concerned up on the expiry of the effective term thereof on 
the grounds and in the procedure which are estab lished by Paragraphs One and Two of this item. 
3. During the time period while a patent for an invention is being disputed the patent holder 
is entitled to file an application for transforming a patent for an invention into a patent for a utility model, if the effective term of the patent for the invention has not exceeded the effective term of 
the patent for the utility model provided for by Item 1 of Article 1363 of this Code. The federal 
executive governmental body charged with intellec tual property matters shall allow an application 
for transforming a patent for an invention into a patent for a utility model on condition of declaring 
the patent for the invention fully ineffective and of the utility model's compliance with the 
patentability requirements and conditions for utility models which are provided for by Item 4 of 
Article 1349, Article 1351, Subitem 2 of Item 2 of Article 1376 of this Code. The transformation 
shall not be effected, if a patent for an invention has been issued on the basis of the application in 
respect of which the proposal has been received to make a contract of the patent's alienation in 
the procedure established by Item 1 of Article 1366 of this Code, and this application is not 
withdrawn in compliance with Item 3 of Articl e 1366 of this Code as of the date when the 
application for the patent's transformation is filed. 
In the event of transforming a patent for an invention into a patent for a utility model, the 
priority and date of filing the application shall be preserved. 
4. A patent for an invention, utility model or industrial design shall be deemed invalid in full 
or in part under the decision of the federal executive governmental body charged with intellectual 
property matters adopted in accordance with Item s 2 and 3 of Article 1248 of the present Code or 
a court's decision that has come into force. 
If a patent is deemed partially invalid, a new patent shall be issued for an invention, utility 
model or industrial design. 
In the event of allowing an application for transforming a patent for an invention into a 
patent for utility model, a patent for the utility model shall be issued. 
5. A patent for an invention, utility model or in dustrial design that has been declared invalid 
in full or in part shall be annulled from the date when the application for the patent was filed. IP/N/1/RUS/O/2/Add.2 
 
- 34 - 
 
  6. The licence contracts concluded on the basis of a patent for an invention, utility model or 
industrial design that was later deemed invalid shall remain effective in as much as they have been discharged as of the time when the deci sion on the patent's invalidity was issued. 
7. Declaring a patent for an invention, utility model or industrial design as invalid shall mean 
the revocation of the decision of the federal executive governmental body charged with intellectual 
property matters on the issuance of the patent for the invention, utility model or industrial design 
(Article 1387) and the annulment of the entry made in the relevant state register (Item 1 of 
Article 1393)."; 
119) in Paragraph Three of Article 1399 the wo rds "as of the date of expiry" shall be 
replaced by the words "upon the expiry"; 
120) in Article 1400: 
a) Item 1 shall be stated in the following wording: 
"1. A patent for an invention, utility model or industrial design terminated due to the fact 
that no patent duty has been paid when due for the maintenance of the patent in effect may be 
reinstated by the federal executive governmental body charged with intellectual property matters 
at the petition of the person who owned the patent  or of the legal successor thereof. A petition for 
reinstatement of the patent may be filed with th e said federal body within three years after the 
expiry of the patent duty payment term but before  the expiry of the effective term of the patent 
envisaged by the present Code."; 
b) Item 4 with the following content shall be added hereto: "4. The right of after-use may be only transferred to another person jointly with the 
enterprise where an invention or a solution that only differs from the invention by the equivalent 
features (Item 3 of Article 1358), a utility model or industrial design was used or preparations for it were made."; 
121) in Article 1404: 
a) the words "Issued by an Authorised Body" shall be added to the title thereof"; b) the figures "1-3" shall be replaced by the figures "1-4"; 
122) Item 2 of Article 1405 shall be stated in the following wording: 
"2. The transfer of the exclusive right under a cont ract of alienation of a patent and granting 
of the right to use a secret invention under licence contract are subject to the state registration with the agency that has issued the patent for the secret invention or with the legal successor 
thereof or, in the absence of the legal successor, with the federal executive governmental body 
charged with intellectual property matters."; 
123) in Item 1 of Article 1406: 
a) in Subitem 7 the words "to the author of an invention, utility model or industrial design in 
accordance with the present Code" shall be deleted; 
b) Subitem 8 shall be declared invalidated; 
124) Article 1406.1 with the following content shall be added hereto: 
 "Article 1406.1.  Liability for Breaching the Exclusive Right to an Invention, Utility Model or 
Industrial Design 
Should the exclusive right to an invention, utility model or industrial design be violated, the 
author or other right holder, along with the use of other applicable remedies and punitive sanctions established by this Code (Articles 1250, 1252 and 1253), are entitled to demand at the 
choice thereof of the violator payment of the following compensation instead of repair for 
damages: 
1) in the amount from 10,000 to 5,000,000 roub les as determined at the discretion of the 
court on the basis of the nature of violation; 
2) in the twofold cost of the right to use the invention, useful model or industrial design 
determined on the basis of the price normally charged under comparable circumstances for the legal use of the invention, useful model or industrial design in the way that the infringer has 
used."; 
125) in Item 2 of Article 1408 the words "for the use of a service breeding achievement" 
shall be replaced by the words "a service breeding achievement"; 
126) in Item 2 of Article 1423 after the words "s hall carry out the state registration" shall be 
added the words "shall grant the right to use a breeding achievement under the terms of"; 
127) in Item 1 of Article 1425 the words "Upon the expiry of effective term" shall be 
replaced by the words "Upon termination"; 
128) Paragraph Two of Item 2 of Article 1427 sh all be stated in the following wording: 
"The state registration of transfer of the excl usive right to the acquirer under a contract of 
alienation of a patent shall be effected by the federal executive governmental body charged with IP/N/1/RUS/O/2/Add.2 
 
- 35 - 
 
  breeding achievement matters on condition of paying the patent duties, which the applicant 
(patent holder) has been relieved of."; 
129) in Article 1430: a) in Item 3 the word "another" shall be replaced by the words "civil law"; 
b) in Paragraph Two of Item 4 the words "shall own" shall be replaced by the words "shall be 
returned"; 
c) a paragraph with the following content shall be added to Item 5: 
"The right to remuneration for a service breedi ng achievement shall be unalienable but shall 
be transferred to the author's heirs for the remain ing part of the effective term of the exclusive 
right."; 
130) in Article 1431: 
a) Item 1 shall be stated in the following wording: 
"1. The right to receive a patent and the exclusive right to a breeding achievement that has 
been created, developed or discovered under a contract whose subject matter was the creation, 
development or discovery of such breeding ac hievement (by order) shall be owned by the 
customer, except as otherwise envisaged by the co ntract made by the contractor (performer) and 
the customer."; 
b) in Item 2 the second sentence shall be deleted; 
c) in Item 3 the words "to use the breeding achievement for his/its own needs" shall be 
replaced by the words "to use the breeding achievement for the purposes for which the 
appropriate contract has been made"; 
131) Subitem 3 of Item 2 of Article 1433 shall be declared invalidated; 
132) Item 2.1 with the following content shall be added to Article 1439: "2.1. On the basis of the right holder's application the federal executive governmental body 
charged with breeding achievement matters shall make the amendments related to the data on 
the right holder and/or the author of a breeding ac hievement , in particular to the denomination or 
name of the right holder, the location or place of residence thereof, the name of the author of the 
breeding achievement, postal address, as well  as the amendments aimed at correcting obvious 
and technical mistakes to the State Register of Protected Breeding Achievements and to the patent 
for a breeding achievement."; 
133) in Paragraph Two of Item 2 of Article 1448 the words "the entity of such elements" 
shall be replaced by the words "spatio-geometric la y-out of the entity of such elements and links 
between them"; 
134) in Item 2 of Article 1449 the words "the use of a service layout design" shall be 
replaced by the words "a service layout design"; 
135) in Article 1452: a) in Paragraph Two of Item 1 the words "for a certificate of state registration" shall be 
replaced by the words "for the state registration"; 
b) in Item 2 the words "for a certificate of st ate registration" shall be replaced by the words 
for the state registration"; 
c) Subitem 3 of Item 3 shall be declared invalidated; 
d) in Paragraph Two of Item 5 the words "o f the federal executive governmental body 
charged with intellectual property matters or on his own initiative the applicant is entitled to add, update and correct the materials of the registration application until the publication of information 
in the gazette" shall be replaced by the words "of the cited federal executive power body or on the 
own initiative the author or other right holder is entitled to add, update and correct the materials of the registration application before the time of the state registration"; 
e) Item 7 shall be stated in the following wording: 
"7. On the basis of the right holder's applicat ion the federal executive governmental body 
charged with intellectual property matters shall make the amendments related to the data on the right holder and/or the author of a lay-out designs , in particular to the denomination or name of 
the right holder, the location or place of residenc e thereof, the name of the author of the lay-out 
design, postal address, as well as the amendments aimed at correcting obvious and technical mistakes to the State Register of Integrated Circuits Layout Designs and to the certificate of the 
state registration of the layout- design. 
The federal executive governmental body charged with intellectual property matters shall 
publish in the official gazette data on any changes in the entries made in the Register of 
Integrated Circuits Layout Designs."; 
136) in Item 4 of Article 1457 the words "Upon the expiry" shall be replaced by the words 
"Upon termination" and the words "for its use" shall be deleted; IP/N/1/RUS/O/2/Add.2 
 
- 36 - 
 
  137) Article 1457.1 with the following content shall be added hereto: 
 "Article 1457.1.   The Transfer of the Exclusive Rights to a LayOut Design by Inheritance 
The provisions on transfer of the exclusive right to a work by inheritance (Article 1283) shall 
apply to the exclusive right to a layout-design.": 
138) Article 1460 shall be stated in the following wording:  
"Article 1460.  The Form of a Contract of Disposal of the Exclusive Right to a LayOut 
Design and the State Registration of Tr ansfer of the Exclusive Rights to a 
Layout Design, Its Pledge and Provision of the Rights to Use a Layout Design 
1. A contract of alienation of the exclusive right to a layout design and a licence contract 
shall be made in writing. Failure to observe the written form of the contract shall entail the contract's invalidity. 
2. If a layout design has been registered (Article 1452), the alienation and pledge of the 
exclusive right to the layout design, the provision on a contractual basis of the right to use the layout design and the transfer of the exclusive ri ght to the layout design and the licence contract 
shall be subject to the state registration with the federal executive governmental body charged 
with intellectual property matters in the procedure established by Article 1232 of this Code."; 
139) in Article 1461: a) in Item 3 after the words "by agreement" shall be replaced by the words "by a labour or 
civil law"; 
b) paragraphs with the following content shall be added to Item 4: "The right to remuneration for a service layout-design shall be unalienable but shall pass 
over to the author's heirs for the remaining part  of the effective term of the exclusive right. 
If the exclusive right to a layout design is held  by the author, the employer is entitled to use 
such layout design under the terms of an ordinary (non-exclusive) licence with remuneration to be 
paid to the right holder". 
140) in Paragraph One of Item 1 of Article 1462 the words "If a layout design has been 
created" shall be replaced by the words "The excl usive right to a layout design created" and the 
words "the contractor (performer) owns an exclusive right to the layout design" shall be replaced 
by the words "the contractor shall own it"; 
141) in Article 1463: a) in Item 1 the words "If a layout-design has been created" shall be replaced by the words 
"The exclusive right to a layout-design created" and the words "the contractor (performer) owns 
an exclusive right to the layout design" shall be replaced by the words "the contractor shall own it"; 
b) in Item 3 the words "for his/its own need s" shall be replaced by the words "for the 
purposes for which an appropriate contract has been made": 
142) Article 1465 shall be stated in the following wording:  
"Article 1465 . A Production Secret (Know-How) 
1. A s  a  p r o d u c t i o n  s e c r e t  ( k n o w - h o w )  s h a l l  b e  d e e m e d  i n f o r m a t i o n  o f  a n y  n a t u r e  
(production, technological, economic, organisation al and others) about the results of intellectual 
activities in the area of science and technology and about the methods of carrying out professional 
activities that has a real or potential commercial value due to its not being known to third persons, which is not freely accessible to third persons on le gal grounds, and the holder of such information 
takes reasonable measures aimed at keeping it confidential, in particular by way of introducing a 
commercial secret regime. 
2. As a production secret may not be deemed the data whose mandatory disclosure or 
inadmissibility of restricting an access to them are established by a law or any other legal act.": 
143) Part Two of Article 1471 shall be declared invalidated; 
144) in Article 1473: a) Paragraph One of Item 3 shall be stated in the following wording: 
"3. The legal entity shall have a single full company name and is entitled to have a brief 
company name in Russian. The legal entity is also entitled to have a single full and/or an abbreviated company name in any language of pe oples of the Russian Federation and/or in a 
foreign language."; 
b) Subitem 3 of Item 4 shall be declared invalidated; c) Item 5 shall be stated in the following wording: "5. If the company name of a legal entity do es not comply with the requirements of 
Article 1231.1 of this Code, Items 3 and 4 of this  article, the body responsible for the state IP/N/1/RUS/O/2/Add.2 
 
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  registration of legal entities is entitled to file a claim against such legal entity whereby it is forced 
to change its company name. On such occasion, the provisions of Items 2 and 3 of Article 61 of this Code shall not apply."; 
145) in Article 1474: 
a) the words "or on the Internet" shall be added to Paragraph One of Item 1; 
b) Item 4 shall be stated in the following wording: "4. A legal entity that has violated the rules of Item 3 of this article, If the right holder so 
demands, at the choice thereof, shall either stop using a company name identical to the company 
name of the right holder or similar thereto to the extent of confusion in respect of the types of activity similar to those pursued by the right holder, or to change its company name, as well as is bound to compensate the right holder for the damages inflicted."; 
146) in Article 1483: 
a) Paragraph Seven of Item 1 shall be declared invalidated; b) Item 1.1 with the following content shall be added hereto: 
"1.1. The provisions of Item 1 of this article shall not apply in respect of the denominations 
which: 
1) have acquired the discrimination performance as a result of their use; 
2) are made up of the elements cited in Subitems 1-4 of Item 1 of this article and form a 
combination having the discrimination performance."; 
c) Item 2 shall be stated in the following wording: "2. It is not allowed to effect the state registration as trademarks of the designations related 
to the objects which are not subject to legal prot ection in compliance with Article 1231.1 of this 
Code or are similar to them to the extent of confusion."; 
d) in Item 6: 
in Subitem 1 the words "is withdrawn or is d eemed withdrawn" shall be replaced by the 
words "is withdrawn, is deemed withdrawn and in respect of it the decision has been adopted to 
deny the state registration": 
the words "from an earlier date than the priority  of the declared designation" shall be added 
to Subitem 3; 
Paragraph Five shall be stated in the following wording: "The registration as a trademark for uniform goods of a designation similar to the extent of 
confusion with any of the trademarks mentioned in Subitems 1 and 2 of this item shall be only 
admissible with the consent of the right holder, provided that such registration may not be a reason for consumers' misleading. The consent may not be withdrawn by the right holder."; 
a paragraph with the following content shall be added hereto: 
"The provisions stipulated by Paragraph Five of this item shall not apply to the designations 
which are similar to the extent of confusion with collective marks."; 
e) in Item 7 the words "except for cases when such designation" shall be replaced by the 
words ", as well as with the designation declared for registration as such before the priority date of a trademark, except when such designation or the on e similar to that to the extent of confusion"', 
and the words "if the trademark registration" shall be replaced by the words "on condition that the 
registration of a trademark"; 
f) in Item 9: in Subitem 2 after the words "Article 1265" shall be added the words "and Subitem 3 of 
Item 1 of Article 1315"; 
a paragraph with the following content shall be added hereto: "The provisions of this article shall also apply in respect of the designations which are similar 
to the extent of confusion with the objects cited therein."; 
g) Item 10 shall be stated in the following wording: "10. The designations whose elements are the individualization means of other persons 
similar to them to the extent of confusing, as well  as the objects cited in Item 9 of this article, 
protected in compliance with this article may not be registered as trademarks in respect of 
homogeneous goods. 
The state registration as trademarks as such designations shall be allowed where there is 
the appropriate consent provided for by Item 6 and Subitems 1 and 2 of Item 9 of this article."; 
h) Item 11 with the following content shall be added hereto: "11. On the grounds provided for by this article legal protection shall not be also provided to 
the trademarks registered in compliance with international treaties made by the Russian 
Federation."; 
147) in Item 2 of Article 1486 the words "not affe cting its distinguishing capability" shall be 
replaced by the words "not modifying the essence of the trademark"; IP/N/1/RUS/O/2/Add.2 
 
- 38 - 
 
  148) in Article 1489: 
a) in Item 1 the words "as applicable to a certain area of entrepreneurial activity" shall be 
replaced by the words "in respect of all or a part of the goods for which the trademark is registered": 
b) Item 1.1 with the following content shall be added hereto: 
"1.1. The licence agreement on granting the right to use a trademark shall contain, along 
with the terms provided for by Item 6 of Article 1235 of this Code, a list of the goods in respect of 
which the right to use the trademark is granted."; 
c) in Item 3 the words "to use such appellation" shall be replaced by the words "to such 
appellation": 
149) Article 1490 shall be stated in the following wording: 
 
"Article 1490 . The Form of a Contract of Disposing the Exclusive Right to a Trademark 
and the State Registration of Tran sfer of the Exclusive Right to a 
Trademark, of the Pledge of the Ex clusive Right to a Trademark and of 
Granting the Right to Use a Trademark 
1. A contract of alienation of an exclusive right to a trademark, a licence contract, and also 
other contracts used to dispose of the exclusive ri ght to a trademark shall be concluded in writing. 
Failure to observe the written form thereof shall entail the invalidity of a contract. 
2. The alienation and pledge of the exclusive ri ght to a trademark, granting on a contractual 
basis of the right to use it and transfer of the ex clusive right to a trademark without a contract are 
subject to the state registration in the proced ure established by Article 1232 of this Code."; 
150) in Article 1491: a) Item 1 shall be stated in the following wording: 
"1. The exclusive right to a trademark shall be effective within ten years after filing the 
trademark state registration application with the federal executive governmental body charged with intellectual property matters or, in the event of registration of a trademark on the basis of a 
divisional application, as from the date when the initial .application is filed.": 
b) in Paragraph Three of Item 2 the words ", provided the duty is paid" shall be deleted; 151) Item 5 of Article 1492 shall be stated in the following wording: "5. The charter of a collective mark shall be attached to an application for a trademark, if 
the application is to be filed for a collective mark (Item 1 of Article 1511)."; 
152) Item 1 of Article 1493 shall be stated in the following wording: "1. After a trademark application is filed with the federal executive governmental body 
charged with intellectual property matters any person is entitled to get familiar with the 
documents of the application. 
The federal executive governmental body charged with intellectual property matters shall 
publish in the official gazette data on the applications filed for trademarks. 
After publishing data on an application and pend ing the adoption of the decision on the state 
registration of a trademark any person is entitled  to file with the federal executive governmental 
body charged with intellectual property matters a petition in writing that contains arguments as to 
the non-compliance of the declared designation with  the requirements of Articles 1477 and 1483 of 
this Code."; 
153) in Paragraph One of Item 3 of Article 1496 the words "within six months after the 
receipt of a relevant notice from the federal executive governmental body charged with intellectual 
property matters" shall be replaced by the words "within seven months as from the date of forwarding by the federal executive government al body charged with intellectual property 
matters"; 
154) in Article 1497: a) the words "or the adoption of the decision on  the denial of the state registration thereof" 
shall be added to Item 3; 
b) in Paragraph Two of Item 4 the first sentence shall be stated in the following wording: 
"The additional materials shall be submitted by th e applicant within three months after forwarding 
thereto by the federal executive governmental body  charged with intellectual property matters the 
relevant request or copies of the materials opposed to the application, provided these copies have 
been requested by the applicant within two months after forwarding the request by the federal executive governmental body charged with intellectual property matters."; 
155) in Article 1499: 
a) in Item 1: in Paragraph Two the words "and Items 1-7" shall be replaced by the words "and Items 1-7, 
Subitem 3 of Item 9 (as regards industrial designs), Item 10 (as regards means of 
individualization and industrial designs)"; IP/N/1/RUS/O/2/Add.2 
 
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  a paragraph with the following content shall be added hereto: 
"In the event of receiving the petition in compliance with Paragraph Three of Item 1 of 
Article 1493 of this Code, the arguments as to non-compliance of the declared designation with the requirements of Articles 1477 and 1483 of this Code  contained in the petition shall be taken into 
account when conducting an expert examination of the declared designation."; 
b) a sentence with the following content shall be added to Item 2: "In compliance with 
international treaties of the Russian Federation , on the basis of the results of an expert 
examination of a trademark the federal executive governmental body charged with intellectual 
property matters shall render the decision on provid ing legal protection or on the refusal to provide 
legal protection to the trademark in the territory of the Russian Federation."; 
c) in Item 3 the words "on the results of the expert examination of the declared designation 
a notice in writing may be sent to the applicant" shall be replaced by the words "on the denial of 
the state registration of a trademark or the decisi on on the state registration of a trademark in 
respect of the goods contained in a list of goods as of the fate of filing an application or in the list 
modified by an applicant in compliance with Item 2 of Article 1497 of this Code, the applicant shall 
be forwarded"; 
156) in Article 1500: 
a) Item 1 shall be stated in the following wording: 
"1. The decisions of the federal executive governmental body charged with intellectual 
property matters on a refusal to accept for consideration a trademark application, on the state registration of a trademark, on refusal to gran t the state registration to a trademark and on 
declaring a trademark application withdrawn, the de cision on granting or on the refusal to grant 
legal protection to a trademark in the territory of the Russian Federation or to deny the state protection thereof in compliance with internatio nal treaties of the Russian Federation may be 
challenged by the applicant by means of fi ling an objection with the federal executive 
governmental body charged with intellectual property matters within four months after forwarding the relevant decision or copies of the materials opposing the application requested from the said 
federal executive governmental body, provided th e applicant requested copies of the materials 
within one month after his/its receipt of the relevant decision."; 
b) in Item 2 the words "the chamber of patent disputes" shall be replaced by the words "the 
federal executive governmental body charged with intellectual property matters"; 
157) Article 1501 shall be stated in the following wording: 
 "Article 1501 . The Renewal of the Missed Term Connected with Holding the Expert 
Examination of a Trademark Application 
1. The term provided for by Item 4 of Articl e 1497 and Item 1 of Article 1500 of this Code 
and missed by an applicant may be renewed by the federal executive governmental body charged 
with intellectual property matters on petition of the applicant filed within six months after the 
expiry of the term, if the applicant cites the reasons for his/its failure to observe it. The petition for renewal of a missed term shall be filed by the app licant with the said federal executive power body 
simultaneously with the additional materials requested in accordance with Item 4 of Article 1497 of 
the present Code or with a petition for extension of the term for filing thereof or simultaneously 
with filing an objection with the federal executive governmental body charged with intellectual property matters under Article 1500 of the present Code. 
2. The term provided for by Item 4 of Article1497 of this Code shall be restored in 
compliance with the provisions of this chapter on the basis of the decision of the federal executive 
governmental body charged with intellectual property matters on the reversal of the decisions on 
declaring an application withdrawn and on restoration of the missed term."; 
158) in Item 2 of Article 1502 after the words "the trademark application" shall be added the 
words "or consideration by the federal executive governmental body charged with intellectual property matters of an objection against the deci sion of the federal executive governmental body 
charged with intellectual property matters on the st ate registration of a trademark or on the denial 
of the state registration of a trademark adopte d on the ground provided for by Item 6 of 
Article 1483 of this Code."; 
159) in Article 1503: 
a) Paragraph One of Item 1 shall be stated in the following wording: "1. Under the decision on the state registration of a trademark adopted in the procedure 
established by Item 2 of Article 1499 the fede ral executive governmental body charged with 
intellectual property matters within a month as from the date of paying the duty for the state registration of the trademark and for issuance of th e certificate in respect of it shall complete the 
state registration of the trademark in the State Register of Trademarks.": IP/N/1/RUS/O/2/Add.2 
 
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  b) Item 2 shall be stated in the following wording: 
"2. If an applicant has not paid in the established procedure the duty cited in Item 1 of this 
article, a trade mark shall not be registered and the appropriate application shall be deemed 
withdrawn on the basis of a decision of the fe deral executive governmental body charged with 
intellectual property matters. 
In the event of disputing the decision on re gistration of a trademark in the procedure 
established by Article 1248 of this Code, the decisi on on declaring the application withdrawn shall 
not be rendered."; 
160) in Article 1505: a) Item 1 shall be stated in the following wording: "1. The federal executive governmental body charged with intellectual property matters 
shall make on the basis of the right holder's app lication in the State Register of Trademarks and 
the issued certificate for the trademark the amendmen ts related to the data on registration of the 
trademark, in particular on the right holder, deno mination or name thereof, location or place of 
residence, postal address, as well as the amendments connected with the reduction of a list of 
goods and services for whose individualization the trademark has been registered and the amendments in individual elements of the tradem ark that do not change the essence thereof, and 
also the amendments for correcting obvious and technical mistakes."; 
b) Items 3 and 4 shall be declared invalidated; 161) in Article 1512: a) in Item 2: 
in Subitem 2 the words "Items 6 and 7" shall be replaced by the words "Items 6, 7 and 10"; 
Subitem 6 shall be stated in the following wording: "6) in full or in part within the whole effective term of legal protection, if the right holder's 
actions connected with the provision of legal protection to a trademark or to another trademark 
which is similar to it to the point of confusion are declared in the established procedure an abuse of the right or unfair competition;"; 
Subitem 7 with the following content shall be added hereto: 
"7) in full or in part for the whole effective term of legal protection if it is provided with a 
failure to satisfy the requirements of Item 3 of Article 1496 of this Code. 
The provisions of Subitems 1-3 of this item shall apply subject to the circumstances that 
have occurred as of the date of filing an objection (Article 1513)"; 
b) Item 4 with the following content shall be added hereto: "4. The provision of legal protection in the territory of the Russian Federation to a trademark 
registered in compliance with international treaties  of the Russian Federation may be disputed and 
declared invalid on the grounds provided for by Item 2 of this article."; 
162) in Article 1513: 
a) in Item 1 the words "with the chamber of patent disputes or" shall be deleted; 
b) in Item 2 after the figures "1-4" shall be added the figures ", 6, 7" and the words "with 
the chamber of patent disputes" shall be deleted; 
c) in Item 3: 
in Paragraph One the words "with the chamber of patent disputes" shall be deleted; 
Paragraph Two shall be declared invalidated; 163) in Article 1514: 
a) Subitem 4 of Item 1 shall be stated in the following wording: 
"4) on the basis of the decision of the federal executive governmental body charged with 
intellectual property matters on early terminatio n of the legal protection of the trademark in 
connection with termination of the legal entity being the right holder or registration of termination 
by a citizen of the entrepreneurial activity of th e individual entrepreneur being the right holder;"; 
b) Item 5 with the following content shall be added hereto: "5. The legal protection in the territory of the Russian Federation of a trademark registered 
in compliance with international treaties of the Russian Federation shall be terminated on the 
grounds and in the procedure which are provided for by this article."; 
164) in Item 2 of Article 1518: 
a) in Paragraph One after the word "certificate' shall be added the words "or certificates" 
and the words "these persons" shall be replaced by the words "each such person"; 
b) the words "(Item 1 of Article 1516)" shall be added to Paragraph Two; 
165) Paragraph One of Item 2 of Article 1519 sh all be stated in the following wording: 
"2. As the use of the appellation of the goods' origin shall be deemed, in particular, the 
placement of this appellation:"; IP/N/1/RUS/O/2/Add.2 
 
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  166) in Article 1522: 
a) a paragraph with the following content shall be added to Item 2: "An application for the state registration of the appellation of the place of the goods' origin 
and for granting the exclusive right to this appellation may be filed by a single person or by 
several persons."; 
b) Item 5 shall be stated in the following wording: "5. If the geographic object whose name is bein g declared as an appellation of the goods' 
place of origin is located in the territory of the Russian Federation, the application shall be have 
attached thereto a statement of the federal exec utive power body authorised by the Government 
of the Russian Federation (of the authorised body ) to the effect that within the boundary of the 
given geographic object the applicant manufactures merchandise whose special properties are 
exclusively or predominantly due to the natural conditional and/or human factors characteristic of 
the given geographic object (Item 1 of Article 1516). 
Where an application for the state registration of  the appellation of the place of goods' origin 
and for granting the exclusive right to this appellation is filed by several persons, the application 
shall have attached thereto on the applicant's initiative the statement cited in Paragraph One of this item in respect of each applicant's goods. 
Attached to the application for an exclusive righ t to an appellation of the place of the goods 
origin located in the territory of the Russian Federa tion that has been registered earlier shall be a 
statement of the competent body to the effect that within the boundary of the given geographic object the applicant manufactures merchandise possessing the special properties specified in the 
State Register of Appellations of Origin of the Russian Federation (the State Register of 
Appellations of Origin) (Article 1529). 
If the statement cited in Paragraphs One, Two and Three of this item has not been filed by 
an applicant, the federal executive governmental body charged with intellectual property matters 
shall request the authorised body for the cite d statement or the data contained therein. 
The authorized body shall exercise control over preservation of the special properties of the 
goods in respect of which the appellation of th e place of the goods' origin is registered. 
If the geographic object whose name is being declared as the appellation of the place of 
origin for merchandise is outside the Russian Federation, the application shall be accompanied by a document confirming the applicant's right in the country of origin of the merchandise to the 
appellation of the place of goods' origin being declared."; 
c) Item 9 with the following content shall be added hereto: "9. The federal executive governmental body charged with intellectual property matters 
shall publish in the official gazette thereof data on filed applications for the place of the goods' 
origin, except for the data contained in a description of the goods' special properties. 
After publication of data on an application and before adoption of the decision on the state 
registration of the appellation of the place of good s' origin and granting the exclusive right to such 
appellation or on the refusal to effect the state regi stration of the appellation of the place of goods' 
origin and/or to grant the exclusive right to such appellation any person is entitled to file with the federal executive governmental body charged with intellectual property matters a petition in 
writing containing arguments against the provision of legal protection to the appellation of the 
place of the goods' origin or against granting the exclusive right to the use of the appellation of the 
place of the gods' origin."; 
167) Paragraph Two of Item 3 of Article 1523 sh all be stated in the following wording: 
"The additional materials shall be submitted by an applicant within three months after 
forwarding the relevant request by the federal executive governmental body charged with 
intellectual property matters. On the applicant's petition this term may be extended by at most six 
months, if the petition is received before the expiry  of the term for giving an answer to a request. 
If an applicant has not observed the cited term or has not replied to the request for additional 
materials, the petition shall be deemed withdrawn on the basis of a decision of the federal 
executive governmental body charged with intellectual property matters."; 
168) in Item 1 of Article 1525: a) in Paragraph Three the word "second" shall be replaced by the word "third"; 
b) a paragraph with the following content shall be added hereto: 
"In the event of receiving the petition in comp liance with Item 9 of Article 1522 of this Code, 
the arguments contained therein shall be taken into account when holding an expert examination 
of the declared appellation."; 
169) in Article 1528: a) in Item 1 the words "with the chamber of pa tent disputes within three months after the 
receipt of" shall be replaced by the words "with the federal executive governmental body charged 
with intellectual property matters within four months as from the date of forwarding"; IP/N/1/RUS/O/2/Add.2 
 
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  b) in Item 2: 
Paragraph One shall be stated in the following wording: "2. The term envisaged by Item 3 of Article 1523 of the present Code and Item 1 of the 
present article and missed by an applicant may be  renewed by the federal executive governmental 
body charged with intellectual property matters on a petition of the applicant filed within six 
months after the expiry of the term, provided th at the applicant cites the reasons for which this 
term has not been observed.": 
a paragraph with the following content shall be added hereto: 
"The term in compliance with this item shall be restored on the basis of the decision of the 
federal executive governmental body charged with intellectual property matters on reversal of the 
decision on declaring an application withdrawn and on restoration of the missed term."; 
170) Item 1 of Article 1530 shall be stated in the following wording: 
"1. A certificate of an exclusive right to the appellation of the place of goods origin shall be 
issued by the federal executive governmental bo dy charged with intellectual property matters 
within a month after paying the duty for the issuance  of the certificate of the exclusive right to the 
appellation of the place of goods' origin. 
If the cited duty is not paid in the established procedure, the certificate shall not be issued."; 
171) in Item 2 of Article 1531: 
a) Paragraph One shall be stated in the following wording: "2. The effective term of a certificate of exclusive right to the appellation of the place of 
origin may be extended on the basis of an application of the holder of the certificate. The 
application shall have attached thereto on the right holder's initiative a statement of the authorised 
body to the effect that within the boundary of the appropriate geographic object the certificate's 
holder manufactures merchandise possessing the special properties specified in the State Register 
of Appellations of Origin of the Russian Federa tion. If the right holder does not present a 
statement of the authorized body, the federa l executive governmental body charged with 
intellectual property matters shall request the au thorized body for the statement or for the data 
contained therein."; 
b) in Paragraph Four the words "provided an additional duty has been paid" shall be deleted; 172) Article 1532 shall be stated in the following wording:  
"Article 1532 .  Making Amendments to the State Register of Appellations of Origin and to 
a Certificate of Exclusive Right to an Appellation of Origin 
1. The federal executive power body in charge of intellectual property matters on the basis 
of the right holder's petition shall make amendments  in the State Register of Appellations of Origin 
and to a certificate of the exclusive right to an appellation of origin which are related to the state registration of the appellation of the place of good s' origin and to granting the exclusive right to 
this appellation (Item 2 of Article 1529), in particular to the denomination or name of the right 
holder, location or place of residence thereof, postal address, as well as amendments aimed at correcting obvious and technical mistakes. 
The holder of a certificate of the exclusive right to an appellation of origin shall notify of the 
changes occurring in his/its name and the other changes relating to the state registration of the 
appellation of origin and the granting of exclusive right to the appellation of origin (Item 2 of Article 1529). 
An entry on the change shall be made to the State Register of Appellations of Origin and in 
the certificate, provided the relevant duty has been paid. 
2. An application for making amendments in a description of special properties of the goods 
in respect of which the appellation of the place of their origin is registered shall have attached 
thereto on the right holder's initiative a statement of the authorised body to the effect that such 
amendments do not make a major impact upon the goods' special properties. If the statement of 
the authorised body is not presented by an applic ant, the federal executive power body in charge 
of intellectual property matters shall request th e authorized for the statement or for the data 
contained therein."; 
173) in Article 1535: 
a) in Item 1: 
in Paragraph One the words "a certificate" shall be replaced by the words "all certificates"; in Paragraph Three the words "a certificate" shall be replaced by the words "all certificates"; 
b) the words ", if the exclusive right has been gr anted in defiance of the requirements of this 
Code" shall be added to Paragraph One of Item 2; IP/N/1/RUS/O/2/Add.2 
 
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  174) in Article 1536: 
a) Subitem 2 of Item 1 shall be stated in the following wording: "2) termination of legal protection of the appellation of the place of goods' origin in the 
country of the goods' origin."; 
b) in Item 2: 
Subitem 3 shall be stated in the following wording: "3) termination of the legal entity being the righ t holder or registration of termination by a 
citizen of the activities as an individual businessman being the right holder or such citizens' 
death;"; 
Subitem 6 with the following content shall be added hereto: "6) loss by a foreign legal entity, foreign citizen or stateless person of the right to a given 
appellation of the place of goods' origin in the country of the goods' origin."; 
c) in Paragraph One of Item 3 after the word "certificate' shall be added the words "or 
certificates" and the words "and on the ground set out in Subitem 3 of Item 2" shall be replaced by 
the words "and on the grounds provided for by Subitems 3 and 6 of Item 2"; 
175) in Article 1537: a) Subitem 2 of Item 2 shall be stated in the following wording: 
"2) of double the value of the counterfeit goods on which the appellation of the place of 
goods' origin was placed illegally.": 
b) in Item 3 the words "applying warning marks"  shall be replaced by the words "using the 
mark of protection of the appellation of the place of goods' origin"; 
176) in Item 1 of Article 1539 after the words "on the packaging thereof," shall be added the 
words "on the Internet,". 
 
Article 4 
The following amendments shall be made to Federal Law No. 98-FZ of July 29, 2004 on 
Commercial Secrecy (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2004, No. 32, Article 3283; 
2006, No. 6, Article 636; No. 52, Article 5497; 2007, No. 31, Article 4011; 2011, No. 29, 
Article 4291): 
1) Part 1 of Article 1 shall be stated in the following wording: "1. The present Federal Law regulates the relations, involved in the establishment, 
amendment and termination of the regime of commercial secrecy with respect to the information 
that has a real or potential commercial value by virtue of its not being known to third persons."; 
2) Article 2 shall be declared invalidated; 
3) Item 2 of Article 3 shall be stated in the following wording: 
"2) information constituting a commercial secret  means data of any character 
(production, technical, economic, organisational, etc.), including those on the results of intellectual 
activity in the scientific and technical area, as well as information on the methods for the 
performance of professional activity of an actual or potential commercial value because it is unknown to third persons, as third persons have no free access to it on lawful grounds and with respect to which the possessor of such information has introduced the regime of commercial 
secrecy;"; 
4) Article 6.1 with the following content shall be added hereto:  
"Article 6.1.  The Rights of the Holder of Inform ation Constituting a Commercial Secret 
1. The rights of the holder of information constituting a commercial secret shall originate 
from the time of establishing by him/it in respect of this information the regime of commercial 
secrecy in compliance with Article 10 of this Federal Law. 
2. The holder of information constituting commercial secret shall enjoy the right: 
1) to establish, change and cancel in writing the regime of commercial secret in compliance 
with this Federal Law and a civil law agreement; 
2) to use the information constituting a commercial secret for meeting own needs in the 
procedure which is not at variance with the legislation of the Russian Federation; 
3) to provide or prohibit access to the information constituting a commercial secret and to 
define a procedure for and terms of access to this information; 
4) to demand of the legal entities and natural person that have obtained access to the 
information constituting a commercial secret, of the state power bodies, other state bodies and 
local authorities, which the information constituting a commercial secret has been provided to, the 
discharge of the duties involved in keeping it confidential; 
5) to demand of the person that have obtained access to the information constituting a 
commercial secret as a result of actions made by accident or by mistake to keep this information 
confidential; IP/N/1/RUS/O/2/Add.2 
 
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  6) to protect their right in the procedure estab lished by law in case of divulgence or illegal 
use by third persons of the information constituting a commercial secret, in particular to demand repair for the damages caused in connection with violation of their rights."; 
5) Article 11 shall be stated in the following wording: 
 
"Article 11 . Protection of the Confidentiality of Information Constituting Commercial 
Secret Within the Framework of Labour Relations 
1. With the objective to protect the confidentiality of information constituting commercial 
secret the employer shall be obligated: 
1) to familiarise against receipt the employee whose access to this information held by the 
employer and by contractors thereof is essential for him to fulfill by this employee his labour 
obligations with a list of information constituting a commercial secret; 
2) to familiarise against receipt the employee with the regime of commercial secrecy 
established by the employer and also with punitive measures for violation of same; 
3) to create for the employee necessary conditions enabling him to comply with the regime 
of commercial secrecy established by the employer. 
2. Access of an employee to the information constituting a commercial secret shall be 
effected with his consent thereto unless that is stipulated under his labour obligations. 
3. With a view to protect the confidentiality of information constituting a commercial secret, 
the employee shall be obligated: 
1) to observe the regime of commercial secrecy established by the employer; 
2) not to disclose information constituting a commercial secret the holder of which is the 
employer and his counteragents and not to use that information for personal aims without their consent thereto within the whole time period while the regime of commercial secrecy is in effect, 
including after termination of the labour contract's validity term; 
3) to compensate for the losses caused to the employer, if the employee is guilty of 
divulging the information constituting a commercial secret that has become known thereto in 
connection with the discharge of labour duties thereof; 
4) to pass over to the employer upon termination or dissolution of the labour contract the 
material information media which are at the disposal thereof and which contain the information constituting a commercial secret. 
4. The employer is entitled to demand the repair for damages caused thereto by divulgence 
of the information constituting a commercial secret by the person who has obtained access to this information in connection with the discharge of labour duties but has terminated labour relations 
with the employer, if this information was divulged during the effective term of the regime of 
commercial secrecy. 
5. The losses caused by an employee or by a person that has terminated the relations 
thereof with the employer shall not be compensated for, if the information constituting a 
commercial secret was divulged as a result of th e employer's failure to ensure the regime of 
commercial secrecy, actions of third persons or acts of God. 
6. A labour contract made with the head of an organisation shall provide for his duty to 
guarantee protection of the confidentiality of the information constituting a commercial secret, the 
holder of which is the organisation and its counteragents, and for responsibility to ensure the protection of its confidentiality. 
7. The head of an organisation shall compensate to the organisation for the losses caused by 
guilty actions thereof in connection with violation of the legislation of the Russian Federation on commercial secrecy. In so doing, the losses shall be estimated in compliance with the civil 
legislation. 
8. The employee shall have the right to appeal judicially against the illegal institution of the 
regime of commercial secrecy in respect of information to which he/she has acquired access in connection with performance by him/her of labour duties thereof."; 
 
Article 5   
The following amendments shall be made to Federal Law No. 231-FZ of December 18, 2006 
on Putting into Operation Part Four of the Ci vil Code of the Russian Federation (Sobranie 
Zakonodatelstva Rossiyskoy Federatsii, 2006, No. 52, Article 5497): 
1) Part Four with the following content shall be added to Article 11: 
"The exclusive right to the result of an intellectual activity created under a state contract 
before January 1, 2008 and possessed by the Russia n Federation or by a constituent entity of the 
Russian Federation may be assigned to the perf ormer of works, if the state orderer does not 
practically apply (introduce) this result before January 1, 2015. Where such exclusive right 
requires the state registration but, nevertheless, is not included into an appropriate state register, IP/N/1/RUS/O/2/Add.2 
 
- 45 - 
 
  the performer of works interested in the practical application (introduction) of this result shall take 
necessary measures aimed at the state registration thereof and the obtainment of a patent. A procedure for assigning exclusive rights to approp riate results to performers of works and other 
persons shall be established by the Government of the Russian Federation."; 
2) Article 12 shall be declared invalidated. 
 Article 6   
Item 2 of Article 4 of Federal Law No. 187-FZ of July 2, 2013 on Amending Certain 
Legislative Acts of the Russian Federation on Protecting Intellectual Rights in Information-Telecommunication Networks (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2013, No. 27, Article 3479) shall be declared invalidated. 
 
Article 7   
1. This Federal Law shall enter into force on October 1, 2014, except for the provisions for 
which this article fixes other time for entry into force. 
2. Article 1 of this Federal Law shall enter into force on July 1, 2014. 
3. Item 5, Subitem (b) of Item 32, Items 33,  86 and 124 of Article 3 of this Federal Law 
shall enter into force on January 1, 2015. 
4. The provisions of Article 1363 of the Civil Code of the Russian Federation (in the wording 
of this Federal Law) shall apply to patents for industrial designs issued on the basis of the applications bearing the date of filing after January 1, 2015. 
5. The provisions of Article 1366 of the Civil Code of the Russian Federation (in the wording 
of this Federal Law) shall also apply to the applications filed before the date when this Federal Law enters into force. 
6. The rules of Item 5 of Article 1286 of the Ci vil Code of the Russian Federation (in the 
wording of this Federal Law) shall apply to the licence agreements in respect of which the proposals to make them are made after the date when this Federal Law enters into force. 
7. The provisions of the Civil Code of the Russian Federation (in the wording of this Federal 
Law) shall apply to the legal relations originated after the date when this Federal Law enters into force. As regards the legal relations originated before the date when this Federal Law enters into force, the provisions of the Civil Code of the Ru ssian Federation (in the wording of this Federal 
Law) shall apply to the rights and duties that w ill originate after the date when this Federal Law 
enters into force. 
8. Up to bringing legislative and other regulatory legal acts effective in the territory of the 
Russian Federation into accord with the provisions of the Civil Code of the Russian Federation (in 
the wording of this Federal Law) the legislative and other regulatory legal acts of the Russian Federation, as well as acts of the legislation of the Russian Federation effective in the territory of 
the Russian Federation within the limits and in the procedure which are provided for by the 
legislation of the Russian Federation, shall apply insofar as they do not contravene the provisions of the Civil Code of the Russian Federati on (in the wording of this Federal Law). 
9. After the date of entry of this Federal Law into force, the federal executive governmental 
body charged with intellectual property matters sh all continue in the procedure established by the 
rules of the Civil Code of the Russian Federation (in the wording effective before the date of this Federal Law's entry into force): 
1) applications for issuance of a patent for an invention, utility model, industrial design, 
trademark or service mark, or the appellation of the place of goods' origin whose consideration is not completed as of the date of this Federal Law's entry into force; 
2) objections whose consideration in the administrative procedure established by Item 2 of 
Article 1248 of the Civil Code of the Russian Federation (in the wording effective before the date of this Federal Law's entry into force) is not completed before the date of this Federal Law's entry into force. 
10. Where it is provided for by Part 9 of this article, the patentability conditions in respect of 
an invention, utility model or industrial design and the requirements for a trademark, service mark or appellation of the place of goods' origin provided for by the legislation which is in effect as of 
the date of filing or receiving an application shall apply. 
 
President of the Russian Federation V. Putin 
 
The Kremlin, Moscow March 12, 2014 No. 35-FZ 
__________