Industrial Designs Law in Russia
Here’s a detailed overview of the Industrial Designs Law in Russia:
🇷🇺 Industrial Designs Law in Russia
📜 Legal Framework
Industrial designs in Russia are governed by the Civil Code of the Russian Federation (Part IV), specifically Articles 1359 to 1370.
The Federal Service for Intellectual Property (Rospatent) is the government authority responsible for registrations.
Russia is a member of several international treaties:
Paris Convention
Patent Cooperation Treaty (PCT)
Hague Agreement Concerning the International Registration of Industrial Designs
Eurasian Patent Organization (EAPO)
🎨 Definition of Industrial Design
An industrial design protects the appearance of a product or part of a product, including:
Shape
Pattern
Color
Texture
The design must be:
New
Have individual character
Protection only covers the aesthetic or ornamental features, not technical functions.
📝 Registration Process
Authority: Federal Service for Intellectual Property (Rospatent).
Application Requirements:
Application form
Visual representations (drawings, photographs)
Description (optional)
Priority documents (if claiming priority)
Payment of fees
Examination:
Formal examination plus substantive examination for novelty and originality.
Publication:
Registered designs are published in the official bulletin.
⏳ Duration of Protection
Initial term: 5 years from the filing date.
Renewable up to 4 times, each for 5 years.
Maximum protection term: 25 years.
🚫 Infringement and Enforcement
Infringement occurs when unauthorized use or reproduction happens.
Enforcement includes:
Civil lawsuits for injunctions and damages.
Administrative sanctions.
Criminal penalties for counterfeiting.
Customs authorities may assist in border control of infringing goods.
🌍 International Protection
Russia participates in the Hague System, allowing international design registrations.
Applicants can also file via the Eurasian Patent Office (EAPO) for protection in Russia and other member states.
Paris Convention membership enables priority claims.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Civil Code, Part IV (Articles 1359–1370) |
| Registration Authority | Rospatent |
| Protection Term | 5 years, renewable to 25 years |
| Examination | Formal and substantive |
| International Treaties | Paris Convention, Hague Agreement, PCT, EAPO |
RELATED Blog
0 comments