Intellectual Property Laws at Russia
Russia maintains a comprehensive intellectual property (IP) legal framework, aligning with international standards and treaties. Here's an overview of the key IP laws and institutions in Russia:
Key IP Laws in Russia
1. Patent Law
Governing Legislation Federal Law No. 3517-1 of September 23, 199.
Protection Scope Covers inventions, utility models, and industrial design.
Duration Patents are granted for 20 years from the filing date for inventions, and 10 years for utility model.
Compulsory Licensing The government may grant compulsory licenses in cases of national emergency or public interest, with compensation to the patent holder.
2. Trademark Law
Governing Legislation Federal Law No. 38-FZ of March 23, 200.
Protection Scope Covers trademarks, service marks, and collective mark.
Duration Initial protection for 10 years, renewable indefinitely in 10-year period.
Enforcement Rights holders can initiate civil actions for infringement, including seizure and destruction of counterfeit good.
3. Copyright Law
Governing Legislation Part IV of the Civil Code of the Russian Federation.
Protection Scope Covers literary, artistic, and scientific works, including software.
Duration Life of the author plus 70 year.
Neighbouring Rights Includes protection for performers, producers of phonograms, and broadcasting organization.
4. Trade Secrets
Governing Legislation Federal Law No. 98-FZ of July 29, 200.
Protection Scope Covers confidential business information that provides a competitive edg.
Duration Protection lasts as long as the information remains confidential and provides economic value.
🏢 Key IP Institutions
Federal Service for Intellectual Property (Rospatent)
*Role: The central authority for IP registration and enforcement in Russa.
*Functions: Handles applications for patents, trademarks, and industrial designs; maintains the IP register; and oversees the certification of patent attorneys.
Patent Attorneys
*Role: Professionals authorized to represent clients in IP mattes.
*Requirements: Must be Russian citizens, have higher education, at least 4 years of relevant experience, and pass a qualification exam.
*Specializations: Inventions, utility models, industrial designs, trademarks, and software.
🌐 International Treaties
Russia is a signatory to several international IP treaties, including:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
Madrid Agreement and Protocol for the International Registration of Marks
Hague Agreement Concerning the International Registration of Industrial Designs
Berne Convention for the Protection of Literary and Artistic Works
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
⚖️ Enforcement and Legal Actions
*Civil Actions: Rights holders can seek remedies such as termination of infringement, seizure and destruction of counterfeit goods, and compensation up to RUB 5 million (approximately EUR 83,00).
*Criminal Actions: Serious infringements may lead to criminal liability, including fines and imprisonment.
*Administrative Actions: Authorities can impose fines and other penalties for IP violations.
⚠️ Recent Developments
*Compulsory Licensing: In March 2022, Russia issued a decree allowing the use of patents, utility models, and industrial designs owned by entities from "unfriendly states" without consent and without compensation
*Parallel Imports: Due to the withdrawal of many foreign companies, Russia has allowed parallel imports of certain goods, including pharmaceuticals, without the consent of the IP holder
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