Russian Federation: Patent Rights (Hansard, 24 September 2002)

§ Lord Sainsbury of Turville

Both the UK and its European partners are conscious of the importance to industry of encouraging the Russian Federation to bring its patent and other intellectual property rights (IPR) legislation into compliance with international standards and have been working actively towards that end.

The UK has participated in IPR seminars in Russia, offering advice and training material produced by the UK Patent Office and encouraging ratification of international IPR treaties. Representatives of ROSPATENT, the Russian Patent Office, have also made study visits to the UK Patent Office.

The European Patent Organisation, of which the UK is a founder member, has provided ROSPATENT with access to its world-class patent search and technical literature database. Expert tuition in the set-up and use of the database has also been provided. This is of significant benefit to both Russia and European industry to assist in the determination of the validity of patent rights granted in the Russian Federation. Technical cooperation and assistance with ROSPATENT has also facilitated the electronic scanning of patent documents.

Within the framework of the EU-Russia Sub-Committee on Justice and Home Affairs, both parties have signed the partnership and co-operative agreement. Detailed negotiations highlighted the areas where Russian patent and other intellectual property rights are inadequate and have led to a common action plan on IPR. Assistance is provided on the preparation of new legislation which will be compliant with international norms, such as the WTO TRIPS Agreement. Technical assistance funds have also been provided. As a result of negotiations, enforcement procedures will be within the new intellectual property legislation. This will lead to more effective enforcement procedures. Russia has already introduced amendments to strengthen sanctions imposed in respect of trademark violations. Improved enforcement provisions for other areas of intellectual property rights, including patents, will follow.

Spain has provided technical assistance in the form of documentation relating to trademarks and brands, industrial design and patents. Germany has hosted a study visit from the Russian Federation to gain an insight into the structure and practices of the German Patent Office. Advice and information were supplied on e-commerce, patent fees and training of staff. A separate visit by judges from the Supreme Commercial Court of the Russian Federation visited the Federal Patent Court in Munich, the German Patent and Trademark Office and the Patent Lawyer's Association to exchange experiences within the field of protection of industrial property. Germany also has an agreement with the Russian Federation regarding the exchange of literature and patent search and examination results.