PROTECTION OF INTELLECTUAL PROPERTY

Currently, we are on the verge of a new round of development of Eurasian integration – the creation of the Eurasian Economic Union, the launch of which is scheduled for January 1, 2015.

Over the past decade, our countries – Belarus, Kazakhstan and Russia, have been actively developing mutually acceptable schemes of global integration, providing for the creation of conditions for a stable
and effective development of economies of the member states of the Customs Union
and the Common Economic Space (hereinafter referred to as the CU and the CES), increasing competitiveness, as well as living standards of the population.

The main principle of TS and EEA functioning is to ensure freedom of movement of goods, services, capital and labor across the borders of the member states of the CU and CES.

Within the framework of the formation of the CU and EEA, the Eurasian Economic Commission (hereinafter – the Commission) has acted as an important supranational platform for the practical dialogue of state bodies with the business community of the CU and EEA member countries. It is a single standing regulating body.

The main objective of the Commission’s activities is to improve
and harmonization of the legal framework and law enforcement practice
in the interests of creating favorable economic conditions in the territory
TS and SES, as well as the development of proposals in the field of economic integration
within the framework of the CU and CES.

The Commission consists of the Council of the Commission and the Board of the Commission. The Commission’s Commission includes representatives from member states of the CU and CES
at the level of the first deputy chairmen of the governments of our countries.

The college is formed of representatives of state bodies of high level, each of which is authorized in a certain sphere:

– the main areas of integration and macroeconomics (TD Valovaya);

– issues of technical regulation (VN Koreshkov);

– Trade (AA Slepnev);

– energy and infrastructure (DK Akhmetov);

– Industry and agro-industrial complex (SS Sidorsky);

– competition and antimonopoly regulation (N.Sh. Aldabergenov);

– customs cooperation (VA Goshin);

– economics and financial policy (TM Suleimenov).

Commission activities are carried out by the departments of the Commission.

Russia is ten times behind the developed countries in terms of the level of development of the intellectual property market, which can have a significant negative impact on the development of the economy. This is stated in the report of the Center for Strategic Research (CSR) “Effective use of intellectual property.”

“The level of patent activity is traditionally estimated by the inventive activity coefficient (the number of applications for patents for inventions from national applicants per 10 thousand population), according to which in 2015 Russia lagged 5-18 times from technologically developed countries”, – citing Finanz CSR review , whose council is headed by ex-Finance Minister Alexei Kudrin.

One of the important reasons behind the backlog is the lack of a sufficient level of competition in the national market for products and services. Patent activity, in spite of Russia’s transition to a market economy, is still largely conditioned not by economic expediency, but by the requirements established by the state to the scientific and technological sector, from appropriating scientific qualifications to assessing the effectiveness of scientific organizations.

“Insignificant presence on foreign markets is also a factor that determines Russia’s lagging behind the leading countries: the number of patent applications for obtaining legal protection in foreign countries is ten times lower (by 15-60 times in 2015),” the report says.

According to the CSR, in general, according to the absolute number of applications for patents for inventions, Russia ranks 7th in the world (41.6 thousand in 2016), behind China (1 million 102 thousand units), the United States (589 thousand units), Japan (319 thousand units), the Republic of Korea (213.7 thousand units), Germany (66.9 thousand units) and India (45.7 thousand units). Simultaneously, over the last 10 years, the coefficient of technological dependence (the ratio of foreign and domestic applications for inventions) has increased more than twofold – from 0.3 in 2004 to 0.55 in 2015.

In recent years, as experts say, the state has taken measures to improve the traditional institution of intellectual property. “However, these efforts by the Russian government have not yet led to a qualitative change in the scope of intellectual property and a significant increase in its impact on scientific and technological development and the pace of economic growth of the country,” the report indicates.

A significant threat, experts warn, creates a weak presence of Russia in the markets of freely distributed intellectual property, in particular, in the market of scientific works. Despite the fact that the share of publications in leading foreign journals is growing and reached 2.5% by 2016, Russia is rather large-scale only on the knowledge market in the field of high-energy physics and a number of other areas, largely inherited from the 60-80’s years of the last century.

“The lack of generally recognized achievements in the new, more demanded areas of knowledge does not allow to form the image of the country as a holder of competences and, as a result, to attract global investment in commercially promising and dynamically developing industries,” the CSR report says.

Experts point out that despite the catastrophic situation, there is still room for improvement. To this end, they propose to adopt a set of measures, including, in particular, the creation in the country of a single body for the development and implementation of state policy in the field of intellectual property. In addition, the CSR considers it necessary to include in the state programs indicators that characterize the effectiveness of research and development, as well as a significant reduction in the time and costs for patenting in the territory of the Russian Federation while subsidizing the legal protection of intellectual property abroad.

The authors of the report also propose to simplify the taxation system in relation to intellectual property, as well as to ensure the openness of results on civilian R & D in the interests of state customers.

In early 2017, the International Forum “Innovative Development through the Intellectual Property Market” – one of the key events of the International Days of Intellectual Property under the auspices of the United Nations – brought together representatives of government, business and expert community from Russia and other countries.

According to the Chairman of the Government of the Russian Federation Dmitry Medvedev, the development of the intellectual property market in Russia is an urgent issue. Active implementation of innovations in all sectors of the economy, in healthcare and education, makes our life more comfortable and interesting.

In addition, it was noted that the formed legislative base in the field of intellectual property and the accumulated experience of commercialization of the results of intellectual activity contribute to the development of the intellectual property market.

Based on the presentation by Dmitry Medvedev at the International Forum “Innovative Development through the Intellectual Property Market”

Since October 6, 2017, in accordance with the RF Government Resolution No. 1151 of September 23, 2017 “On Amendments to the Regulations on Patent and Other Fees for Commitment of Legally Significant Actions,” new types of duties are introduced, the nominal amount of individual fees in connection with inflationary processes.

The company EDDRID, professionally engaged in the registration of trademarks, publishes current information on fees.

Registration of an application for registration of a trademark, service mark (hereinafter referred to as an application for a trademark) and decision-making on an application for a trademark based on the results of a formal examination: 3500 + 1000 for each class of the International Classification of Goods and Services for which registration is requested, .

Registration of an application selected from the original for the trademark, examination and decision on the application for the trademark: 3500 + 1000 for each of the classes of the International Classification of Goods and Services for which registration is requested, more than five.

Examination of the designation, claimed as a trademark, and the decision on its results: 11,500 + 2,500 for each of the classes of the International Classification of Goods and Services for which registration is requested, more than one.

Consideration of an application for making changes to an application for a trademark, making a decision on the results of its consideration, if the change in the list is connected with the inclusion of an additional class, separated from the declared list of goods and services: 5000.

if the change in the information about the applicant is connected with the transfer of the right to register the trademark to another person: 2800.

Trademark registration: 16000 + 1000 for each of the classes of the International Classification of Goods and Services for which registration is requested, more than five.

Registration of the collective mark: 20000 + 1000 for each of the classes of the International Classification of Goods and Services for which registration is requested, more than five.

Issuance of a certificate for a trademark, certificates for a collective mark of a certificate of the exclusive right to the name of the place of origin of goods: 2000.

Consideration of an application to extend the validity period of the exclusive right to a trademark and to take a decision on the results of its consideration: 20000 + 1000 for each of the classes of the International Classification of Goods and Services for which registration is requested, more than five.

Consideration of an application to extend the validity of the exclusive right to a collective mark and to take a decision on the results of its consideration: 27000 + 1000 for each of the classes of the International Classification of Goods and Services for which registration is requested, more than five.