RUssIA
Vladimir Biriulin
Gorodissky & Partners
DYnAMIC IP
In RUssIA
Russian IP law is one of the youngest and most dynamically developing laws.
Laws recently passed
Th is is not an advantage but a historical fact. Th e fi rst laws in modern Russia
As prescribed by Part IV, the Law on Patent Attorneys and the Law on
were adopted in 1992 and have undergone several revisions since then. Th e
Combined Technology have been adopted. Th e Law on Patent Attorneys
major revision took place in 2008, when separate IP laws were combined
provides, among others, that patent attorneys may set up self-regulating
into a single source: the Civil Code, Part IV. At the time, there were diff ering
associations. Such associations have been allowed in other countries for
opinions on whether it was worth consolidating the laws, but in the long
many years. Th e second law established the rules of dispersal of combined
run, those supporting the single source prevailed.
technologies owned by the state and also how such technologies should
be assigned.
Additional laws
In parallel with its work on its domestic IP laws, Russia has continued its
Part IV incorporated all the amendments that were awaited during the
international co-operation eff orts. It has adhered to the Patent Law Treaty,
validity of the old law. Th at was not enough, however. Immediately aft er
with a reservation to the eff ect that, with national applications, where unity
the adoption of Part IV, it was felt that more laws were necessary. At fi rst,
of inventions is concerned, it is not bound by obligation (Article 6.1). Russia
an introductory law and several other laws were passed. In the introductory
has also signed up to the Law on Ratifi cation of the Singapore Treaty on the
law, an attempt was made to solve an old, specifi cally transitional problem
Law of Trademarks, which came into force in July 2009.
concerning individuals who registered popular Soviet brands in their name
to the detriment of the traditional producers. Some MPs thought that the
Regulations
omission of a clause to prevent such behaviour in Part IV was an oversight
and proposed to correct this mistake in the new introductory law, which has
Aside from the above-mentioned laws, Part IV envisaged the adoption of
subsequently been implemented.
various regulations. Of particular note, the government has adopted a Statute
on Offi cial Fees, which has established the rouble as the unit of currency to
Another amendment to Part IV, which originally refused trademark be used for payment by residents and non-residents alike. Regulations on
applicants the right to include the designation ‘Russian Federation’ in the registration of various contracts have been adopted. For the fi rst time,
company names, now allows such a designation to be included if permission security interest contracts have been introduced. Th e Ministry of Education
is granted by the Russian government. (the superior body of the patent offi ce) has adopted approximately 10
138 World Intellectual Property Review Digest 2009
www.worldipreview.com
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