WTO ACCESSION
and Belarus began functioning. Many Russian IP specialists are also discussing future amendments to the fourth part of Russia’s civil code, which is entirely devoted to protecting IP. We expect that these amendments will become effective in autumn 2012.
Despite a continuing effort to meet these obligations, Russia must more actively enact legislation to meet the WTO’s standards. Tis disparity has been noted by the US government, which said that owing to the “continuing challenges” of copyright piracy and gaps between the law and its enforcement, Russia remains on the priority watch list of the Special 301 Report. One of the report’s most serious concerns is protecting IP on the Internet, and the US government has urged Russia to take additional steps to address Internet piracy. Te amendment of the fourth part of the civil code will contain new provisions shiſting some liability to Internet service providers. Together with the implementation of the concept of ‘gross offence’, IP owners will have a serious weapon and solid legislation with which to fight against infringers on the Internet.
Tere are still irrefutable gaps in Russia’s IP legislation, making it difficult, for example, to calculate damages or destroy counterfeit goods. Te courts are not sophisticated enough at the moment, and we need more practice to make all of our legal instruments adequately work together. It should be underlined, though, that Internet piracy is an international problem. Russia is not the only country to suffer at the hands of Internet pirates, and it wishes to cooperate with WTO members to reduce problems. Soſtware piracy is a global problem. In order to combat IP infringement effectively, particularly of soſtware rights, it must be addressed on a global level, not only on Russian territory.
In order to make all anti-counterfeit measures more effective, Russia is in the process of harmonising its IP legislation. For example, criminal fines for infringing IP were recently raised: a potential infringer will now think more carefully upon starting any counterfeit activity. In the past two years, the Russian police have organised permanent anti-counterfeit raids against infringers all over the Russian territory. Customs authorities have become more and more effective in stopping counterfeit imports. Tis measure is important not only for Russia
www.worldipreview.com
“TOGETHER WITH THE IMPLEMENTATION OF THE CONCEPT OF ‘GROSS OFFENCE’, IP OWNERS WILL HAVE A SERIOUS WEAPON AND SOLID LEGISLATION WITH WHICH TO FIGHT AGAINST INFRINGERS ON THE INTERNET.”
It is, perhaps, difficult for many people to grasp what progress Russia has made over the past couple of decades. For instance, years ago there wasn’t single mall in Moscow, and the first Russian Trademark Law and Patent Law became effective only 20 years ago.
It must also be remembered that Russia is just one of 42 countries on the watch list—almost one third of WTO members are on it. Of course, Russians would love
the implementation of
but for Europe as well, because Russia is a transit channel to European countries for counterfeit goods from China.
Tere also needs to be greater demand from brand owners to raise enforcement standards to an acceptable level—for them and their customers. For instance, when small quantities of counterfeit goods are seized, businesses oſten fail to enact administrative proceedings. Tey wait for larger quantities of goods before taking action. To counteract some of these problems, the Russian government is trying to raise awareness of the importance of protecting IP. It is extremely important to change the mentality of Russian consumers, who must understand that IP is similar to tangible property, and infringements must lead to appropriate compensation. Nowadays, almost all Russian media outlets across the country frequently report on anti-counterfeit operations and police activity. However, it will take time to change the mentality of 140 million people.
Russia’s achievements were noted in the same 301 Report, which said important progress has been made in the fight against piracy and counterfeiting. For the past 20 years, starting with the collapse of
the Soviet Union, Russia
has had tremendous success in developing its IP legislation and enforcement measures. However, in comparison to IP systems that have existed for hundreds of years such as those in the US or Europe, Russia is relatively new to matters of IP legislation and regulation, and still has a lot more to accomplish.
IP laws to be quicker and enforcement more efficient, especially in the area of Internet piracy. However, the general enforcement system in the Russian Federation, including the administrative bodies and judicial system, is satisfactory. Administrative bodies together with businesses should undertake mutual efforts to overcome the inefficiency of enforcement programmes, the passivity of brand owners, the non-cooperation of legislation provisions, and the mentality of Russian consumers in relation to piracy.
Accession to the WTO allows Russia actively to join the international battle against piracy. Russia’s IP legislation has dramatically improved, and will continue to improve due to its ongoing international cooperation and integration into the WTO.
Elena Solovyova is a senior partner and trademark attorney at ARS Patent & Trademark. She can be contacted at:
solovyova@ars-patent.com
Elena Solovyova is based in St Petersburg. She is a trademark attorney and is admitted to practise before the Russian Patent and Trademark Office. As a head of
the trademark group at
ARS Patent & Trademark, her practice focuses on all stages of trademark prosecution as well as on litigation in IP, including unfair competition.
Trademarks Brands and the Internet Volume 1, Issue 2
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