If there are identical inventions with the same priority date filed by different applicants, the applicants have to decide who will become the patent holder and then notify the patent office about their decision within one year. Moreover, if the judgment violates the uniform application and interpretation of the law, it could be overturned during the supervisory review process. However, there is an exception with regard to Eurasian patents. Together these nine agencies constitute the modern patent bureaucracy of the Russian Federation. The law does not stipulate a strict division between primary and secondary liability for patent infringement, thus each party can be held responsible separately for each infringing act: manufacturing; importing; storing; selling; or distributing. The law developed in close connection with adherence to international agreements; in fact, Russia is a member of almost all of the agreements in the field of intellectual property. Unlike trademarks and copyright, patents for inventions or utility models cannot be recorded in the Customs IP Register, which makes border control measures unavailable. Russian patent law has introduced the concept of an "employee’s invention", i.e. Can a party change its pleaded arguments before and/or at trial? to the Patent Law of September 23, 1992, the Supreme Soviet of the Russian Federation adopted a Decree No. Posted on February 18, 2016 March 27, 2016 by Nina V. 1. At the pre-trial and first instance trial stages, legal fees start approximately from 15,000 EUR. h�b```b``� "��1�2 /P������!�y�y�P�'WV30��e\I��g��zߨ��O�b��V�A{9&(� P�-H�e�bF}�T[N�,S 4.1 Can the term of a patent be extended, and if so, (i) on what grounds, and (ii) for how long? Generally, the costs are recoverable from the losing party, but the courts will only compensate what they find to be reasonable, especially when it comes to the compensation of attorney fees. Decrees of the President of the Russian Federation, the Government of the Russian Federation shall have the right to adopt decisions, containing the norms of the civil law. A utility model has a shortened patent term of 10 years with no renewal options. 1.12 Are there specialist judges or hearing officers, and if so, do they have a technical background? Patent protection in Russia may also be obtained via Eurasian Patent. ��)p �:�p��R�* ��@��Y@���A�6ܰ(�łU�M jxZ� The parties are free to include any terms provided they do not contradict the requirements of Russian law. It is possible to extend the 20-year term of a patent for inventions related to medicines, pesticides or agricultural chemicals that require a marketing authorisation. RCC Art. Online Search Databases: Russian Patents and Utility Models, Eurasian patents (EAPO) 2. The firm is a team of Eurasian and Russian patent and trademark attorneys, lawyers, as well as specialists in IP protection abroad, transfer of technologies, copyright, protection of computer programs and databases. ?�����@#�y�7�( �a� ��H-j�Um���m`� ,�X`�%��5�F5����C��~:�`}'~n`PJA�j�ivO ��DQ��� Disclosure orders are not possible at the pre-trial stage. 1.31 For jurisdictions within the European Union: What steps are being taken in your jurisdiction towards ratifying the Agreement on a Unified Patent Court, implementing the Unitary Patent Regulation (EU Regulation No. The fees for monetary claims depend on the claimed amount, whereas the fees for non-monetary claims are fixed. Any party that became aware of the infringement can file a revocation action with the Chamber for Patent Disputes (CPD) of the Russian IPO. A party can contest all aspects of the judgment. Sojuzpatent is the oldest IP law firm on the territory of the former USSR. The first instance court judges usually do not have a technical background and there are no specialist judges. 1.18 Can a defence of patent invalidity be raised, and if so, how? Under Russian law, double patenting can happen if: (1) independent claims in both applications are (100%) identical; or. the Russian Federation and U.S. Department of State), the two countries are trending towards cooperative intellectual property legislation. 3.2 Can a patent be the subject of a compulsory licence, and if so, how are the terms settled and how common is this type of licence? After that, the development of the law continued, accompanied by ideas stemming from patent office practice and judicial practice. For utility models filed before 1 January 2015, it was possible to obtain a one-off extension of three year… The court fees depend on the type of action being taken and claimant’s status (natural person or legal entity). Applicants (or other individuals) do not have a duty to disclose to the Russian IPO any prejudicial prior art documents or other information. In principle, antitrust law can be deployed to prevent relief for patent infringement, but this rarely happens in practice. On what basis are damages or an account of profits assessed? The operative part of the judgment is announced at the end of the trial on the merits and is published in the database within a few days after the announcement. Mediation or arbitration are used as alternatives to litigation, but they are not very common in practice. ENTRY INTO FORCE: March 11, 2003 . The court evaluates the scale of infringement and the role of each party and imposes liability accordingly. %PDF-1.6 %���� 5.5 How are disputes over entitlement to priority and ownership of the invention resolved? However, judges in the IP Court (a court that reviews commercial court decisions as a court of third instance (cassation procedure)) are experienced in patent infringement cases and typically do have a relevant technical background. On August 8, 2004, the copyright law of Russia was amended by federal law no. The Supervisory review process is an appeal stage for court decisions that have already entered into legal force that intends to rectify major violations omitted by previous courts, e.g. Representation by a patent attorney; For foreign applicants, it is necessary to perform patent prosecution in Russia through an agent, a registered Russian patent attorney. The length of time between filing the claim and the first hearing depends on the court and the region, but generally it takes about two months, if preliminary hearings are not delayed. 7.2 What limitations are put on patent licensing due to antitrust law? ICLG - Patent Laws and Regulations - 7.3 In cases involving standard essential patents, are technical trials on patent validity and infringement heard separately from proceedings relating to the assessment of fair reasonable and non-discriminatory (FRAND) licences? For utility models filed after 1 January 2015, the term is ten years from the filing date, with no possibility to extend. The costs for invalidation proceedings also include the official and attorneys’ fees and other related costs such as translations and expert fees. Equivalents can be used both in the context of challenges to validity and in relation to infringement, but only for patents for inventions and not for utility models. The Patent law does not directly envisage invalidation of the Russian patent on the same invention filed later in Russia. However, the term cannot exceed five years. The courts do not grant cross-border relief. 1.14 If declarations are available, can they (i) address non-infringement, and/or (ii) claim coverage over a technical standard or hypothetical activity? Its muscularity enables it to handle high-calibre instructions for a colourful catalogue of industry leaders, including Samsung Electronics, Xiaomi, Airbus Operations and Indian Oil Corporation. 1.6 What are the steps each party must take pre-trial? If so, what are the criteria for eligibility and what is the impact on procedure and overall timing to trial? In response to the patent holder’s request, an additional patent with new claims restricted to the authorised product can be issued. Generally, after commencing the proceedings, it can take three to six months to issue the final judgment, if all necessary evidence has been gathered before the trial on the merits of the case. The term of the additional patent is equal to the term that passed between the filing date and the date on which the marketing authorisation was obtained, minus five years. 3.1 Are there any laws which limit the terms upon which parties may agree a patent licence? 2.1 Can a patent be amended ex parte after grant, and if so, how? The following cannot be patented under Russian law: The following are not deemed to be inventions per se: Patent protection also cannot be granted for: 5.2 Is there a duty to the Patent Office to disclose prejudicial prior disclosures or documents? 5. The court can award 10,000 to 5,000,000 RUB compensation, depending on the severity of infringement and circumstances of the case, or the double value of royalty paid under licences granted in similar circumstances. The CPD’s suggestions are limited to adding features into independent claims, provided that such amendments do not add a new matter and do not expand the claim scope. 1.5 Can a party be compelled to disclose relevant documents or materials to its adversary either before or after commencing proceedings, and if so, how? 2 March 2021 Approaches to patenting alloys before the Russian and the Eurasian patent offices 23 February 2021 Look but don’t touch — Russia to restrict processing of public data 22 February 2021 Licensing 2021 Chapter Russia Patent infringement disputes are tried before commercial courts and courts of general jurisdiction. Term of the licence cannot exceed the term of patent validity. The courts are not obliged to follow precedents from previous similar cases, but they tend to do so, especially if the rulings were issued by the Supreme Court, the specialised IP Court or higher-instance courts. In Russia, dependent patents provide opportunities that are often unknown to non-Russian companies, as Russian patent legislation differs from other countries in this regard. The law allows adding any feature(s) from the patent specification, but in practice, the CPD suggests adding the features from dependent into independent claims rather than the features from the specification. Sojuzpatent is the oldest IP law firm on the territory of the former USSR. where there is a pending opposition? But such an action could lead to other violations. In addition to monetary, the claimant can also seek non-monetary relief, namely recognition of its rights, discontinuation of infringing activity, seizure of infringing materials, and publication of the court decision. 1.10 Are judgments made available to the public? As per the law of the Russian federation the term of an invention patent shall be 20 years from the date of receipt of the application by the Federal executive authority on intellectual property. final injunctions against patent infringement unless and until defendants enter into a FRAND licence? Section I General Provisions . Article 1 Relations Governed by the Law . Claims could also be brought before the Federal Antimonopoly Service if a competitor infringes a patent. The guide has proved to be an excellent resource for an in-house legal team covering multiple jurisdictions.Tanya Daniels, Head of EU Data Protection - Quintiles, © 2002-2021 Copyright: ICLG.com | Our Privacy, Unlock 3 FREE PDF chapters by registering with us FREE Can a party infringe by supplying part of, but not all of, the infringing product or process? Further arguments can be presented by the parties as written statements or announced verbally during the hearings. Posted on February 21, 2016 February 28, 2016 by Nina V. According to the section 10.8.5(4) of the Administrative Regulations, the multiple-dependent claim cannot serve as a basis for a further multiple-dependent claim. %%EOF The Russian law provides two grounds when a compulsory licence may be issued: However, compulsory licences are infrequent in Russian practice. Are punitive damages available? 2.3 Are there any constraints upon the amendments that may be made? 8.1 What have been the significant developments in relation to patents in the last year? A trademark shall be legally protected in the Russian Federation on the basis of its State registration (hereinafter “registration”) effected through the procedure set forth by this Law or by virtue of international treaties to which the Russian Federation is a party. 1.28 After what period is a claim for patent infringement time-barred? Are there restrictions on such a defence e.g. This article compares U.S. and Russian patent laws, with a particular emphasis on recent amendments in the areas of inventorship, prior art, and 6.1 Is there any mechanism for seizing or preventing the importation of infringing products, and if so, how quickly are such measures resolved? 1386, 1389 During invalidation proceedings before the Chamber for Patent Disputes (CPD) within the Russian IPO, the board of the CPD can propose amendments to the claims that eliminate the grounds for patent invalidity. The choice of court does not depend on the claimant, but on the infringer’s status. h�bbd``b` �� Bĝ$X� �|qH��������b``$�`�B��Đ#�R��g�� � �{ 1.25 How are orders of the court enforced (whether they be for an injunction, an award of damages or for any other relief)? 1.9 Is there any alternative shorter, flexible or streamlined procedure available? If the invention is not used or is not sufficiently used by the patent holder for a period of four years from the date the patent was issued, if such non-use causes an insufficiency of goods in the market. Meanwhile, according to Russian legislation, the patent with an object relating to medication, a pesticide or an agrochemical, the use of which requires duly granted permission of the competent authorities, may be extended. h�[o�0��j�~��K�R�DC)L�EM7&!\�B�� �h����8 �q)�Fd�ܾı�����(3�w5�.bD�2-�t� �"��1C��Bo j8n>I-OkX�Q�������:���������J[�P�V�*!��q1��_2>��K�U*;�s�U��ѯj�d���5[]�CHd_�j��{��&S�(X̟�}ۭz����_�L�����u�C��0�"rIX��͋� W��b�^���l��ky�糶�����(fj�$��q��Ju}��� �1!D��3->��E��n��&i5��\�nP+d�(PR��ߥr��\�/,�����q4j$�X �?�d��s(1m#��o�"ۃ�E���I������?���VhZ$�^�R�l��w��"e��%9JƕO|�Z�beJ.*�0}U��lV�`��ϳ�c9'ʥ+��c`Fkh'��U�ЁE�����! FRAND licensing is not available in Russia. Yes, a party will be liable for infringing a patent by importing a product into the Russian Federation. Patents > 1.11 Are courts obliged to follow precedents from previous similar cases as a matter of binding or persuasive authority? If a person other than the applicant is recognised as the one entitled to file a Russian patent application in accordance with a court decision, that decision can represent a ground for patent revocation. 606 0 obj <> endobj Established in 1993, ARS-Patent & Trademark is one of the leading Intellectual Property (IP) law firms in Russia providing the full range of IP services for the registration, commercialisation and protection of your critical IP assets THE RUSSIAN PATENT OFFICE . ICLG.com > This term may be extended by two months if the applicant failed to file the application within the stipulated time limit despite the due care. 1.20 Other than lack of novelty and inventive step, what are the grounds for invalidity of a patent? 1.29 Is there a right of appeal from a first instance judgment, and if so, is it a right to contest all aspects of the judgment? The costs are not recoverable. In courts of general jurisdiction, requirements depend on the court level, i.e. When granting a patent for one of the applications, authors of both applications will be indicated as co-authors of the subject invention. (2) an independent claim in one application cites one or more alternative inventions, and at least one of these alternative inventions matches with the invention in the independent claim of the other application.
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