Administrative regulations on control in right protection sphere

Administrative regulations of Federal Agency of intellectual property, patents and trade marks on execution of the state function upon control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget.

I. General provisions
1. Administrative regulations of Federal Agency of intellectual property, patents and trademarks (further – RosPatent) on execution of the state function upon control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget (further – Regulations), define sequence of actions, terms, and also order of interaction of RosPatent with other organizations and departments upon control in sphere of right protection and use of scientifically - research results, skilled-design and technological works of civil appointment which are carried out at the expense of means of the federal budget.
The present Regulations do not extend on control in the field of research results, developmental and technological works of military, special and double appointment, and also results of scientific and technical activity in agriculture, animal industries and plant growing.

2. Control in sphere of right protection and use of research results, developmental and technological works of civil appointment (further-RNTD), is carried out on means of the federal budget account, - administrative procedures connected with realization by RosPatent in functions under the control and supervision in sphere of right protection and use of objects of intellectual property, patents and trade marks and results of intellectual activity involved in economic and civil-law turn, observance of interests of the Russian Federation, Russian physical and legal bodies at distribution of the rights to results of intellectual activity, including created within the limits of the international scientific and technical cooperation, and realization when due hereunder checks of activity of the organizations disposing of rights of the Russian Federation on objects of intellectual property and results of intellectual activity.

3. Control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget for federal state needs (further – research and development), is carried out with a view of realization of state policy in the field of creation and use of scientific results and technical activity in civil turn and maintenance of protection of the rights of Russian Federation, Russian physical and legal bodies on the created results of scientific and technical activity.

4. Execution of the state function on control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out in account of means of the federal budget (further – the state function) is carried out by RosPatent.

5. According to Position about control in sphere of right protection and use of research results, developmental and technological works of civil appointment which are carried out at the expense of means of the federal budget, confirmed governmental order of Russian Federation from 18th November, 2006 № 696 number of the controllable organizations concern:
a) Organizations disposing of rights of the Russian Federation on results of scientific and technical activity;
b) Organizations-executors of the state contract on performance of research, developmental and technological works for federal state needs;
c) Academies of sciences having the state status, and federal officials performing research, developmental and technological works for federal state needs, financed in account of means of the federal budget under an estimate of incomes and expenses.

6. Object of control is the activity of organizations subject to control specified in point 5 of the present Regulations, in part concerning:
a) Maintenance of right protection RNTD, created at the expense of the federal budget;
b) Distributions and fastenings of the rights on RNTD, created at the expense of the federal budget;
c) Maintenance of the rights and interests of Russian Federation on RNTD, created within the limits of state contracts on performance of research and development for federal state needs, and also under the estimate of incomes and expenses;
d) Maintenance of the account of research results and development within the limits of the state account of RNTD, and also within the limits of the internal administrative account of the legal owner and the works executor;
e) Organizations using the rights on RNTD.
7. At control observance and execution by the controllable organizations of laws instructions, certificates of the President and Government of Russian Federation and other standard legal certificates in sphere of right protection and use of RNTD, means of the federal budget carried in this account, and acceptance of measures on elimination of the revealed deviations and infringements are checked.
At controlling RosPatent is guided by the Constitution of Russian Federation, federal constitutional laws, federal laws, certificates of the President and the Government of Russian Federation, international contracts of the Russian Federation, standard legal certificates of the Ministry of Education and Science of Russian Federation.
8. At control following indicators are used:
a) Presence in the state contract and other contracts on performance of research and development of positions about distribution of the rights on RNTD and duties concerning intellectual property rights;
b) Maintenance of right protection created by protection-capable RNTD;
c) Conformity of volume on right protection of research results and development in conditions of the state contract on research and development performance;
d) Execution in conditions of the state contract on performance of research and development regarding distribution, fastening and RNTD right protection received;
e) Execution in conditions of the state contract on performance of research and development regarding RNTD use received;
f) Conducting state RNTD account, and also the internal administrative account of the organization-legal owner and the organization-executor;
g) RNTD use, including objects of intellectual property, in self manufacture of the organization-legal owner or within the limits of license-contracts and contracts of concession of the rights.

II. Requirements for an execution order of the state function
9. Order of informing about execution of the state function
10. Results of execution of the state function
11. Sentence of information on actions and about administrative procedures to both legal and physical persons.
Information about results of checks is published neither the less than once in 6 months on the official site of RosPatent. The information about the results of checks includes data of the checked-up organizations, terms of carrying out of checks.
Interaction with representatives of mass-media, transfer of office information by it or RosPatent documents in control sphere are carried out when due hereunder with the permission of the head of RosPatent, its assistant, authorized division of RosPatent, and on occasion – other officials under the permission of (instructions, commission) the head of RosPatent or its assistant.

III. Administrative procedures
12. Preparation for carrying out check
13. Procedure in realization of check
14. Results of check
15. The right to sign of documents

The Act about the results of check is signed by the chairman of the commission and committee-men.
Instruction and notice on the revealed infringement (deviation) in organization activity are signed by the head or deputy head of RosPatent.
Representative of the controllable organization has the right to vise the check act, and also other documents made by the commission based on the results of testing.

16. Order and forms of control over execution of the state function
17. Order of the appeal of action (inactivity) and the decisions, carried out (accepted) during regulations performance

When due hereunder the Minister of Education and Science of the Russian Federation cancels decisions of RosPatent contradicting the federal legislation if other order of cancellation of decisions is not established.


Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’