RosPatent joins the program of PPH (Patent Prosecution Highway)

Dear Colleagues!

In 2009 Rospatent signed bilateral agreements with the Patent departments of Japan and Republic of Korea about a mutual account of results of substantial examination under the same applications for inventions in each of these departments. Since 25th of January 2010 a similar agreement with the Patent department of the US came into enforce.

This year Rospatent joins the program of PPH (Patent Prosecution Highway) and in this connection they shall organize a round table, planned first of all, for developers of new techniques and innovative technologies, which will be held in the Rospatent office (Moscow) on 15th of March 2010.

РРН it is based on the international division of labor between experts of patent departments of the different countries in case of consideration of the same application submitted designating these countries. РРН makes possible to use the results of experts after substantial examination of the country while considering the application by experts of another country, which allows to reduce the consideration- term of the application in each country, and also to lower material inputs of the applicant on patenting of the invention abroad.

TO ALL OUR ASSOCIATES & CLIENTS

It is an important update to be noted for Patent holders/clients who hold the Patents (already granted) in India. Recently, Indian Patent Office has issued a circular to submit the “Statement Regarding Working of Patented Invention on Commercial Scale in India” latest by 31 March 2010. Failure to submit the information leads to the huge penalty of one million rupees (about US$ 21,000.00) prescribed under the Indian Patent Act, 1970. The copy of the circular issued by the Controller General recently (24/12/2009) may be downloaded from the link for your reference: http://www.ipindia.nic.in/iponew/publicNotice_24December2009.pdf

Please be advised or hereby intimated to advice your clients about this situation/development and send us the instructions for filing the above statement by filling form 27. Incase if you / your clients' holds any granted Indian Patents, please reply to this email with a request to send you the necessary format.

In & on behalf of
Leonov Alexandr

Samir Rahman (IPProlaw)

XIII Moscow’s international Salon of inventions and innovative technologies «Archimedes – 2010»

From 30th March till 2nd April 2010, in CEC "Sokolniki", Moscow
From 30th March till 2nd April 2010 in the Cultural-exhibition centre "Sokolniki ", pavilion № 4 will be held the XIII Moscow international Salon of inventions and innovative technologies «Archimedes – 2010».

Organizer of the Salon "Archimedes" is JSC Center of assistance to invention and rationalization development, VOIR.

The most interesting and perspective exhibits in the industrial application will be decided by the experts commission and the international jury, participants will be handed over with a Salon "Archimedes" medals, diplomas and awards from the Ministry of Defense of Russian Federation, RosPatent, Government of Moscow, VOIR, medals and prizes, including 10 monetary prizes from Russian and foreign organizations and departments, salons of inventions, Salon partners.

The higher award of the Salon - Grand prix "Gold" Archimedes »is annually handed over for the complex of presented exhibitors.

Press release on results of RosPatent delegation’s participation

The 11th session of Working group regarding standards and documentation (RSAD) WIPO’s Standing committee on information technology passed in WIPO’s headquarters (Geneva, Switzerland) from 25th to 31st October, 2009
Representatives of 40 countries, 6 international and intergovernmental organizations have taken part in this session work, one non-governmental organization (Pat COM) with the rights of observer and the WIPO’s International Bureau.
Chief executive ВОИС Mr. Jo Takagi welcomed the participants, underlining the importance of quires which have been taken out in the agenda of session.
Mr. Takagi has informed the participants of session about the consideration on General Assembly of member countries WIPO the offer of MB on WIPO’s Standing committee replacement on information technology (PCIT) with two new dept. of WIPO: Standards WIPO Committee on (CWS) and Committee on global infrastructure in the field of industrial property (CGI). The committee on WIPO’s standards will continue the activity realized within the limits of RSAD; query on formation of Committee on global infrastructure is not solved yet now, its mandate and work principles will be discussed further.
В соответствии с принятой на заседании повесткой дня члены Рабочей группы обсудили следующие основные вопросы, касающиеся стандартизации в сфере промышленной собственности.
According to the agenda accepted at session members of working group have discussed the following basic queries, concerning standardization in sphere of industrial property.
Standard art.67 “Recommendations about electronic processing on graphic elements of trade marks”
At new WIPO standard art.67 session “Recommendations about electronic processing on graphic elements of trade marks” has been accepted. The standard, in particular, contains recommendations about a format and to the sizes of electronic images, the equipment which is used for their processing, and also procedural recommendations about electronic processing of graphic elements of trade marks. In the future it is planned to spend work on expansion of action of given WIPO’s Standard on other objects of the industrial property.
Art.10/C «Representation of elements on bibliographic data»
By work results of Operative group for discussion at session offers in Standard change, on basic concerning representations of codes for internal use by departments, and also estimated figures have been presented.
Beside this, question of use of system identifiers for patent documents placed in Internet network by analogy to system, created for scientific publications (URI) was discussed. The decision to leave queries about the use of such system departments for the future discussion was accepted only after the WIPO International bureau will prepare the document on parity of expenses and advantage of introduction URI in practice of departments.
Art.3 «Recommended standard on two-alphabetic codes for representation of the countries, administrative units and the intergovernmental organizations»
Members of working group have discussed the offer of WIPO’s International bureau on simplification the procedure of acceptance standards. The decision to make change in names of the states and organizations automatically after reception of corresponding inquiry from outside the governments of states or management of the organizations was accepted; for case of change of two-alphabetic codes procedure of the coordination of changes with member WIPO countries is provided.
Other decisions of RSAD
Research carried out on introduction of WIPO’s Standard Art.22 “Recommendations about representation of patent applications in printed-format, suitable for optical recognition of signs (OCR)”.
Reviewing updates «Correction procedures in patent departments» regarding atr.7 of "WIPO’s Directory”.
Informational reports
MB presentation about the course of works on development of Digital Access Service to documents priority.
MB presentation about the course of working out the project WIPO STAD (Standards Administration Database).
MB presentation about use WIKI for administrative works of Operative groups within the limits of RSAD.

The first session of Committee on WIPO Standards is preliminary appointed on 8th–12th November, 2010.

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

SCCR Commits to Improving Access by Visually Impaired to Copyright-Protected Works

Geneva, December 18, 2009
PR/2009/628
WIPO’s top copyright negotiating forum has agreed to move forward with discussions that could lead to better access to copyright-protected works by the blind, visually impaired (VIP) and other reading-disabled persons. The Standing Committee on Copyright and Related Rights (SCCR), meeting from December 14 to 18, 2009, decided to accelerate the work on copyright exceptions and limitations for the benefit of persons with reading disabilities.
In concluding remarks, the Chairman of the SCCR, Mr. Jukka Liedes, noted that the Committee accepted the initiation of focused, open-ended consultations in Geneva “aimed at an international consensus regarding exceptions and limitations for print-disabled persons.”
A proposal for a treaty (based on text prepared by the World Blind Union) was submitted in May 2009 by Brazil, Ecuador and Paraguay. A number of delegations supported working towards an appropriate international instrument and agreed to continue discussions at the next session of the SCCR in 2010.
Delegates welcomed progress in implementing a series of practical measures to facilitate access to copyright-protected materials by reading impaired persons. These include the continuing work of a stakeholders’ platform which aims to identify and develop solutions that improve the availability of copyright-protected published works in formats accessible to reading disabled persons and in a reasonable time frame.
Progress was also made in talks relating to the protection of performers in their audiovisual performances. In 2000 a diplomatic conference on the protection of performers in their audiovisual performances made significant progress with provisional agreement on 19 of the 20 articles under negotiation, but did not agree on the questions of whether and how a treaty on performers’ rights should deal with the transfer of rights from the performer to the producer.
The Committee noted that the 19 articles provisionally adopted in 2000 provide a good basis for treaty negotiations. The SCCR agreed to the organization of open-ended consultations on outstanding issues during the early months of 2010.
The adoption of a new instrument would strengthen the position of performers in the audiovisual industry by providing a clearer legal basis for the international use of audiovisual works, both in traditional media and in digital networks. An international instrument would also contribute to safeguarding the rights of performers against the unauthorized use of their performances in audiovisual media, such as television, film and video.
The SCCR also continued discussions on the protection of broadcasting organizations and examined the first part of a study on the socio-economic impact of the unauthorized use of signals in the broadcasting sector. The second part of the study will be presented to the next session of the Committee. The SCCR asked the secretariat to organize regional seminars to ascertain views on the objectives, specific scope and object of protection of a possible draft treaty following a signal based approach.
Discussion on all items will continue at the next session of the SCCR.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’

WIPO Outlines How It Can Help Meet the Challenges of Climate Change

Geneva, December 16, 2009
PR/2009/627
WIPO Director General Francis Gurry participated on December 16, 2009 in a series of events related to international climate talks in Copenhagen and outlined how WIPO can contribute to international efforts to mitigate climate change. Mr. Gurry underlined that policies that stimulate the creation and diffusion of technology are key elements in developing an effective and practical global response to the threats posed by climate change. He said judicious use of the intellectual property (IP) system can make a positive contribution in crafting the many and diverse technological solutions needed to attenuate the impacts of climate change.
Speaking at a side event on the theme “International Cooperation on Technology Transfer: Time for Action,” Mr. Gurry said achieving a transformation from a carbon-based society to a carbon-free one is a complex and unprecedented task that will require innovative and complementary approaches to technology policy.
Intellectual property (IP), he said, has an important role to play in technology policy - encouraging investment in the creation of environment-friendly technologies and their rapid dissemination are major policy objectives to which priority must be given. In both cases, the IP system, and in particular patents, are fundamentally important in that they provide a stimulus for investment in green innovation and contribute to a rapid – and global – diffusion of new technologies and knowledge.
Green innovation requires significant private investment. An effective patent system provides an incentive for businesses to make such an investment by making an invention a tradable good which can be licensed or assigned creating opportunities for technology partnerships and commercial return. Effective patent protection can thus spur international technology transfer from the private sector.
Mr. Gurry said the patent system provides the most comprehensive public repository of information on the latest technologies – as all patent documents are published and freely available to the public. This information contains knowledge that already exists and which can support the development of new technologies or help to identify technologies that are off-patent or no longer protected and therefore freely available for use or adaptation. It is necessary to ensure that this information is widely disseminated for instance through tools and services that enhance access to up-to-date information on relevant technologies through patent information resources.
Other speakers at the event included Mr. Jairam Ramesh, India’s Minister of Environment and Forest, as well as the heads of agencies of the UN Development Programme (UNDP), United Nations Industrial Development Organization (UNIDO), UN Environment Programme (UNEP), International Renewable Energy Agency (IRENA), Global Environment Facility (GEF), and the UN Foundation. The event was chaired by Mr. Sha Zukang, Under Secretary-General, UN Department of Economic and Social Affairs (UN-DESA).
Mr. Gurry will also take part in a high-level panel with UN Secretary General Ban Ki-moon and other executive heads of UN agencies present in Copenhagen on Wednesday evening, on the theme: “The United Nations System Delivering as One on Climate Change.” The event will take the form of an interactive discussion with the audience on the UN system’s efforts.

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

European Commission welcomes ratification of the WIPO Copyright Treaties

Today in Brussels, 14th Dec. 2009, the European Union and its Member States ratified the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, the so-called "Internet" Treaties. These Treaties were concluded to make the world's copyright laws 'fit for the internet'.
Internal Market Commissioner Charlie McCreevy commented on the WIPO ratifications : "Today is an important day for the European Union and its Member States and WIPO. We, as a group have shown our attachment to the international system of protection of copyright and related rights. These two treaties brought protection up to speed with modern technologies. As the technological evolution accelerates, protecting creators and creative industries is more urgent than ever."
By ratifying these Treaties, the European Union and its Member States hope to breathe new vigour into the current treaty-making work of WIPO and encourage renewed commitment to moving forward on a high level of protection for creators and creative industries.

The European Union and its Member States participated fully in the Diplomatic Conference of 1996 that aimed to upgrade the rights of authors, performers and phonogram producers to withstand the challenges of the digital age. The two WIPO copyright treaties contain rules on distribution, rental, the right of public communication and the "making available" of protected content online.
In 2000, the European Union and its Member states took the formal decision 1 to ratify the WIPO Treaties together. Indeed, negotiations on these two Treaties marked the first time that the European Union was accorded full Contracting Party status in the field of copyright, as opposed to the observer status it enjoyed so far in WIPO on copyright issues.

Immediately after the Diplomatic Conference in 1996, work started at the European level to adapt European copyright law to the WIPO "internet" Treaties. A European Copyright Directive 2 was adopted in 2001. All EU Member States have meanwhile transposed the provisions of the 2001 Copyright Directive into their national legislation.

The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing an international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.

WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland.

1: Council Decision of 16 March 2000 on the approval, on behalf of the European Community, of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, Official Journal L 89 of 11 April 2000,p. 6
2: Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society. Official Journal L 167 of 22 June 2001.

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

WIPO Launches Paperless UDRP Proceedings

Geneva, December 14, 2009
PR/2009/624
From Monday, December 14, 2009, the WIPO Arbitration and Mediation Center will launch essentially paperless UDRP procedures. This removes the requirement for mandatory filing and notification of paper pleadings in WIPO cases filed under the Uniform Domain Name Dispute Resolution Policy (UDRP).
This latest development of the UDRP is expected to substantially improve the efficiency of the mechanism by reducing the time and cost involved in submitting WIPO UDRP filings and to save up to one million pages of paper filed per year making it a greener and largely paperless procedure. While this leaner, more efficient procedure will become mandatory from March 1, 2010, ICANN in an announcement dated December 7, 2009, has signaled that UDRP providers may begin accepting electronic filings with immediate effect as long as parties also have the option of submitting hard copies.
The modified Rules arose from a WIPO Center proposal made to ICANN in December 2008. Following an ICANN public comment process on the proposal in August 2009 which reflected broad support from UDRP stakeholders, an amendment package was submitted by WIPO to ICANN in September 2009. These modifications to the Rules governing the UDRP were approved by the ICANN Board at its Seoul meeting on October 30, 2009 with an implementation process subsequently announced by ICANN on December 7, 2009.
In line with ICANN’s announcement the WIPO Center will, from Monday December 14, 2009, allow all parties in UDRP cases administered by WIPO to submit electronic-only filings, using email. Those parties who elect to do so may be further guided by the modified WIPO Supplemental Rules, which have been slightly revised for this specific purpose (as pre-published with the WIPO amendment package sent to ICANN in September 2009).
The modified WIPO Supplemental Rules contain guidance on formatting modalities for electronic-only filing of UDRP cases. Parties who do not yet wish to use the new paperless option remain guided by the existing WIPO Supplemental Rules; such parties may continue to file in hard copy until February 28, 2010. The newly modified UDRP Rules continue to contain safeguards to ensure fair and effective notification of the complaint to the respondent.
Additional information about the new procedure, including modified filing guidelines, model pleadings for both parties and FAQs will be available on the website of the WIPO Center.

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

GUILD OF PATENT ATTORNEYS, PARALEGALS AND PATENT COUNSELS

The regional public organization « Guild of patent attorneys, paralegals and patent counsels » was created on 1st October, 2009. «The guild of patent attorneys» is a noncommercial organization and is created with a view of association of patent attorneys, paralegals and patent counsels for protection of general laws and legitimate interests, and as for assistance of professional work of patent attorneys, paralegals and patent counsels.
The activity purposes «Guild of patent attorneys, paralegals and patent counsels»:

Protection of general laws connected with the professional work and legitimate interests of patent attorneys, patent counsels and the patent organizations – guild members, including protection of the rights and legitimate interests patent attorneys, patent counsels and the patent organizations – guild members in disputes and conflicts, in judicial and administrative trials.

Representation of interests of patent attorneys, paralegals and patent counsels – guild members in their relations with state governing authorities, federal enforcement authorities, state authorities and executive power of subjects of the Russian Federation, local governments, and also with the Russian and international organizations of patent attorneys, paralegals and patent counsels, mass media.

Assistance to the patent attorney and patent counsels - guild members in defense and protection of subject matters of intellectual property of the Russian & foreign organizations and businessmen.

Assistance in the order established by the current legislation to state governing authorities, federal enforcement authorities in working out of projects legislative and regulatory legal acts, in development and realization of the balanced state policy in the field of professional work of patent attorneys, paralegals and patent counsels, right protection, protection and use of intellectual property and intellectual rights.

Assistance in the order established by the current legislation to Federal enforcement authority on intellectual property (RosPatent) and the organizations subordinated to it in realization of their activity, including representation of nominees of patent attorneys, paralegals and patent counsels – guild members in content of qualifying commission, appeal commission, scientific council, public advisory council, other authorities of the RosPatent and other organizations subordinated to it.

Patent and Law firm “IPPro” is an active member of this «Guild of patent attorneys, paralegals and patent counsels» organization since its very formation. We (IPPro) would like to introduce ourselves to you as a leading Russian firm providing a range of services in the field of legal protection and intellectual property protection throughout Russia , in the Commonwealth of Independent States and abroad. We are to serve you with any assistance in the above mentioned.

Please feel free to me at the under mentioned contact for details in the event of any query.

Sincerely yours,


Alexander Leonov
General Director of IPPRO, Russian Patent and Trademark Attorney, Eurasian Patent Attorney, Patent Agent No. 653
Senior lecturer of Plehanova Russian Academy of Economics.
Office:- Russian Federation
107113, Moscow
Str.Lobachika, 17, Office 610
Tel./fax (495)232 3968 ; e-mail: msk@ipprolaw.com / website www.ipprolaw.com

Press - release about session of Administrative council of the Eurasian patent organization

On 10-12th November, 2009 in Moscow has taken place (subsequently the sixteenth) the twenty second session of Administrative council of the Eurasian patent organization (AC EUPO).
In work of the session which were passing in the Eurasian patent department (EAPD), plenipotentiaries of the Azerbaijan Republic, Republic of Armenia, Byelorussia, Republic of Kazakhstan, Kirghiz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, and also members of delegations of Republic Moldova, Republic of Kazakhstan, Kirghiz Republic and Russian Federation have taken part. As observers representatives of the World organization of intellectual property participated in session work (WIPO), the European patent department (EUPD), African regional organization on intellectual property (ARIPO) and the African organization of intellectual property (OAPI).
Session was conducted by the chairman AC EUPO, by the plenipotentiary of Republic of Moldova Mr.D.Kiroshka.
Administrative council EUPO taking into account recommendations of the fourteenth session of Budgetary working group AC EUPO (October, 2009) has unanimously approved annual report EUPO for 2008 and have confirmed budget EUPO for 2010
Administrative council EAPO has taken into consideration the report of president EAPD of Mr. A.N.Grigoriev on performance of the Program of development of the Eurasian patent organization from 2004 to 2009
Participants of session have discussed the document «the Basic directions of development of the Eurasian patent organization for 2010-2014», prepared EAPO, and have charged to president EAPO to develop on its basis the program of development of the organization for 2010-2014 for consideration at following session AC EAPO.
Within the limits of session AC EAPO has considered changes and additions in the Administrative instruction to the Eurasian patent convention, Rules of procedure of Administrative council EAPO and in Position about working conditions of employees of the Eurasian patent department.
By results of discussion AC EAPO has made the decision on necessity of completion of separate points of the specified documents and has charged EAPO to prepare a full package of documents taking into account results of discussion and to submit to its consideration of the next session AC EAPO.
At session AC EAPO has accepted the decision on carrying out of seminar in 2010 concerning intellectual property protection in the Kirghiz Republic.
During session elections of vice-presidents AC EAPO have taken place.
Vice-presidents AC EAPO Mr. Melisbek Uhlan Melisbekovich, the plenipotentiary of the Kirghiz Republic Mr. Abdrahim Nurlan Ergaliuly, plenipotentiary of Republic Kazakhstan are unanimously selected.
Following next session Administrative EAPO is planned to hold in November 2010.

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

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’

The Press release about meeting on project realization

“Rapprochement of aspects for intellectual property protection rights in European union and in Russian Federation”
On 17th November, 2009 in RosPatent the starting meeting on project realization «Rapprochement of aspects for intellectual property protection rights in EU and in Russian Federation», the first joint project using the mechanism of the General spaces, provided by the agreement between Russia and EU has taken place.
The meeting was spent for coordination of actions on start and further realization of the project, and also for the coordination for approaches of all interested in realization of the project parties. Partners within the limits of this Project are: RosPatent, the European commission and the European patent department (EPO).
With a view of realization the project by the European commission and the European patent department (EPO) the agreement according to which EPO has appointed an executive under this project and the addressee of the means allocated within the limits of the given project with the European commission is signed.
In meeting, RGIIS, European business association representatives of the Ministry of Education and Science of Russian Federation, State Duma, FGU, FIPS also have taken part in Russia, and also representatives of mass media. Head RosPatent, B.P. Simonov conducted meeting.
Participants have discussed concrete components of the project and time frameworks of its realization. Within a year it is supposed to realize actions for following directions:

1. Comparison of legislative base in sphere of patent protection in Russia and in European patent convention (EPC).
Within the limits of the given component it is planned to conduct research of the operating Russian legislation in sphere of intellectual property about its conformity to positions of the European patent convention (EPC) and to prepare recommendations about possible entering into it of changes.
By results of research it is supposed to hold a seminar and to publish the booklet so that representatives of interested parties, in particular the Russian science, industry and business, could on the basis of the received information on various aspects of European and Russian systems of granting of a right protection to inventions, to develop the approaches to patenting in Russia and abroad.

2. Working out and the management publication on carrying out of patent expert examination for experts of RosPatent.
For the purpose of improvement of quality of consideration of applications and increase of predictability of expert decisions, and also to consideration of applications the Management on patent expert examination carrying out is planned to develop and publish developments of the uniform interdepartmental approach.
Experts of RosPatent will be the basic users of the publication, but under the offer of participants of meeting the question on the document publication on a Federal Agency web portal to make procedure of patent expert examination more transparent will be considered and to remove some questions arising at interaction of the applicant and the expert.

3. Comparative research: registration of applications and office-work in EPO and RosPatent.
The purpose of the given component is optimization of procedure of registration of applications and office-work in RosPatent. For this purpose it is supposed to conduct comparative research and to consider procedures of document circulation EPO and RosPatent, to define the high lights which rapprochement could promote increase of efficiency of office-work in department. By results of research visit of the Russian experts in EPO for studying of practical application of approaches EPO to the document circulation organization is planned.

4. Economy and management of objects of intellectual property.
For the purpose of development already existing in RGIIS curriculum on economy and management of intellectual property it was offered to organize a round table with participation of representatives of other institutes which offer courses on economic aspects of intellectual property. Within the limits of round table the exchange of opinions on which basis new system approach to the organization for training on economy and management of intellectual property in Russia can be developed was supposed.

5. Courts practice of EU countries on prolongation on validity period of patents for medical products.
Considering that possibility of prolongation on validity period of patents for medical products is rather new sphere of regulation which has already found reflexion in positions of the Russian legislation, it was offered to organize in Moscow a round table on exchange of opinions and experience of experts in the field. On its results creation of the collection containing the information on approaches to rights-applications, realized in the different countries is planned.
After discussion of concrete aspects of the project, in particular to necessity to consider that in Russia, unlike the EU countries, protection is given to ways of treatment; participants have confirmed interest in realization of the given project.

The meeting has passed in meaningful dialogue atmosphere, and project partners have highly appreciated its efficiency.


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

WIPO Launches Enhanced Patent Information Service

Geneva, November 17, 2009
PR/2009/618
WIPO has launched an enhanced online patent information service that will improve public access to information on patents filed and granted around the world. WIPO’s PATENTSCOPE®, which currently hosts data on more than 1.6 million international patent applications filed under the Patent Cooperation Treaty (PCT), has been extended to include several collections of national and regional patent information.
In this first phase, WIPO’s PATENTSCOPE® includes the patent data collections of eight patent offices: African Regional Intellectual Property Organization (ARIPO), Cuba, Israel, Republic of Korea, Mexico, Singapore, South Africa and Vietnam. WIPO has been working closely with these patent offices to ensure the data collections are fully searchable.
The expansion of WIPO’s PATENTSCOPE® data collection makes it possible to conduct high-quality, detailed and free-of-charge searches of the patent information of the participating offices. Many of these collections had previously not been digitized and were not easily searchable. This initiative is taking place within the context of WIPO’s commitment to supporting the development of a fully integrated global IP infrastructure and to increasing participation by developing and least developed countries in the benefits of the knowledge economy.
The availability of good quality patent information which contains detailed technical specifications of new technologies is an important step towards narrowing the knowledge gap in technological information. WIPO’s PATENTSCOPE®, which facilitates the search and retrieval of patent information, is designed to enhance access to the wealth of technical information contained in patent documents and thereby to promote the broad dissemination of this knowledge. Patent information is of significant practical value to businesses when planning product development, marketing strategies or when seeking partnership opportunities for joint ventures.
In addition to technical information, patent documents offer an indication of who is active in a given field of technology and the legal status of the patents granted to those actors. This information can also be of value to researchers and others seeking information on state-of-the-art technologies, particularly in developing countries, as it can help optimize R&D investment by reducing the chances of unnecessarily duplicating R&D efforts.
WIPO’s expanded PATENTSCOPE® platform offers tools that enable a high-level analysis of technology trends, as well as country and company-level patenting trends. The new service is the result of cooperation agreements between WIPO and the participating national and regional patent offices. WIPO provides technical assistance to offices to assist them in the digitization and dissemination of their patent data. Similar agreements are underway with several additional offices, and others will be added over time.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’

WIPO Director General Wraps up Official Visit Topped by Meeting with the P.M.

Geneva, November 13, 2009
PR/2009/617
WIPO Director General Francis Gurry wrapped up a five day official visit to New Delhi on November 13, 2009 in which he held a series of high level meetings, including with the Prime Minister, Dr. Manmohan Singh - that addressed a range of issues of specific interest to India and areas of joint cooperation with WIPO.
The role of balanced national intellectual property (IP) systems in promoting development and growth and in addressing key public policy challenges, such as the environment and public health, was a common theme of these discussions. An agreement to strengthen cooperation between India and WIPO was also signed during the visit.
Mr. Gurry welcomed efforts by the Government of India to promote innovation and creativity in the country through strategic use of the IP system. He underlined the role of IP in driving innovation, creativity and transfer of technology, and emphasized the need to ensure that the IP system produces social and economic benefit.
Talks were held with: Minister for Industry and Commerce, Mr. Anand Sharma, Minister of Human Resource Development, Mr. Kapil Sibal, Minister of State for Science and Technology, Mr. Prithvi Raj Chavan, Minister of State for Environment and Forests, Mr. Jairam Ramesh, Minister of State for Commerce and Industry, Mr. Jyotiraditya Scindia, Minister of State for External Affairs, Mr. Shashi Tharoor, Deputy Chairman of the Planning Commission, Mr. Montek Singh Ahluwalia, Secretary, Department of Industry and Commerce, Mr. Ajay Shankar, Secretary, Information and Broadcasting, Mr. Raghu Menon, and Secretary, Ministry of State for Environment and Forests, Mr. Vijai Sharma.
Discussions covered international treaty talks under WIPO auspices relating to the protection of broadcasting organizations and to the rights of performers in their audiovisual performances. Officials noted India’s continued interest in these issues and committed to actively participate in the negotiations. Emphasis was also made on the structural problems facing copyright in the digital environment, with Mr. Gurry noting the need for global reflection on the question of financing culture in the 21st century.
The role that IP can play in mitigating the consequences of climate change was also discussed. Mr. Gurry said WIPO is committed to building broader understanding of the important contribution that IP can make in generating and disseminating technological solutions to address the multi-faceted challenges that climate change presents. He said that policies that stimulate the creation and diffusion of technology are directly relevant to an effective response to the challenges of climate change.
Officials noted that questions relating to climate change are at the forefront of India’s policy concerns and that New Delhi is committed to finding global solutions to meet these challenges. Mr. Gurry noted that WIPO had a positive contribution to make in relation to technology mapping and landscaping to identify existing technologies and their legal status, as well as in the area of capacity building.
A recurring theme was the importance of advancing international discussions on the protection of traditional knowledge (TK), genetic resources (GRs) and folklore. Mr. Gurry observed that there is a real opportunity to achieve tangible results in this area with the renewed mandate of the WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). Officials stressed that this question is very important for India and developing countries in general.
Mr. Gurry said India is a pioneer in dealing with questions relating to TK, noting its impressive, and publicly available, Traditional Knowledge Digital Library (TKDL), which contains a vast encyclopedic database of thousands of formulations in patent search compatible formats in various languages. Officials said India is ready to share its extensive experience in developing its TKDL and to strengthen cooperation in developing and populating other databases.
Talks also covered India’s possible accession to the Madrid system for the international registration of trademarks. A proposal is currently under consideration by the Indian Parliament and a decision is expected in early December. Mr. Gurry said this would be “a major event and would signal a new phase in the Madrid system.”
On November 13, 2009, Mr. Gurry and Mr. Shankar signed a memorandum of understanding (MOU) which commits to strengthening bilateral cooperation “through a more intense, active and systematic organization and conduct of joint activities that will promote the goal of using IP for economic, social, cultural and technological development in India.”
WIPO and India will cooperate more closely in a variety of fields, ranging from the formulation and implementation of a national IP strategy that is aligned with India’s national development priorities, to raising awareness of IP as a critical tool for promoting innovation and creativity. Cooperation will be tightened with respect to technology transfer to address global challenges such as health, food security, climate change and the environment, as well as IP issues regarding TK, GRs and folklore and building respect for IP.
The MOU also calls for cooperation in the strategic use of trademarks, geographical indications and industrial designs for promoting enterprise competitiveness and market access, as well as use of the copyright system to promote creativity, particularly in the digital environment, and strategic management and use of IP by companies, particularly SMEs.
IP training and research will be reinforced under the MOU through stronger cooperation between the WIPO Worldwide Academy (WWA) and the National Institute for Intellectual Property Management (NIIPM) of India . WIPO will also support India’s IP authorities in modernizing their infrastructures and will support greater use of WIPO’s global protection systems which facilitate the process of obtaining IP rights in multiple countries, (e.g. the Patent Cooperation Treaty and the Madrid System for the International Registration of Trademarks). Both sides also committed to exchanging patent and trademark data (national, PCT, and Madrid) for inclusion in their respective databases.
Mr. Gurry also visited the Intellectual Property Office of India and met with its staff, including the Controller General of Patents, Designs & Trade Marks, Mr. P.H.Kurian. The Director General underlined the importance of the Office’s function in light of the increasing use of IP rights by Indian enterprises.
A roundtable organized by the Confederation of Indian Industry (CII) brought together some 50 enterprise leaders, from various sectors for a discussion on WIPO’s activities. The Director General outlined recent developments at WIPO as well as future priorities and their relevance for Indian enterprises. A separate roundtable was organized by the Federation of Indian Chambers of Commerce (FICCI) with representatives of the entertainment sector.
Mr. Gurry this week also participated in the following events: 5th International Forum on Creativity and Inventions - A Better Future for Humanity in the 21st Century, a meeting with India’s community of visually impaired persons (VIP), and the International Conference on Traditional Knowledge.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’

International Conference Calls for Concrete Outcomes on TK, GRs & TCEs

Geneva, November 13, 2009
PR/2009/616
WIPO Director General Francis Gurry, joined by India’s Secretary, Department of Industry and Commerce, Mr. Ajay Shankar, opened on November 13, 2009 an international conference by highlighting the importance of developing a balanced international legal framework for the effective protection of traditional knowledge (TK), genetic resources (GRs) and traditional cultural expressions (TCEs).

The one-day meeting, organized by the Federation of Indian Chambers of Commerce and Industry (FICCI), in cooperation with WIPO and India’s Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry brought together international experts to discuss these questions in a frank and informal context. Experts from India, Australia, Bangladesh, Kenya, Mexico, South Africa, the United States of America and the African Regional Intellectual Property Organization, FICCI and WIPO participated.

Mr. Gurry said that the meeting offered a welcome opportunity to support international negotiations on intellectual property and TK, GRs and TCEs, noting that last month WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) received its strongest mandate to date when WIPO member states agreed to launch negotiations to ensure the effective protection of TK, GRs and TCEs through the development of an international legal instrument.
The decision to move ahead with these negotiations is of great significance, Mr. Gurry said, because it recognizes TK, GRs and TCEs as part of a more universal knowledge base upon which the IP system rests.
Mr. Gurry said negotiations need to be approached in a constructive manner with a sense of pragmatism. “We have complex issues before us in adapting the IP system in providing protection for TK…We have to find pragmatic solutions. Pragmatism is the only way we will move forward,” he said. At the international level, solutions must be found at a level of generality that allows national jurisdictions the flexibility to operate. Informal forums for dialogue such as this Conference were vital, and Mr. Gurry paid tribute to FICCI’s initiative in organizing the event.
The Director General applauded India’s achievements in establishing frameworks to protect its ancient traditional knowledge systems, such as the “Indian Systems of Medicine” initiative which covers traditional healthcare systems and medicine. Mr. Gurry also noted the enactment of legislative protections for TK and GRs (Biological Diversity Act 2002; Patents (Amendment) Act 2005) and the establishment of a Traditional Knowledge Digital Library (TKDL) to supplement these laws.
Mr. Shankar said issues relating to TK and GR had moved to center stage in India and internationally in the past 10 years, propelled into the limelight by foreign patents granted over age-old Indian resources such as neem and turmeric. The Indian TKDL has been developed to defend against misappropriation of TK. The issues were conceptually novel and considerable discussion and rigorous analyses were needed.
DIPP had requested FICCI to set up a Traditional Knowledge Taskforce to explore the issues and options, Mr. Shankar said. The TKDL had been a great success. An agreement had been entered into with the European Patent Office and a fair number of patents have been denied by EPO since. The new mandate at WIPO was a good development, Mr Shankar said. The international community was moving into new unchartered territory but should be able to arrive collectively at a balanced agreement. India was committed to remaining active in this work, he observed.
The TKDL is owned jointly by the Council for Scientific and Industrial Research and the Department of Ayurveda, Yoga, Unani, Sidh and Homeopathy (AYUSH). It comprises a vast encyclopedic database of thousands of formulations in patent search compatible formats in various languages.

The New Delhi meeting brought together international and local speakers and covered developments at the WIPO IGC as well as national initiatives and programs in countries such as India, Kenya, Mexico, the USA, Australia, Bangladesh and South Africa as well as at ARIPO.
Mr. Samir Rahman
On & in behalf of
Patent and Law firm ‘IPPro’