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Patent attorneys and Lawyers of the firm are active participants of the legislative process being members of the Russian Parliament working groups on IP legislation and also co-authors of comments to a number of laws
"Gorodissky & Partners"
B. Spasskaya Str., 25, bldg 3,
Moscow 129090, Russia
Phone: 7 (495) 937-6116 / 6109,
Fax: 7 (495) 937-6104 / 6123
E-mail: pat@gorodissky.ru,
http://www.gorodissky.com
April 3, 2012 - bill No. 47538-6 “On amendments to the part I, II, III and IV of the Russian Civil Code, and to individual acts of legislation of the Russian Federation” submitted by the Russian President to the State Duma for consideration on April 2, was registered and published at the Web-site of the State Duma. On April 9, the State Duma Council resolved to send the bill to committees, the commission, and factions in the State Duma to prepare proposals and comments. The first reading of the bill is scheduled for the end of April.
See our announcement dated February 07, 2012 on some amendments to Part IV of the Russian Civil Code.
It becomes apparent that the Russian PTO services has been amended and the fees have been increased, including those for search of registered trademarks and applied for registration that are identical and similar to a word trademark in “Trademarks of the Russian Federation computer-aided system”.
on consideration and settlement of disputes associated with intellectual rights protection
A draft Administrative Rules of the Russian PTO was published by the Russian Ministry of Economic Development on March 12, 2012, and public hearings connected with said draft will held till March 26, 2012.
The Administrative Rules establish a procedure for settling disputes arising in connection with intellectual rights protection in administrative proceedings.
On February 7, 2012, on the web-site of the Supreme Arbitrazh Court of the Russian Federation a Draft Law on Amending the Russian Civil Code prepared by the Council of the Russian President on Codification and Improving the Civil Legislation (further - Draft) was published. It was submitted to the Russian President on January 31, 2012. The Draft is scheduled to be submitted to the State Duma in spring of this year.
According to the Draft, amendments are be made in all parts of the Russian Civil Code including Part 4.
On January 17, 2012, the Law of Ukraine ¹ 4025-VI «On amendments to some legislative acts of Ukraine regarding the humanization of responsibility for violations in the sphere of economic activity and official activities" came into effect.
The Republic of Moldova expressed its decision to leave the Eurasian patent system by depositing with WIPO a Notification of denunciation of the Eurasian Patent Convention. According to Article 27 of the Eurasian Patent Convention the denunciation will take effect on 26 April 2012, meaning that the Eurasian Patent Office starting from this date will be unable to grant Eurasian patents valid with respect to the Republic of Moldova.
On December 8, 2011, the Russian Government took a Government Decree No. 1024 "On Introducing Changes in the Government Decree of the Russian Federation of April 22, 2009 No. 342 " (in force from December 27, 2011), which refined the special features of consolidation of the Russia’s rights to the results of science and technology activities.
On December 8, 2011, it was changed the procedure of the early termination of the legal protection of a trademark in connection with its non-use, as on the day it was issued and entered into force the Federal Law of December 8, 2011 No. 422-FZ "On introducing changes to certain legislative acts of the Russian Federation in connection with the establishment within the system of the arbitrazh courts the Court on intellectual property rights" (hereinafter, "Federal Law No. 422-FZ").
On December 8, 2011, the laws came into force, aimed at creating a specialized court on intellectual rights:
- The Federal Constitutional Law of December 6, 2011, No. 4-FKZ "On amendments to the Federal Constitutional Law "On the judicial system of the Russian Federation and the Federal Constitutional Law on Arbitrazh Courts in the Russian Federation in connection with the establishment within the Arbitrazh Court system the Court on intellectual property rights"; and
-The Federal Law of December 8, 2011 No. 422-FZ "On introducing changes to certain legislative acts of the Russian Federation in connection with the establishment within the system of the arbitrazh courts of the Court on intellectual property rights"
On December 8, 2011, the changes to the Russian Criminal Code started to operate that are aimed, in general, to humanize the criminal law.
The changes are also related to the sanctions of articles 146 (Infringement of copyright and neighboring rights), 147 (Infringement of inventive and patent rights) and 180 (Illegal use of trademark) of the Criminal Code, in which the criminal responsibility is fixed for infringement of intellectual property rights. In particular, it was increased a threshold for the damage, upon excess of which it may be incurred criminal responsibility for infringement of the copyright and illegal use of trademark, and as a punishment, alternative to deprivation of liberty, it is imposed a fine and forced labour.