Amendments introduced to Part IV of the Civil Code of the Russian Federation by Federal № 35ФЗ Law of March 03,2014 came into force
11 April 2015In particular, the new wording of Paragraph 5 of Article 1233 of the Civil Code came into effect, which allows the rightholder to publish a declaration about the grant to any person of the right of free use of his own works or of neighboring rights subject matters on his terms and for a period specified by him. Such a declaration shall be published on the website of a federal executive agency designated by the Government of the Russian Federation.
Furthermore, the wording of Article 1363 of the RF Civil Code was amended which establishes the patent terms. In accordance with the new wording of the article, the term of a patent for an industrial design is set as five years with the possibility of repeated extension for the next five years, but in total not more than 25 years from the filing date. The patent term for a utility model remains the same - 10 years, and the possibility of its extension is excluded. Furthermore, in accordance with amendments made in Article 1363, the extension of a patent term for an invention relating to pharmaceuticals, pesticides or agrochemicals, over 20 years, will be made through the issuance of additional patents.
Owing to the addition to the Civil Code of a new Article 1406.1, the holder of a patent obtained new opportunities to protect himself against patent infringement. Now, instead of damages the patentholder is entitled to demand from the infringer a compensation in the amount from 10 thousand up to 5 million rubles or in the amount of twice the cost of a license, which under comparable circumstances is usually charged for similar legal use of an invention, utility model or industrial design.
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