Russia becomes a full member of the WTO On August 22, 2012

July 21, 2012. President Vladimir Putin signed a law on ratification of a protocol on Russia’s accession to the Marrakesh Agreement Establishing the World Trade Organization. According to WTO’s rules the entry of Russia into the organization will take place on August 22, 2012.

The date of entry of Russia into the WTO is linked with the entry in force of a number of the Russian rules of law, directly or indirectly related to protection of intellectual property rights.

First, the changes to the Regulations on Patent Fees will come into effect. As a result of the entry of those changes in force, the same scale of fees will be introduced for residents and non-residents. Until now, the fees charged in connection with the applications and patents for inventions, utility models and industrial designs for non-residents were 3 to 6 times higher than for the residents. The elimination of this imbalance will comply with the principle of the national treatment fixed in Article 3 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

The new fees will be by 30 to 40% higher for Russian applicants and IP owners and 3 to 4 times lower for foreign ones. The fees charged in connection with the trademarks and appellations of origin will be increased by 30 to 40% for all applicants. At the same time, the benefits for the applicants and IP owners of the countries with per-capita GDP is lower than $3000 will become ineffective. However, the resident applicants who are small business entities (fewer than 100 employees and less than $12,500 of the annual revenue) will enjoy a discount of 50% of the prescribed fees for filing an application for a patent, performing its examination, registration of an invention, a utility model and an industrial design, granting a patent and its maintenance.

Second, the provision of paragraph 5, Article 1483 of the Civil Code, providing for additional legal protection of geographical indications for wines and spirits will become fully effective.
This provision, in fact, repeats the provisions of Article 23(2) of the TRIPS Agreement, but it applies only in respect of the geographical indications from the countries with which Russia concluded international agreements providing for such protection. Currently, Russia is party to the international agreements governing the protection of the geographical indications, with a very limited number of countries. These are some CIS countries and some European countries. After August 22, 2012, the regulation will apply in respect of the geographical indications protected in any of the countries — members of the WTO.
Third, from the moment of Russia’s accession to the WTO protection of information on pre-clinical and clinical studies of drugs and medicines provided by the applicant during the state registration of drugs (data exclusivity) will become effective. The introduction of such protection was demanded from Russia by the negotiators on Russia’s accession to WTO, who linked this requirement to the provisions of Article 39(3) of the TRIPS Agreement.

According to Part 6 of Article 18 of the Federal Law «On the circulation of drugs," it is not permitted to receive, disclose, use for commercial purposes and for state registration of other drugs the information on pre-clinical and clinical studies submitted by the applicant during the state registration of the drug for the period of six years without the consent of the applicant. Thus, in fact, a 6-year moratorium on the simplified registration of simulated drugs (the so-called generics) after registration of the original drug is established. This provision shall be applicable to the relations which come to exist after the date of entry into force of the protocol on Russia’s accession to the WTO.