National Registration Systems

Information on the national intellectual property protection systems, which Russian applicants can use, for example, to get legal protection under the Paris Convention for the Protection of Industrial Property, can be obtained on official websites of national patent offices. Bilateral intergovernmental agreements concluded by the Russian Federation with the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Uzbekistan and Ukraine, stipulate that patent attorneys of one state can conduct business directly with the patent office of another state, while representing interests of the national applicants only. National applicants are also given the right to conduct business directly with the patent office of another state.

Information on accelerated management of applications for inventions submitted to the offices of states participating in the International Pilot Project on the Patent Prosecution Highway (PPH) program may be of great practical importance for Russian applicants.

List of states participating in the PPH Program, information on the advantages of patenting inventions in the framework of the PPH Program, information on the procedure for filing an application for accelerated proceedings on an application for an invention in a state agency is provided on the Rospatent website.

Particular features concerning protection of intellectual property rights in the member states of the Eurasian Economic Union:

The EAEU member states are the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, and the Russian Federation.

As a general rule, the applicant, who wants to fully enjoy his own intellectual property rights in the single customs territory of the EAEU, must ensure their protection in the territory of each of the member states of the EAEU by means of applying to national patent offices. In this case, the applicant can use international registration systems, specifying in the international application each of the member states of the EAEU, and in respect of inventions – the applicant may acquire a single Eurasian patent, which will be valid in the territory of eight EAPC member countries, including five member states of the EAEU.

The Treaty on the EAEU establishes basic principles and minimum standards for the protection of intellectual property rights for all Member States, which is intended to ensure convergence and harmonization of their national legislations. For example, in respect of trademarks, the Treaty establishes the regional principle of exhaustion of rights in accordance with which it is not a violation of the exclusive right to a trademark to use this trademark in respect of goods which were lawfully introduced into civil circulation on the territory of any of the EAEU member states directly by the owner of the trademark or by other persons with his consent.

Currently, the draft international treaty is being discussed, establishing a system for the registration of trademarks, service marks and appellations of origin of goods of the EAEU, the protection of which will be provided simultaneously on the territory of each of the member states of the EAEU.

Also, within the framework of the development of the customs legislation of the EAEU, the draft of the Customs Code of the EAEU is being finalized, regulating, inter alia, the application of measures of customs protection of rights to intellectual property. One of the tools for implementing such protection may be the introduction of the Single Customs Register of Intellectual Property Items of the Member States of the EAEU.