Requirements for the development of innovative economy in the Russian Federation determine the need to provide Russian innovative enterprises with comprehensive support to ensure protection of intellectual property rights for items they create in foreign countries. By Order of the Ministry of Economic Development of Russia of August 27, 2014 No. 514, a plan to implement comprehensive mechanism to protect intellectual property created in Russia in the foreign markets for the period 2014-2016. This section was developed pursuant to paragraph 1 of the above mentioned plan.
Russian right holders entering foreign markets should take into account the following information:
1.Legal protection of intellectual property (hereinafter - IP), as a rule, is strictly territorial. An IP item protected in one state will not be protected in another state until the required actions are taken.
2. In most countries of the world, legal protection of IP items is provided on the basis of their state registration with the national patent office. The decision on the need to ensure the protection of an IP item abroad is taken by the right holder, taking into account the possibilities provided for by international treaties. For example, by Article 4 of the Paris Convention for the Protection of Industrial Property of March 20, 1883, the applicant is granted the so-called right of conventional priority.
3. In addition to filing an application directly with the national patent office of a state, the legal protection of IP items in that state can be obtained on the basis of an application, filed with one of the regional or international IP protection system established on the basis of international treaties. Information on each of the listed security systems is given below.
4. In most jurisdictions, non-residents interact with the national patent office through an intermediary. As an intermediary it is usually recommended to engage a patent agent with state-certified qualifications to avoid unjustified difficulties in dealing with the patent office. Information on registered patent attorneys of the Russian Federation is available on the website of the Federal Institute of Industrial Property. Information on patent attorneys and representatives of foreign countries are posted on official websites of patent offices.
5.Ensuring the protection of IP items created in Russia should be carried out in compliance with the norms of Russian legislation regulating national security issues in the field of industrial property protection. The procedure for patenting abroad of inventions and utility models created in the Russian Federation is regulated by Article 1395 of the Civil Code of the Russian Federation, according to which foreign patenting can be carried out not earlier than 6 months after the filing of the application with the Russian Patent Office. This requirement is due to the need to check the contents of patent applications for the presence of information that constitutes a state secret. Also, the applicant must ensure that his application does not violate the requirements of secrecy and export restrictions, stipulated by the Law of the Russian Federation of July 21, 1993 No. 5485-1 "On State Secrets" according to which all responsibility for the disclosure of information constituting a state secret lies on the owner of information. In this case, such holder is the applicant who has applied abroad.