IPR Toolkit

Overview

Russia's Current IPR Environment

Although legislation protecting Intellectual Property is largely up to international standard, Russia still faces significant challenges in enforcing these laws. The situation is most serious in the entertainment industry, with widespread piracy of film, music and software. Russia was placed on the United States Trade Representative's Special 301 Priority Watch List in April 2005 with an Out-of-Cycle Review scheduled for January 2006.

Registering Your IPR is Your Best Strategy

Protection of intellectual property and the laws governing enforcement of these protections exist but are not necessarily applied extra-territorially. What is understood and practiced in the United States is not always practiced in Russia. U.S. companies wishing to sell their products or services in Russia should first and foremost register their intellectual property rights (copyrights, trademarks or patents) in Russia. The best way to enforce a rightsholder's claims is to have their intellectually property recognized by the Russian government.

How and Where to Register Your Intellectual Property in Russia

Trademarks and Patents

Both the United States and Russia are members of the Madrid Protocol, which allows companies from the member nations to apply for trademark ownership in several member nation countries simultaneously. In Russia, a U.S. company can register their trademarks and patents with the Federal Service for Intellectual Property, Patents and Trademarks ("Rospatent").

Copyright

Under international law, copyrights do not have to be registered in order to be protected; however, similar to the U.S., registration is also possible in Russia with the Russian Author's Association.

Also, when registering a copyright, trademark, or patent, U.S. companies should maintain control of their intellectual property even if they request their Russian agent to do the processing. This control is particularly important should the relationship dissolve.

Russia's IPR Enforcement System

Legal Systems for the Protection of IPRs in Russia

Enforcement Agencies

I. The Federal Service for Intellectual Property, Patents and Trademarks ("Rospatent") is in charge of intellectual property administration. It grants intellectual property rights, helps them to be commercialized and protects them from infringement. The missions and functions of Rospatent are:

• Examination and registration of the patent, utility model, industrial design and trademark (including servicesmark), policies on the protection of trade secrets, and registration of semiconductor chip layout designs;

 

• Adjudicating patent disputes;

 

• Anti-counterfeiting activities;

 

• Management, computerization and dissemination of IPR information and documentation at home and abroad;

 

• Encouragement of inventive and innovative activities; and

 

• International cooperation in the field of IPR

II. General Procuracy and Ministry of Interior

The Ministry of Interior (MVD) is the authority that investigates pirates, counterfeiters and distributors of counterfeit goods. It presents evidence gathered from raids and seizures to the General Procuracy, which determines whether there are suitable grounds for pursuing a criminal action.

III. Russian Federal Customs Service

Russia's Federal Customs Service stops the movement of counterfeit and pirated products. Trademark owners can request customs authorities to restrict the import or export of goods across international borders infringing their trademark rights by recording their registered trademark rights with customs authorities. Customs officials suspend operations on articles presented for import or export clearance that are suspected of being counterfeit, and they investigate the related infringers. For more information, please visit the Russian Federal Customs Service homepage.

What the U.S. Government Can Do in IPR Infringement Cases

Because intellectual property rights are private rights, the U.S. government can provide only limited direct assistance. In many cases, however, the U.S. government can provide companies with information to aid in navigating Russia's legal system, including lists of local investigative firms and attorneys, and share experiences and expertise in Russia. However, the government cannot provide American companies with legal advice or advocate on a company's behalf when a matter is before a court or administrative agency.

When a company encounters blatant infringement of its IPR, the rightsholder should hire local counsel and pursue a preliminary investigation themselves or through a contracted professional firm, keeping in mind that U.S. companies should ensure compliance with Russian law. Once the initial investigation is complete, the company should determine whether it is worth pursuing further action, especially considering possible costs. Rightsholders have the option to initiate actions or seek redress through either the judicial or administrative systems.

Once a company decides to pursue a remedy, the U.S. government will monitor the case, if requested to do so by the company. The Department of Commerce maintains a database of IPR disputes that U.S. companies have brought to the government's attention. The U.S. government cannot intervene in these cases. However, the U.S. government can inquire about their status or contact Russian government officials about concerns related to the effective administration of legal remedies available to IP holders as a general matter. As with other types of commercial disputes, U.S. government efforts to assist with IPR disputes are aimed at achieving a fair and timely resolution in accordance with international commitments and Russian laws, and in advancing adequate legal and judicial protection for all parties.

"STOP!"(Strategy Targeting Organized Piracy) Program

The "STOP!" Strategy Targeting Organized Piracy program is a U.S. government-wide effort that works with like-minded countries to halt the worldwide trade in pirated goods. The growing trade in counterfeit goods, estimated by Interpol to be over seven percent of total global trade, threatens the United States and other innovative nations throughout the world, especially cutting into the competitiveness of small manufacturers and their workers.

Although Russia is one of the countries targeted by the STOP! Initiative, the Russian government has also expressed its interested in cooperating with this initiative, recognizing the transnational nature of IPR violations. For further information on "STOP!", go to http://www.uspto.gov/main/profiles/stopfakes.htm.