Patents Trademarks | Industrial Designs | Intellectual Property in the Russian Federation

Russian Federation

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

LEGAL BASIS

  • Part IV of the Civil Code of the Russian Federation, effective since January 1, 2008, as amended.
  • The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of state registration of inventions and issuance of invention patents, duplicates thereof, effective since August 14, 2016.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since July 1, 1965.
  • Patent Cooperation Treaty (PCT), since March 29, 1978.
  • Eurasian Patent Convention, since September 9, 1994.

FILING REQUIREMENTS

  • Power of Attorney (no notarization for almost all European countries, Canada, Japan, and USA; notarization or legalization is required from countries which require such a legalization under their national law);
  • 2 copies of the specification with claims and abstract;
  • 2 copies of the drawings, size 21 x 29.7 cm;
  • Priority document, if necessary, with a certified translation in English, French, German or Russian.

REMARKS

National Phase of PCT: both under Chapter I and under Chapter II: 31 months.
Validity: issued after a formal and full examination - valid for 20 years.
Annuities: accumulated and due after the grant of the patent; subsequent annuities are payable on the anniversary date of the filing date.
Opposition: any natural person or legal entity may, during the entire term of its effect, file an opposition against the grant of the patent with the Patent Dispute Chamber.

LEGAL BASIS

  • Part IV of the Civil Code of the Russian Federation, effective since January 1, 2008, as amended. (Administrative Regulations are still under preparation.)
  • Order No. 482 of July 20, 2015 of the Ministry of Economic Development of the Russian Federation approving Rules on the Drafting, Filing and Examination of Applications for the Registration of Trademarks and Service Marks.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since July 1, 1965.
  • Madrid Agreement, since July 1, 1976.
  • Madrid Protocol, since June 10, 1997.

FILING REQUIREMENTS

  • Power of Attorney;
  • Good quality print, size 8 x 8 cm if possible. If a trademark is a label it is allowed deviation from established sizes and presentation thereof in full-scale, but not larger than 1/4 of A4 page;
  • List of goods and/or services, grouped according to the International Classification;
  • Priority document (if priority is claimed).

REMARKS

Kinds of protection: verbal, pictorial, three-dimensional and other designations or their combination. Service marks are registrable. Besides the original version, filing of word mark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any three-year period after the registration date may lead to cancellation; nominal use (advertising, publications) is accepted in absence of actual use.
Duration - renewals 10-year period after the filing date or last renewal date.
Opposition: possible during the whole lifetime on absolute grounds, and within a period of five years from the date of publication for other grounds.

LEGAL BASIS

  • Part IV of the Civil Code of the Russian Federation, effective since January 1, 2008, as amended.
  • The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of state registration of industrial designs and issuance of design patents, duplicates thereof, effective since January 8, 2016.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since July 1, 1965.

FILING REQUIREMENTS

  • Power of Attorney, no legalization;
  • Assignment deed, if any;
  • 2 descriptions; the description of an industrial design shall disclose the essence of the claimed solution of the exterior appearance of the article;
  • Design images as photographs (size: min. 9 x 12 cm, max. 18 x 24 cm) in triplicate; for three-dimensional design applications, ¾ front view of claimed design accompanied by such quantity of additional views which would be sufficient for detailed disclosure of the exterior appearance of an article, such as front views, left views, rear views, top views, bottom views. A single view is sufficient for a planar design. General drawings, ergonomic schemes, confection charts are submitted in duplicate;
  • Priority document, if any.

REMARKS

Duration - renewals: after formal and substantive examination - valid for 5 years from the filing date, renewable for four additional periods of 5 years. 
Opposition: possible during the entire term of the design.

LEGAL BASIS

  • Part IV of the Civil Code of the Russian Federation, effective since January 1, 2008, as amended.

FILING

  • ccTLD: .ru; .PΦ
  • Applicant: individuals and legal entities.
  • Local presence: not required.

REMARKS

Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: none.

General Information

Area: 17,125,187 sq. km.
Population: 146,100,000 inhabitants (estimated 2014).
Capital: Moscow, with over 12,300,000 inhabitants.
Language: Russian.
Currency: Rouble.

General Remarks

Until the end of 1991 the Russian Federation was part of the USSR, a country with a planned economy based on a socialist (Marxist-Leninist) organization. The Russian Federation continues radical economic reforms.

Industrial property protection in the territory of Crimea: although according to Ukrainian legislation, inventions, utility models, industrial designs, trademarks, service marks and appellations of origin (IP rights) registered in Ukraine remain valid on the territory of Crimea, as of March 18, 2014 de facto it is no longer possible to enforce them. As of this date, IP rights registered in the Russian Federation extend to the territory of Crimea and are enforceable there under Russian legislation.
Therefore, in case of a continued business activity in Crimea and ownership of an IP right registered in Ukraine but not in the Russian Federation, it is recommended to obtain registration for such IP right in the Russian Federation.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

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