In Russia, the laws on Intellectual Property Protection are incorporated in the Civil Code of the Russian Federation. The Civil Code was enabled in 2008 after having a lot of modifications throughout the years. The Intellectual Property Laws in Russia were last amended at the end of 2015.
Patent and Industrial Design Protection in Russia
The Patent Law of the Russian Federation provides a legal framework for Patent Protection in Russia and protects the use of utility models, unique inventions, and industrial property. Furthermore, Russia is a signatory member of the Patent Cooperation Treaty, which allows foreign business companies and organizations to adhere to patent protection in the country.
In Russia, there are different types of patents, which can be granted and obtain protection under the law. These include:
- Patents related to inventions, which require passing a test of novelty, innovation, and use in some specific industry
- Patents corresponding to a new method, which has industrial applicability
- Product patents, which can take the form of a substance or device with innovation and creativity
- Utility models, which are new and have industrial applicability
When we talk about Patent Registration in Russia, the patents must be acknowledged well by Rospatent, which is Russia’s national Intellectual Property Office.
The term of patent protection in Russia depends on the type of patent registered; for instance, in the case of utility models, patent protection lasts for ten years, which can’t be renewed further. In the case of unique inventions, patent protection lasts for twenty years, which is renewable for another five years.
Industrial Designs are also recognized as Intellectual Property in Russia. The designs must be original and new to obtain Industrial Design Protection and get registered with Rospatent. The protection term for industrial designs is five years, which can be further renewed until the total protection timeframe reaches 25 years.
Copyright Protection in Russia
In Russia, Copyright Protection is given for a term of 70 years to the nationals for the artistic, scientific, and literary works. Both public and unreleased work (including interviews, speeches, and oral creations among the usual creative art) in Russia can obtain copyright protection. Administrative texts, laws, official documents, and folklore are not subject to copyright protection in Russia.
The Copyright Law in Russia has been renewed as per the Berne Convention. The law gives economic and moral rights to the owner and recognizes him or her as the author of the creation. The owner has the right to choose whether the work will be disclosed to the public or not. He or she can withdraw the work from public view as well if required. Additionally, the owner has the right to integrity, which safeguards his or her dignity. There is no general law in Russia that enables the copyright owner to receive money for his or her unique creation unless and until the work is audiovisual.
Trademark Protection in Russia
As a signatory member of the Madrid Agreement on International Registration of Trade Marks, Russia offers legal Trademark Protection to the business firms, organizations, and individuals that get their trademarks registered with Rospatent. Trademark Registration in Russia is on a first-come-first-served basis. While filing a Trademark Application, an applicant must submit all the essential documents. After having the proposed mark registered as a trademark, the owner must start using the same within a maximum period of three years to prevent it from being officially canceled. The trademark registration process in Russia can take up to one year to complete; hence, the individuals and companies must start the registration process as soon as they have all the required things in hand. Also, the entire trademark registration process is subject to an exceedingly critical and thorough examination procedure conducted by Rospatent. Trademark protection in Russia lasts for ten years, which can be further renewed infinitely for the same period.