INTELLECTUAL PROPERTY RIGHTS IN RUSSIA
Opposition Term |
N/A |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
Trademark Law 3520-1 of September 23, 1992, as amended by the federal law 166-FL on December 11, 2002, came into force on December 27, 2002 - is the primary law governing the mechanism of trademark registration and protection in Russia. Other laws include the Legal protection of trademarks in Russia, which is governed by the relevant provisions of Part 4 of the Civil Code 2008 (the latest amendments to which were enacted on July 4, 2016).
In accordance with Russian law, a trademark is protected in the territory of the Russian Federation on the basis of its registration by the Russian Patent and Trademark Office (Rospatent).
Russia is a ‘first-to-file’ jurisdiction; therefore, the trademark legislation does not recognise prior use rights. The exclusive right to use a trademark applies only to the mark that is granted state registration.
Russia follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.
There is no opposition procedure in Russia. However, the law allows third parties to file written observations against an application that is under examination by Rospatent. In such observations, the third party can express its opinion on the filed mark’s compliance with the legal requirements, including its confusing similarity to earlier registered trademarks. The Rospatent examiner will take these arguments into account during the examination of the application.
Trademarks in Russia are valid for ten (10) years from the filing date and may be renewed at the owner's request for further periods of ten (10) years each indefinitely. The request for renewal should be filed during the last year of the current ten (10)-year validity term.
There is a grace period of six (06) months to renew a registered trademark provided that a surcharge is paid. Reinstatement of a lapsed trademark is not possible.
If a trademark has not been used within three (03) consecutive years after registration date or any later date, it may be cancelled upon the court decision taken in case of satisfaction of the third party's lawsuit. The lawsuit can be filed not earlier than three (03) years after the registration date of the disputed trademark.
The Russian Federation has been a contracting party to the Paris Convention for the Protection of Industrial Property since July 1, 1965. It has also been a contracting party to the Patent Cooperation Treaty (PCT) since March 29, 1978. In addition, it is a party to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and the Patent Law Treaty (PLT).
Part IV of the Civil Code, valid from 1st January 2008 (as amended by Federal Law 35-FZ of 12 March 2014) covers all issues relating to intellectual property. Chapter 72 of the Civil Code is particularly relevant to the patent law.
For seeking patent protection in Russia, an application has to be filed with the Federal Service for Intellectual Property (Rospatent), which administers the entire process of patent grant.
In Russia, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In the Russian Federation, the granting of a patent may be disputed and opposed in the Russian Patent Dispute Chamber only after the patent is granted. Measures for opposing a patent application, which is currently under examination, are not available.
The patent protection term is twenty (20) years from the date of filing the application, subject to the payment of annual fees. If the patent became invalid due to non-payment of annual fees, it may be reinstated upon the request of the owner within three (03) years of the expiration of the last paid year. The term of a patent relating to pharmaceuticals, pesticides, or agricultural chemicals, which by law require special approval for use, may be extended by a period of up to five (05) years, counting from the application filing date to the date of obtaining the first authorization.
The Russian industrial design registration system is based on art IV of the Civil Code of the Russian Federation (the ‘Code’); Rules for preparing, filing, and examination of industrial design application (the ‘Rules’) and Requirements to the industrial design application documents (the ‘Requirements’) primarily.
For seeking industrial design protection in Russia, an application has to be filed with the Federal Service for Intellectual Property (Rospatent).
The types of industrial design applications that can be filed in Russia include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Third parties can’t file an opposition against a design application. However, third parties can apply to invalidate a registered design right in whole or in part. The validity of an issued design patent can be challenged by a third party during the lifetime of the design patent.
A design patent is valid for five (05) years from the filing date and can be renewed four (04) times for five (05) years each up to a maximum term of protection of twenty-five (25) years. Annuities need to be paid each year from the 3rd year onwards.
The time frame for payment of the renewal fee before the due date is twelve (12) months.
The grace period to renew an industrial design after the date of expiry is six (06) months.
Russia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law of the Russian Federation No. 5351-1 of July 9, 1993 on Copyright and Neighbouring Rights (with the Additions and Amendments of July 19, 1995) and the Russian Civil Code - is the basic legislation governing copyright protection in Russia.
In compliance with Article 1259 of the Civil Code of the Russian Federation, no registration of work or any other formality is required for the emergence, execution, and protection of copyright. A voluntary registration system of computer programs and databases is available for the rights holders. The federal executive body conducting such registration is the Federal Service for Intellectual Property, Patents, and Trademarks (Rospatent).
As a general rule, the duration of copyright protection under the law of the Russian Federation lasts for the author's lifetime plus seventy (70) years starting from January 1 of the year following the year of the death of the author.
Concerning the neighbouring rights, the term of protection is fifty (50) years since the original performance or broadcast. For phonograms, the term is fifty (50) years since the first publication, or fifty (50) years since the fixation of the phonogram if not published within that time.