Country Profile: Russia

Laws

Constitution / Basic Law

• Constitution of the Russian Federation (2008)

Main IP Laws (enacted by the Legislature)

• Federal Law on Protection of Competition (2010)
• Civil Code of the Russian Federation (2009)
• Statute of the Federal Service for Intellectual Property, Patents and Trademarks (2009)
• Federal Law On the Transfer of the Rights to Unified Technologies (2008)
• Federal Law No. 231-FZ of December 18, 2006 on Putting into Opertation Part Four of The Civil Code of The Russian Federation (2008)
• Federal Law N°. 98-FZ of July 29, 2004 on Commercial Secrecy (2004)
• Federal Law about Seeds (1997)
• Law of the USSR on Industrial Designs of 10 July 1991 No. 2328 (Extracts) (1991)
• Law of the USSR on Inventions in the USSR of 31 May 1991 No. 2213-I (Extracts) (1991)

IP-related Laws (enacted by the Legislature)

• Tax Code of the Russian Federation (Extracts) (2009)
• Criminal Code of the Russian Federation (2009)
• Federal Law on Patent Attorneys (2008)
• Federal Law on Procedures of foreign investments in the business entities of strategic importance for Russian national defense and state security (2008)
• Code of the Russian Federation on Administrative Offenses (Extracts) (2008)
• Law of the RSFSR No. 948-1 on Coмpeтition and Limitаtion of Monopolisтic Acтiviтy in Commodities Marкets (2006)
• Criminal-Procedural Code of the Russian Federation No. 174-FZ of December 18, 2001 (2005)

IP Laws (issued by the Executive)

• Decree of the President of the Russian Federation No.1471 of December 5, 1998 on Measures to Implement the Rights of Authors of Works, Performers and Producers of Phonograms in Remuneration for Reproduction for Personal Use of Audiovisual Works or of a Sound Recording of a Work (Collection of Laws of the Russian Federation, 1998, No.49, Article 6016) (1998)
• Decree of the President of the Russian Federation No.1607 of October 7, 1993 on State Policy on Copyright and Related Rights Protection (Collection of Acts of the President and Government of the Russian Federation, 1993, No.41, Article 3920) (1993)

Implementing Rules/Regulations

• Order of the Ministry of Education and Science of Russia No.368 of October 5, 2009 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Certifying and Registering Patent Attorneys of the Russian Federation, Granting Registration Certificates to Patent Attorneys, and Monitoring Patent Attorneys’ Implementation of Requirements Stipulated by the Laws of the Russian Federation (Compendium of Normative Acts of the Federal Executive Authorities, 2010, No.14) (2009)
• Decree of the Russian Federation Government of 14 September 2009 No. 735 on Approval of Patent and Other Taxes in Legal Actions Related to Plant Variety Patent, State Registration of Rights Transfer on Plant Variety to the Third Parties and Disposition of these Rights (2009)
• Order of the Federal Service for Monitoring Compliance with Cultural Heritage Protection Laws No. 169 of September 9, 2009 on Approving the Form of the Report of an Accredited Collective Rights Management Organization, as registered with the Ministry of Justice on January 20, 2010, No.16017 (Compendium of Normative Acts of the Federal Executive Authorities, 2010, No. 10) (2009)
• Decree of the Russian Federation Government of 30 April 2009 No. 384 on Approval of Rules on State Registration of Contracts on Disposition of Exclusive Rights on Plant Variety and Transfer of such Right without Contract (2009)
• Decree of the Russian Federation Government of 22 April, 2009, N 342 on Questions on Regulation of Enhancement of Protection of the Results in Scientific Technical Activities (2009)
• Resolution of the Government of the Russian Federation No.992 of December 29, 2007 on Approving the Provisions on State Accreditation of Organizations Performing Collective Management of Copyright and Related Rights (Collection of Laws of the Russian Federation, 2008, No. 2, Article 114) (2009)
• Decree of the Russian Federation Government 24 December, 2008, No. 1020 on state registration of contracts on the disposition of exclusive right on patent, utility model, industrial design, registration of layout designs of integrated circuits, software programs, databases and on transfer without contract of the exclusive rights on patent, utility model, industrial design, trade mark, service mark, geographical indication, registered layout designs of integrated circuits, software program, database (2008)
• Decree of the Russian Federation Government of 10 Dec 2008 No. 941 on Approval of the Regulation about patent and other taxes on performing the legal actions related to patents, utility models, industrial design, state registration of trademarks and service marks, state registration and granting the exclusive right for geographical indications, state registration of transfer of rights to third parties and disposition of these rights (2008)
• Ministry of Education and Science of the Russian Federation Order of 29 October 2008 N 321 on Approval of Administrative Regulation of execution of the Federal Service on Intellectual Property, Patents and Trademarks of State Functions of Registration of Contracts on Granting the Rights on Patents, Utility Models, Industrial Designs, Trademarks, Service Marks, Patentable Software Programs, Databases, Layout Designs and also Franchising Contracts on utilization of Intellectual Property Objects, protected according with the Patent Law of Russian Federation (2008)
• Order of the Ministry of Education and Science No.323 of Russia of October 29, 2008 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Organizing Receipt of State Registration Applications for Topographies of Integrated Circuits and Examination thereof, and Grant of Certificates of State Registration of Topographies of Integrated Circuits in accordance with Established Procedure (Compendium of Normative Acts of the Federal Executive Authorities, 2009, No.12) (2008)
• Order of the Ministry of Education and Science of Russia No. 322 of October 29, 2008 on Approving Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Extending in accordance with Established Procedure the Period of Validity of a Patent for an Invention relating to Assets, for the Use of which the Permission of an Appropriate, Authorized Authority is Required under the Laws of the Russian Federation, the Period of Validity of a Patent for an Industrial Design, a Certificate (Patent) for a Utility Model, Registration Certificate of a Trademark or Service Mark, Certificate of the Right to Use an Appellation of Origin, and Restoration of the Validity of a Patent for an Invention, Utility Model or Industrial Design Previously Terminated due to Non-Payment of Maintenance Fees within the Prescribed Time Limit (Compendium of Normative Acts of the Federal Executive Authorities, 2009, No.26). (2008)
• Order of the Ministry of Education and Science of Russia No.324 of October 29, 2008 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Organizing Receipt of State Registration Applications for Computer Software and State Registration Applications for Databases, Examination thereof, and Grant of Certificates of State Registration of Computer Software or Databases in accordance with Established Procedure (Compendium of Normative Acts of the Federal Executive Authorities, 2009, No.5) (2008)
• Order of the Ministry of Education and Science of Russia No.325 of October 29, 2008 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Organizing Receipt of Industrial Design Applications and Examination and Assessment thereof, and Grant of Russian Federation Industrial Design Patents in accordance with Established Procedure (Compendium of Normative Acts of the Federal Executive Authorities, 2008, No.50) (2008)
• Order of the Ministry of Education and Science of Russia No.327 of October 29, 2008 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Organizing Receipt of Invention Applications and Examination and Assessment thereof, and Grant of Russian Federation Invention Patents in accordance with Established Procedure (Compendium of Normative Acts of the Federal Executive Authorities, 2009, No. 21) (2008)
• Order of the Ministry of Education and Science of Russia No.328 of October 29, 2008 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Organizing Receipt of Registration Applications and the Grant of the Right of Use of an Appellation of Origin or of an Application for the Grant of the Right of Use of a Previously Registered Appellation of Origin, Examination and Assessment thereof, and Grant of Certificates of the Russian Federation in accordance with Established Procedure (Compendium of Normative Acts of the Federal Executive Authorities, 2009, No.16) (2008)
• 2.1.3 Order of the Ministry of Education and Science of Russia No.326 of October 29, 2008 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Organizing Receipt of Utility Model Applications and Examination and Assessment thereof, and Grant of Russian Federation Utility Model Patents in accordance with Established Procedure (Compendium of Normative Acts of the Federal Executive Authorities, 2009, No.10) (2008)
• Order of the Federal Service for Monitoring Compliance with Cultural Heritage Protection Laws No. 92 of October 23, 2008 on Approving the Provision on the Accreditation Commission, as registered with the Russian Ministry of Justice on November 21, 2008, registration no.12715 (Russian Gazette, November 25, 2008, No.241) (2008)
• Resolution of the Government of the Russian Federation No.285 of April 19, 2008 on Approving Rules for Payment of Remuneration to the Author for Public Resale of Original Works of Fine Art, and Author’s Manuscripts (Autographs) of Literary and Musical Works (Collection of Laws of the Russian Federation, 2008, No.17, Article 1880) (2008)
• Order of the Ministry of Culture of the Russian Federation No. 30 of February 19, 2008 on the Model Statutes of an Accredited Collective Rights Management Organization, as registered with the Russian Ministry of Justice on February 28, 2008, registration no.11240 (Compendium of Normative Acts of the Federal Executive Authorities of June 9, 2008, No.23) (2008)
• Resolution of the Government of the Russian Federation No.988 of December 29, 2007 on Approving Rules for the Collection, Distribution and Payment of Remuneration to Performers and Producers of Phonograms for Use of Phonograms Released for Commercial Purposes (Collection of Laws of the Russian Federation, 2008, No.2, Article 112) (2007)
• Order of the Ministry of Education and Science of Russia No.346 of December 12, 2007 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Maintaining Registers of Registered Intellectual Property Subject Matter, Publication of Information on Registered Intellectual Property Subject Matter, Filed Applications and Relevant Patents and Certificates Granted, on the Validity, Termination and Restoration of the Validity of Legal Protection in Relation to Intellectual Property Subject Matter, Transfer of Rights in Protected Subject Matter, and on Official Registration of Intellectual Property Subject Matter (Russian Gazette, June 25, 2008) (2007)
• Resolution of the Government of the Russian Federation No.218 of March 21, 1994 on Minimum Rates of Author’s Remuneration for Miscellaneous Use of Works of Literature and Art (Collection of Acts of the President and Government of the Russian Federation, 1994, No.13, Article 994) (2007)
• Order of the Ministry of Education and Science of Russia No. 313 of December 13, 2006 on Approval of Administrative Regulations on the Federal Service for Intellectual Property, Patents and Trademarks’ Performance of State Functions in Monitoring Legal Protection and the Use of the Results of Scientific Research, Development and Technological Civilian Works Funded by the Federal Budget (Compendium of Normative Acts of the Federal Executive Authorities, 2007, No.10) (2006)
• Decree of the Russian Federation Government of 2 September, 1999, No. 982 on Utilization of the Results in Scientific Technical Activities (2005)
• Resolution of the Government of the Russian Federation, No. 178 dated April 7, 2004 Moscow Issues of the Federal Service for Intellectual Property, Patents and Trademarks (2004)
• Order of Rospatent No.56 of April 22, 2003 on Rules for Filing Objections and Applications and Examination thereof by the Chamber for Patent Disputes (Russian Gazette, May 21, 2003) (2003)
• Order of Rospatent No. 32 of March 5, 2003 on the Rules for Composing, Filing and Examining Trademark and Service-Mark Registration Applications (Compendium of Normative Acts of the Federal Executive Authorities, 2003, No.23) (2003)
• Ordinance of the Russian Federation Government of 30 November 2001 No. 1607-r on Basic Orientations of the National Strategy to utilize Scientific and Technical Activity Results in Economic
• Operation (2001)
• 2.4.6 Resolution of the Government of the Russian Federation No.524 of May 29, 1998 on Minimum Rates of Remuneration for Authors of Cinematographic Works, Production (Filming) of which was Completed before August 3, 1992 (Collection of Laws of the Russian Federation, 1998, No.22, Article 2476) (1998)
• Resolution of the Government of the Russian Federation No.614 of May 17, 1996 on Rates of Remuneration for Performers for Miscellaneous Use of a Performance (Production) (Collection of Laws of the Russian Federation, 1996, No.21, Article 2529) (1996)
• Resolution of the Government of the Russian Federation No. 1224 of November 3, 1994 on the Accession of the Russian Federation to the Berne Convention for the Protection of Literary and Artistic Works, as Revised in 1971, the World Copyright Convention, as Revised in 1971, and Additional Protocols 1 and 2, the 1971 Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Collection of Laws of the Russian Federation, 1994, 3 29, Article 3046) (1994)
• Order of Rospatent No.18 of May 11, 1994 on Approval of Explanation No.1 on the Procedure for Payment of Remuneration to Authors of Inventions Protected by Copyright Certificates, and Industrial Designs Protected by Certificates for Use by Overseas Licensees, as registered with the Russian Ministry of Justice on May 20, 1994, registration no.573 (Compendium of Normative Acts of the Ministries and Agencies of the Russian Federation, 1994, No.9) (1994)
• Resolution of the Council of Ministers of the Government of the Russian Federation No.648 of July 12, 1993 on the Procedure for Use of Inventions and Industrial Designs Protected by Author’s Certificates for Inventions and Certificates for Industrial Designs in Force on the Territory of the Russian Federation, and Payment of Remuneration to their Authors (Collection of Acts of the President and Government of the Russian Federation 1993, No.29, Article 2681) (1993)

IP Legal Literature

• Booklet Patent System in Russia (2010)
• National Strategy of Biodiversity Conservation (1997)

Treaty Membership

WIPO-Administered Treaties (Entry into force of treaty for contracting party)

• Singapore Treaty on the Law of Trademarks (December 18, 2009)
• Patent Law Treaty (August 12, 2009)
• WIPO Copyright Treaty (February 5, 2009)
• WIPO Performances and Phonograms Treaty (February 5, 2009)
• Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (May 26, 2003)
• Trademark Law Treaty (May 11, 1998)
• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (June 10, 1997)
• Berne Convention for the Protection of Literary and Artistic Works (March 13, 1995)
• Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (March 13, 1995)
• Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite (January 20, 1989)
• Nairobi Treaty on the Protection of the Olympic Symbol (April 17, 1986)
• Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (April 22, 1981)
• Patent Cooperation Treaty (March 29, 1978)
• Strasbourg Agreement Concerning the International Patent Classification (October 3, 1976)
• Madrid Agreement Concerning the International Registration of Marks (July 1, 1976)
• Locarno Agreement Establishing an International Classification for Industrial Designs (December 15, 1972)
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (July 26, 1971)
• Convention Establishing the World Intellectual Property Organization (April 26, 1970)
• Paris Convention for the Protection of Industrial Property (July 1, 1965)

IP-related Multilateral Treaties (Entry into force of treaty for contracting party)

• Convention on the Rights of Persons with Disabilities
• United Nations Convention on the Use of Electronic Communications in International Contracts
• Protocol (III) additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem
• United Nations Convention on Jurisdictional Immunities of States and Their Property
• Stockholm Convention on Persistent Organic Pollutants
• WHO Framework Convention on Tobacco Control (September 1, 2008)
• International Plant Protection Convention (October 2, 2005)
• London Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (August 4, 2005)
• Kyoto Protocol to the United Nations Framework Convention on Climate Change (February 16, 2005)
• International Convention for the Protection of New Varieties of Plants (UPOV) (April 24, 1998)
• United Nations Convention on the Law of the Sea (April 11, 1997)
• Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes (October 6, 1996)
• Protocol 1 annexed for Universal Copyright Convention as revised at Paris on 24 July 1971 concerning the application of that Convention to works of Stateless persons and refugees (December 9, 1995)
• Protocol 2 annexed for Universal Copyright Convention as revised at Paris on 24 July 1971 concerning the application of that Convention to works of certain international organizations (December 9, 1995)
• Convention on Biological Diversity (July 4, 1995)
• Protocol to the Agreement on the Importation of Educational, Scientific or Cultural Materials (April 7, 1995)
• United Nations Framework Convention on Climate Change (March 28, 1995)
• Universal Copyright Convention as revised on 24 July 1971, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (March 9, 1995)
• Agreement on the Importation of Educational, Scientific and Cultural Materials (October 7, 1994)
• United Nations Convention on Contracts for the International Sale of Goods (September 1, 1991)
• Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts. (March 29, 1990)
• Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts. (March 29, 1990)
• Convention concerning the Protection of the World Cultural and Natural Heritage (January 12, 1989)
• International Convention on the Harmonization of Frontier Controls of Goods (April 28, 1986)
• International Covenant on Economic, Social and Cultural Rights (January 3, 1976)
• Universal Copyright Convention of 6 September 1952, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (May 27, 1973)
• Convention on Transit Trade of Land-locked States (August 20, 1972)
• Convention for the Protection of Cultural Property in the Event of Armed Conflict (April 4, 1957)
• Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict (April 4, 1957)
• Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. (November 10, 1954)
• Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea. (November 10, 1954)
• Convention (IV) relative to the Protection of Civilian Persons in Time of War. (November 10, 1954)

IP Regional Treaties (Entry into force of treaty for contracting party)

• Agreement on mutual preservation of inter-state secrets in the area of legal protection of Inventions (January 3, 2006)
• Agreement of the Producing of a Regional Informational Patent Publication on CD-ROM (May 22, 2001)
• Commonwealth of Independent States (CIS) - Agreement on Measures for the Prevention and Repression of the Use of False Trademarks and Geographical Indications (of June 4, 1999) (June 4, 1999)
• Agreement on Cooperation in the Repression of Offenses in the Field of Intellectual Property (January 19, 1999)
• Eurasian Patent Convention (EAPO) (September 27, 1995)
• Agreement on Cooperation in the Field of the Protection of Copyright and Neighboring Rights (May 6, 1995)
• Agreement concerning the Measures of Protection of Industrial Property and Establishing the Interstate Council for the Industrial Property (March 12, 1993)

IP-relevant Bilateral Treaties (Entry into force of treaty for contracting party)

• Agreement between the Government of the Republic of Uzbekistan and the Government of the Russian Federation on mutual protection of rights of Intellectual Property used and received in the course of bilateral military-technical cooperation (November 28, 2007)
• Agreement between the Government of the Russian Federation and the Government of the Republic of Uzbekistan on cooperation in the field Industrial Property (July 27, 1995)
• Trade and Economic Cooperation Agreement between Switzerland and the Russian Federation (July 1, 1995)