The Government of the Russian Federation adopted Decree No. 922 on changes in patent fees for the implementation of legally significant actions
The Government of the Russian Federation adopted Decree No. 922 on changes in patent fees charged by Rospatent for the implementation of legally significant actions dated June 17, 2021. This Resolution came into force on June 21, 2021.
According to the said Decree, a single fixed fee is established for the examination of inventions, regardless of the date of filing a respective request for conducting such an examination. The amount of the fixed fee is 12,500 Russian rubles + 9,200 Russian rubles for each independent claim over 1.
Also, according to the said Decree, trademark certificates and patents will be now issued by default in electronic form. However, the possibility of obtaining paper documents remains. For this purpose, a separate request of the applicant/rightholder should be filed and an additional fee in the amount of 2,000 Russian rubles should be paid. This approach, in general, corresponds to the global world trend aimed at the digitalization of document circulation.
The Agreement on trademarks, service marks and appellations of origin of goods of the Eurasian Economic Union entered into force
The Agreement of February 3, 2020, on trademarks, service marks and appellations of origin of goods of the Eurasian Economic Union (Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia) entered into force on April 26, 2021. This document is aimed at the formation of a regional system of trademarks, service marks and appellations of origin of goods of the EAEU and has a number of significant advantages, including the possibility of reducing the time and financial costs of ensuring legal protection.
The main provisions of the Agreement provide for: the possibility of filing one application for a trademark of the EAEU or one application for an appellation of origin of goods of the EAEU to any IP Office of the Union States with the subsequent obtaining of legal protection simultaneously on the territory of all EAEU countries; the possibility of the further prosecution of application in one IP Office; maintaining the Unified Register of EAEU Trademarks and the Unified Register of appellations of origin of goods of the EAEU.
It is important to note that the registration of a Union trademark, service mark and appellation of origin has the force of national registration of the trademark, service mark and appellation of origin in each Member State.
The exclusive right to a trademark of the Union will be valid from the date of its registration until the expiration of 10 years. This period can be extended an unlimited number of times and upon payment of the appropriate fee.
The terms for registration of intellectual property objects will be shortened in Uzbekistan
From April 1, 2021, the current restrictions in the legislation regarding the registration of trademarks and service marks exclusively in the name of legal entities and individuals carrying out entrepreneurial activities will be canceled; the procedure for accelerated examination is being introduced, reducing the terms for state registration of intellectual property objects. At the same time, a preliminary search for an application submitted for the protection of the intellectual property is carried out by agreement of the parties.
In addition, the practice of using outsourcing methods in the process of state examination of applications for intellectual property is being introduced into the activities of the Intellectual Property Agency.
The pharmaceutical register of the Eurasian Patent Office is open on the EAPO web portal
From March 1, 2021, a new information retrieval resource, the EAPO Pharmaceutical Register, has been made available to the public on the EAPO web portal, containing information on Eurasian patents related to pharmacologically active substances that have been assigned international nonproprietary names (INN).
This register will provide up-to-date information on the legal status of such Eurasian patents, including information on their validity on the territory of the EAPC member states, on the extensions of the Eurasian patent validity period carried out by the EAPO in accordance with Rule 16 (5) of the Patent Regulations to the EAPC, on registered licensing agreements, with the possibility of direct access to information on these Eurasian patents in the Register of Eurasian patents and on the Eurasian publication server. The EAPO Pharmaceutical Register will also include information on the registration of medical products in the EAPC member states, if available.
Starting from March 1, 2021, the holders of Eurasian patents and their representatives can apply to the EAPO with a request to include the corresponding Eurasian patents in the EAPO Pharmaceutical Register.
Applications should relate to Eurasian patents, the object of protection of which is pharmacologically active products (chemical compounds, in particular, described by the general structural formula, biotechnological products, compositions, combinations), methods of obtaining, and medical applications of these products.
The information provided by the patent holders about the INN and related Eurasian patents shall be included in the EAPO Pharmaceutical Register after the EAPO has verified such compliance.
Patent fees have been increased in Uzbekistan
From February 1, 2021, the base calculated value in Uzbekistan has been increased from 223000 to 245000 Uzbekistani soms.
Due to the fact that the rates of state fees in Uzbekistan are set in basic values, patent fees charged for actions related to the registration and maintenance/renewal of the validity of intellectual property objects have been increased.
Georgian Patent Office Provides Reduction of Fees for Applicants
As a part of a package of additional measures proposed by the Government of Georgia to support business during the coronavirus (COVID-19) pandemic, on December 3, 2020 the Chairman of Sakpatenti (Georgian Patent Office), Mindia Davitadze, put forward an initiative to introduce a reduction of fees for applicants, by presenting for consideration of the Cabinet of Ministers the draft Resolution of the Government defining the legal procedure for amending fees.
The Resolution provides a 50% reduction in the fees for applicants who choose an electronic form of proceedings, which replaces the earlier provided 20% reduction. This reduction will be valid for 6 months, from December 7, 2020 to June 7, 2021.
The IP Trend Eurasia team will be glad to assist you in trademark filings in Georgia, as well as in the whole Eurasian region.
Eurasian Patent for Industrial Designs
Currently, the EAPO (Eurasian Patent Organization) is actively pursuing a number of measures to create a Eurasian system for legal protection of industrial designs in order to ensure the possibility of filing and examination of applications for granting a Eurasian patent for an industrial design at the Eurasian Patent Office.
On December 8, 2020, there were approved the drafts of Part II “Industrial Designs” of the Patent Regulations under the Eurasian Patent Convention and the Statute on Fees of the Eurasian Patent Organization for legally significant and other actions taken in relation to applications for granting Eurasian patents for industrial designs and to Eurasian patents for industrial designs.
The starting point for the implementation of the Eurasian patent for an industrial design was the adoption of the Protocol to the Eurasian Patent Convention, on the Protection of Industrial Designs during the diplomatic conference in Nur-Sultan, the Republic of Kazakhstan, on September 9, 2019. This Protocol has already been ratified in the following countries-participants of the Eurasian Patent Convention: The Republic of Azerbaijan, the Republic of Armenia, the Kyrgyz Republic, the Republic of Kazakhstan and the Russian Federation.
According to the adopted Protocol on the Protection of Industrial Designs, an industrial design, which can be granted a legal protection, is recognized as a solution to the appearance of an industrial or handicraft product, which is patentable in accordance with the Patent Regulations under the Eurasian Patent Convention. The period of validity of a Eurasian patent for an industrial design is 5 years from the date of filing an application for granting a Eurasian patent for an industrial design and may be extended at the request of the owner of the Eurasian patent for an industrial design in respect of the territory of all Contracting States in which the patent is valid, for 5 years upon one request. However, the total period of validity of a Eurasian patent for an industrial design should not exceed 25 years from the date of filing a Eurasian application for an industrial design.
The creation of a Eurasian system for the legal protection of industrial designs is a new stage in the development of the Eurasian patent system and will contribute to the growth of applicants’ activity in relation to the protection of industrial designs in the Eurasian region.
IP Trend Eurasia Attended INTA-2020
The head of our company, Irina Semchenko, attended the 142nd INTA (International Trademark Association) Annual Meeting, which is the largest and most famous event in the field of intellectual property, which gathers more than ten thousand colleagues from all over the world every year in one of the designated cities.
This year, the conference was held from 16 to 20 November and took an unusual online format. Each participant had the opportunity to visit virtual booths of various companies providing services in the field of intellectual property, to conduct business and friendly online meetings, as well as remotely attend numerous seminars and sessions.
Despite the unusual form of the conference for all the regulars, INTA was long-awaited and productive for all participants. Irina Semchenko was extremely happy to see colleagues, friends and clients again, to obtain fresh knowledge and share the experience gained over the past year.
The IP Trend Eurasia team expresses deep gratitude to the organizers and participants of the conference for the constant special atmosphere of the event.
See you next time at INTA!
The Russian Federation is considering a draft law “On the ratification of the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union”
On July 27, 2020, the Government of the Russian Federation has considered the draft federal law “On the ratification of the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the Eurasian Economic Union”.
Under the Treaty, the applicant submits an application to any of the national patent offices of the EAEU member states. The application must undergo an examination in each department of the Union, which is a condition for granting a legal protection to it throughout the customs territory of the Union. At the same time, official fees for legally significant acts paid by the applicant are lower than when applying to the national registration systems.
The application of the Treaty will reduce the time and financial costs for legal protection of trademarks and appellations of origin of goods, will increase the legal certainty for right holders in the context of the Customs Union and the common economic space of the EAEU member states, and will help to stimulate the activity of applicants.
We will monitor and keep you duly updated about the enactment and implementation of said Treaty.
Increase of annual fees for maintenance of Eurasian patents in Turkmenistan
As reported by the EAPO on July 24, 2020, the procedure for calculating the amount of fees for maintaining Eurasian patents in force on the territory of Turkmenistan and the type of currency in which these fees should be paid has been changed.
The amount of annual fees for maintenance of Eurasian patents in force in Turkmenistan increased by approximately 25% for each year of the validity of the patent.
The procedure also establishes privileges provided to patent owners when paying annual fees for maintaining Eurasian patents in force on the territory of Turkmenistan. Individuals residing in Turkmenistan pay fees in the amount of 10% of the established fees in Turkmen manats. Legal entities located in the territory of Turkmenistan pay the fees established in Turkmen manats in full. Other individuals and legal entities pay the fees established in US dollars.
In accordance with the Statute on Fees of the Eurasian Patent Organization, the payments to the EAPO can be made in Russian rubles, US dollars or euros at the exchange rate of the Central Bank of the Russian Federation established by it on the date of payment.
If you need our assistance in patent annuities payment for EA patents, please feel free to contact us.
Amendments to the Law of Ukraine in the field of intellectual property
On July 21, 2020 the Ukrainian parliament adopted the Law “On amendments to certain legislative acts of Ukraine (concerning the Patent Law Reform)”. The important highlights of the new Law are as follows:
– extension of the list of technology objects to which legal protection does not apply;
– possibility to submit a reasoned objection (by any person) against an application within six months from the publication date of the application for an invention;
– possibility of invalidation of patents to an invention and a utility model under administrative procedure (“post-grant opposition”);
– new procedure for granting supplementary protection of rights to inventions.
In addition, the Ukrainian parliament also adopted the Law “On amendments to certain legislative acts of Ukraine concerning the Strengthening Protection of Trademarks and Industrial Designs and Combating Patent Trolling”.
The Law provides a possibility of electronic filing a trademark application, clarifies the grounds for refusal in registration thereof, grounds for cancellation of a trademark registration as well as the procedure for granting legal protection under international registration procedure (according to the Madrid system). The Law also provides strengthening of sanctions for violation of rights to trademarks.
With regard to industrial designs, it should be noted that the Law provides an additional requirement of protectability being an individual character and introduces legal protection for unregistered industrial designs, as well as possibility of dividing a design application. It should be also noted that the design rights will be protected by a Design Certificate (currently the design rights are protected by the Design Patent) and the period of protection will be not more than 25 years (currently the Design Patent can be valid for 15 years maximum).
An important aspect within the adopted Law is also introducing a possibility for a pre-trial revocation of a design certificate in the Chamber of Appeals, which is aimed at combating “patent trolling”.
IP Trend Eurasia will attend the 2019 World IP Forum in Taipei on November 6-8, 2019
We are pleased to announce that Aleksandra Liubchenko, Senior Patent Agent of IP Trend Eurasia, will participate in the World IP Forum in Taipei, Taiwan.
World Intellectual Property Forum, WIPF, is known as one of the best global IP events. This year the theme for the conference is ‘IP as a Powerhouse for Innovation and Economic Growth’. This three-day conference will focus on recent developments in Intellectual Property and its syncing with business objectives. To read more about WIPF, please follow the link: https://www.worldipforum.com/.
If you wish to arrange a meeting with Aleksandra during the event in order to discuss the IP registration issues in the Eurasian territories, as well as the opportunities for further cooperation, please send us your meeting request at firstname.lastname@example.org. See you in Taipei!
IP Trend Eurasia attended the 2019 AIPPI World Congress in London on September 15-18, 2019
Irina Semchenko, Managing Partner of IP Trend Eurasia, represented our company at the 2019 AIPPI World Congress in London on September 15-18, 2019.
The Congress gathered together more than 2000 IP professionals from all over the world and provided exciting networking opportunities, allowed to exchange the actual news on the IP in various jurisdictions, as well as to meet with current and potential clients, associates and IP friends.
If you have any questions regarding the IP protection in any jurisdictions of the Eurasian region, please feel free to contact us.
IP Trend Eurasia will attend the 2019 AIPPI World Congress in London on September 15-18, 2019
We are pleased to announce that Irina Semchenko, Managing Partner of IP Trend Eurasia, will be attending the AIPPI Annual World Congress in London.
AIPPI, known as The International Association for the Protection of Intellectual Property, is the world’s leading international organization engaged in the development and improvement of laws on the protection of intellectual property. This non-profit organization includes about 9000 members from 125 countries. To read more about AIPPI, please follow the link: https://aippi.org/.
If you wish to arrange a meeting with Irina during the event in order to discuss the IP registration issues in the Eurasian territories, as well as the opportunities for further cooperation, please send us your meeting request at email@example.com. See you in London!
Happy 2nd anniversary to IP Trend Eurasia!
We have now reached TWO years of operation of IP Trend Eurasia!
The company has grown in the number of attorneys, number of clients, number of IP cases we handle. And definitely we are not going to stop! To celebrate our 2nd anniversary we have decided to go creative and to prepare a special menu ourselves during the corporate culinary master-class. We had so much fun and laughs cooking together great dishes and tasting them during the process and afterwards.
Our dear friends, colleagues, clients and associates! We look forward to our next wonderful years of more work and fun together!
Increase of the official fees for registration of inventions, utility models and trademarks in Ukraine.
In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 496 of June 12, 2019, the following changes have been made to the procedure of paying fees for actions related to the protection of intellectual property.
The official fee for registration of an invention will be increased by 2 times, for registration of a utility model – by 3 times, for registration of a trademark – by 4 times.
Additionally, a 20% discount will be provided for filing applications for registration of intellectual property in electronic form.
Also, worth noting is the increase of duration of a patent for an industrial design – from 15 years to 25 years.
The Resolution is effective as of July 19, 2019.
IP Trend Eurasia took part in the INTA Annual Meeting.
The 141st Annual INTA (International Trademark Association) Meeting was held in Boston Convention and Exhibition Center (Massachusetts, USA) during May 18-22. This meeting is the largest and most recognizable event in the field of intellectual property, which was attended this year by more than 11 thousand professionals from all over the world.
For the first time, our company presented an information booth “IP Trend Eurasia” in the exhibition area of the convention center, where we had the opportunity to present our services and hold numerous business and friendly meetings. We were also very pleased to attend various events within the frames of the conference and discuss interesting topics in the field of intellectual property in company of specialists from other countries.
IP Trend Eurasia team thanks all participants of the Meeting for the friendly atmosphere and looks forward to other IP events.
The Trilateral Seminar “Changing IP in Changing Europe” was held in Paris.
On April 4-5, 2019 the French, German and Polish AIPPI Groups held the Trilateral Seminar “Changing IP in Changing Europe” in Paris. The program of the Trilateral Seminar included the round table on Brexit consequences, the trademarks panel related to the Implementation of the Trademark Directive in the three countries, the general session on AI and IP, the patents session specifically discussing the patent claims, as well as the reports on other news from the EU.
Aleksandra Liubchenko and Daria Mikhno were pleased to attend the Trilateral Seminar, where they had an opportunity to meet clients and colleagues as well as to share their experience in IP protection with other participants.
The International Association for the Protection of Intellectual Property, generally known under the abbreviated name AIPPI (www.aippi.org), is the world’s leading international non-profit organization dedicated to the development and improvement of legal regimes for the protection of intellectual property, which currently has over 9000 Members representing more than 100 countries.
Irina Semchenko has been recognized as the best expert in the category “Intellectual Property – Patents” for Ukraine.
Head of our company Irina Semchenko has been recognized as the best expert in the category “Intellectual Property – Patents” for Ukraine and has been awarded “Client Choice 2019” according to the results of the research of the International Law Office.
Established in 2005, Client Choice recognizes those law firms and partners around the world that stand apart for the excellent client care they provide and the quality of their service. The criteria for this recognition focus on an ability to add real value to clients’ business above and beyond the other players in the market. Uniquely, law firms and partners can only be nominated by corporate counsel (https://www.clientchoice.com).
The winners of the Client Choice Awards 2019 were announced and awarded during the celebratory dinner that was held in London on February 7, 2019.
New edition of the WIPO’s Classification Guidelines has been published.
New edition of the WIPO’s Classification Guidelines which relates to the classification of goods and services in international applications has been published. As a rule, such applications are submitted according to the procedure of the Madrid system. The new Guidelines discloses current principles of the examination, which are successfully used by Madrid Registry examiners. Also, the Guidelines contains additional recommendations related to the preparation of the list of goods and services.
The new Guidelines includes three sections. Section 1 discloses an overview of the Madrid System as well as the International Classification of Goods and Services, better known as Nice Classification. Section 2 and 3 disclose the basic principles of classification.
Changes in the cost of the official patent fees in Georgia.
Changes in the cost of the official fees for actions relating to patents’ registration and maintenance for inventions and utility models have been introduced in Georgia. The amendments entered into force on June 12, 2018 in accordance with Resolution №328 of the Government of Georgia.
Mainly these changes relate to the cost of the official fees for maintaining a patent for pharmaceutical solution or plant variety in force for 21-26 years. Before introducing changes, the maintenance of such a patent in force from the 21st year was $100 for one year. Since June 12, the cost will be from $600 to $1100. It depends on the year for which this fee is paid.
As a result of the adoption of the Resolution, the following changes have been also introduced: cancellation of the official fee for claiming priority for a patent for invention or utility model; 20% discount for the electronic filing of applications for registration of all intellectual property objects and for issuing the registration documents in electronic form.
IP Trend Eurasia took part in the 140th INTA Annual Meeting in Seattle.
Irina Semchenko, the Head and Founder of IP Trend Eurasia, took part in the 140th Annual meeting of the International Trademark Association (INTA) in Seattle, USA, from 19 to 23 May, 2018.
This year more than 10 000 professionals in the intellectual property sphere attended this event. The participation in the biggest trademark conference has opened a wide opportunity to attend various educational seminars, round tables, exhibitions, companies receptions and informal meetings, as well as to share professional knowledge and experience with current and potential clients and partners from more than 150 countries.
If you have any questions or need any assistance regarding the IP protection in Ukraine, Russia, Eurasia or any other jurisdictions, please free to contact us.
Ukrainian Institute of Intellectual Property (Ukrpatent) has published the indicators of joint activity with the Ministry of Economic Development and Trade in the first quarter of 2018.
According to the data published on the website of Ukrpatent, the index of activity for filing applications for all industrial property objects in the first quarter of 2018 increased by 14% compared to the previous year.
Foreign applicants make up a significant percentage of filed applications for inventions. According to Ukrpatent, the number of applications filed by the foreign applicants increased by 11.3%. The leaders are applicants from the United States, Germany, Switzerland, Great Britain, the Netherlands, Italy, France, Denmark and China. The most popular areas are “Medications”, “Biotechnology”, “Organic Chemistry”, “Chemical Raw Materials”. In total, 700 decisions to issue patents for inventions have been taken in the first quarter of 2018.
Ukrpatent notes the high activity of national applicants regarding the number of filed applications for utility models in due to which the indicator increased by 13%. In total, 2,243 decisions to issue patents for utility models have been taken in the first quarter of 2018.
The number of trademark applications increased by 11%, which is characterized by the high activity of both national and foreign applicants. Among the submitted applications under the national procedure, the leading positions are taken by applicants from the United States, Cyprus, Switzerland and the United Kingdom. Applicants from China, Germany, France, Italy, Switzerland, Hungary, the United States and the Russian Federation constitute the majority among those applying for the Madrid system trademarks. Priority areas for both national and foreign applicants remain “Pharmaceuticals, health, cosmetics”, “Agricultural products and services”, “Management, communications, real estate and financial transactions.” In total, 4,222 decisions to issue trademark certificates have been taken in the first quarter of 2018.
Having analyzed the data published by Ukrpatent, we are pleased to note the positive trends in the number of applications filed and overall IP activity in Ukraine. If you need professional IP assistance in the patent or trademark registration in Ukraine, please feel free to contact us.
The accelerated procedure of examining applications for the registration of trademarks, inventions and utility models was approved in Russia.
According to Rospatent the accelerated procedure of examining applications for the registration of trademarks, inventions and utility models was approved. Thus, it will shorten the term for making decisions on issuance and registration of trademarks, as well as on granting patents up to 2 months.
For the accelerated registration of trademarks, the applicant can order an accelerated search for trademarks in the Patent Office. Such a search is carried out using the automated system “Trademarks of the Russian Federation” for 45 classes of the ICGS. This search is carried out within 10 calendar days. The fee for conducting such a search is 94,400 rubles.
For the accelerated registration of patents, the applicant can order an accelerated search for inventions and utility models. The search is performed using foreign commercial databases patent information, including Questel Platinum, Derwent Innovation – Clarivate Analytics и LexisNexis Patent Strategies. This search is carried out within 10 calendar days. The fee for conducting such a search is 94,400 rubles.
The company “IP Trend Eurasia” is pleased to provide you with services for registration of trademarks, inventions and utility models in Russia, both in conventional and accelerated procedure. If you want to order this service or ask any questions you are interested in, you can contact us in any convenient way for you. The specialists of our company will be glad to help you!
Changes in Ukrainian legislation will improve the legal protection of geographical indications
On the 13th of March, at the meeting of Verkhovna Rada of Ukraine, the government bill No. 6023 “On Amending certain Legislative Acts of Ukraine regarding the improvement of the Legal Protection of Geographical Indications” have been taken as a basis for future harmonization of current Ukraininan legislation on the protection of rights to geographical indications with the law of the European Union.
The term “geographical indication” is defined as the name of the place identifying the product that originates from a particular geographical location and has a particular quality, reputation or other characteristics due to the place of origin and at least one of its production stages is carried out in a certain geographical area.
The main provisions of mentioned above document concern the conditions for granting legal protection to a geographical indication and reasons for refusal of granting it.
The requirements for the application for registration were also revised, as well as some changes were provided for the examination of such applications.
It`s also noted that the goods for which geographical indication is claimed must comply with the specification of the goods agreed by the specially authorized body.
IP TREND EURASIA will attend the INTA Annual Meeting in Seattle on May 19-23, 2018
We are pleased to announce that Irina Semchenko, Head of Intellectual Property, will be attending the INTA Annual Meeting in Seattle on May 19-23, 2018.
If you wish to arrange a meeting with her during the event to discuss the IP registration issues in the Eurasian territories, our high-quality and cost-effective patent translation services, as well as opportunities and benefits for national and international clients worldwide, please send your meeting proposal to firstname.lastname@example.org.
INTA is a not-for-profit membership association of more than 7,000 trademark owners and professionals, from more than 190 countries, dedicated to the support and advancement of trademarks and related intellectual property in order to protect consumers and to promote fair and effective commerce . For more information about INTA, please follow the link: https://inta.org.
Ratification of the Hague Agreement on Industrial Designs by the Russian Federation
On November 30, 2017 the Russian Federation finally ratified the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs. It will enter into force in the Russian Federation on February 28, 2018 and will enable interested parties to obtain design protection with a single international design application in all countries that are members of the Geneva Act of the Hague Agreement, with the Russian Federation included.