«Overview of Key Measures Taken in Russia in the Second Quarter for the Protection of Rights of Intellectual Property Owners» was submitted to the American party in addition to the mentioned Report in the late June, 2004.
In July of 2004, Russian Minister of Economic Development and Trade German Gref sent a letter on this issue and the Plan of Priority Measures to Counter Violations of Intellectual Property Rights in the Russian Federation, to the U.S. Trade Representative Robert Zoellick. The above-mentioned document was approved at the meeting of the Government Commission for Counteracting Intellectual Property Infringements, held on June 25, 2004. The Plan took into account the USA proposals submitted in April/May.
In October 2004 at the meeting of Russia-USA Working Group on Intellectual Property Russia submitted «Overview of Key Measures Taken in the Third Quarter of 2004 to Implement the Plan of Priority Measures to Counter Violations of Intellectual Property Rights in the Russian Federation», a number of legal acts, as well as informational and analytical materials translated in English. (Plan of Priority Measures, paragraph 16).
The fulfilled paragraphs of «The Plan of Priority Measures to Counter Violations of Intellectual Property Rights in the Russian Federation» are marked out in bold in the given Overview of Key Measures Taken in the Fourth Quarter of 2004.
The above mentioned documents reflect the current situation, the changes, and the trends, characterizing the enhancement of the level of intellectual property rights protection in the Russian Federation, including American right holders.
I. Activities of the Government of the Russian Federation in the Field of Intellectual Property Rights Protection
The active work of the Government Commission for Counteracting Intellectual Property Infringements has continued chaired by M. Fradkov, Chairman of the Russian Federation Government. A. Fursenko, Minister of Education and Science of the Russian Federation is Deputy Chairman of the Commission. Chief coordinating agency of the Commission activities is Ministry of Education and Science of the Russian Federation.
In the fourth quarter of 2004 the operations of Russian departments and other governmental bodies aimed at enhancing intellectual property rights protection level were based on «The Work Plan of Government Commission for Counteracting Intellectual Property Infringements» and «Plan of Priority Measures to Counter Violations of Intellectual Property Rights in the Russian Federation».
Regular meeting of the Commission with a new composition took place on October 15, 2004. At the meeting, the Commission discussed a complex set of matters titled «On the Improvement of Legislation of the Russian Federation in the Field of Legal Regulation of IP Turnover» (A. Fursenko). As a result of the meeting M.Fradkov charged federal bodies of executive authorities with further developments of Russian legislation in the IP field, including the matters of rights on results of research and scientific, experimental, and engineering works.
In October 2004 «Plan of Priority Measures to Counter Violations of Intellectual Property Rights in the Russian Federation», prepared by the Russian Ministry of Interior, was approved.
The third meeting of the Commission took place on December 15, 2004. The following set of questions was considered at the meeting: 1) on development of the collective control system of property rights of copyright and other right holders in the Russian Federation (A.Sokolov, Minister of Culture and Mass Communications); 2) on the implementation of the Program of explanatory work with population in the field of the rights protection of IP right holders (M.Seslavinsky ? Head of Federal Agency of Press and Mass Communications); 3) on the results of priority measures fulfillment aimed at exercising control on the consumer markets, stopping violations in the IP sphere and terminating the activities of clandestine and illegal producers, including those on restricted access factories and others specially protected enterprises. (S.Veryovkin-Rakhalsky, Deputy Minister of Interior); 4) on the list of questions planned to be discussed on the meetings of the Government Commission for Counteracting Intellectual Property Infringements in the first half of 2005 (A. Fursenko, Minister of Education and Science of the Russian Federation).
The meeting summed up the Commission?s activities in 2004. 2004 Plan of Priority Measures, as well as the 2004 general plan of Commission?s work, was fulfilled as a whole. Next meeting of the Commission is scheduled for March 2005. (Plan of Priority Measures, paragraph 15).
Between the meetings of the Commission interagency meetings are conducted, including those in Rospatent Agency, at which interested bodies of state authorities are participated to efficiently discuss most urgent questions.
The Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) has continued complex efforts to develop the IPR protection system. This body, subordinated to the Russian Education and Science Ministry, monitors and supervises the legal protection and use of proprietary articles, patents and trademarks involved in economic and civil law relations.
The Ministry of Economic Development and Trade of the Russian Federation within the scope of its responsibilities conducts systematic activities aimed at enhancing IP rights protection level in Russia. The Ministry participates in the development of draft laws, resolutions and orders of the Russian Government and also measures, taken to improve law enforcement practice.
II. Development of Legislation and Normative Legal Acts
Law No. 72-FZ of July 20, 2004 «On Introducing Amendments in the Russian Federation Law «On Copyright and Related Rights» entered into force on July 26, 2004. (Plan of Priority Measures, paragraph 1).
The abovementioned Federal Law provides the national treatment regime to the protection of copyright and related rights, increases the term of protection of copyright up to 70 years, ensures the legal protection of works, performance and phonograms when used in the Internet (being in force since 01.09.2006), embodies a provision allowing right holders to use technical protection means preventing the illegal use of copyright and related rights, applies, under civil proceedings, confiscation regulations not only to the counterfeit products but also to the equipment and materials used for their production.
Federal Law No. 98?FZ «On Commercial Secrets» of July 29, 2004 entered into force on August 15, 2004 (Plan of Priority Measures, paragraph 2).
With the exception of the cases indicated in the exhaustive list of data, that cannot constitute commercial secrets, the right holder shall himself determine the status of the information to be supplied and has the right to insist that the State authorities should observe its confidentiality. For the disclosure of confidential information legislation provides disciplinary, administrative, criminal and civil liability.
Federal Law No. 122?FZ of August 22, 2004 «On Introducing Amendments in General Guidelines for the Organization of Legislative (Representative) and Executive Public Authorities of the Russian Federation Subjects and Local Self-Governments» entered into force on January 1, 2005.
The abovementioned Federal Law provides in particular the amendments in Federal Law No. 86?FZ of June 22, 1998 «On Medicines», introduces a definition of the concept of «falsified medicines» and amends the licensing procedure.
In December 2004 draft amendments to the Criminal Code of the Russian Federation (Article 151) have been submitted for consideration to the Russian Government providing for the investigation of offences, committed in the area of copyright and related rights, not only by the prosecutor's office but also by the investigators from the Ministry of Interior of the Russian Federation (alternative carrying out of investigation). The above amendments will allow to speed up investigations of such offences and to make the prevention of the offences in the area of copyright and related rights more effective. (Plan of Priority Measures, paragraph 3).
The draft Federal Law «On Making Amendments to the Code on Administrative Offences of the Russian Federation (CoAO)» is being prepared for consideration in the second reading in the RF State Duma of the Russian Federation (Plan of Priority Measures, paragraph 4).
In December 2004 adraft Resolution of the Government of the Russian Federation «On Making Amendments and Supplements in the Sales Rules for Some Types of Goods» has been prepared by the Ministry of Economic Development and Trade of the Russian Federation. The draft Resolution provides for the prohibition of the distribution of the software and databases through the street vending and kiosks. Thus it is supposed to reduce illegal sales of counterfeit products. (Plan of Priority Measures, paragraph 5).
A draft Resolution of the Government of the Russian Federation «On the Establishment of Licensing of Import of Polycarbonates for Manufacturing of Optical Media in The Russian Federation», worked out by the Ministry of Economic Development and Trade of the Russian Federation, was submitted to the Russian Government for consideration in the late September 2004 (Plan of Priority Measures, paragraph 6).
In December 2004 the Federal Service for Enforcement of the Mass Media Legislation and Protection of Cultural Heritage (Rosokhrankultura) has prepared the draft Resolution of the Government of the Russian Federation aimed at amending and supplementing the Regulations «On Licensing Reproduction (Copying) Activities of Audiovisual Works and Phonograms on Any Kind of Media» No. 421 of July 12, 2003. (Plan of Priority Measures, paragraph 7).
Presently the draft Resolution is passing through the approval stage with interested federal bodies of executive authorities and further it will be submitted to the Government of the Russian Federation in accordance with the established order.
The above mentioned changes and supplements are directed to tighten the licensing requirements for the producers of audio-visual products and to strengthen governmental control over their observation, without complicating license obtainment procedure. In particular, it is supposed to extend the powers of licensing authority conducting inspections of licensee and to supplement the information indicated on a media with the data on the territorial borders of the product distribution.
On the December 16, 2004 the Ministry of Health and Social Development of the Russian Federation issued Order No. 316 «About the Protection of IP Objects». As a result, Federal Service for Supervision in the Sphere of Public Health and Social Development is assigned the responsibility connected with the determination of the officials, accountable for the operation with the information, which has true or potential commercial value, and in relation to which the owner of such information has introduced a condition of a commercial secret.
The given Order is aimed at accomplishing the standards of the international agreements in the field of IP objects protection and at preventing from disclosure and unscrupulous commercial usage within 6 years by the third persons of the data obtained in the course of pre-clinical and clinical studies, and pharmaceuticals presented during state registration.
The interested federal bodies of the executive authority of the Russian Federation permanently perform the activities aimed at improving national legislation in the sphere of IP.
The Ministry of Education and Science of the Russian Federation, with Rospatent participating, is developing a number of normative legal acts about the rights on the results of scientific, research, experimental and engineering works, the creation of registration system of scientific results and control over their usage, as well as the order of exercising rights on the results of above mentioned works, funded from the federal budget.
The Ministry of Culture and Mass Media of The Russian Federation performs the activities aimed at enhancing the legislation and the system of collective control over proprietary rights of the copyright and other right holders. The basic purpose of the given work is strengthening the protection of rights of intellectual property right holders.
In the reported period the Rospatent Agency also participated in the planned work on developing legislation in the field of copyright and related rights and commercial secrets.
In the fall of 2004 pursuant to the assignment of B.Gryzlov, Chairman of State Duma of the Russian Federation and according to the resolution of the Committee of State Duma on Economic Policies, Business and Tourism, Expert Council on Legal Regulation and IP Protection was established in order to coordinate activities on creating the civilized market of IP objects.
The basic task of the Expert Council is to consolidate the efforts of representatives of Federal Assembly of The Russian Federation, other involved State authorities, representatives of entrepreneurs` unions and public associations in order to improve the legislation in the field of copyright and related rights, and to develop effective measures for IP protection.
In November, 2004, initiated by the Ministry of Interior of Russia, the Parliamentary hearings on the topic «Civil-law and Criminal-law Mechanisms of Consumer Market Protection from the Counterfeit and Falsified Products» were held in State Duma of the Russian Federation under the guidance of its Committees on Civil, Criminal, Arbitral and Procedural Legislation and on Health Protection.
III. Law Enforcement Activity
Administrative Measures
In 2004 as a part of the «Counterfeit?2004» operation local offices of the State Trade Inspectorate of the Ministry of Economic Development and Trade of the Russian Federation* continued the control of activities aimed at the protection of intellectual property rights and suppression of manufacturing and distribution of the counterfeit audiovisual products on consumer market.
The State Trade Inspectorate of the Ministry of Economic Development and Trade of the Russian Federation conducted 15,000 inspections, including 10 thousand inspections in which directly participated representatives of the bodies of the Ministry of Interior of the Russian Federation. 2,4 millions units of audio-visual products were inspected (more then 1,7 millions units in 2003) with 1,0 million units to the amount of 200 million rubles were seized (about 0,7 millions units, to the amount of 60 million rubles in 2003). Upon the facts of revealed violations the fines to the total amount of 35 million rubles (2,7 million rubles in 2003) were ordered to be paid in pursuance to 17,000 court orders issued in accordance with administrative procedure. About 600 materials were presented to the investigation bodies in order to start criminal proceedings.
As a whole in 2004 during special inspections conducted by the State Trade Inspectorate together with the Russian Ministry of Interior were confiscated the falsified and counterfeit products to the amount of 428.6 million rubles, including food articles ? to the amount of 92.5 million rubles, and non-food products - to the amount of 336.1 million rubles. About 30 thousand court orders arose from the results of the inspections suspending the distribution of the counterfeit goods.
The cooperation between the Russian Ministry of Interior and the State Trade Inspectorate is provided for in joint Order No. 132/261 of April 19, 2003 of the Ministry of Economic Development and Trade of the Russian Federation and the Ministry of Interior of The Russian Federation regarding the mechanisms of cooperation of the territorial directorates and units of the two Ministries in the sphere of terminating production and distribution of falsified and counterfeit products. (Plan of Priority Measures, paragraph 12).
In the course of the implementation of the Resolution of the Government of the Russian Federation No. 421 of July 12, 2003 «On Making Amendments and Supplements to the Rules of the Sale of Some Goods», the volume of the counterfeit products on the consumer market was reduced, and on the whole the trade of audiovisual products and phonograms was rationalized. (Plan of Priority Measures, paragraph 14).
The Federal Service for Supervision of Protection of Consumers? Rights and Human Welfare (Rospotrebnadzor) together with the Ministry of Interior of Russia continues to develop measures to counter the distribution of counterfeit medicines, alcoholic beverages and other consumer and manufacture goods. Other concerned agencies take part in these activities as well.
Apart from the control measures a particular attention is paid to the preventive work aimed at the suppression of violations in the field of intellectual property. Through the existing phone hotlines the Rospotrebnadzor bodies provide information and explanations to the customers on the issues connected with the purchase of audiovisual products (Plan of Priority Measures, paragraph 19).
The Federal Antimonopoly Service (FAS), within its competence, also conducts activities aimed at the IPR protection in Russia by suppressing unfair competition. In 2004 FAS territorial bodies together with the Ministry of Interior of Russia and the State Trade Inspectorate took part in 611 inspections which resulted in filing 186 suits based (80 in 2003) on the facts of violation of Article 10 of the RSFSR Law «On Competition and Restriction of Monopolistic Activity on Commodity Markets» No. 948?1 of March 23, 1991, and issuing 57 orders to stop violations of the antimonopoly legislation (34 in 2003).
Under the guidance of the Federal Press and Mass Media Agency, the traces laboratory of optical information media (CDs and DVDs) was established. In particular, the classification of a set of reference samples from every replicate installation was accomplished, as well as the testing of equipment for authentication of CDs and DVDs and the updating of respective software (Plan of Priority Measures, paragraph 18).
The Ministry of Agriculture of Russia and the Ministry of Healthcare and Social Development of Russia, within their competence, were rendering assistance to law-enforcement agencies in the course of activities aimed at suppressing the production of counterfeit food and flavors products, and medicines.
Border Measures
In accordance with the Customs Code of the Russian Federation, the Federal Customs Service (FCS of Russia)* performs constant activities aimed at the protection of intellectual property rights during the customs checks of goods moved through the customs frontier of the Russian Federation. (Plan of Priority Measures, paragraph 11).
In 2004 the FCS of Russia continued to compile the customs register of proprietary articles (hereinafter-customs register). As of January 1, 2005, 404 trademarks were included into the customs register, of which 91 belong to USA companies (Procter&Gamble Company, Gillette Company, Nike Company, Kimberly-Clark Worldwide, Inc., Energo Lux Inc.). Basic nomenclature of goods for which above-mentioned trademarks were registered includes alcohol, cosmetics, confectionery and medicines. More than 50% of trade marks belong to foreign producers. At present, applications from property right holders in respect of about 200 trademarks have been submitted to the FCS of Russia for consideration.
In 2004, the customs authorities have revealed more than 169 cases of movement through the customs frontier of the Russian Federation of goods containing proprietary articles and having the counterfeit signs. This led to filing suits against administrative violations, in respect of illegal use of trade marks and violations of copyright and related rights. The confiscated counterfeit products have been destroyed.
The main products seized by the customs authorities with regard to offences of trademarks (under article 14.10 of the Code on Administrative Offences) were the alcohol and food products, sport clothes and footwear. In most cases the goods involved in cases dealing with violations of copyright and related rights (under article 7.12 of Part 1 of the Code on Administrative Offences) were videocassettes, CDs and DVDs.
In order to prevent the manufacturing of counterfeit products, in November 2004 FCS of Russia gathered and submitted to the Ministry of Interior of the Russian Federation the information about the import supplies of raw materials (polycarbonates) and equipment for optical disks production made by entities to the Russian territory.
FCS of Russia prepared and submitted to customs bodies the risks profiles for the goods used as cover (goods, in the guise of which audiovisual products can be transported), and the lists of states known as the basic producers of counterfeit products. Also according to body regulations, adopted in 2004 by FCS of Russia, measures are taken to strengthen supervision over optical media export.
With the training purposes of customs officials in the field of legal protection of intellectual property, FCS of Russia conducted the regional seminars with participation of right holders held in August - November 2004 in St.-Petersburg, Anapa, and Vladivostok. (Plan of Priority Measures, paragraph 9).
The important activities also included informing of right holders, participants of foreign trade activity and other concerned parties about the measures taken by customs authorities regarding the protection of intellectual property rights. In mass media, including official publications of FCS of Russia, the data from the customs register, information about the protection of intellectual property rights by customs bodies of The Russian Federation are regularly published.
The information column about the protection of intellectual property rights on the Internet - site of FCS of Russia has been created and permanently renewed. The information presented there includes the list of intellectual property objects, included in the customs register, rules of entering the customs register, information about revealed cases of detention etc.) (Plan of Priority Measures, paragraph 19).
On October 8, 2004 the meeting of Council of the principals of customs services of the state-participants of the Eurasian Economic Association was held, on which the decision was taken to create the unified database on the activities of customs services of the above mentioned states related to the protection of intellectual property rights. The given database will contain the information about the legal acts regulating the order of inclusion of IP objects in the customs registers, established measures of responsibilities for violation of the IP legislation, analysis of law enforcement practice of customs bodies, as well as the information about divisions, accountable for the given activities. The mentioned information is placed on the Internet-portal of FCS of Russia.
Criminal Law Measures
In the fourth quarter of 2004 have actively been continued the operations including special inspections and control measures conducted by the Ministry of Interior of the Russian Federation and bodies supervising Russian consumer market, aimed at preventing the sales of falsified medicines, consumer and industrial goods, audiovisual products by street vendors and through kiosks, as well as special raids on enterprises-producers of audiovisual products, located on the territory of restricted access facilities (Plan of Priority Measures, paragraph 12).
According to preliminary data, in 2004 comprehensive actions that were undertaken jointly with the federal executive authorities led to elimination of illegal activities of 325 business enterprises (500 enterprises ? in 2003), including seven CD production shops. Criminal proceedings were instituted in all cases related to mentioned business enterprises, which are put on a special control in the Ministry of Interior of the Russian Federation and in the General Prosecutor?s Office.
6,500 criminal proceedings (3,500 in 2003) were instituted and counterfeit products and material valuables to the amount of 1.9 billion rubles were seized (920 million rubles in 2003). 30, 000 persons were brought to administrative liability (20,500 persons in 2003).
Under Article 146 of the Criminal Code of the Russian Federation (copyright and related rights infringements) 1917 criminal cases were initiated in 2004 (54.7% increase compared to 2003), 1459 cases were sent into court (103,2% increase), 989 persons were brought to a criminal liability (93,2% increase).
Since March 2004, 24?hour unlimited access has been allowed to the territory of restricted access facilities by officers of Russian Ministry of Interior and the State Trade Inspectorate of the Ministry of Economic Development and Trade of the Russian Federation in order to take control measures and conduct special operations at the enterprises producing optical media (Plan of Priority Measures, paragraph 13).
Among the abovementioned actions the following special measures undertaken during the fourth quarter of 2004 could be noted. On the basis of the facts mentioned below proceedings were instituted, which are now under investigation.
In the Moscow region (the town of Pushkino), was stopped the performance of a clandestine factory producing counterfeit digital media in the DVD format and releasing up to 2 million units per month. 25 thousand DVDs were confiscated including those with pornographic content, 3 production lines to the amount of 10.5 million US dollars are eliminated.
In Moscow the illegal activity of the group of persons was stopped which had organized a clandestine warehouse from which the counterfeit products were distributed in the entities of the Russian Federation. 1,100 thousand CDs containing software and information databases, were revealed and confiscated
In the town of Zelenograd and town of Korolyov of the Moscow region on the territory of restricted access facilities was eliminated the illegal activity of licensed factories engaged in production and distribution of counterfeit goods. 100 thousand counterfeit disks were revealed.
To detect and suppress the distribution of falsified medicines in 2004 the bodies of the Ministry of Interior inspected 3800 enterprises engaged in manufacturing and distribution of pharmaceuticals and medical preparations. Upon the facts of production and distribution of falsified medicines 127 criminal cases were initiated, 1200 persons were brought to an administrative liability.
The analysis of the situation in the sphere of intellectual property objects turnover testifies, that as a result of the measures, taken in 2004, according to statistics, provided by the Ministry of the Interior, counterfeit production has shown a decreasing trend, for audio and video products ? on 15-20%, industrial and food articles - on 10-15 %.
The Ministry of Interior prepared methodical recommendations titled «Protection of the Rights of Identification Means (Trade Marks)», and together with the General Prosecutor's Office of the Russian Federation developed unified «Tactics and Methodic of Documentation Provision and Investigation of Criminal Proceedings Concerning Violations of the Copyright and Related Rights», as well as a scientific methodological manual «Methodology of Investigation into Offences Covered by Article 146 of the Criminal Code of the Russian Federation».
In the fourth quarter of 2004 the interdepartmental conferences were held, as were the seminars on offences in the sphere of intellectual property organized for the professional training of employees of the Ministry of Interior.
Judicial Procedures
In 2004 the court data were further generalized in relation to the cases on IP rights violation. In order to train judges acquiring necessary skills in considering cases about IPR infringement, a number of training seminars was organized.
In the first half-year of 2004 the courts of general jurisdiction heard at amount of 7000 thousand cases about violations of IPR (4838 - in 2003), including 6009 cases in administrative offences (3974 - in 2003), and 761 civil cases (in 2003 - 618).
In 2004 arbitration courts heard 751 cases related to the violations in the IP sphere in the field of civil law (in 2003 there were 466 cases). 397 claims were sustained (in 2003 ? 199). Imposed fines totaled 71,605 millions rubles.
Recently within the RussianAcademy of Justice the Laboratory of Theoretical and Practical Problems of Judicial Protection of Intellectual Property has been established. Among its tasks - the development of training courses on intellectual property, as well as teaching and methodical manuals for the judges considering administrative offences, criminal and civil cases in the sphere of intellectual property protection and computer-related crimes. The development of the teaching and methodical manuals will allow the judges to receive the qualified information about practical consideration of the given case category. (Plan of Priority Measures, paragraph 10).
IV. Public Awareness, Media Campaigns, and Professional Training
The Government of the Russian Federation attaches great importance to the development in Russian society of negative attitude to piracy. A considerable role in this process is assigned to the active use of the mass media potential. A great attention is paid to the explanatory work with population, crime prevention measures, as well as to the increase of legal consciousness of the citizens.
In October-December of 2004 the Russian mass media continued to extensively cover activities relating to the destruction of lots of pirate products seized by customs bodies, as well as special operations conducted by the officers of the Ministry of Interior at plants producing optical media, as well as other issues connected with the intellectual property rights protection. (Plan of Priority Measures, paragraph 20).
The Program on Educating Population on the Intellectual Property Protection and Combating Piracy was developed by Rospechat Agency in late 2004. It is mainly aimed at provoking a strong public resonance in the society. The Program provides for conducting a massive anti-piracy advertising campaign in electronic media and periodical press, by means of outdoor advertising, as well as PR-campaign. Currently the preliminary phase of the Program has been completed. The start-up of PR-campaign is scheduled for the beginning of 2005 on TV and in radio broadcasts. (Plan of Priority Measures, paragraph 20).
In the fall of 2004 the Advisory Council on Intellectual Property Matters was established with participation of right holders on the basis of the Federal Service for Intellectual Property, Patents and Trademarks of Russia together with the Ministry of Culture of Russia. Within the frames of the Councils on a permanent basis are discussed the key problems related to intellectual property protection. The Advisory Council is a public organization. The chairman of the Council is B.Simonov, Head of Rospatent Agency.
According to its Statute, its basic activities will include the search of efficient ways of IP rights protection, the development of recommendations on improving the IP legislation, and the contribution to the creation of innovation-favorable climate. (Plan of Priority Measures, paragraph 8).
The first meeting of the Council took place on October 15, 2004. The meeting approved the Statute of Advisory Council established on the basis of Rospatent Agency, as well as the Declaration of the Purposes of Advisory Council on IP Matters.
The regular meeting of the Council took place on December 22, 2004 and was devoted to the question regarding the rights of Russian Federation on trade marks. The meeting of the Council which took place on December 29, 2004 considered the issue «On the Development of Indicators System Reflecting the Efficiency of Functioning of the Mechanism of Counteracting Manufacture and Distribution of Counterfeit Products».
The Rospatent agency Internet-site provides an open free-of-charge access to database of all Russian inventions, trade marks, products` places of origin, well-known trade marks in Russia, useful models, industrial samples with the information about their legal status.
The public authorities cooperate on a constant basis with Russian and foreign right holders associations, including IFPI, RAPO, Disk - Alliance, Rus-Brand etc.
In the fourth quarter scientific and practical conferences devoted to IP rights protection were held.
In particular, in November 11-12, 2004 inMoscow was held the conference «Sound Around», organized by Rospatent Agency together with TACIS. On the conference was considered the experience of the European Union states, related to combating counterfeit products and piracy, as well as the problems of legislation harmonization in the sphere of intellectual property.
In 2004 Rospatent Agency and Constant Representation of the U.S. Department of Justice at the Embassy of the United States in Moscow organized the series of conferences on the topic «IP Protection. The Legislation and Its Application in Combating Piracy», for employees of customs services, the Ministry of Interior of Russia, courts and prosecutor's offices of the Urals, Southern, Far East and Central federal districts. The conferences were held accordingly in April in Ekaterinburg, in May - in Sochi, in September ? in Khabarovsk and in November - in Moscow.
In 2004 Rospatent also developed and submitted to the Russian Ministry of Education and Science a specialized training program for judges, employees of the bodies of interior and Prosecutor?s Office. The training program takes into consideration the features of their work. A main attention thereof is paid to the particularities of law enforcement in IP sphere.
The personnel training and professional development of customs and law-enforcement bodies, trade inspection, engaged in the rights protection of intellectual property right holders was further continued. The training programs are sponsored by UN Development Program, TACIS, the U.S. Embassy in The Russian Federation, and also American Chamber of Commerce in Russia (Plan of Priority Measures, paragraph 9).
V. Issues of Protection of Intellectual Property Rights Discussed in the Course of Bilateral and Multilateral Negotiations
The problem of protecting the intellectual property of American right holders remains one of the key topics of the Russia-USA relations. This issue was discussed by Presidents V.Putin and G.Bush during the Sea Island meeting which took place within the framework of G?8 summit, and it was included into the «Presidential Reference List of Tasks» on the outcomes of the above -mentioned meeting. In October-December, 2004, the discussion of these issues by the representatives of the two countries occurred practically weekly.
In the fourth quarter of 2004 were held the meetings between the representatives of the U.S. Embassy with the principals of the key ministries and departments (Ministry of Interior of Russia, Ministry of Foreign Affaires of Russia, Office of Public Prosecutor, Rospatent Agency, Ministry of Economic Development and Trade of the Russian Federation and others). During those meetings the problems of law enforcement practice improvement in IP spheres, as well as cooperation aimed at resolving certain problems of bilateral relations were considered.
On December 9, 2004 the meeting of the Minister G.Gref and U.S.Ambassador in Russia A.Vershbow was held. In particular, the actual problems of bilateral relations in the IP sphere were debated on the meeting.
In June 2004 the document (non-paper) on TRIPS regime in Russia, considered on the 24th meeting of the Working Party (WP) in July, was submitted to the WTO Secretariat. The TRIPS problems were discussed within the framework of the consideration of the draft report of the Working Party conducted in Geneva on December 16?18, 2004, at the 25th WP meeting on the accession of Russia to WTO.
The problems of intellectual property have been systematically addressed during bilateral negotiations of the Russian party with foreign representatives and international organizations, including WIPO. The issues relating to the cooperation between the parties in different IP fields, as well as to the cooperation aimed at resolving specific problems in the bilateral relations, are considered during these meetings.
VI. Joint Russian-American Actions Aimed at Developing the Protection of Intellectual Property Rights in Russia
On October 25-27, 2004 the meeting of the Russia?USA Intellectual Property Working Group (WG) was conducted in Washington, D.C. Russian Co-chair of WG is B.Simonov, Head of Rospatent Agency, U.S. Co-chair is C.Novelli, Assistant U.S. Trade Representative. (Plan of Priority Measures, paragraph 16).
During that visit members of the Russian delegation also held the meetings with W. Lash III, U.S. Assistant Secretary of Commerce, representatives of the American right holders associations and business communities, experts of U.S. customs services and patent offices, in U.S. Congress, and with American and Russian mass-media.
The Russian delegation informed the American party about the last changes in IP legislation, and also about the developments of law enforcement practices and activities of the law-enforcement bodies in Russian on suppression of violations in IP sphere.
The American party on the whole positively estimated last changes in the Russian IP legislation, and also operations of the RussianState bodies, first of all the Ministry of Interior, combating the piracy on a constant basis. At the same time it was emphasized that there is need in urgent solution of some problems in the IP sphere, first of all those concerned with the increase in law enforcement efficiency.
In the course of bilateral negotiations with American colleagues the problems were repeatedly considered concerning a possible decrease of license costs of works and objects of related rights, the transfer of the USA productions of goods on optical media to the Russian territory for domestic distribution, training and professional development of Russian personnel.
The experts of both countries agreed to intensify and coordinate their efforts, paying special attention to the parties? approval of joint measures in the mentioned sphere, including information exchange between competent bodies, as well as to training program development for Russian employees of law enforcement agencies, customs services, prosecutor's office, courts, and conducting joint studies in the IP field etc.
It was agreed to conduct the next round of negotiations within the framework of the Russia-USA IP Working Group meeting in February 2005 inMoscow. (Plan of Priority Measures, paragraph 17).
January 2005
Ministry of Economic Development and Trade of the Russian Federation
* Starting from July 2004, the State Trade Inspectorate is a subordinate of the Federal Service for Supervision of Protection of Consumers? Rights and Human Welfare in the Russian Federation (Rospotrebnadzor) under the aegis of the Ministry of Health Care and Social Development of the Russian Federation.
* The Federal Customs Service is the legal successor of the State Customs Committee in respect of performing control and oversight functions in the field of application of customs legislation norms. The adoption of normative legal acts in the field of customs regulations is the responsibility of the Ministry of Economic Development and Trade of the Russian Federation.
