Part3 IPRconference presentations

Association of European Businesses in the Russian FederationAEB LEGAL COMMITTEE Marriott Aurora, Petrovka St. 11/20 May, 30, 2007: 

Association of European Businesses in the Russian Federation AEB LEGAL COMMITTEE Marriott Aurora, Petrovka St. 11/20 May, 30, 2007 Intellectual Property Rights in Russia: Today and Tomorrow Chaired by Eugene Arievich, Partner, Baker & McKenzie - CIS

Intellectual Property Rights in Russia: Today and Tomorrow: 

Intellectual Property Rights in Russia: Today and Tomorrow LUC DEVIGNE Head of the Unit, Intellectual Property, Public Procurement, European Commission, Directorate-General for Trade, Brussels

IPR CONFERENCEMoscow – 30 May 2007: 

IPR CONFERENCE Moscow – 30 May 2007 Russian IPR legislation in the international context Luc Devigne Head of IP Unit Directorate-General for Trade European Commission

Cooperation with Russia: 

Current Framework 1997 Partnership and Co-operation Agreement : Art.54 (1): “(…)the Parties confirm the importance they attach to ensure adequate and effective protection and enforcement of intellectual, industrial and commercial property rights.” Annex 10 : “Russia shall continue to improve the protection of IPR in order to provide, by the end of the fifth year after the entry into force of the Agreement, for a level of protection similar to that existing in the Community, including effective means of enforcing such rights”. Roadmap for a Common Economic Space: “Establish a regulatory dialogue aiming at the gradual improvement of the legislative and enforcement instruments for the protection of intellectual, industrial and commercial property” New framework to come ? Cooperation with Russia

Cooperation with Russia: 

WTO accession A priority for EU – process started 14 years ago Russia to adopt a legislation which comply with TRIPs requirements In general the current legislation on IPR is TRIPs compliant but : Enforcement of IPR high priority Quid of Civil Code Ch IV ? PCA, Russia has committed to adopt to a level of protection similar to the existing in the Community (TRIPS +) Cooperation with Russia

WTO-accession : legislation: 

WTO-accession : legislation Identified legislative shortcomings: Copyright : Russia has to lift its reservation on Art 18 of the Berne Convention by the time of the accession (Russia agreed). Pharma : Russia has to adopt legislation to transpose Article 39.3 TRIPs (data exclusivity).

WTO-accession : legislation: 

WTO-accession : legislation Article 18 Berne convention: (1)This Convention shall apply to all works which, at the moment of its coming into force, have not yet fallen into the public domain in the country of origin through the expiry of the term of protection (2) If, however, through the expiry of the term of protection which was previously granted, a work has fallen into the public domain of the country where protection is claimed, that work shall not be protected anew.

WTO-accession : legislation: 

WTO-accession : legislation Art 18 Berne convention: Article 18 of the Berne Convention relates to “retroactive” protection. The convention applies to all works which have not fallen into public domain in the country of origin. Consequently, Russia would have to grant copyright to foreign works that were never subject to copyright protection before in Russia.

WTO-accession : legislation: 

WTO-accession : legislation Article 39.3 TRIPS contains two obligations: 1. protect data against “unfair commercial use”. 2. protect data against “disclosure”. Russia has committed to transpose Article 39.3 TRIPs by introducing the principle of “non-disclosure” and “non-reliance” but : period of protection 6 years whereas EU 10 years (“similar” required by the PCA).

WTO-accession: 

WTO-accession Civil Code: such a complete re-casting of the existing IP legislation will make it necessary for EU (and presumably for other WTO partners) to undertake a new assessment of the conformity of such new legislation with the WTO TRIPs Agreement. This may result in delaying the WTO accession of Russia.

WTO-accession : enforcement: 

WTO-accession : enforcement Enforcement: Legal framework as such in line with TRIPS but Effective application high priority on the commitments negotiated in the context of accession (vide US-Russia bilateral agreement). PCA : Russia should adopt standards similar to those put in place by EU enforcement directive (2004/48/EC) and Customs Regulation (2003/1383)

WTO-accession : enforcement : 

WTO-accession : enforcement Enforcement (example): Customs : strengthen the authority to take actions ex officio with respect to suspected exports and imports of pirated or counterfeit goods; Customs : eliminate and avoid “unreasonably deterring” security element (Art. 53 TRIPs); close down permanently operations and withdraw licenses of any plant that engages in production of counterfeited and pirated goods; effective enforcement of IPRs in relation to the Internet, and to take actions against the operation of illegal websites (e.g. AllofMP3.Com).

Conclusion: 

Conclusion Clearly progress made in both legislation and enforcement, but : Quid of Civil Code ? Enforcement key issue IPR only one element of RF economic policy : towards a knowledge-based or minerals economy ?

Association of European Businesses in the Russian FederationAEB LEGAL COMMITTEE Marriott Aurora, Petrovka St. 11/20 May, 30, 2007: 

Association of European Businesses in the Russian Federation AEB LEGAL COMMITTEE Marriott Aurora, Petrovka St. 11/20 May, 30, 2007 Intellectual Property Rights in Russia: Today and Tomorrow Chaired by Eugene Arievich, Partner, Baker & McKenzie - CIS

Intellectual Property Rights in Russia: Today and Tomorrow: 

Intellectual Property Rights in Russia: Today and Tomorrow ALEKSEY EVGENIEVICH LIHACHEV Deputy Chairman of State Duma Committee for Economic Policy, Entrepreneurship and Tourism 

Intellectual Property Rights in Russia: Today and Tomorrow: 

Intellectual Property Rights in Russia: Today and Tomorrow ALEXANDER L’VOVICH MAKOVSKIY First Deputy chairman of Investigation centre private law council at President of Russia

Intellectual Property Rights in Russia: Today and Tomorrow: 

Intellectual Property Rights in Russia: Today and Tomorrow Vladislav Valerievich Starzhenetskiy Deputy Head of International Law Department, Supreme Arbitration Court of the Russian Federation

Intellectual Property Rights in Russia: Today and Tomorrow: 

Intellectual Property Rights in Russia: Today and Tomorrow MIKHAIL VASILIEVICH CHEREKAEV Leading advisor, Ministry of Economic Development and Trade of the Russian Federation

Intellectual Property Rights in Russia: Today and Tomorrow: 

Intellectual Property Rights in Russia: Today and Tomorrow NIKOLAY NIKOLAEVICH KARTASHOV Deputy Head of control & supervision of advertisement legislation Department, Federal Antimonopoly Service of the Russian Federation

Association of European Businesses in the Russian FederationAEB LEGAL COMMITTEE Marriott Aurora, Petrovka St. 11/20 May, 30, 2007: 

Association of European Businesses in the Russian Federation AEB LEGAL COMMITTEE Marriott Aurora, Petrovka St. 11/20 May, 30, 2007 Intellectual Property Rights in Russia: Today and Tomorrow Chaired by Eugene Arievich, Partner, Baker & McKenzie - CIS