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New official fees in Ukraine |
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 From May 16, 2008, new Official Fees will enter in force caused by joining of Ukraine to WTO. A united scale of Official Fees (both for domestic and foreign applicants) is introduced and a number of fees is amended in comparison with previous ones. |
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Legislation News |
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May 2008
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In 2007 the Russian Customs service revealed more than 10 million pieces of counterfeit products – three times more than in 2006 |
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According to the information of the Federal Customs Service in 2007 more than 10 million items of counterfeit products have been detected, it exceed three times the figure of 2006.
1,5 thousand cases about administrative violations were opened, major part of them under the stipulations of article “Illegal Use of Trademark” (in 2004 – 154 cases, in 2005 – 350 cases, in 2006 – 1,6 thousand cases). Main goods detained under the cases about illegal use of trademark appeared to be foodstuffs, confectioneries, sport garments and shoes, perfumery, as well as CD and DVD.
Experts maintain that during the last 10 years the level of intellectual property protection in Russia substantially increased.
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May 2008
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Further Improvement of Russian IP Law |
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The Russian copyright law has been amended several times already beginning form 1993. This time, a bill has been introduced in May 2008 to the State Duma aimed at improving protection of intellectual property. In the first place, the amendments are aimed at further bringing the law into conformity with the TRIPS agreement.
In particular, the Bill confimrs allegiance of the Russian Law to the Bern Convention and sets forth that the copyright owners retain the right for remuneration in case of free use of the copyrighted work.
The amendments also rule out the possibility of going unpanished for the persons who provide techniques designed to remove techical means of protection of copyright.
The Bill makes the law conform to TRIPS in that it limits compulsory liensing in respect of semiconductor technologies.
Also, which is even more important, the Bill does not allow the Patent Office to refuse the trademark registration on the basis of an earlier domain name. As is noted in the explanatory note "TRIPS does not attribute the domain name to the protected titles and therefore there are no grounds to cite it against the trademark".
The Civil Code is also being brought in line with the TRIPS Agreement with regard to protection of designations which, though do not include the name of a geographical place, identify nevertheless the object as proceeding from the given territory. According to the Bill the requirements in this case must be the same as for the appellations of origin. |
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May 2008
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“Commersant”, “VGTRK”, “Interfax”, “RIA News” and “Sports.ru” to jointly work out measures for their copyright protection |
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Publishing House “Commersant”, TV Company “VGTRK”, “Sports.ru” publishers, information agencies “Interfax” and “RIA News” signed an agreement about joint elaboration of measures for copyright protection for all kinds of their content, including the text information, photos, audio-video-rolls and pictures. Special attention will be paid to fighting copyright violations in Internet. Parties to the agreement propose to elaborate in 2008-2009 the general principles of using media materials of this field of knowledge in Internet, also legal and technology mechanisms for monitoring violations of corporal norms and regulations of the Russian legislation.
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May 2008
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Mr.Anton Vartanov, musician, won a case against “Megaphone” (Russia) cellular operator unlawfully distributing his melodies |
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Moscow regional court satisfied the case lodged by Mr.Anton Vartanov, leader of “Magnetic Anomaly”, against “Megaphone” which had sold illegally 12 works of the author in the form of a service to Ring Back Tone (”melody in place of waiting zoom”). The court also considered “Incor” as a co-defendant, who provided content background, and “CD land+” which was up to 1st March 2007 the right owner of Mr.Vartanov’s songs reproduction. Although on 1st March 2007 the contract between Mr.Vartanov and “CD land+” was cancelled on mutual agreement of the parties, the company still gave permission for selling musician’s melodies. The court made the three defendants to reimburse the musician Rb.80 thousand (about USD 3,3 thousand) as a compensation. At the same time “CD land +” maintains that there was just a technical mistake.
This is eventually the first occurence in Russia when a right owner wins a case against a cellular operator who violated copyright.
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May 2008
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“Chelsea” football club prohibited Russian vodka producer “Parliament Group” (Russia) to use the club emblem |
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The Chamber of Patent Disputes of the Russian PTO on application of “Chelsea FC” (England) cancelled registration of the trademark copying the “Chelsea” club emblem. In 2005 “Parliament group” registered in Russia two trademarks, comprising the emblem and word “Chelsea” for the class “alcoholic drinks”. Now “Chelsea” football club decided to properly arrange the brand portfolio and took away their emblem from the Russian company, with which there were no formal relations. In turn, “Parliament Group” is going to negotiate possible cooperation with “Chelsea”.
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May 2008
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“Classmates” (Russia) initiated a case for Rb.200 thousand (about USD 8,3 thousand) against “Exmo” (Russia) for copyright violation |
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“Classmates” company, owner of social Network “odnoklassniki.ru” initiated a copyright protection case against publishing house “Exmo” demanding compensation at the rate of RB.200 thousand (about USD 8,3 thousand). Network owners maintain that the cover design of the “Classmates” thriller published by the House reproduces the company style of the social Network, and the book imprint comprises a reference to “odnoklassniki.ru”, so a reader may have an idea that the Network is somehow related to the writing or publishing of the book. Network owners had to apply to court since all attempts to settle the problem with “Exmo” amicably have failed.
Experts are of the opinion that the court decision will depend on the social Network owners ability to prove that the cover design actually misleads a reader.
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May 2008
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“Pernod Ricard” refused to buy out from “SPI Group” the rights for “Stolychnaya” brand |
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French “Pernod Ricard” buys the Swedish state company “Vin&Spirits’, owner of “Absolut” vodka brand. Purchase of the “Absolut” means termination of contract with “SPI Group” for distribution of “Stolychnaya” vodka beyond the Russian borders and termination of negotiations about buying out of the rights for “Stolychnaya” brand from “SPI”.
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April 2008
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Use of pirate soft cost Russian companies USD 2,6 million in 2007 |
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In 2007 police revealed about 600 companies using non-licensed soft, and initiated more than 260 criminal cases (two times more than in 2006), hereupon, the number of verdicts of guilty passed increased by 17 times for 12 months – up to 85. Russian pirates had to pay about USD 2,6 million to the right owners whose interests are represented by Business Software Alliance (Russia). At the same time, according to expert estimations, the amount of damage inflicted by the Russian pirates on the American right owners of the business soft exceeds USD 1 billion.
Experts maintain that fighting with computer piracy was intensified in connection with the demands of Russia partners in WTO negotiations.
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April 2008
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“Kalina” (Russia) protected its trademark “Black pearl” |
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The court prohibited “Samara Confectioner” (Russia) to manufacture sweets “Black pearl” and charged them Rb.100 thousand (about USD 4 thousand), since the rights for said trademark starting from 2004 belong to “Kalina“.
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April 2008
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A consignment of “Sochi-2014” vodka turned back |
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The prosecutor office and police of Krasnodar region turned back to manufacturer a consignment of vodka bearing the name “Sochi-2014” and produced without prior permission of the Olympic Committee. The manufacturer will have to find use for it.
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