Crimea: Acknowledgement of exclusive rights in the territory of Russian Federation
The deadline for filing of application for acknowledgement of exclusive rights for inventions, utility models, designs, trademarks, service marks, titles of goods origin, certified by official documents of Ukraine being in force at the date of entering in Russian Federation of Republic of Crimea and formation in the Russian Federation of new subjects, and applications for state registration of results of intellectual activity or means of individualization of identical to inventions, utility models, designs or identical trademarks, service marks, titles of goods origin under an application filed to the State authorities of Ukraine, for which at the date of entering in Russian Federation of Republic of Crimea and formation in the Russian Federation of new subjects the protective documents of Ukraine were not issued is extended until 1 July 2016.
The Federal Service for Intellectual Property (hereinafter - Rospatent) informs that on the basis of Section 13(1) of the Federal Law of December 18, 2006 № 231-FZ "Coming in force of Part IV of the Civil Code of Russian Federation" in the Russian Federation is acknowledged action of exclusive rights for inventions, utility models, designs, trademarks, service marks, titles of goods origin, certified by official documents of Ukraine being in force at the date of entering in Russian Federation of Republic of Crimea and formation in the Russian Federation of new subjects. Acknowledgement is carried out in case of state registration of the result of corresponding intellectual activity or means of individualization according to rightholder’s application filed within Rospatent:
From a physical person being a citizen of Russian Federation on the base of Article 4 of the Federal Constitutional Law of March 21, 2014 № 6-FKZ "On entering in Russian Federation of Republic of Crimea and formation in Russian Federation of new subjects - Republic of Crimea and city of federal significance Sevastopol";
From a legal person who filed an application in order according to article 19 of Federal Law of November 30, 1994 № 52-FZ "Coming into force of first part of the Civil Code of Russian Federation".
Application (DOC - 100 Кб) for acknowledgement of action of exclusive right in the territory of Russian Federation may be filed until July 1 2016.
According to 9th part of Article 131 of the Federal Law of December 18, 2006 № 231-FZ "Coming into force of Part IV of the Civil Code of Russian Federation", the application form and list of documents that are the basis for acknowledgement of exclusive right in the territory of Russian Federation, the rules for drawing-up, filing and examination are set by Rospatent.
As part of this authorization Rospatent has issued an order of October 13, 2014 № 159 "Rules of drawing-up, filing and examination of applications and documents that are the basis for acknowledgement of exclusive rights in the territory of the Russian Federation". This order states:
Rules of drawing-up, filing and examination of applications and documents that are the basis for acknowledgement of exclusive rights in the territory of the Russian Federation (the Rules);
The form of application for acknowledgement of exclusive right in the territory of Russian Federation (Application)
According to the Rules an Application must be drawn-up in prescribed form with filling of fields corresponding to the kind of intellectual property in respect of which it is filed. An Application may enquire acknowledgement of action of exclusive rights certified by one official document of Ukraine.
The applicant may apply for acknowledgement of exclusive rights for intellectual property changed compared to what is specified in the protective document of Ukraine (in this case a corresponding note is to be made in the Application), if such changes:
Are expressed in deleting of claims from Claims of an invention or an utility model;
Are clarification of list of goods/services without broadening the scope of exclusive rights for a trademark or service mark (Trademark);
Do not cause change the essence of a design or essence of a trademark;
Refer to indication of goods origin in Russian.
Application must be accompanied with a copy of official Ukrainian document certifying the exclusive rights. Depending from an intellectual property object for which an application is filed the following documents must also be enclosed:
for inventions – description, abstract and Claims and also drawing necessary for understanding of essence of the invention (if available);
for utility models – description and Claims and also drawing necessary for understanding of essence of the invention (if available);
for utility models – description of an utility model and a set of article images;
for trademarks – an image of a trademark (with size 8х8 cm, in graphical implementation of quality allowing to reproduce it by copying technics, in color or color combination for which acknowledgement of exclusive rights is requested), description of trademark in which additionally is indicated color (color combination) of a trademark and non-protected elements thereof (if present), and the list of goods/services;
for places of goods origin – indication of goods, description of special properties and indication of place of origin.
If in an Application the information on applicant does not correspond to the information on rightholder of official document of Ukraine the Application must be accompanied with documents confirming the changes which took place.
In case if a representative not being a patent attorney carries out proceeding of case with Rospatent the application must also be accompanied with a Power of Attorney confirming his authority drawn-up in accordance with the legislation. A PoA authorizing a patent attorney may not be provided.
The documents must be provided within Rospatent in Russian. If a document is drawn-up in other language a Russian translation certified in pre-set order must be enclosed.
