Russian Intellectual Property Law
Overview of Russian Intellectual Property Law
Russian intellectual property law is codified in Part IV of the Civil Code of the Russian Federation (Articles 1225-1551), effective 1 January 2008, which replaced the earlier separate laws and established a unified legislative framework. This codification, the most comprehensive in Russian legal history, regulates all intellectual property results and means of individualisation within a single legislative instrument. The Federal Service for Intellectual Property (Rospatent — Федеральная служба по интеллектуальной собственности), operating under the Ministry of Economic Development, is the principal administrative body responsible for the examination and registration of patents, trademarks, and other IP objects. The system is territorially limited to the Russian Federation and does not extend to international registration without separate validation.
General Provisions
Intellectual Rights (Интеллектуальные права)
Article 1226 of the Civil Code establishes the concept of intellectual rights, which comprise the exclusive right (исключительное право) as a property right, personal non-property rights (личные неимущественные права), and other rights including the right of succession and the right of access. The exclusive right is the central economic right, allowing the right holder to use the intellectual property result in any manner not contrary to law and to prohibit or authorise its use by third parties.
Exhaustive List of Protected Results
Article 1225 provides an exhaustive list of protected intellectual property results and means of individualisation: scientific, literary, and artistic works; computer programs; databases; performances; phonograms; broadcasting and cable programmes; inventions; utility models; industrial designs; selection achievements; topographies of integrated circuits; trade secrets (know-how); trade names; trademarks and service marks; appellations of origin; and commercial designations.
Territoriality and State Registration
Article 1230 provides that the exclusive right is limited in duration and operates territorially within the Russian Federation. State registration is mandatory for patents and trademarks at Rospatent. Article 1232 provides that the transfer of exclusive rights in registered IP objects must be registered with Rospatent, and failure to register renders the transfer invalid.
Patent Law
Patents of Invention
Invention patents (патенты на изобретение) under Articles 1350-1398 of the Civil Code protect a technical solution in any field related to a product or process. The patentability requirements are novelty (новизна), inventive step (изобретательский уровень), and industrial applicability (промышленная применимость) under Article 1350. The state of the art includes any information that became publicly available before the priority date. The term of an invention patent is 20 years from the filing date, extendable for pharmaceutical and agrochemical products for up to five years.
Utility Models
Utility model patents (патенты на полезную модель) under Articles 1351-1398 protect a technical solution relating to a device. The requirements are novelty and industrial applicability but not inventive step. The term is 10 years from the filing date, non-renewable. Utility models are often used for inventions with a short commercial life or where rapid protection is needed.
Industrial Designs
Industrial design patents (патенты на промышленный образец) under Articles 1352-1398 protect the appearance of a product. The requirements are novelty and original character (оригинальность) under Article 1352. The term is 5 years from the filing date, renewable for successive 5-year periods up to a maximum of 25 years.
Employee Inventions
Articles 1370-1371 govern employee inventions. An invention, utility model, or industrial design created by an employee in the performance of job duties belongs to the employer, provided the employer files a patent application within four months or assigns the right to create the invention to the employee. The employee is entitled to reasonable remuneration.
Compulsory Licensing
Article 1362 permits compulsory licensing when a patented invention is insufficiently used after four years from grant (three years for utility models and industrial designs) and the failure to use results in insufficient supply of goods on the market or if the patentee refuses to license on reasonable terms.
Copyright Law
Protected Works and Computer Programs
Copyright under Articles 1255-1302 protects scientific, literary, and artistic works. Article 1259 provides a non-exhaustive list including literary works, dramatic works, musical works, choreographic works, audiovisual works, paintings, sculptures, architectural works, photographic works, maps, and computer programs. Notably, computer programs are protected as literary works under Article 1261, obviating the need for separate registration.
Exclusive Right and Personal Non-Property Rights
The author possesses the exclusive right (economic right) under Article 1270 to use the work in any form and by any means, including reproduction, distribution, public performance, broadcasting, communication by cable, making available on demand, translation, and adaptation. The personal non-property rights under Article 1255 include the right of attribution, the right of the author’s name, the right of integrity, and the right of publication. The right of withdrawal is provided under Article 1269.
Copyright Term
The general term under Article 1281 is life of the author plus 70 years, calculated from 1 January of the year following the author’s death. For anonymous works, the term is 70 years from publication. For works first published after the author’s death, the term is 70 years from publication.
Free Use (Свободное Использование)
The Civil Code provides for free use of works without the author’s consent and without payment of remuneration in specified circumstances under Articles 1273-1280. These include reproduction for personal purposes (Article 1273), use for informational, scientific, educational, and cultural purposes (Article 1274), use of works accessible in public places (Article 1276), and reproduction for archival purposes (Article 1275).
Trademark Law
Registration and Classification
Trademarks and service marks under Articles 1477-1515 require registration with Rospatent. A trademark may consist of verbal, figurative, three-dimensional, and other designations or combinations thereof. The Nice Classification applies.
Absolute and Relative Grounds for Refusal
Absolute grounds under Article 1483 include marks devoid of distinctiveness, descriptive marks, customary marks, and marks contrary to public interest or morality. Relative grounds include conflict with earlier trademark registrations, well-known marks, trade names, industrial designs, and copyright.
Collective Marks and Well-Known Marks
Collective marks (коллективные знаки) under Article 1510 are owned by associations of enterprises to indicate goods produced by members. Well-known marks (общеизвестные товарные знаки) under Article 1508 enjoy protection without registration, determined by Rospatent based on evidence of widespread recognition among consumers.
Term and Non-Use
The term of trademark registration is 10 years from the filing date, renewable indefinitely for successive 10-year periods. Non-use for three consecutive years after registration grounds cancellation under Article 1486.
Trade Secrets (Know-How)
Articles 1465-1472 protect trade secrets (ноу-хау) as confidential information of any kind that has actual or potential commercial value, is not generally known, and is subject to reasonable confidentiality measures. The exclusive right to a trade secret subsists as long as confidentiality is maintained. The term is not limited by law but terminates when the information becomes publicly known.
Means of Individualisation
The Civil Code protects three means of individualisation beyond trademarks: the trade name (фирменное наименование) under Articles 1473-1476 for commercial legal entities registered with the Unified State Register of Legal Entities; the commercial designation (коммерческое обозначение) under Articles 1538-1541 for identifying commercial and industrial enterprises without mandatory registration; and the appellation of origin (наименование места происхождения товара) under Articles 1516-1536.