What is Intellectual Property?
Intellectual property that deals with protecting the rights of those who create original work, be it in the form of literary, artistic, designs, symbols, names and images used in commerce. The main purpose of the Intellectual Property law is to encourage new technologies, artistic expressions, and inventions while promoting economic growth. When an individual knows that his creative work will be protected from being misused, it acts as a motivation for him/her to continue to produce things that create jobs, develop new technology, make processes more efficient, and create beauty in the world around us.
What Are Intellectual Property Rights?
Intellectual Property Rights are the rights given to a person over their creation of mind. The creator of that particular product is given an exclusive right over the use of his/her creation for a specific period of time.
Intellectual Property Rights are customarily divided into two main areas:
Under this, the rights of authors of literary or artistic work like books, writings, musical compositions, sculptures, computer programs, films are protected for a minimum period of 50 years after the death of the creator. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.
2. Industrial Property
Industrial property can be divided into two types, where one area can be characterized as the protection of distinctive signs, trademarks, and geographical indications. The other area includes IP primarily protected to stimulate innovation, design, and the creation of technology. It includes inventions, designs, and trade secrets.
Types of IP Protection Available in Russia
Intellectual property rights can be an effective way to assist in the successful innovation of your idea. Here’s the list of intellectual property protection available in Russia:
Patents can protect inventions and utility models. To be protected, they have to be granted and registered in Russia. For the product or creation to be patentable, the subject matter of invention must be a technical solution in any area of technology related to either of the following:
- A product (including a device, substance, micro-organism strain or culture of cells of plants or animals)
- A method (a process of conducting actions on a material object with the assistance of material means), including the application of a product or method for a certain purpose
For an invention to be patented, it must pass the patentability test on novelty, an inventive step and industrial application. An application for patent registration shall contain:
- A description of the invention, disclosing it in sufficient detail for it to be carried out
- Claims stating its essential features and fully supported by a description
- Drawings and other materials, if they are necessary for understanding the essence of the invention
- An abstract of the invention
The term of patent protection for inventions is 20 years from the filing date. However, patents for pharmaceuticals, pesticides, and agrochemicals can be extended for another 5 years.
For trademark registration in Russia, an application must be filed with the Russian Federal Service for Intellectual Property, commonly referred to as Rospatent. An unregistered mark, or mark-in-use, is not protected unless it has obtained ''well-known'' status through registration with Rospatent. The entire process for filing trademark and getting the approval requires 14 to 19 months. For filing a trademark application in Russia, the following are required:
- Name and address of the applicant
- Prints of the trademark
- List of goods and/or services in accordance with the international classification
- Certified copy of priority document if priority is to be claimed (may be filed to the Russian Trademark Office within three months from the filing date)
Signed Power of Attorney, legalization, and notarization are not required.
A registered trademark in Russia is valid for 10 years from filing the date and can be further renewed every 10 years.
Copyright vests in a work of authorship from the moment it is created. There is no need for copyright registration or to comply with any other formalities to acquire, use, exercise, transact, protect or enforce the copyrighted work. Optional registration with Rospatent is available for software and databases at any time during the term of the copyright protection.
The exclusive right to any copyrighted work can be assigned, licensed, pledged or secured. The general term of copyright protection is the life of the author plus 70 years following his death.
4. Design Rights
Design Rights are subjected to having an exclusive right in Russia only when they are new and original. The design rights extend solutions related to the outer appearance of articles. The essential features of design must define the aesthetic characteristics of an article, including its form, configuration, ornaments, a combination of colors, lines, textures, patterns etc.
The initial term of protection for designs is five years from the filing date. The term of design protection can be extended several times for another five years. However, the maximum term of design protection must not exceed 25 years.
5. Trade Secret
A trade secret can be protected as know-how. Know-how cannot be registered; however, the owner of confidential information must undertake certain reasonable measures to maintain the confidentiality of the relevant information. If such measures are not implemented, the confidential information will not be protected. The know-how must have an actual or potential value for it to be legitimately protected from third parties.
Know-how is protected for as long as it is kept secret by its holder. If the confidentiality is lost, the exclusive right to know-how will lapse immediately.
6. Mask Works
Mask works represent integrated circuits layout. To protect a mask work, the creation must be original and innovative. Registration of a layout-design is not required, although optional registration with Rospatent can be carried out at any time during the term of protection.
The mask work protection expires ten years from the date of first use of the layout design or the date of registration of the layout design, whichever is earlier.
7. Achievements of Selection
Achievements of selection represent plant varieties and animal breeds. To be protected, a plant variety or animal breed must be new, distinctive, uniform and stable.
Plant varieties and animal breeds must relate to botanical and zoological types of objects as defined by the Russian Ministry of Agriculture. The exclusive rights to achievements of selection are attested by the special patents issued by the Russian Ministry of Agriculture.
The general term of protection of achievements of selection is 30 years from the registration date. However, the term of protection for plant varieties such as grapes, decorative trees, fruit cultures and forest varieties is 35 years.
Our Intellectual Property Services in Russia
Business Setup Worldwide understands the complexity that a business faces when it comes to legal proceedings, and so we help our clients to simplify the process. Few of the services that we will be able to assist you with are:
- Registering trademarks and license agreements, patents, and industrial designs
- Participating in negotiations and settling intellectual property disputes
- Conducting audits, evaluating potential risks and damages
- Brand valuation
- Infringement and validity advice
We at Business Setup Worldwide safeguard the intellectual property of our clients and provide a full range of services to them to protect them from intellectual property infringement. Our advisors for intellectual property rights in Russia have expertise and years of experience in this field, which allows us to handle diverse issues pertaining to intellectual property. Please feel free to contact us for more information.