Intellectual Property Protection in the Russian Federation
The Russian Federation is a participant of numerous International treaties, conventions and agreements, which regulate questions relating to the rights to products of intellectual (creative) activity, as well as the means of individualization of legal entities, commodities, labor and services, which are provided with legal protection (i.e. intellectual property).
The principal International treaties, conventions and agreements, of which Russia is a participant of, include:
- Paris Convention for the Protection of Industrial Property, 1883
- The Berne Convention for the Protection of Literary and Artistic Works, 1886
- Madrid Agreement Concerning the International Registration of Marks, 1891
- The Universal Copyright Convention (UCC), 1952
- Convention Establishing the World Intellectual Property Organization (WIPO), 1967
- Patent Cooperation Treaty (PCT), 1970
- Trademark Law Treaty (TLT), 1994
- The Eurasian Patent Convention (EAPC), 1994
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1994
- Patent Law Treaty (PLT), 2000
In addition, there are numerous other International documents signed by the Russian Federation.
As is generally known, Article 15 (4) of the Constitution of the Russian Federation determines that, "The universally-recognized norms of international law and international treaties and agreements of the Russian Federation shall be a component part of its legal system. If an international treaty or agreement of the Russian Federation fixes other rules than those envisaged by law, the rules of the international agreement shall be applied." Therefore, contemporary Russian legislation in the sphere of intellectual property is, to a large extent, in accordance to international standards.
The Civil Code of the Russian Federation (i.e. Articles 1225-1551) is entirely devoted to the rights of products of intellectual (creative) activity as well as the means of individualization.
Article 1225 of the Civil Code of the Russian Federation establishes that intellectual property is safeguarded by the law and so determines the protection for products of intellectual (creative) activity and the means of individualization.
The products of intellectual (creative) activity and the associated means of individualization of legal entities, commodities, labor, services and enterprises, which are provided with legal protection (i.e. intellectual property), include:
- Works of science, literature and art;
- Programs for electronic computing machines (software);
- Databases;
- Implementation of objects;
- Phonograms;
- Message broadcasts on cable radio or television (on-air or cable broadcasting);
- Inventions;
- Utility models;
- Industrial designs;
- Selective achievements;
- Topology of integral microcircuits;
- Trade Secrets (know-how);
- Brands;
- Trademarks and service marks;
- Appellations of origin;
- Commercial symbols.
