2.6. Export duties
2.9.1. Priority of the trademark before the domain name
The protection of trademarks and service marks are governed by Chapters 69 and 76 0f the G 詞Z Cod・? of the Russian Federation171. WTO members are opposed to provisions of sub‑
166 167 168 169 170 171
Ibid., Art. 1318.
Ibid. Art. 1327.
Ibid., Art. 1331.
Ibid・ , para.1229, 316・
Ibid・ , para.1332, 317・
Ibid., 320.
clause 3 , paragraph. 9 , Art. 1483 0f the G 詞Z Code, providing for the refusal to register a trademark identical to pre‑existing do‑
main name1'2. 1n their view, domain names are not protected by in‑
tellectual property under the TRIPS Agreem・?nt and cannot have priority over the trademark1'3. The Russian Federation confirmed the commitment to remove this provision. Indication of the domain name in this article was removed in October 2010174.
2。9.2. Undisclosed information, including trade secrets and test data
The protection of undisclosed information in Russia is regu‑
lated by the G 詞y Code1,0, Federal Law on 八formation,7 一Information Technolo がes and th・?Protection of 悦治formation1 ib "
Federal Law on "Trade Secrets177" and by other regulations・
The Russian Federation confirmed what was already included in the legislation, and pledged to secure the necessary regulations provisions on the protection of confidential information provided by the applicant state authorities in obtaining approval for reali‑
zation of medicines in compliance with Article 39.3 0f the WTO 7貎 が3S Agreement1'8. Thus, in 2010, paragraph 6 was added to Article 18 0f the Federal Law of 12.04.2010 N0.6I‑FZ"On Circulation of Me ぷcines1'9" which establishes:
¨lt is not permitted to obtain, disclose, use for commercial pur‑
172 World Trade Organization, Report of the Work 加g ?『ty on £靜yl ccession o/
the Russian Federation to the World 77Γαde Organization, para. 1252, 393.
173 Ibid.
174 1bid・, para. 1253・
175 rpamuahckhh Kouetcc Poccmmckom Oe 丿印,9がmm (The Civil Code cぴ £尨 Russian FedeΓαび凹 ).
176 凡?deral Law of the Russian Federation 077 Informa ぴon, In かr呎αぴ077 Technolo がes and the Protection o/ 鈿 かr呎αぴon, 2006.
177 74?deral Law of the Russian 74?deraぴ077 0x7 77Γαde Secrets, 2004.
178 1bid・, para. 1295, 330.
179 74?deral Law of the Russian Federation y 61 "On Circulation of Me ぷcines,"
2010, Art. 18, para. 6.
poses and state registration of medicines information on the results of pre‑clinical research of drugs and clinical research of medicines provided by the applicant for state registration of medicines, without his consent within six years from the date of state registration of medicament・
Failure to comply with the prohibition established by this part shall entail liability under the laws of the Russian Federation・
On the territory of the Russian Federation are prohibited of the handling of medicinal products registered in violation of this subsection180."
The representative of the Russian Federation assured that Russia will protect undisclosed information from disclosure, ex‑
cept where protection of the population, as well as cases where no measures have been taken to ensure the protection of such data against unfair commercial use181.
2.10. Criminal measures
The Criminal Code182 0f the Russian Federation includes the follow four articles related to IPR: Art. 146 (Infringement of copy‑
right and related rights), Art. 147 (Patent violation), Art. 180 (il‑
legal use of a trademark) and Art. 183 (illegal acquisition and disclosure of information constituting commercial, tax and bank secret)183. 1n 2006, in Russia, 7,423 criminal offenses under Article 146 and 99 1 criminal offenses under Article 180184 were revealed。
WTO members have expressed dissatisfaction with the high amount of damage threshold on reaching possible criminal prose‑
cution. According to them, the Criminal Code contradicts Article
180 Ibid.
181 World Trade Organization, Report of £he Work 加g ?『ty on the A ccession o/
the Russian F ㎡eΓation to the World 77Γade Organization, para. 1295, 330.
182 夕'rOJIOBHblH Kcλuenc・(Criminal Code of Russian Federation), 1996.
183 1bid・ , para. 1332, 339・
184 Ibid.
61 0f the TRIPS Agree?merit, which sets as a basis for crimina 囗i‑
ability only the fact of misconduct to trademarks and copyrights on a commercial scale180. Also Article 6 1 does not require that the value of counterfeit or pirated goods exceed a specific amount・
According to members of the WTO, depending on market condi‑
tions, in some cases a violation will have a commercial scale, even if each particular acts of piracy affects a small amount of money, for example, if total pirated goods is large, illegal copies issued be‑
fore the promulgation of the original form or discovered form for the production of copies of works with traces of active use186. 1n such cases, the requirements of the Criminal Code will prevent holding violators accountable. Therefore, WTO members have de‑
manded the replacement of any thresholds in the Criminal Code by the general terms of commercial scale infringement187。
This requirement has not been supported by Russia・
Moreover, in December 2011, part of the thresholds was even sig‑
nificantly increased. So, from December 8 , 201 1 acts punishable under Art. 146 0f the C パminal Code (violation of copyright and re‑
lated rights) shall be deemed committed in large scale if the cost of copies of works or phonograms, or the value of the rights to the use of copyright and related rights, exceeds 100,000 rubles (previ‑
ously it was 50,000 rubles), and in especially large scale − 1,000,000 rubles (previously it was 250,000 rubles)188. The threshold value (large scale) in relation to violations of Art. 180 0f the Criminal Code (illegal use of a trademark) remained unchanged at 1.5 m11‑
110n rubles189。
Instead of canceling thresholds, the Russian Federation gave WTO members the following commitment: thresholds, resulting in
185 186 187 188 189
Ibid・ , para. 1349, 343.
Ibid.
Ibid.
Criminal Code of Russian Federation, 1996, sec. 19, Art. 146.
Ibid., Art. 180.
the imposition of criminal procedures and sanctions in cases of vio‑
lation of trademark rights, copyright or related rights on a com‑
mercial scale, ¨ wm be established and applied in a manner that reflects the real market conditions of the Russian Federation, in‑
eluding the conditions in the Internet market190.
2。11. Industrial designs and patents
The industrial designs and patents are regulated b y the provi‑
sions of Chapters 69 and 72 0f the G 詞Z Code. Patent Law deter‑
mines the legal protection of inventions, utility models, and industrial designs. In Russian G 詞Z Code, according to WTO
7 ̄でRが3S Agreem・?nt Art 27.3, it is determined that the patent would not be applicable to plant varieties, animal breeds, or integrated circuits, which are not new or don't have inventive steps, or are in‑
dustrially not applicable, and inventions that are contrary to the public interest, or to the principles of humanity and morality・
Under the Article 1363 0f Russian G 詞Z Cod・?, the validity of pat‑
ents is 20 years; utility model is 10 years; industrial design is 15 years from the date of filing, and this period coincides with the relevant provisions of Article 33 0f the WTO 7でRIPS Agreement191.
2.12. Establishment of uniform patent fees for residents and non‑
residents
The size of patent application fees for residents and non‑
residents in Russia were significantly different before the WTO ac‑
cession and were not in compliance with Art. 3 0f WTO 7呪 瓦)S Agreement on National Treatment192. The Russian Federation
pledged to resolve this situation by entering a single patent fee for its residents and non‑residents from the date of accession to the
190 191 192
Ibid・ , para. 1350, 343・
Ibid・ , para. 1272, 325・
Ibid・ , 315・, para.1226.
WTO193. Appropriate changes were made in September 2011 1n the
Goa?rnment Decree of 10.12.200・9 No. 假7 "On appro リαZ of the patent and oth・?r 斤・?s かr the performance of any legal action relat・?d to a patent ル Γan invi?ntion, ut 消 印model, industrial design, 戒 哨 £加 state registΓαぴon of the ひademark and service mark of the stat・?
registration and the pΓovision of exclusiv・?right to the appellation of origin, as well as with the stat・? reがstration of the ひα心φ?r of ex‑
elusive rights to oth・?Γpersons and co肘 Γαds on ぷsposal of these rights19∵Since that date the fees have become uniform, but were
increased compared with those which were previously owed by the Russian applicants.
2。13. Protection of plant varieties, animal breeds and topographies of integrated circuits
Plant varieties and animal breeds regulated by Chapter 73 0f the Russian G 詞Z Code, which was introduced by the Law ¨On S鬲?ction Achieve?merits19°." Actually, Chapter 73 duplicated the pro‑
193 Ibid.
194 ∂ がYTBepm ぶ?ytjtj7 及 λzzど:狃・ど?HHH o llai でHTHblX j7 / とかbix IJouuiMHax 3 a G:・BepmeHH とりTQ)HMHVeCKH 3Ha VllMblX ≒ ∠かMC TBMM, CBH3aHHbIX C IJaTeHTOM / 辺
召T3o6l:・ ど?7とリnne, y7 ∂・7と≒ヨy ひ J ノ ほ:リ7 とリzz・ , / か θがz 辺z/・7ど?HHbIM ∂ ∂ノ:3 e μ ご /  ̄i:)の う7∂ノ:・CTB と?HHOH PerHCT 皿 珥 鈬?j7 わ召∂ノ:・Horo 3f 辺Ka jt j かana 06c. 刀 心HBQHHH,
ご/  ̄i:icynaj.:・CTBと3HHOM / をrncTf.:, ∂μ/7 ど?jj7/ か と・ンHOC 7・∂£ 7とw/7 と?町/ を 瓦zz瓦WHT と*jibHoro /かaBa y7 ∂ ノミiaiiMt?HOBaHMe Mt? ごr∂ 7 かOHCXOW1 とリフノフ刄 ToBapa, ∂ で乃 彫 卮? ご /  ̄i:)の 乙7∂ノ:・CTB と^HHOM Pt?rncTf. 旧linen Oi・ 叮 裁zμEw 扨7/ を £UIOVHT とリ7bHoro L かaBa y 辺 戸 と3 3yjib ra 7・ が/77 とリz J とリ'cryajibHOti ∠癶? 刄 7 とリlb HOC TM j7 ・7jt C p ど?ac TBO / とか ぶIBM.・iyajiH3aiiHH, &? ・nora / を £ 毀フ り7 r と'・7z・Horo / かaBa, か ど?aocra 召・7と^HMH / か ∂z 辺He no Jib 3 OBamtn 乃koto 凡 りyjib ra ta hum 乃koto: 4?AC TB3 no 及 y 四四 男 刀φ と"xoua He 瓦movHTejibHoro L か 皿 ∂ 心 乃 A・θj 凡 りyjibi・ ∂7・ MJIM 乃CpencTB り 面 X J 刀"OBO μ3 (On A]l?iproval of the Patent and Other 74? es か r the Perソormance of Any £・?g αZ Action Related to a Patentソ 0Γ α71 Invention, びtility Model, Indust パαZ, £design, with the State Re,が s£Γat ion 0/ the T \Γademark and Service Mark of the State Re,が s£Γation and the Provision of Exclusive Rig ん£
to the Appellation o/ Origin, as Well as with the State ,R・?が s£Γation of the 77Γansfer of Exclusive Rig んts to Other Persons and Cont Γαd s 071 ,£disposal o/
These Rights), 2008.
195 Law of the Russian 74?deration On £九e Protection of Selection j chievements,"
1993.
visions of the mentioned Law, and little was changed considering their codification requirements. These provisions were brought into compliance with the common IPR protection principles in the Civil Cod・?, at the same time addressing certain problems related to the subject of protection of select achievements that are biological objects particularities. Furthermore, these provisions are in com‑
pliance with international agreements like as びPOV Convi?ntion and the WTO TRIPS Agreem・?nt. During the negotiation process of Russia to the WTO, the representative of the Russian Federation confirmed that the protection of plant variety will be granted to a11 WTO Members natural persons and legal entities196。
Topographies of Integrated Circuits are regulated by Chapter 74 0f the Russian G 詞Z Code, the provisions of the Chapter are in compliance with the Treaty on Int・?llectual Property in Respect o/゛
Integrated Circuits19气Washington Tr 回 収) and the relevant provi‑
sions of the WTO TRIPS Agreement。
At the beginning, the Topographies of Integrated Circuits
were included in the Law "On the legal protection of topogr 司 法 泌s of integrated circuits198"