INTELLECTUAL PROPERTY NEWS
Lithuania ratified the Patent Law Treaty      December 30, 2010
Estonia changes EEK to EUR currency as of January 1, 2011      December 29, 2010
Moldova New Copyright Law in force as of January 1, 2011      December 29, 2010
The Second International Forum on Intellectual Property «EXPOPRIORITY'2010» in Russia      December 15, 2010
Amendments to the Patent Law and the Law on Trademarks in Latvia      November 30, 2010
New Rules for registration, use and distribution of domain space of the Kazakhstan segment in the Internet      November 30, 2010
Azerbaijan accedes to the Hague Agreement ñoncerning the International Registration of Industrial Designs      November 12, 2010
Amendments to the Law of the Russian Federation relating to copyright      October 27, 2010
Cyrillic domain names in the Ukrainian domain zones      October 20, 2010
The Agreement between Rospatent and the USPTO      October 18, 2010
Creation of web site of the Tajik Patent Office      October 4, 2010
Kazakhstan Accedes to Madrid Protocol      October 4, 2010
The Law of Armenia "On Copyright and Related Rights" will undergo amendments      September 29, 2010
Disclaimer treatment procedure in Azerbaijan for Madrid trademark applications has changed      September 8, 2010
The Agreement between the European Union and Georgia on the protection of Geographical Indications                     August 31, 2010
The Law of the Republic of Belarus "On amending certain Laws of the Republic of Belarus on legal protection of inventions, utility models, industrial designs" comes into force                     August 20, 2010
The Moldavian Parliament has adopted a new Law on Copyright and Related Rights                     August 9, 2010
The draft Law of the Republic of Belarus "On Copyright and Related Rights" passed in a first reading at the closing session of the House of Representatives                     August 2, 2010
Registration of the Cyrillic domains in domain zones “.com.ua” and “.kiev.ua”                     July 23, 2010
On ratification of the Protocol to the Madrid Agreement Concerning the International Registration of Marks                     July 12, 2010
New Trademark Law in Armenia Enters into Force on July 1    July 1, 2010
The amended Law of Georgia “On Patent” and the new Law of Georgia “On Design” come into force on June 24, 2010. Importation Patent concept is no longer stipulated by the Georgian legislation.    June 14, 2010
Mikhailyuk, Sorokolat and Partners wins the Global Award “Intellectual Property Advisory Firm of the Year in Ukraine”    June 2, 2010
Estonia is undergoing changes in domain regulations    June 1, 2010
“Mikhailyuk, Sorokolat and Partners” presented its concept of “Performing IP” at the International Trademark Association (INTA) 132nd annual meeting    May 29, 2010
The Agreement on the protection of geographical indications and appellations of origin between Russia and Switzerland    May 13, 2010
In Belarus there have been approved the Regulations on plant variety testing on patentability    May 13, 2010
New legislation on copyright is being developed in Belarus    April 30, 2010
Latvia Ratifies Patent Law Treaty    April 30, 2010
MSP opens new office in Kazakhstan    April 23, 2010
Registration Policy Change of domains in .RU Zone    April 16, 2010
Ukraine has ratified the Singapore Treaty on the Law of Trademarks    March 31, 2010
The term for payment of the trademark registration fee can be extended in Azerbaijan    March 31, 2010
The Law of the Republic of Belarus “On implementation of the Special Part of the Tax Code of the Republic of Belarus” became valid    March 31, 2010
The President of the Russian Federation signed the law on disposal of the exclusive trademark right    March 15, 2010
The Law of the Azerbaijan Republic "On Patent" has entered into force    March 15, 2010
The Federal Council of the Russian Federation approved the law on increase of terms associated with the examination of a trademark application    February 26, 2010
Amendments to the Statute of Fees in Tajikistan       February 18, 2010
The validity term of a patent for industrial design may be extended in the Azerbaijan Republic    February 2, 2010
The extension period for office action responses was shortened to three months in Uzbekistan    February 2, 2010
On Implementation of Administrative Procedures in Belarus    January 29, 2010
On adoption of the Resolution ¹ 1719 of the Council of Ministers of the Republic of Belarus    January 24, 2010
Registration of domain names in Cyrillic zone "RF"    January 23, 2010
On adoption of the Resolution ¹ 1679 of the Council of Ministers of Belarus    January 22, 2010
December 30, 2010
Lithuania ratified the Patent Law Treaty
The Patent Law Treaty (PLT), which was concluded on June 1, 2000 in Geneva and entered in force on April 28 2005, aims to simplify and harmonize formal procedures set by national and regional Patent Offices for filing and processing of national and regional patent applications.
In Lithuania the Treaty, which was ratified by the decree of the President, comes into force in 2011.
The Treaty mainly relates to the procedure for obtaining a patent and regulates the formalities such as establishing the date of filing, form and content of the patent application, representation, etc.
December 29, 2010
Estonia changes EEK to EUR currency as of January 1, 2011
As of January 1, 2011 the euro will come into effect as currency in Estonia. During 2010 Estonia successfully fulfilled all the Maastricht criteria, which are required to join the euro zone. Estonia will be the 17th country and the first Baltic state to join the monetary union.
The amount of taxes, official fees, benefits and other budget-related sums in kroons will be rounded to euro for the benefit of the population.
On the official website of the Estonia Patent Office the fees are currently presented both in kroons and in euro. The following link goes to the website with new fees in euro, which will become valid as of January 1, 2011.
December 29, 2010
Moldova New Copyright Law in force as of January 1, 2011
The draft law on Copyright was developed by the State Agency on Intellectual Property (AGEPI) in 2008 in cooperation with the European experts with the aim of establishing an effective mechanism of protection of copyright and related rights, as well as harmonize the national legislation with international conventions and European directives.
The new law has broader objects of regulation, including additional rights such as: the copyright on office products, the copyright on works of art, the right of inheritance, the copyright on photographic products, the copyright on products of applied art (design) and products of architecture, the right of video recording manufacturers, the right of the broadcasting organizations (via radio or cable). Also the new law provides the rights of databases manufacturers.
The law stipulates new provisions regrading the videogram producer rights, the collective administration system, remuneration procedure and rates, the Mediation and Arbitration Commission organization and the authorization procedure for institutions that will administer the authors’ patrimonial rights. The Mediation and Arbitration Commission will be appointed by the AGEPI and will be responsible for examining and settling copyright disputes.
The text of the law defines the videogram as the first imprint of certain images, possibly accompanied by sound, irrespective of whether it represents an audiovisual creation or not. The natural or legal entity whose name appears on a videogram is considered the author thereof until proven otherwise.
The law retains the provisions regarding the system of registration of copyright and related rights objects, despite the fact that the registration is not a prerequisite for the protection, exercise and enforcement of copyright and related rights.
The Law No. 139/2010 on Copyright and Related Rights will come into force upon expiration of 3 months from the date of its publication in the Official Gazette, i.e. on January 1, 2011.
December 15, 2010
The Second International Forum on Intellectual Property «EXPOPRIORITY'2010» in Russia
On December 7-9, 2010 the representatives of company “Mikhailyuk, Sorokolat & Partners” took part in the Second International Forum on Intellectual Property «EXPOPRIORITY'2010» that was held in the Central Exhibition Hall, Expocentre, located on Krasnopresenskaya nab. 14 in Moscow.
The results of the Forum have once again demonstrated that it is highly valued by all - inventors, manufacturers, patent counsels. The Forum has obtained support of the highest body of legislative power in Russia - the Federation Council of Russia and such authoritative institutions as the World Intellectual Property Organization and International Chamber of Commerce. This evidences of the high level of its organization and procedure of holding.
As the previous time the Forum gave all comers an exclusive opportunity to receive free consultations in respect of patent, trademark, design and other intellectual property objects registration and to select future representative for protection of their interests in the field of intellectual property.
The specialists from our company “Mikhailyuk, Sorokolat & Partners” carried out numerous consultations of the current and future clients in respect of various issues associated with intellectual property protection in Russia and abroad and thereby made another notable presentation of the company as the one offering top quality IP protection services.
November 30, 2010
Amendments to the Patent Law and the Law on Trademarks in Latvia
On October 14, 2010 the Parliament of Latvia adopted amendments to the Patent Law and the Law on Trademarks and Indications of Geographical Origin
• Amendments to the Patent Law
Certain formal amendments have been introduced into the Patent Law, such as correction of the numbering of articles and the list of functions of the Patent Office. The amendments also stipulate a more detailed regulations related to inventions affecting national defense interests.
According to the amended Law, if the invention affects national defense interests, the Ministry of Defense of the Republic of Latvia can assign it the status of secret invention. In this case, the invention will not undergo publication procedure and the requirement to pay the official fees for publication will not be applied. If the rightholder of the secret invention and the Ministry of Defense do not agree on the amount of compensation for the use of the invention, this amount will be determined by the court according to the Civil Procedures Law.
• Amendments to the Law on Trademarks and Indications of Geographical Origin
The major amendments to the Law relate to extension of set terms and restoration of the missed terms.
The amendments introduce further processing and reinstatement of rights, as well as specify which terms can be extended.
The amendments to the Law stipulate that the term for proceedings before the Patent Office and the Board of Appeals can be extended for up to three months if the corresponding request is filed and the fee is paid before expiration of the set term.
The amended Law stipulates no extension of the following terms: terms concerning claimimg a conventional priority, term for filing the opposition, term for filing the appeal against the decision of the Board of Appeals, terms relating to renewal of the registration of a trademark, the duration of the registration of a trademark, terms relating to further processing and reinstatement of rights.
According to the amended Law, the request for further processing can be filed within two months as of the date of receipt of the notification informing about the missed term or on the date of loss of rights for non-observance of the term. Further processing cannot be requested if the following terms are not observed: term for requesting further processing, term for submitting the documents attesting the priority rights, term for filing the response to the official action during the examination of a trademark, term for filing the opposition, the duration of the registration of a trademark and terms relating to renewal of the registration of a trademark, terms relating to reinstatement of rights.
The amendments entered into force on November 17, 2010.
November 30, 2010
New Rules for registration, use and distribution of domain space of the Kazakhstan segment in the Internet
According to the Order No. 220 of the Minister of Communications and Information of the Republic of Kazakhstan dated September 7, 2010 «On approval of the rules for registration, use and distribution of domain space of the Kazakhstan segment in the Internet», new Rules for registration of domain names came into force on November 16, 2010.
The important requirement stipulated by the new Rules is that the server equipment that will use Internet resource with the claimed domain name (www.[name].KZ) must be located in the territory of the Kazakhstan. Otherwise, the registration or re-registration of the domain name will be refused.
In addition, the Rules stipulate that in order to prevent possible violations upon using a domain name a registrant has no right to use a domain name to create resources that contain information contradicting the Constitution, the Civil Code and the Law on Mass Media of Kazakhst, including promoting or agitating the forcible change of constitutional order, violation of the integrity of the Republic, undermining the state secutity etc.
The domain names registered before the Rules came into effect will not require re-registration and will remain effective until the expiry of their registration.
November 12, 2010
Azerbaijan accedes to the Hague Agreement ñoncerning the International Registration of Industrial Designs
WIPO announced the news of Azerbaijan's accession to the Hague Agreement Concerning the International Registration of Industrial Designs. The Geneva Act of the Hague Agreement, adopted at Geneva on July 2, 1999, will enter into force, in respect of the Republic of Azerbaijan, on December 8, 2010.
October 27, 2010
Amendments to the Law of the Russian Federation relating to copyright
As reported by the press service of the Federation Council, the Federal Law "On amendments to Part IV of the Civil Code of the Russian Federation" was approved on September 29, 2010.
Numerous amendments to the Russian law aimed at enhancing protection of copyright and harmonized with the international law are claimed to remove barriers for entrance of the Russian Federation into the World Trade Organization.
Particularly, the amended item 5 of Article 1229 of the Civil Code specifies restriction of exclusive rights for results of intellectual activity, such as, scientific, literary and art objects, objects of related rights, inventions, industrial designs and trademarks.
Item 1 of Article 1362 of the Civil Code is supplemented by a paragraph, which allows granting a simple compulsory license for use of inventions related to semiconductor technology for noncommercial purposes for the state and public benefits only.
The amendments to Article 1516 of the Civil Code relate to protection of such appellations of origin, which, although do not contain the name of a geographical object, however, identify its territorial belonging.
An important amendment affecting the law enforcement practice in the field of trademark protection is introduced into Article 1483 of the Civil Code. This amendment now eliminates the possibility of refusal to register a trademark that is identical to a domain name, if the rights for this domain name were in effect before the priority date of the trademark. It means that in this case the existence of the domain name should not be taken into account.
And finally, Article 1273 of the Civil Code contains a revised item 2, stipulating that "when phonograms and audiovisual works are reproduced exclusively for personal purposes, authors, performers, producers of phonograms and audiovisual works are entitled to compensation." At the same time, free reproduction of records protected by copyright for personal purposes is allowed only "if required".
The phrase “if required” is not clarified in the new amendments to the law. And this situation, being a matter of concern for those citizens using phonograms for personal purposes, still requires a separate formal clarification.
October 20, 2010
Cyrillic domain names in the Ukrainian domain zones
On October 19, 2010 there has started the registration of IDN Cyrillic domain names in domain zones .COM.UA and .KIEV.UA. This means that from this day web users can register and use the symbols of the Ukrainian and Russian alphabet in these domain zones. Such domain names should look as "firm".com.ua, "trademark".kiev.ua.
In order to avoid the mass takeover (cybersquatting) of appealing domain names by abusive users, the administrator of the .UA domain zone, LLC Hostmaster together with the initiative group of registrars have developed a stepwise procedure of initiation of the Cyrillic domain names registration.
Registration of IDNs is to take place in three stages.
Stage I is to take place from October 19, 2010 till November 17, 2010. Cyrillic domain names in com.ua and kiev.ua zones may be registered by the owners of verbal Cyrillic trademarks and well-known marks provided that the corresponding certifying documents are provided. The requirements and conditions for the first stage of priority registration of IDNs is similar to the ones applied for registration of domain names in the top level domain zone .UA. The minimum and maximum period of registration is 1 year.
Stage II is to take place from November 19, 2010 till December 19, 2010. Cyrillic domain names are delegated to registrants who express willingness to register the IDNs for a 10-year period. At this stage of priority registration applied are the requirements and conditions of the domain names delegation existing for .com.ua and .kiev.ua domain zones respectively. The minimum registration period is 10 years.
Stage III is to start from December 21, 2010. Registration is available to all and everyone and should not differ from usual domain names registration in .com.ua and. kiev.ua domain zones respectively. The registration terms are from 1 year to 10 years.
General requirements for Cyrillic domain names in. COM.UA and. KIEV.UA domain zones:
• characters of the Cyrillic alphabet in lower case, Arabic numerals and the hyphen character "-" are allowed;
• Ukrainian apostrophe “ ' ”, which is used for palatalization, is not allowed;
• Cyrillic domain names should not contain characters of other alphabets
• Cyrillic domain names should contain at least one unique letter visually distinguishable from Latin letters and numbers.
Registration requirements for Stage I:
• a domain name is registered on the basis of trademark or on the basis of well-known brands in Ukraine. Verbal part of the trademark image should contain the characters of the Cyrillic alphabet and include at least one unique letter visually distinguishable from Latin letters and numbers.
• Domain name (its third level components until a "." sign) should be identical in spelling to the word part of the trademark.
• A domain name is registered by the trademark owner or the person who has obtained from the owner under a licensing agreement the right to use the trademark for the domain name registration.
October 18, 2010
The Agreement between Rospatent and the USPTO
On September 22, 2010 there was signed the Agreement between the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) and the U.S. Patent and Trademark Office (USPTO) on the function of the Rospatent as the International Searching Authority and the International Preliminary Examining Authority under the Patent Cooperation Treaty (PCT) in respect of international applications received by the U.S. Patent and Trademark Office.
In accordance with the Agreement, applicants can indicate Rospatent as the competent authority to carry out the international search and the international preliminary examination of international applications filed in the USPTO as a receiving office.
At present, the USPTO has signed similar agreements only with the European Patent Office, Korean Intellectual Property Office and the Australian Patent Office.
The Agreement will enter into force upon approval of all technical aspects by the parties.
October 4, 2010
Creation of web site of the Tajik Patent Office
State institution “National Patent Information Centre” of the Ministry of Economic Development and Trade of the Republic of Tajikistan has created the web site, located at: http://www.ncpi.tj/ . The web site cites useful information concerning laws, a number normative and regulatory acts of the Republic of Tajikistan, main fees associated with filing and prosecution of patent, design and trademark applications as well as fees for services provided by the Tajik Patent Office, etc. Although the web site is yet monolingual, i.e. the information there is accessible in the Russian language only, finally, it has become possible to view the information on intellectual property matters in Tajikistan using the world web.
October 4, 2010
Kazakhstan Accedes to Madrid Protocol
On September 8, 2010 in Geneva (Switzerland) the permanent representative of Kazakhstan to the European division of the United Nations, deposited with the Director General of the World Intellectual Property Organization (WIPO) his instrument of accession to the Madrid Protocol Concerning the International Registration of Marks adopted in Madrid on June 27, 1989 ("Madrid Protocol (1989)").
In his turn, the Director General of WIPO welcomed Kazakhstan's accession to the protocol, which is one of the most important instruments of protection of intellectual property rights of producers in the international scene. The parties expressed confidence in further successful development of bilateral cooperation between Kazakhstan and WIPO.
Adherence to this protocol provides Kazakh producers with more opportunities for protection of their rights abroad by obtaining protection document for intellectual property objects and the list of other advantages, including facilitating the registration procedure and the possibility of establishing individual fees and completing the application in one of the three languages: German, English or Spanish.
Accession to the Madrid Protocol by Kazakhstan brings the number of Contracting Parties of the Protocol to 83 and the total number of Contracting Parties of the Madrid system to 85.
The Madrid Protocol will enter into force with respect to the Republic of Kazakhstan on December 8, 2010.
September 29, 2010
The Law of Armenia "On Copyright and Related Rights" will undergo amendments
The Law of Armenia "On Copyright and Related Rights" was adopted in 2006 and at that moment complied with the technical means for preservation of information (printed materials, material objects, etc.). However, in recent years, along with mass digitalization of information sources – libraries, archival documents, museum collections, etc. – there arose the necessity of amending the Law.
Article 22 of the Law currently in force stipulates free use of information stored on hard disks. "Free use" means free use of the materials without the consent of the author and renumeration, but with obligatory indication of the source of information and the author's name, which does not infringe the legitimate interests of the author towards his creative work. Passages from the legally published creation works may be cited for scientific, research or other purposes.
According to the Head of Copyright and Related Rights Department of the Intellectual Property Agency, the amendments to the Law will also permit free use of digitized creation works.
The amendments to the Law are to be introduced in 2011.
September 8, 2010
Disclaimer treatment procedure in Azerbaijan for Madrid trademark applications has changed
Earlier, both for national Azerbaijan trademark applications and for Madrid trademark applications designated to Azerbaijan, in case of a disclaimer the applicant had to file either agreement with the disclaimer or appeal against the disclaimer decision within 3 months from issuance of this decision. No official fee was stipulated for filing agreement with the disclaimer. In case neither was filed within the prescribed term, the protection was granted to the trademark with limitation to the disclaimer part.
From now on, the Azerbaijan legislation stipulates that in case of a disclaimer towards the Madrid trademark application, the applicant has to file either the agreement with the disclaimer or appeal against the disclaimer decision within 3 months from issuance of this decision with obligatory payment of the official fee in the amount of 75 USD in both cases. Moreover, in case neither is filed within the prescribed period the application will be considered withdrawn and no protection will be granted to the trademark in Azerbaijan.
The disclaimer treatment procedure for national Azerbaijan trademark applications has remained the same. <
August 31, 2010
The Agreement between the European Union and Georgia on the protection of Geographical Indications
The Agreement between EU and Georgia on the protection of Geographical Indications was initiated on July 29, 2010. This Agreement will promote the trade of agricultural products and foodstuffs originating in the territories of both Georgia and the European Union.
According to this Agreement the two contracting Parties shall invalidate or refuse to register a trademark that meets the criteria of geographical indications. The Agreement allows use of geographical indications only for those persons who produce agricultural and other related products in the EU and Georgia. Among such products are 18 Georgian geographical indications, including "Manavi”, "Kindzmarauli”, "Akhasheni”, "Gurjaani”, "Tsinandali”, "Khvanchkara” and others.
Georgia is well-known for the quality of its agricultural products and its hospitality. The aim of these Agreement lies in reduction of misuses of the names of products, better protection of consumer rights and respect of traditions.
The development of the geographical indications will significantly contribute to the diversification of the wine production in Georgia, as well as stimulate application of this kind of protection in other categories of products. It might also encourage the development of new initiatives for tourism and the launch of new marketing strategies.
With this Agreement, Georgia establishes the highest international standards on the protection of intellectual property rights. The Agreement will certainly contribute to the development of those rural areas that have been producing wine and food using centuries-old traditions.
The Agreement is to enter into force in the beginning of 2011.
August 20, 2010
The Law of the Republic of Belarus "On amending certain Laws of the Republic of Belarus on legal protection of inventions, utility models, industrial designs" comes into force
As of February 3, 2011 the Law of the Republic of Belarus "On amending certain Laws of the Republic of Belarus on legal protection of inventions, utility models, industrial designs" comes into force.
The Law of the Republic of Belarus "On amending certain Laws of the Republic of Belarus on the legal protection of inventions, utility models, industrial designs" has been developed taking into account the international and national law enforcement practice and is aimed at improving the legal protection of industrial property objects (inventions, utility models, industrial designs) and at harmonisation of national patent laws with the legislation of the Russian Federation.
The Law introduces amendments and supplements to the Law of the Republic of Belarus of December 16, 2002 "On patents for inventions, utility models, industrial designs" and to the Civil Code of the Republic of Belarus. In particular, the Law stipulates the following issues:
• improvement of the procedures for obtaining legal protection for inventions, utility models, industrial designs. In accordance with international practice there clarified are the regulations of the Law on patents concerning the procedure of term extension of patents for inventions, the scope of legal protection of industrial designs, the inadmissibility of validity of several national patents for the same technical solution, etc.;
• development of legal regulations for employee’s objects of industrial property. Stipulated are the right of an employer to keep created by an employee object of industrial property in secret or, under a contract agreement, transfer the right to file a patent application for this object to another person, at the same time secured is the right of the employee to receive the corresponding remuneration;
• reduction and simplification of administrative procedures implemented by the Patent Authority, as well as bringing the terms and order of implementation of the administrative procedures in compliance with the law on administrative procedures. The Law regulations take into account the provisions of Presidential Decree ¹ 200 of April 26, 2010 "On administrative procedures, implemented by the governmental agencies and other organizations at the citizens’ requests" in respect of patent validity terms and terms of issuance of patents for inventions, utility models, industrial designs, as well as the issues concerning registration of signed license agreements and assignment of rights to industrial property objects in the Patent Authority. In accordance with the law on administrative procedures, the Law on patents establishes that the requirements for application documents for a patent for an invention, utility model, industrial design, the procedure on conducting the substantive examination as well as the decision taken based on the results thereof are established by the Council of Ministers of the Republic of Belarus. With the aim of providing full information for the citizens and organizations, the Law on patents stipulates the possibility of publication of the data on issued patents on the official website of the Patent Office in Internet.
August 9, 2010
The Moldavian Parliament has adopted a new Law on Copyright and Related Rights
On July 2, 2010 at the session of the Parliament of the Republic of Moldova there was adopted a new Law on Copyright and Related Rights.
The Draft Law on Copyright and Related Rights was worked out by the State Agency on Intellectual Property in 2007-2008 with the aim of developing the effective mechanism that would regulate functioning of the protection system of copyright and related rights, as well as harmonize the national legislation with international conventions and European directives.
On December 4, 2008 the completed project was approved at the session of the Government of the Republic of Moldova. On May 28, 2010 it was passed by the Parliament in I reading, and on July 2, 2010 - in the final reading. The new Law on Copyright and Related Rights enters into force upon expiration of 3 months after publication thereof in "Monitorul Oficial al Republicii Moldova", and the Law ¹ 293-XIII of November 23, 1994 will become repealed.
August 2, 2010
The draft Law of the Republic of Belarus "On Copyright and Related Rights" passed in a first reading at the closing session of the House of Representatives
This document is aimed at improving the functioning of the system of protection and implementation of copyright and related rights, balancing the interests of authors (rightholders) and the State.
The Law stipulates the improvement of system of “work for hire” and free use of objects of copyright and related rights, the development of contractual relationships in terms of copyright and license agreements, exclusive license agreements and the contract on creation and use of objects of copyright and related rights.
An integral part of the draft Law relates to the matters of regulation of relations in the sphere of collective management of authors' property rights. The determination of legal status and powers of organizations for collective management of economic rights is stipulated.
The law also introduces new rights in respect of computer programs, including the right to install and run the programs. The right for inviolability of work of authorship will also be introduced. This means that without the consent of an author no entries, reductions, additions or changes are allowed in his work. The author may protest against any distortion of his work, or other derogatory acts capable to prejudice his honor and dignity.
July 23, 2010
Registration of the Cyrillic domains in domain zones “.com.ua” and “.kiev.ua”
On July 22, 2010, “Hostmaster”, the administrator of the domain zone “.UA ”, introduced the registration of Cyrillic domain names in domain zones “.com.ua” and “.kiev.ua”.
The Registration of Cyrillic domains is implemented by using the IDN (Internationalized Domain Names), these are the domain names containing characters of national alphabets.
According to “Hostmaster”, such introduction solves the problem of domain names depletion, as well as helps securing the personality of a person or a company.
According to the information provided by the company representative, the terms for registration of Cyrillic domain names, as well as the cost for registrars will not differ from the terms and costs applied for Latin domain names. Besides, it was pointed out that the registrars (companies that are authorised by "Hostmaster" to register domain names) themselves can set prices for final users.
Earlier, the Ukrainian Network Information Center had already applied for obtainment of the Cyrillic domain name ".óêð", however this application was suspended at the request of State Informatization Committee.
July 12, 2010
On ratification of the Protocol to the Madrid Agreement Concerning the International Registration of Marks
On May 27, 2010 the President of the Republic of Kazakhstan signed the Law of the Republic of Kazakhstan "On Ratification of the Protocol to the Madrid Agreement Concerning the International Registration of Marks”.
Ratification of the Protocol gives Kazakhstan a number of advantages, including simplification of the registration procedure and the ability to establish individual official charges, as well as the possibility of filing an application in one of three languages - German, English or Spanish. The Protocol was adopted on 27 June 1989.
July 1, 2010
New Trademark Law in Armenia Enters into Force on July 1
The Armenian Parliament has recently approved the new Trademark Law, which becomes valid on July 1, 2010. The new Law replaces the previous Law on Trademarks, Service Marks and Appellations of Origin of the year 2000.
The Law introduces a new definition of a trademark and broadens the list of signs that can be registered as trademarks by adding holograms and colors or combination of colors to the trademarks defined by the current legislation.
The new law also introduces protection for trademarks with reputation in Armenia (“well-known marks”) and measures against applications filed in bad faith.
One of the most important provision of the new Law is the opposition procedure, namaly all new trademark applications should to be published in the PTO’s Official Gazette for opposition purposes which means that any third party can file an opposition within two months from the publishing date.
According to the new Law a trademark license or an assignment agreement becomes effective with respect to third parties from the date of its registration with the PTO registry.
June 14, 2010
The amended Law of Georgia “On Patent” and the new Law of Georgia “On Design” come into force on June 24, 2010.
Importation Patent concept is no longer stipulated by the Georgian legislation.
In Georgia there have been adopted the new Law “On Design” as well as amendments to the Law “On Patent”.
The amended law on “Patent” stipulates the following main issues:
• Item 5, Article 5 of the Law stipulates the possibility of extending the validity term of the national patent for an invention. Namely, "The term of the invention patent relating to a medical product, which introduction to the Georgian market requires the approbation from the corresponding authorities, at the request of the patent owner may be extended for the term from filing the application with the Georgian Patent Office till issuance of the approbation by the authorities, however this extension may not exceed 5 years. The request for extension should be filed within 1 year from the receipt of the authorities’ approbation."
• Importation Patent concept has been abolished by the Georgian legislation.
• Item 1, Article 71 of the Law stipulates the validity term of the utility model in Georgia being 10 years from the date of filing the utility model application with the Georgian Patent Office instead of the earlier stipulated 8 years.
Moreover, Item 2, Article 71 of the Law stipulates the possibility of simultaneous filing of both invention and utility model applications by the same applicant. The grant of the invention patent in this case will cause cancellation of the utility model patent. At the same time the refusal to grant the invention patent due to non-compliance thereof with novelty requirement will also result in cancellation of the utility model patent.
The new law on “Design” stipulates the following main issues:
• Item 3, Article 5 of the Law stipulates the validity term of the design in Georgia being 25 years from the date of filing the design application with the Georgian Patent Office instead of the earlier stipulated 15 years.
• Article 14 of the Law stipulates the substantive examination of design applications. The substantive examination of design application presupposes verification of the compliance thereof with the requirement of novelty and is to be conducted within 3 months after the formal examination.
• Article 22 of the Law also stipulates the possibility of accelerating the design application registration, provided that the corresponding official fee is paid.
Both the new Law on “Design” and the amended Law of “Patent” are to come into force on June 24, 2010. The statute of fees amended in accordance with the above-indicated changes of the Georgian patent legislation is to be adopted in the nearest time.
June 2, 2010
Mikhailyuk, Sorokolat and Partners wins the Global Award “Intellectual Property Advisory Firm of the Year in Ukraine”
Our company has been named as “Intellectual Property Advisory Firm of the Year 2010 in Ukraine” by the Corporate Intl Magazine. This award recognizes the leading expert in the respective field and marks the leading legal team in chosen practice area globally.
The Global Award is based on the extensive research and thorough analysis of a number of companies, conducted by the experts of the Corporate Intl Magazine, as well as on the information amassed by the editorial team.
The main selection criteria for nominees for this prestigious position are capabilities, experience and expertise of the company. Moreover, during the survey the Corporate Intl Magazine brings into focus the notable work carried out over the past 12 months in the area, inventive structuring steps and expansion of the breadth of the services.
The aim of the magazine is to provide a unique insight into the business world for its readers and to help them find the best partners, offering the outstanding services and exceptional support.
We are delighted to have been chosen by one of the leading monthly titles for business leaders and professional advisers throughout the world and are honoured to receive this well-deserved award from it.
June 1, 2010
Estonia is undergoing changes in domain regulations
Estonia is undergoing changes in domain regulation, which will provide registration regulations for the top-level domain “.ee”. Domain reform is currently in its last stage.
One of the major innovations is that after the new regulations become effective, “.ee” domains may be registered by any local or foreign private and legal entity, and one registrant may register any number of domains.
The other important amendment relates to the terms and fees for domain registration. The registration time period of a domain is one year and will be extended upon request any number of times.
The procedure of registration of domain names will be as follows: the Estonian Internet Foundation will conclude an agreement with registrars (internet service providers) who, in their turn, will conclude service agreements with registrants (entities applying for and using the domain).
The annual fee paid by internet service provider to the Estonian Internet Foundation will be EEK 285. Whereas the fee paid by registrants to registrars according to service agreements will be set by registrars on the principles of free competition in the market.
The domain regulations were approved on 17 March, 2010 and published on the web site of the Foundation, www.eestiinternet.ee, but the actual implementation date has not been established yet. The Estonian Internet Foundation has announced that a 30 days advance notice will be given before the launch of new regulations, so that registrars and registrants can take appropriate measures as to reregistration of the current domains.
May 29, 2010
“Mikhailyuk, Sorokolat and Partners” presented its concept of “Performing IP” at the International Trademark Association (INTA) 132nd annual meeting
The 132nd INTA meeting took place in Boston, USA in May 22-26.
The team of professionals of our company was glad to meet our clients and colleagues and to discuss issues of mutual interest and share opinions concerning practices development and integration.
As usual the friendly atmosphere of INTA meeting was favourable for fruitful and beneficial interaction.
By tradition our company took part at the INTA exhibition introducing a new slogan “Performing IP”, as one of the leading concepts of our work. Like musicians turning silence in the live energy of music, our company performs the real art of IP turning the ideas of our clients into the precious achievement and allowing them to improve and to succeed.
It was a pleasure for us to receive all the visitors of our booth and we hope to meet them again at next IP related events.
May 13, 2010
The Agreement on the protection of geographical indications and appellations of origin between Russia and Switzerland
On April 29, 2010 in Berne, Switzerland there was signed the Agreement on the protection of geographical indications and appellations of origin between the Government of the Russian Federation and the Federal Council of the Swiss Confederation.
The Agreement develops a framework for provision of adequate and effective legal protection of the Russian Geographical indications and appellations of origin in the Swiss Confederation and the Swiss geographical indications and appellations of origin in the Russian Federation.
The agreement is based on a balance of interests of the parties and stipulates rules and principles for ensuring safety and protection of geographical indications and appellations of origin. In accordance with the provisions of the Agreement, Russia and Switzerland offer a reciprocal effective protection of geographical indications and appellations of origin in accordance with their national legislation and also in accordance with international treaties in which they are contracting parties.
As the competent authorities of the parties responsible for implementing the Agreement identified are the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) and the Swiss Federal Institute of Intellectual Property.
May 13, 2010
In Belarus there have been approved the Regulations on plant variety testing on patentability
On April 1, 2010 there was adopted the Resolution No. 492 of the Council of Ministers of the Republic of Belarus "On some issues on plant variety testing on patentability (National Register of Legal Acts of the Republic of Belarus, 2010, No. 84, 5/31581) that approves the Regulations on variety testing on patentability. In accordance with the said Regulations there is determined the order of plant varieties testing on patentability. This Resolution came into force on the date of publication thereof, i.e. on April 13, 2010.
With the adoption of this Resolution the Regulations No. 347 on the state testing of plant varieties on patentability, approved by the Cabinet of Ministers of the Republic of Belarus on June 3, 1996, are to be considered expired.
April 30, 2010
New legislation on copyright is being developed in Belarus
The draft law on copyright has been developed in Belarus and submitted to the parliament.
The new law on copyright is the largest revision of legislation in this area in Belarus since 1996, as the practice of interaction between authors and users of authors' products has shown that Belarus needs to adopt a new legislation on copyright and related rights.
The draft law stipulates a range of new rights to an author that will give him the right to monitor the integrity of his work.
In particular, the draft law stipulates broadening the content of the exclusive rights that authors and designers have in respect of works of science, literature and art they create. In accordance with the draft law, an author has the exclusive right to use his product at his discretion in any form or by any means. At the same time, under the current law on copyright and related rights the list of property rights (for dissemination, distribution, rent and other rights) that belong to the authors is limited. The draft law solves this problem.
The draft law also introduces new rights in respect of computer programs, including the right to install and to run them. The inviolability right of copyrighted works is also to be introduced. This means that without the consent of the author no changes, reductions and additions are allowed to be introduced into his product. The author may oppose any distortion of his work or other derogatory act, which may impair his honor and dignity.
The new draft law stipulates the procedure of execution of the license agreement, agreement on the cession of rights, agreement on creation and use of intellectual property rights, the procedure of the author's compensation and other aspects.
April 30, 2010
Latvia Ratifies Patent Law Treaty
On March 12, 2010, Latvia ratified the Patent Law Treaty, adopted in Geneva on June 1, 2000.
The Treaty is dircted to harmonize and rationalize formal procedures set by national or regional patent offices for the filing and maintenance of patents.
The Treaty will enter into force, with respect to the Republic of Latvia, on June 12, 2010.
April 23, 2010
Mikhailyuk, Sorokolat and Partners opens a new office in Kazakhstan
We are pleased to announce that our company now also has an office in Almaty city, Kazakhstan.
The existence of own office in Almaty allows us to provide a new level of services for our clients - now we can offer direct filing of all kinds of applications with Kazakh Patent Office. Collaboration with Kazakh patent attorneys makes it possible to avoid intermediation and to save time. Direct guidance over the process of registration of intellectual property rights enables our company to bring into action all the services at the earliest.
The head office in Ukraine has a complete control over the patenting procedure at all its stages and what is more important - over the meeting of deadlines.
Furthermore, due to all these facts our prices have got more competitive and the whole procedure has become more cost-effective. Especially, it has had an impact on office action processing, renewals and annuities.
Thus, owing to the close contact with Kazakh Patent Office we are able to solve even more complex tasks our clients set before us. We would be glad to provide you with assistance in the field of protection of intellectual property rights in Kazakhstan and to see you as our client.
April 16, 2010
Registration Policy Change of domains in .RU Zone
As from April 1, 2010 domains, not documentary confirmed, may become disconnected. Those web-sites, whose owners have not undergone the identification procedure, will receive the unverified status.
Unverified domains will not be deleted from the registry automatically and sites located at these addresses will continue to work. However, the registrar has the right to disconnect the domains in its own discretion, as they will have the status of belonging to nobody. If the owners do not declare and confirm their rights to domains within two months, they will lose those rights.
New rules, under which the site owners are to undergo the identification procedure, were adopted in July 2009. As from October 1, 2009 domains ceased to be registered without documentary proof of administrators identity. Owners of web-sites that were registered prior to October, 2009 were to undergo this identification procedure by April 1, 2010.
Moreover, even in those cases when domains were identified and confirmed, the registrar at any time has the right to request the data again. With domains having a verified status for submission of documents the administrator will have 10 days, with domains having unverified status he will have 3 days. Reluctance to provide confirming documents may result in suspension of the domain delegation. Moreover, the suspension is also possible upon request issued by the law enforcement agencies.
Finally, to sale the domains administrators have to provide their data once again. This measure may help to improve the struggle against cybersquatters occupying domains with the aim of further sale off. On the other hand, some experts believe that disconnecting the domains without the necessity of obtainment the corresponding court decision significantly rises the risk of Internet-raiding.
It is worth mentioning that representatives of the co-ordination centre had intention to clean up the Internet by introducing new tough rules a year ago. However, initially they concerned RF zone, while appeared to be applicable to RU zone as well.
March 31, 2010
Ukraine has ratified the Singapore Treaty on the Law of Trademarks
On April 15, 2010 Verkhovna Rada of Ukraine ratified the Singapore Treaty on the Law of Trademarks.
The Singapore treaty adopted in Singapore on March 27, 2006 establishes common, international standards for administrative trademark registration procedures.
The Singapore Treaty allows to neutralize weaknesses of existing variety of national and regional trademark registration procedures, harmonizing and simplifying their procedural rules. Moreover, it covers only the formal requirements of procedural and allied rights and obligations of the state and the applicant.
The ratification of the Treaty allows full-fledged functioning of the state system of intellectual property protection on the level of developed countries and strengthens the diplomatic positions of Ukraine.
The Treaty provides simplification of formalities in the procedure of obtaining rights for trademarks, including the improvement of technology in the field of information transmission by electronic means of communication.
The Treaty will enter into force with respect to Ukraine on May 24, 2010.
March 31, 2010
The term for payment of the trademark registration fee can be extended in Azerbaijan
According to Azerbaijan trademark legislation if a decision of acceptance of the trademark for registration is issued the applicant should pay the official fee for registration of the trademark within 2 months from the date of this decision.
The new amendment to the trademark legislation stipulates that now the applicant has the right to extend this term of payment of the official fee for trademark registration for 4 additional months by filing the corresponding request and paying the additional fee in the stipulated amount.
March 31, 2010
The Law of the Republic of Belarus “On implementation of the Special Part of the Tax Code of the Republic of Belarus” became valid
The Republic of Belarus has introduced amendments into the tax law since the begining of this year upon introduction of the Law of the Republic of Belarus “On implementation of the Special Part of the Tax Code of the Republic of Belarus, on amendments to the General Part of the Tax Code of the Republic of Belarus and on invalidation of some legislative acts of the Republic of Belarus and their particular provisions on taxation”. After introduction of the Special Part of the Code a number of legal acts which earlier were in force in the territory of the Republic of Belarus became invalid. At present the procedure of national and local taxation (taxpayers, subject of taxation, the tax base, tax rates, the lists of tax benefits, as well as the calculation procedure, the terms of payment thereof and submission of tax declarations, special tax regimes) is stipulated by the Special Part of the Tax Code of the Republic of Belarus.
The Tax Code of the Republic of Belarus is now a major legislative act that stipulates the procedure of calculation and payment of taxes and duties in the territory of the Republic of Belarus.
March 15, 2010
The President of the Russian Federation signed the law on disposal of the exclusive trademark right
On February 24, 2010 the President of the Russian Federation signed the law eliminating the contradiction concerning registration of agreements on disposal of the exclusive trademark right.
The Federal Law “On acknowledging expired Item 2, Article 1490 of the Part IV of the Civil Code of the Russian Federation” was adopted by the State Duma on February 12, 2010 and approved by the Federation Council on February 17, 2010.
The Law is aimed at eliminating the contradiction between Item 2, Article 1490 and Item 2, Article 1232 Part IV of the Civil Code of the Russian Federation, differently defining state agency that regulates the procedure of registration of agreements on disposal of the exclusive trademark right.
In accordance with Item 2, Article 1490 of the Civil Code of the Russian Federation such a procedure is established by the federal executive authority performing normative and legal regulation in the field of intellectual property, while in accordance with Item 2, Article 1232 such a procedure is established by the Government of the Russian Federation. In connection with this the Federal law stipulates acknowledgement of expiration of the provision of Item 2, Article 1490 of the Civil Code of the Russian Federation.
Thus, the procedure of the registration of agreements on disposal of the exclusive rights relating to results of intellectual activity and means of individualization has been related only to the competence of the Government of the Russian Federation.
March 15, 2010
The Law of the Azerbaijan Republic "On Patent" has entered into force
As from the beginning of January 2010 the Law of the Azerbaijan Republic "On patent" has come into force. The amended law stipulates the following issues:
• Item 3, Article 10 of the Law stipulates the possibility of extending the validity term of the national patent for an invention. Namely, "If the object of a patent for an invention relates to a product or a method of manufacturing a product that is subject to administrative processing in accordance with the legislation, at the request of the patent owner patent protection may be extended for five years. The request for extension should be filed within the period of a patent validity."
• Item 3, Article 38 stipulates the possibility of reinstatement of the national patent for an invention that lapsed due to non-payment of annuity for maintaining thereof in force. Namely, "The patent owner who has not paid the prescribed annuity for maintaining the validity of the patent for an invention, utility model and industrial design in time, has the right to reinstate the patent validity within 5 years from the expiration date by paying the corresponding state fee. Enclosed to the request of the patent owner should be a copy of the document confirming payment of the outstanding annuities.
In accordance with the rule 16, Item 5 and rule 39, Item 1 of the Patent Regulations under the Eurasian Patent Convention, these norms can be applied to the Eurasian patent.
February 26, 2010
The Federal Council of the Russian Federation approved the law on increase of terms associated with the examination of a trademark application
The Federation Council of the Russian Federation approved the law on increase of terms associated with the examination of a trademark application. The corresponding amendments are introduced into Article 15.01 of Part IV of the Civil Code of the Russian Federation. In view of the adoption of the Federal Law "On ratification of the Singapore Treaty on Trademark Laws" the term for filing a request for restoration of the missed term to dispute the decision of the federal executive authority on intellectual property about the registration of a trademark is increased from two to six months.
February 18, 2010
Amendments to the Statute of Fees in Tajikistan
As of February 10, 2010 the Tajik government has introduced amendments to the statute of fees. According to these amendments some of the compulsory as well as some of the procedural payments for patents, petty patens and designs have slightly increased. Specifically, increased have been the official fees for filing and registration as well as for payment of annuities, patent reistatement and for filing request for term extension for responding to office actions.
On the contrary, some of the compulsory and procedural payments associates with a trademark registration in Tajikistan have been slightly reduced in accordance with the adopted to the statute of fees amendments. Thus, reduced have been the official fees for filing and examination of a trademark application, official fees in respect of reinstatements of various terms missed by the applicant, as well as the fees for registration and renewal of a certificate.
February 2, 2010
The validity term of a patent for industrial design may be extended in the Azerbaijan Republic
The Patent Office of the Azerbaijan Republic has prepared the Decree on introduction of amendments to the Patent Law of the Azerbaijan Republic, which is now under consideration in the Cabinet of Ministers. The main amendment relates to the possibility of extension of validity term of a patent for industrial design for additional 5 years. In this respect the amendments will also be introduced to the official fees related to the mentioned procedure of extension. The Decree is not expected to come into effect until summer 2010.
February 2, 2010
The extension period for office action responses was shortened to three months in Uzbekistan
The Patent Office of Uzbekistan has introduced the amendment to the procedure for prosecution of national trademark applications. In Uzbekistan, responses to office actions must be filed within three months from the mailing date of the office actions. Since December 2009 the period of extension of term for filing the response have been shortened from six months to three months. The official fee for an extension is 84 USD per each month.
January 29, 2010
On Implementation of Administrative Procedures in Belarus
The Law of the Republic of Belarus of January 4, 2010 "On introducing amendments and supplements to some laws of the Republic of Belarus concerning implementation of administrative procedures" (hereinafter - the Law) is to become valid on February 5, 2010. Said Law introduces amendments and supplements to the laws of the Republic of Belarus of April 13, 1995 "On Plant Varieties Patents ", of December 7, 1998 "On legal protection of topographies of integrated circuits" and of July 17, 2002 "On the Geographical Indications."
The law stipulates the following issues:
• requirements in regard to documents on a variety patent application, topography application, an application for registration and the right to use the appellation of origin (hereinafter - application) are determined by the Government of the Republic of Belarus;
• if the application documents are executed not in accordance with the set standards, the applicant will be invited to submit properly executed documents within two months from the date of receipt of the corresponding Notification from the Patent Office. At the applicant’s request this term may be extended, but not more than for twelve months, provided that the request for extension is received before the expiration of that term. If the applicant does not provide the requested materials or a request to extend the deadline within the specified term, there is issued the decision on refusal to grant a plant variety patent, a topology certificate, on refusal to register the appellation of origin and the right to use it or on refusal to grant the right to use already registered appellation of origin, and the applicant shall be notified about that;
• a preliminary examination of an application for a variety patent and an application for registration and the right to use the appellation of origin should be carried out within three months from the application filing date;
• the term, the applicant has to appeal the decision of the patent authority in the Board of Appeals under the patent authority, has been increased from three months to one year. The decision on appeal shall be taken within one month from the date of receipt thereof.
Within three months from the date the Law enters into force, the Belarus Government resolutions, as well as normative and legal acts of the republican authorities of state administration subordinate to the Government should be adjusted in compliance with the Law.
January 24, 2010
On adoption of the Resolution ¹ 1719 of the Council of Ministers of the Republic of Belarus
In order to implement the provisions of the Law of the Republic of Belarus of July 15, 2009 "On Amendments and Supplements to the Law of the Republic of Belarus "On Trademarks and Service Marks" (hereinafter - the Law) on December 28, 2009 the Council of Ministers of the Republic of Belarus adopted the Resolution ¹ 1719 "On Approval of Regulations on the registration of a trademark and a service mark and on introducing amendments into certain resolutions issued by the Belarus Council of Ministers".
The Regulations on registration of a trademark and a service mark represent a complex document that is aimed at regulating such issues as compilation, filing and examination of an application for a trademark and service mark, the recordal of data on trademark registration into the State Register of Trademarks and Service Marks of the Republic of Belarus, amendments, renewals and termination of a trademark registration. So during their development there were systematized the procedural norms of the official normative legal acts, procedure of compiling and filing a trademark and a service mark application, procedure of prosecuting a trademark and a service mark application and procedure for examining a trademark and service mark application that were subject to abolishment from January 25, 2010. The Regulations also contain a section determining the procedure of the recordal of data on trademark registration into the State Register, amendments, renewal of the registration term and termination of a trademark legal protection.
In addition, the Regulations on the registration of a trademark and a service mark further include the norms defining the procedure for familiarization with the application materials and the procedure of transforming a collective mark or an application for registration thereof into a trademark of one of the persons entitled to use it in accordance with the regulations on a collective mark or into an application for registration thereof.
Due to the fact that the Law abolished the recordal of assignment on a trademark, trademark pledge and license agreements, the corresponding changes have been introduced into the Resolution ¹ 1642 of the Council of Ministers of November 30, 2007 "On Approval of the list of administrative procedures implemented by the State Committee on Science and Technology and the subordinate state organisations in respect of legal persons and individual entrepreneurs" and into the Resolution ¹ 346 of March 21, 2009 "On registration of license agreements, assignments, pledge agreements on industrial property objects and of complex business license (franchise)". Recordal of a trademark or a service mark assignment, amendments in the assignment deed or termination thereof will be carried out in accordance with the procedure prescribed for introducing amendments into trademark registration.
The Resolution also authorizes the State Committee on Science and Technology of the Republic of Belarus to approve forms of documents required for filing and prosecution of a trademark and a service mark application, amending, renewing and terminating a trademark registration.
Resolution ¹ 1719 of the Belarus Council of Ministers of December 28, 2009 "On Approval of Regulations on the registration of a trademark and service mark and on introducing amendments into certain resolutions issued by the Belarus Council of Ministers" will become valid simultaneously with the Law, i.e. on January 25, 2010.
January 23, 2010
Registration of domain names in Cyrillic zone "RF"
"RF" is the first top-level domain allowing to place web sites on domain names, recorded solely in characters of the Russian language.
Until November 25, 2009 there took place the reservation of a limited list of domain names for state authorities, federal executive bodies and executive authorities of the Russian Federation entities.
As from November 25, 2009, there also started the stage of priority registration, so that the first address domain "RF" could be obtained by the owners of famous trademarks in order to avoid fraud associated with the sale of addresses, using well-known names or brands.
Many domain names in the first Cyrillic zone "RF" formed the queues of applicants - trademark owners. For some of the names there are making a play 5 applicants, however the right to a domain under the existing rules is awarded to the applicant, who was the first to file an application.
At present for the trademark owners there have been reserved more than 5 thousands of domain names. This means that 35 percent of more than 8 thousands of applications in total have been rejected due to various reasons. In the majority of cases refusals are received by those trademark owners who have filed applications for domain names not fully reproducing trademarks, and by owners of trademarks containing Latin letters which contravenes the requirements of an application for the "RF" domain. Some companies have also received refusals for reservation of domain names, intended for state needs. Thus, Philip Morris, the company-manufacturer of cigarettes, was unable to secure for itself a domain name parlament.rf.
As the practice shows, it is difficult to avoid conflict situations in the process of obtaining the names in the first Cyrillic zone. Within a day after the launch of addresses reservation in the "RF" zone, the fact that in the first Cyrillic addresses there appeared such remarkable words as kino.rf (cinema), bank.rf, mama.rf, molodost.rf (yourth), nadezhda.rf (hope) and schaste.rf (happiness) caused widespread dissatisfaction of the public opinion suspecting cybersquatters intrusion into "RF" zone. Then there were issued the refusals on Cyrillic domains reservation for such popular projects as "Odnoklassniki" (russian network similar to facebook) and Mail.ru (popular mailing service), as their trademarks contain Latin characters that contradicts the rules of registration. The above made experts think about improvement of the Regulations on registration.
The Coordination Center reminds that from November, 25 to March, 25 there takes the stage of domain names reservation for state needs and for trademark owners. The ability to write the names of web-sites in Russian was to secure governmental authorities and trademark owners from cybersquatters - fraudsters reselling popular domain names. Open registration for everyone begins on July 2010.
January 22, 2010
On adoption of the Resolution ¹ 1679 of the Council of Ministers of Belarus
On December 22, 2009 the Belarus Council of Ministers adopted the Resolution ¹ 1679 "On Approval of Regulations on the procedure of filing appeals, objections, requests and their consideration by the Board of Appeal under the patent authority".
The adoption of this resolution has been stipulated by the necessity to implement the provisions of the Law of the Republic of Belarus of July 15, 2009 "On Amendments and Supplements to the Law of the Republic of Belarus "On Trademarks and Service Marks" (hereinafter - the Law).
The Regulations on the procedure of filing appeals, objections, requests and their consideration by the Board of Appeal under the patent authority (hereinafter - Regulations) have been developed based on existing law enforcement practice of pre-trial examination of disputes by the Board of Appeal under the patent authority and is aimed at its improvement.
The Regulations determine the list of appeals, objections and requests, procedure, terms of submission and consideration thereof by the Board of Appeal under the patent authority (hereinafter - the Board of Appeal) and contain a number of changes:
• as to the necessity of submitting a search report, conducted by the patent authority, together with the previously stipulated documents for the objection in respect of grant of a utility model patent;
• as to appeals that may be filed within one year from the date of receipt by the applicant of the decision of the patent authority or from the date of receipt by the applicant of the requested from the patent authority copies of the materials opposed to the application (earlier this term was 3 months);
• as to stipulation of the possibility to restore missed by the applicant deadlines for filing appeals;
• as to term reduction of consideration of appeals from 4 to 1 month. Within 1 month from the date of receipt by the Board of Appeal there also should be considered an appeal against the decision of preliminary examination on refusal to accept an application for a plant variety patent for consideration. Other objections, as well as all requests are to be considered within six months;
• as to introduction of the concept of abandonment of appeal, objection or request if their consideration is not within the competence of the Board of Appeal, if they are filed by unauthorized person or after the expiration of deadline, or do not contain a request for reinstatement of the missed term, as well as, if not all necessary documents are submitted. In case of abandonment of appeal, objection or request the documents submitted together with the appeal, objection or request are returned to the applicant. Appeal, objection or request can be filed again after elimination of the deficiencies that caused the abandonment of the appeal, objection or request;
• as to stipulation that the decision of the Board of Appeal on appeals and on objection against the decision of the preliminary examination on refusal to accept an application for a plant variety patent for consideration enters into force upon its adoption;
• as to stipulation that the decision of the Board of Appeal on the remaining objections and all requests enters into force after expiration of time for appealing thereof in accordance with the procedure established by the law.
The above Resolution of the Council of Ministers will become valid simultaneously with the Law of January 25, 2010.