Optional pre-grant publication of design applications introduced in Russia

3 minute read
25 January 2019

This article first appeared on WTR Daily, part of World Trademark Review, in January 2019. For further information, please go to www.worldtrademarkreview.com.

  • New federal law "On amendments to Part IV of the Civil Code" will take effect on 26 June 2019
  • New law allows publication of information on design applications at applicant's request and provides temporary protection for industrial designs
  • New law represents next step in continued harmonisation of Russia's design law

Russia's new federal law, "On amendments to Part IV of the Civil Code" under No 549-FZ, has passed all readings in the legislature and was signed by President Putin on 27 December 2018. It will take effect on 26 June 2019.

The new law allows the publication of information on industrial design applications at the applicant's request (Clause 4 of Article 1385 of the Civil Code) and provides temporary protection for industrial designs since the date of such publication (Clause 1 of Article 1392 of the Civil Code).

Industrial design applications filed for registration with the Russian Patent and Trademark Office will now enjoy temporary protection from the date the application is published until a design patent is granted. Temporary protection will be granted based on a combination of the design's essential features, as displayed on a graphic representation of its appearance. 

Applicants who choose to publish information about their applications will be allowed to seek monetary compensation for unauthorised copying or imitation of their designs if this occurs during the period between the application's publication and the issue of a design patent.

It has been almost a year since the option of using the international Hague registration system was added to the Russian national system of industrial design registration. Following Russia's ratification of the Geneva Act of the Hague Agreement, foreign companies and designers can now seek design protection through the Hague System for the International Registration of Industrial Designs in Russia.

The new law is the next step in the continued harmonisation of Russia's national design law. This harmonisation is aimed at supporting the consumer goods industry by strengthening industrial design protection mechanisms. It is welcomed by the fashion and consumer goods industries, whose seasonal goods lacked this much-needed immediate protection.

The new law is expected to stimulate the number of design applications filed for protection and to contribute to the overall development of the country's consumer goods industry. 

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