Council of the USSR of May 30, 1972 N 2968-VIII (Vedomosti
Court expenses(Article 101-112)Chapter 10. Procedural terms(Art. 113-118)Chapter 11. Judicial fines(Art. 119-120)Chapter 12. Court Notices(Articles 121-124)
SECTION II. Production inthe arbitration court of first instance. claimproduction
Chapter 13. Filing a claim(Art. 125-132)Chapter 14. Preparation of the case forlegal proceedings (Articles 133-137)Chapter 15. Conciliatoryprocedures. amicable agreement (Articles 138-142)Chapter 16. Suspensionproceedings on the case (Articles 143-147)Chapter 17. Leaving an applicationwithout consideration (Articles 148-149)Chapter 18. Terminationproceedings on the case (Articles 150-151)Chapter 19. Judicialproceedings (Articles 152-166)Chapter 20. Decision of the arbitrationcourt (Articles 167-183)Chapter 21. Definitionarbitration court (Articles 184-188)
SECTION III. Production inthe arbitration court of first instance in cases,arising from administrative and otherpublic relations
Chapter 22. Featuresconsideration of cases arising fromadministrative and other publiclegal relations (Articles 189-190)Chapter 23 Consideration of Caseschallenging regulatory legal acts by a courtintellectual rights (Articles 191-196)Chapter 24. Consideration of cases aboutchallenging non-normative legal acts,decisions and actions (inaction) of statebodies, local governments, otherbodies, organizations endowed with federalby law by individual state or otherpublic powers, officials (Articles 197-201)Chapter 25. Consideration of cases aboutadministrative offenses (Articles 202-211)Chapter 26. Consideration of cases aboutcollection of compulsory payments and sanctions(Art. 212-216)
SECTION IV. Features of theproceedings in an arbitration court on individualcategories of cases
Chapter 27. Consideration of cases aboutestablishing facts having legalmeaning (st. 217-222)Chapter 27-1. Consideration of cases aboutawarding compensation for violation of the right tolegal proceedings within a reasonable time or the right toexecution of a judicial act within a reasonable time (Article 222-1-222-9)Chapter 28. Consideration of cases aboutinsolvency (bankruptcy) (Articles 223-225)Chapter 28-1. Consideration of cases oncorporate disputes (Article 225-1-225-9)Chapter 28-2. Consideration of cases aboutprotection of the rights and legitimate interests of a group of persons(Art. 225-9-225-17)Chapter 29. Consideration of cases insimplified procedure (Articles 226-229)Chapter 30. Proceedings on caseson challenging decisions of arbitration courts and onissuance of writs of execution for compulsoryexecution of decisions of arbitration courts (Articles 230-240)Chapter 31. Proceedings on caseson the recognition and enforcement of decisionsforeign courts and foreign arbitrationdecisions (Articles 241-246)
SECTION V. Production according tocases involving foreigners
Chapter 32. Competencearbitration courts in the Russian Federation onconsideration of cases involving foreign persons(Art. 247-252)Chapter 33. Featuresconsideration of cases with the participation of foreign persons(Art. 253-256)
SECTION VI. Production byrevision of judicial acts of arbitration courts
Chapter 34. Production inarbitration court of appeal(Art. 257-272)Chapter 35. Proceedings in courtcassation instance (Articles 273-291.15)Chapter 36. Production ofrevision of judicial acts by way of supervision (lostforce)Chapter 36.1 Production byrevision of judicial acts by way of supervision (Articles 308.1-308.13)Chapter 37. Production ofrevision of judicialacts on new or newly openedcircumstances (Articles 309-317)
SECTION VII. Proceedings on casesrelated to the execution of judicial actsarbitration courts (Articles 318-332)
President of Russian FederationV. Putin
Moscow KremlinJuly 24, 2002N 95-FZ
MINISTRY OF EDUCATION AND SCIENCERUSSIAN FEDERATION
ORDER
dated October 29, 2008 N 325
ON APPROVAL OF ADMINISTRATIVE REGULATIONSEXECUTION BY THE FEDERAL SERVICE FORINTELLECTUAL PROPERTY, PATENTS ANDTRADEMARK OF THE STATE FUNCTION ONORGANIZATIONS FOR RECEIVING APPLICATIONS FOR INDUSTRIALSAMPLE AND THEIR CONSIDERATIONS, EXAMINATIONS AND ISSUES INTHE ESTABLISHED ORDER OF RUSSIAN PATENTSFEDERATIONS FOR INDUSTRIAL MODEL
In accordance with clause 9 of the Development Procedure andapproval of administrative regulationsexecution of state functions(provision of public services),approved by the Government DecreeOf the Russian Federation of November 11, 2005 N 679(Collection of legislation of the RussianFederation, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, Art.2063), I order:
1. Approve the attached Administrativeregulations for the execution of the Federal Service forintellectual property, patents andtrademarks of the state function onorganizing the acceptance of applications for industrialsample and their examination, examination and issuance inthe established procedure of patents of the RussianFederation for an industrial design.
2. To recognize as invalid the Order of the RussianAgency for Patents and Trademarks of June 62003 N 84 “” On the Rules for the preparation, filing andconsideration of an application for a patent forindustrial design “” (registeredMinistry of Justice of the Russian Federation 20June 2003, registration N 4813; Russiannewspaper, July 11, 2003, N 137).
3. Send this Order tostate registration with the Ministryjustice of the Russian Federation.
4. Control over the execution of this Orderto assign to Deputy Minister FridlyanovV.N.
The ministerA. FURSENKO
application
ApprovedBy orderMinistry of Education and ScienceRussian Federationdated October 29, 2008 N 325
ADMINISTRATIVE PERFORMANCE REGULATIONSFEDERAL INTELLECTUAL SERVICEPROPERTY, PATENTS AND TRADEMARKSSTATE FUNCTION FOR ORGANIZATION OF RECEPTIONAPPLICATIONS FOR INDUSTRIAL DESIGN AND THEIRCONSIDERATIONS, EXAMINATIONS AND ISSUES INTHE ESTABLISHED ORDER OF RUSSIAN PATENTSFEDERATIONS FOR INDUSTRIAL MODEL
I. General Provisions
1. Administrative regulationsexecution by the Federal Service forintellectual property, patents andtrademarks of the state function onorganizing the acceptance of applications for industrialsample and their examination, examination and issuance inthe established procedure of patents of the RussianFederation for an industrial design (hereinafter -Regulations) defines the terms andsequence of actions (administrativeprocedures), the order of interaction betweenstructural divisions of the Federalintellectual property services,patents and trademarks (hereinafter – Rospatent), andalso his interactions with citizens andlegal entities when accepting applications forindustrial design and their consideration,examination and issuance in accordance with the established procedurepatents of the Russian Federation for industrialsample.
2. Execution of the state functionon the organization of receiving applications for industrialsample and their examination, examination and issuance inthe established procedure of patents of the RussianFederation for an industrial design (hereinafter -state function) is carried outRospatent with the participation of federalgovernment agencies located in itsmanagement, with the assignment of subordinatefederal government agenciespreparatory work forimplementation by Rospatent of legally significantactions related to legal protectionresults of intellectual activity andmeans of individualization.
Federal government agency”” Federal Institute of Industrialproperty of the Federal Service forintellectual property, patents andtrademarks “” in accordance with itsstatutory activities provide trainingdraft documents related to the executionstate function, to sign themHead of Rospatent or authorized by himofficials. By the relevantpowers specified officialsendowed by the approval of their officialinstructions or issuance of relevant ordersRospatent.
Federal government agency”” The Chamber for Patent Disputes of the Federalintellectual property services,patents and trademarks “” (hereinafter – FGU”” The Chamber for Patent Disputes “”) within the framework of itsstatutory activity ensures compliancethe legally protected rights and interests of applicants andholders of rights to the results of intellectualactivities and means of individualization, andalso the observance of the legal rights and interests of otherindividuals and legal entities upon admission toadministrative decisions based on resultsconsideration of objections and statements relatedCode of competence of the Federal State Institution “” Chamber ofpatent disputes “”.
3. Execution of the state functioncarried out in accordance with:
The Convention for the Protection of Industrialproperty dated March 20, 1883 (hereinafter -Paris Convention), ratified by DecreeOf the Presidium of the Supreme Soviet of the USSR on September 191968 N 3104-VII “” On the ratification of the Stockholm ActParis Convention for the Protection of Industrialproperty and the Convention establishingThe World Intellectual Organizationproperty “” (Bulletin of the Supreme CouncilUSSR, 1968, No. 40, art. 363);
Locarno Agreement of October 8, 1968,establishing the International Classificationindustrial designs (hereinafter – MKPO),ratified by the Decree of the Presidium of the SupremeCouncil of the USSR of May 30, 1972 N 2968-VIII (VedomostiOf the Supreme Soviet of the USSR, 1972, N 23, art. 196);
The Civil Code of the Russian Federation(Collection of legislation of the RussianFederation, 1994, N 32, art. 3301; 2006, N 52, Art. 5496; 2008, N 27, Art.3122) (hereinafter – the Code);
Federal Law of May 2, 2006 N 59-FZ “” Onthe procedure for considering citizens’ appealsOf the Russian Federation “” (Collectionlegislation of the Russian Federation, 2006, N 19,Art. 1984 summart 2060);
Decree of the Government of the RussianFederation of June 16, 2004 N 299 “” On approvalRegulations on the Federal Service forintellectual property, patents andtrademarks “” (Collection of legislationRussian Federation, 2004, N 26, art. 2668; 2005, N 17, Art. 1577);
By the Resolution of the Council of Ministers -Of the Government of the Russian Federation of August 121993 N 793 “” On approval of the Regulation on feesfor patenting inventions, utility models,industrial designs, registration of commercialsigns, service marks, names of placesorigin of goods, granting the rightuse of appellations of origingoods and Regulations on registration fees forofficial registration of programs forelectronic computers, databases andtopologies of integrated circuits “” (hereinafter -Regulation on Fees) (Collection of Acts of the Presidentand the Government of the Russian Federation, 1993, N 34, art.3182; Collection of legislation of the RussianFederation, 1996, N 34, art. 4123; 1997, N 16, Art. 1902; 34, Art. 3993;1998, No. 14, Art. 1601; 2002, No. 3, Art. 219; 2003, N 28, Art. 2928; 2004, N 48, Art.4807; 2007, N 6, Art. 760).
4. Description of execution resultsstate function.
The results of the execution of the statefunctions are:
making a decision on granting a patent to the RussianFederation for an industrial design (hereinafter – patentfor an industrial design) and the issuance of a patent forindustrial model;
making a decision to refuse to issue a patent forindustrial model;
deciding on the recognition of an application for issuanceindustrial design patent (hereinafter referred to as the application)withdrawn;
notice of withdrawal on requestthe applicant.
Procedure for the execution of a state functionends:
the issuance of a patent for an industrial design;
sending the applicant a decision to refusegrant of a patent for an industrial design;
sending the applicant a decision on recognitionwithdrawn application;
sending the applicant a notice of revocationapplications.
Rospatent’s decisions to grant a patent forindustrial design, on refusal to grant a patentfor an industrial design, on the recognition of an applicationwithdrawn, as well as notification of withdrawal of the applicationat the request of the applicant are signedthe head of Rospatent.
Officials specified in clause 2of this Regulation, prepare projectsthese decisions to sign themthe head of Rospatent, and also signdocuments related to the preparation of decisions(requests, notifications, letters).
5. Description of the applicants.
5.1. In accordance with paragraph 1 of article1374 of the Code, the application is filed with Rospatent by a personhaving the right to obtain a patent,specified in paragraphs 1, 2 of Article 1357, paragraph 3 of Article1370, paragraph 1 of article 1371 and paragraph 1 of article 1373 of the Code(hereinafter referred to as the applicant).
According to paragraph 1 of Article 1357 of the Code, the right toobtaining a patent for an industrial designoriginally owned by the author of industrialsample.
According to paragraph 2 of Article 1357 of the Code, the right toobtaining a patent for an industrial design maytransfer to another person (assignee) or betransferred to him in cases and on grounds thatestablished by law, including in the orderuniversal succession, or by agreement,including under an employment contract.
According to paragraph 3 of Article 1370 of the Code, the right toobtaining a patent for a service industrialthe sample belongs to the employer, if the laboror other agreement between the employee andthe employer does not provide otherwise.
According to paragraph 1 of Article 1371 of the Code in the case,when an industrial design is created whenperformance of a work contract or contract forperforming research,experimental design or technologicalworks that did not directly provide for itcreation, the right to obtain a patent for suchthe industrial design belongs to the contractor(to the performer), if the agreement between him andthe customer does not provide otherwise.
According to paragraph 1 of Article 1373 of the Code, the right toobtaining a patent for an industrial design,created when performing work onstate or municipal contractfor state or municipal needs,belongs to an organization performingstate or municipal contract(performer) if the state orthe municipal contract does not provide thatthis right belongs to the Russian Federation,subject of the Russian Federation ormunicipality, on behalf of whichstate or municipalthe customer, or jointly with the contractor andOf the Russian Federation, performer and subjectRussian Federation or performer andmunicipality.
Confirmation of the right to obtain a patentany document is not required.
5.2. Submission of an application maycarried out by the applicant independently orthrough a patent attorney,registered with Rospatent, or throughother representative.
Citizens permanently residing outsidethe territory of the Russian Federation, and foreignlegal entities conduct business with Rospatent throughpatent attorneys registered withRospatent, if an international treatyThe Russian Federation does not provide otherwise.
Powers of a patent attorney or othera representative is certified by a power of attorney,issued by the applicant, patentee.
II. Requirements for the order of executionstate function
6. Procedure for informing about the rulesexecution of state functions.
6.1. Information about the rules of executionstate function is represented:
at information stands in Rospatent;
at the consultation center by employeesRospatent, whose responsibilities includecounseling;
on the website of Rospatent, in the official bulletinsRospatent, in the media,publications of information materials (brochures,booklets, etc.).
6.2. Location detailsRospatent, reference telephone numbers of structuraldivisions, Internet addresses, addressese-mails of Rospatent are posted onRospatent website at the following addresses: http://www.fips.ru,http://www.rupto.ru.