Draft Law concerning amendments and supplements to the Russian Federation Patent Law of 23 September 1992 ¹ 3517-1

In 2003 legislation regulating legal relations concerning inventions, utility models and industrial designs was sufficiently renovated. The Federal Law of 7 February 2003 ¹ 22-ÔÇ stipulated for the amendments and supplements to the Russian Federation Patent Law of 23 September 1992 ¹ 3517-1 (hereinafter – The Patent Law), which contributed to the effectiveness of law protection of the rights for these objects.

At the same time practice shows that several questions call for additional normative regulation at law level. A draft of a new law concerning amendments and supplements to the Russian Federation Patent Law of 23 September 1992 ¹ 3517-1 is being prepared.

The aim of the proposed law is seen as the increase of effectiveness of law protection of utility models and industrial designs and eliminating the “drawbacks” discovered in the course of generalization of the law-enforcement practice.

The aims of the Law elaboration:

• Achievement of balance between the interests of the utility models and industrial designs owners and the demands of the society;
• Elimination of “drawbacks” in the law regulation of relations concerning law protection and usage of the utility models and industrial designs;
• Providing more comprehensive protection for industrial designs;
• Reduction of time needed for grant of such protection, reduction of labor and financial costs for preparing and expertise of the industrial design patent applications;
• Ensuring the performance of the Russian Federation international liabilities;
• Elimination of inaccuracies of certain provisions of the Patent Law, allowing dubious interpretation.

The Subject of the law regulation is the law relations concerning grant of law protection to the inventions, utility models, industrial designs, their usage and protection of the granted rights. The law will apply to the applicants and owners of the said subjects as well as to other subjects of the civil law relations.