Legal alerts / 6.10.2020

New changes in the procedure for early termination of legal protection of intellectual properties

On 4 October 2020 a new Regulation on early termination of legal protection of objects of patent law, trademarks and other means of individualization[1] came into force. It replaced the previous version of the Regulation, No. 603 dated 27 August 2015.

According to the new Regulation, duties and other fees will no longer be collected for the provision of public services. Thus, this procedure has become free for right holders.

The time to provide the public service has been reduced from sixty working days from the date Rospatent receives the application to thirty working days.

The Regulation provides for two additional grounds for Rospatent to refuse to accept documents: submission of an application in a form other than that approved in a new version by Order No. 549 of the Ministry of Economic Development of Russia dated 20 August 2020[2] and failure to comply with the requirements for filing documents in electronic form. Previously, documents could only be rejected if they were not submitted in Russian, if there was no patent or certificate number in the submitted application, or if the documents were illegible.

In addition, now all interested persons, not only applicants, have the right to lodge a pre-trial (out-of-court) appeal against the actions (inaction) and/or decisions of Rospatent and its officials taken in the course of providing a public service.

These and other amendments to the Regulation are aimed at improving the procedure for terminating the legal protection of objects of patent law, trademarks and other means of individualization at the right holder’s initiative, which will incentivize right holders to apply in a timely manner for cancellation of the legal protection of objects that have lost their relevance.

 

[1] Rospatent’s Order No. 103 dated 27 July 2020 “On approval of the Administrative Regulation for the provision by the Federal Service for Intellectual Property of the state service for early termination of a patent for an invention, utility model, industrial design, legal protection of a trademark, service mark, collective mark, well-known trademark, the effect of the exclusive right to geographical indication or appellation of origin of goods at the request of the right holder” (Registered with the Ministry of Justice of Russia, No. 5 dated 14 September 2020).

[2] Order of the Ministry of Economic Development of Russia No. 549 dated 20 August 2020 “On approval of the form of application for early termination of the patent for an invention, utility model, industrial design, application form for early termination of legal protection of a trademark, service mark, collective mark, well-known trademark, the effect of the exclusive right to a geographical indication or appellation of origin of goods, as well as invalidation of Order No. 603 of the Ministry of Economic Development of Russia of 27 August 2015 “On approval of the Administrative Regulation for the provision by the Federal Service for Intellectual Property Rights of the Russian Federation…” (registered with the Ministry of Justice of Russia, No. 59980 dated 22 September 2020).

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