The following main IPRs are protected in Russia:

Patents can protect inventions and utility models. To be protected, they must be granted and registered in Russia.

Patents for inventions. To be patentable, the subject matter of an invention must be a technical solution in any area of technology related to either of the following:

To be patented, an invention must meet the patentability requirements of novelty, inventive step, and industrial application.

The term of patent protection for inventions is 20 years from the filing date. However, patents for pharmaceuticals, pesticides and agrochemicals can be extended for another five years.

Patents for inventions can be obtained by filing an application with the Federal Service for Intellectual Property (Rospatent), or through an Eurasian/regional filing (including under the Patent Cooperation Treaty (PCT)).

Patents for utility models. A utility model is protected if it represents a technical solution related to a device. The utility model must be new and industrially applicable. The term of protection for utility models is ten years from the filing date and this period cannot be extended.

Patent applications for utility models (national and under PCT) must be filed with Rospatent.

See above, Patents.

To be protected in Russia, a trade mark must be filed with Rospatent. However, as Russia is a signatory to the WIPO Madrid Agreement Concerning the International Registration of Marks 1891 (Madrid Agreement) and the Protocol Relating to that Agreement 2004 (Madrid Protocol), international trade mark registrations can also be protected in Russia. An unregistered mark, or mark-in-use, is not protected, unless it has obtained "well-known" status through registration with Rospatent.

Any words, pictures, three-dimensional configurations and other marks may be registered as trade marks. The registration of non-traditional trade marks, such as sounds, colours and smells, is not prohibited by the law. To be registered, a mark must be new and distinctive (inherent or acquired distinctiveness).

It is not necessary to use the mark before applying for registration, and proof of use is not required when the trade mark application is filed. The owner must start using the trade mark within three years of its registration. If the mark is not used during the three-year term, any interested person can apply for cancellation of the trade mark protection on the grounds of non-use.

The national trade mark registration process takes approximately one year, and the registration process includes a formal and substantive examination.

Once registered, a trade mark is valid for ten years. Trade mark registrations can be renewed indefinitely for additional ten-year periods.

Copyright subsists in scientific, literary and artistic works fixed in any tangible medium of expression, regardless of benefit, purpose and method of expression. A work of authorship can be protected by copyright if it satisfies two fundamental requirements:

The following examples of works of authorship can obtain copyright protection:

Copyright law also protects compilations (for example, databases) and derivative works (for example, translations).

Essentially, copyright vests in a work of authorship from the moment it is created. There is no need to register or comply with any other formalities to acquire, use, exercise, transact, protect or enforce the copyrighted work. Optional registration with Rospatent is available for software and databases at any time during the term of the copyright protection.

Copyright law generally protects moral rights and exclusive rights. Moral rights belong to the author of a work and cannot be assigned or licensed. Moral rights and exclusive rights cannot be pledged or secured, and the waiver of such rights will be null and void.

The following moral rights remain with the author and are protected perpetually:

The author of the work, or another copyright owner, has the exclusive right to do and to authorise any of the following actions in relation to the work (original or copies):

The exclusive rights to any copyrighted work can be assigned, licensed, pledged or secured.

The general term of copyright protection is the life of the author plus 70 years following their death.

Design rights extend to solutions related to the outer appearance of articles. Designs are patentable in Russia if they are new and original.

The essential features of a design must define the aesthetic characteristics of an article, including its form, configuration, ornaments, combination of colours, lines, outlines, textures and patterns of materials. The technical functions of an article are not protected by design rights.

The initial term of protection for designs is five years from the filing date. The term of design protection can be extended several times for another five years. However, the maximum term of design protection must not exceed 25 years.

Patent applications for designs must be filed with Rospatent.

Trade secrets and confidential information can be protected as know-how. Know-how must not be registered. However, the owner of confidential information must undertake certain reasonable measures to maintain the confidentiality of the relevant information. If such measures are not implemented, the confidential information will not be protected. The know-how must have an actual or potential value for it to be legitimately protected from third parties.

One of the legal ways to acquire know-how protection is to implement the "trade secrets regime" under the Federal Law of the Russian Federation No. 98-FZ "On Trade Secrets" dated 29 July 2004. The owner must properly identify the confidential information, limit access to the confidential information (by establishing the appropriate procedure for dealings with the same), affix the notice "trade secret" to the medium where the confidential information is stored (along with the owner's details), and follow the other steps required by the law (for example, define the procedure for dealings with the confidential information).

If one or more of these steps are ignored or omitted by the owner of the confidential information, the "trade secrets regime" will not apply and the information will not be protected as know-how. However, the "trade secrets regime" is not the only option for know-how subsistence and protection, as the owner of confidential information may take certain other (reasonable) measures to preserve secrecy.

Know-how is protected for as long as it is kept secret by its holder. If confidentiality is lost, the exclusive right to know-how will lapse immediately.

Mask works cover integrated circuits' layouts. To be protected, a mask work must be creative/original and innovative.

Registration of a layout-design is not required, although optional registration with Rospatent can be carried out at any time during the term of protection.

The term of mask works protection is ten years from the earliest of:

Achievements of selection include plant varieties and animal breeds. To be protected, a plant variety or animal breed must be new, distinctive, uniform and stable.

Plant varieties and animal breeds must relate to botanical and zoological types of objects as defined by the Russian Ministry of Agriculture. The exclusive rights to achievements of selection are attested by the special patents issued by the Russian Ministry of Agriculture.

The general term of protection of achievements of selection is 30 years from the registration date. However, the term of protection is 35 years for plant varieties such as grapes, decorative trees, fruit cultures and forest varieties.

For further information about the main IPRs, see Patents, trade marks, copyright and designs in the Russian Federation.

The online databases of Rospatent are publicly available to conduct IP searches and to obtain any related information on registered IP rights and published applications. The online databases of the Eurasian Patent Organisation (EAPO) are also publically available to conduct patent searches and obtain relevant information on Eurasian patents and Eurasian published applications.

Information on Russian registered trade marks is available in the TMview online database system of the Office for Harmonization in the Internal Market (OHIM) (www.tmdn.org/network), while information on Russian registered designs is available in the "DesignView" online database system of OHIM (https://oami.europa.eu/eSearch). Information on international trade marks registered in Russia is also available in the Madrid Monitor online database of the World Intellectual Property Organization (WIPO) (www.wipo.int/madrid/monitor).

Various fee-based search tools are also available.

Possible IP infringements are usually monitored by the IP owners or their representatives, such as detective agents or law enforcement bodies (customs authorities). There is no centralised system or official search engine that detects IP infringements on the market; however, there are private companies and investigators offering these services.

See above, General.

See above, General.

See above, General. Possible trade mark infringements are usually monitored by the trade mark owners or their representatives, such as detective agents or law enforcement bodies (customs authorities), provided that the registered trade mark is recorded in the special Customs IP Register of the Federal Customs Service (FCS) of Russia. There is no centralised system or official search engine that detects trade mark infringements on the market; however, there are private companies and investigators offering these services.

There are no official registers for copyright. Software and databases, if registered, can be searched for in Rospatent online databases. Possible copyright infringements are usually monitored by copyright owners or their representatives, such as detective agents or law enforcement bodies (customs authorities), provided that the copyrighted work is recorded in the special Customs IP Register of the FCS of Russia. There is no centralised system or official search engine that detects copyright infringements on the market; however, there are private companies and investigators offering these services.

See above, General.

Trade secrets and confidential information are not subject to registration. Possible infringements of trade secrets and confidential information are usually monitored by the owners or their representatives, such as detective agents.

Mask works, if registered, can be searched for in Rospatent online databases. Possible infringements of mask works are usually monitored by the owners or their representatives, such as detective agents.

Achievements of selection can be searched in the online databases of the State Commission of the Russian Federation on the Examination and Protection of Achievements of Selection. Possible infringements of achievements of selection are usually monitored by the owners or their representatives, such as detective agents.

To maintain the registration and legally protectable status of its main IPRs, a business must apply to Rospatent and pay maintenance fees (annuities) and/or renewal fees.

The maintenance fees for invention patents accrue from the end of the second anniversary of the filing date and are payable on grant. The application for extension of the patent term for pharmaceuticals, pesticides and agrochemicals must be filed no later than six months from the date of grant of the first authorisation or the date on which the patent was granted (whichever is later).

An owner who fails to pay the maintenance fees has six months to make the payment and will incur an additional charge.

The maintenance fees (patent annuities) for utility model patents are payable from the first year of registration. The term of protection of utility model patents cannot be extended.

An owner who fails to pay the maintenance fees has six months to make the payment and will incur an additional charge.

Trade marks can be renewed every ten years for an unlimited number of times. Renewal applications must be filed during the last year of each ten-year period of trade mark protection. However, for an additional charge they can be renewed within six months following the expiration of the trade mark.

There is no need to maintain copyright protection as it is generally non-extendable.

The maintenance fees (patent annuities) for design rights accrue from the end of the second anniversary of the filing date and are payable on grant. Renewal applications must be filed during the last year of each five-year period of the term of design protection. An owner who fails to pay the maintenance fees has six months to make the payment and will incur an additional charge.

Trade secrets and confidential information are not subject to registration. Trade secrets are protected for as long as the confidential information is kept secret by its holder.

The term of protection of mask works is ten years and cannot be extended.

Patents for achievements of selection are valid for 30 years (35 years for certain achievements of selection). Maintenance fees (patent annuities) are payable from the first year after registration of a plant variety or animal breed.

To avoid infringing another party's IPRs, a business should consider taking the following steps:

To monitor whether another party is infringing their IPRs, a business should consider taking the following steps:

The main steps in conducting an IP audit to determine the content and quality of an IP portfolio are:

See above, IP audit. In addition, any disclosure statements and publications describing the invention or utility model must be requested and audited. Patent prosecution files must also be reviewed. Further, the compensation paid to employees for the inventions created and used in the course of employment relations must be audited.

See above, Patents.

See above, IP audit. In addition, any actual and documentary confirmation of trade mark use in connection with all covered goods and services must be requested and audited. Trade mark prosecution files must also be requested and reviewed.

See above, IP audit. In addition, any copyright registrations, deposit certificates and copyright prosecution materials must be requested and audited. Further, the compensation paid to employees for works created and used in the course of employment relations must be audited.

See above, IP audit. In addition, any design disclosure statements and publications related to designs must be requested and audited. Design prosecution files must also be reviewed. Further, the compensation paid to employees for designs created and used in the course of employment relations must be audited.

See above, IP audit. In addition, any documents relating to the implementation of the "trade secrets regime", or materials confirming the introduction of other reasonable measures to preserve confidentiality, must be requested and audited.

See above, IP audit. In addition, any mask works registration certificates and prosecution materials must be requested and audited. Further, the compensation paid to employees for layout-designs created and used in the course of employment relations must be audited. Documentary evidence of the date of first use of the mask work must be confirmed.

See above, IP audit. In addition, any evidence describing the date of first sale or transfer of achievements of selection must be requested and audited. Relevant prosecution files must also be reviewed. Further, the compensation paid to employees for achievements of selection created and used in the course of employment relations must be audited. Evidence of market use for achievements of selection and any relevant records must be confirmed.

Assignments of IPRs can be made in whole or in part (for trade marks and copyright), with or without goodwill (for trade marks), and with jurisdictional restrictions (for international trade mark registrations and copyright).

Under Russian Law, assignments of IPRs are deemed to be entire transfers or sales of the exclusive rights. Therefore, IP assignment agreements do not generally contain any restrictions or limitations on the assignment of the contracted subject matters.

The assignment of future rights is permitted. The earliest effective date of assignment of future rights is the date of creation/registration of the protected IP.

A trade mark assignment may not be possible if:

Moral rights cannot be assigned and/or waived.

An assignment must be made in writing and signed by both parties. The notarisation and legalisation of the deed of assignment is not required. However, registration with RosPatent is mandatory for assignments of:

The registration of a patent assignment under a deed of assignment is required. Failure to register the patent assignment will result in the transfer of patent rights being invalid against third parties.

The registration of a utility model patent assignment under a deed of assignment is required. Failure to register the utility model patent assignment will result in the transfer of patent rights being invalid against third parties.

The registration of a trade mark assignment under a deed of assignment is required. Failure to register the trade mark assignment will result in the transfer of trade mark rights being invalid against third parties.

The registration of a copyright assignment under a deed of assignment is not required. However, the assignment must be made in writing.

The registration of a copyright assignment relating to software or database is only required if the relevant software or database is registered with Rospatent. Failure to register the copyright assignment of the registered software or database will result in the transfer being invalid against third parties.

The registration of a design assignment under a deed of assignment is required. Failure to register the design assignment will result in the transfer of design rights being invalid against third parties.

The registration of an assignment of trade secrets and confidential information under a deed of assignment is not required. However, the assignment must be made in writing.

The registration of an assignment of mask works under a deed of assignment is only required if the relevant mask work is registered with Rospatent. Failure to register the assignment of the registered mask work will result in the transfer of mask work rights being invalid against third parties.

The registration of an assignment of an achievement of selection under a deed of assignment is required. Failure to register the assignment of the achievement of selection will result in the transfer of rights vested in the achievement of selection being invalid against third parties.

The main terms that should be included in an assignment of IPRs are as follows:

IPRs can be licensed in whole or in part (under certain circumstances), with or without goodwill (in the case of trade marks), and with jurisdictional restrictions (the default territory is the whole of Russia).

IPR licences must also provide for the term (the default term is five years).

Licensing of IPRs can be done on a sole, exclusive or non-exclusive basis.

Other limitations and provisions can be provided for in the licence agreement.

See above, Licensing.

See above, Licensing.

See above, Licensing.

Trade marks can be licensed with or without goodwill. A trade mark can be licensed either in connection with all goods or services covered by the trade mark registrations, or in connection with specific goods or services. Goods and services that are not indicated in the trade mark registration cannot be licensed.

See above, Licensing. Moral rights cannot be licensed and/or waived.

See above, Licensing.

See above, Licensing.

See above, Licensing.

A licence agreement must be made in writing and signed by both parties. The notarisation and legalisation of the licence agreement is not required. However, registration with Rospatent is mandatory for licences of:

See above, Licence agreement. The registration of a patent licence under a licence agreement is required. Failure to register the patent licence will result in the licence being invalid against third parties.

The registration of a utility model patent licence under a licence agreement is required. Failure to register the utility model patent licence will result in the licence being invalid against third parties.

The registration of a trade mark licence under a licence agreement is required. Failure to register the trade mark licence will result in the licence being invalid against third parties.

The registration of a copyright licence, including over a registered software or database, is not required. However, the copyright licence must be made in writing.

See above, Licence agreement.

The registration of licences of trade secrets and confidential information is not required. However, they must be made in writing.

The registration of a licence of a mask work under a licence agreement is only required if the mask work has been registered with Rospatent. Failure to register the licence of the registered mask work will result in the licence being invalid against third parties.

See above, Patents.

The main terms that should be included in an IP licence are as follows:

Security interests over IPRs are usually taken in the form of a pledge or a fixed charge. Trade mark, design, copyright and software security interests are currently the most common pledges or charges in Russia.

However, certain IPRs cannot be secured under the law, or can only be pledged or charged subject to certain limitations or restrictions. As a result, they may not be enforceable. For example, it is not possible to pledge company names and trade names as separate IP subject matters. Further, a charge over exclusive rights to a copyrighted work (owned by the author of the work) will only be valid if the author is a party to the security agreement and such an agreement clearly defines the copyrighted work subject to the collateral.

The valuation of security over IPRs and the enforcement of security interests may be problematic for the following reasons:

Therefore, pledges over IPRs are usually taken in addition to further security interests, such as mortgages, pledges of company shares or equipment liens.

In practice, judicial and non-judicial foreclosures are used to enforce IPR security interests. Non-judicial foreclosures may be faster to a certain extent.

A security agreement must be in writing and signed by both parties. The notarisation and legalisation of the security agreement is not required. To be enforceable against third parties, security interests over the following IPRs must be registered with Rospatent:

See above, Security interests. The registration of a patent security interest under a security agreement is required. Failure to register the patent security interest will result in the security interest being invalid against third parties.

The registration of a trade mark security interest under a security agreement is required. Failure to register the trade mark security interest will result in the security interest being invalid against third parties.

The registration of a copyright security interest, including over a registered software or database, is not required. However, the security agreement must be made in writing.

See above, Patents.

The registration of security interests over trade secrets and confidential information is not required. However, security agreements must be made in writing.

The registration of a security interest over a mask work is only required if the mask work has been registered with Rospatent. Failure to register the security agreement will result in the security being invalid against third parties.

See above, Patents.

In a share sale or merger and an asset sale transaction, the target usually provides the following information and documents to the other side for the purposes of due diligence:

Depending on the nature of the transaction, the nature of the IPRs subject to due diligence and the target's business, the potential buyer may also request other specific information and documentation from the seller.

In a share sale or merger and an asset sale transaction, the seller will usually represent and warrant to the buyer that:

Depending on the nature of the transaction, the nature of the IPRs subject to due diligence and the target's business, the seller may be required to provide other specific representations and warranties to the buyer.

In a share sale or merger transaction, there is no physical or technical transfer of IPRs, as they remain legally vested with the target. In other words, the target continues to hold the exclusive rights to the IPRs, while the buyer takes "corporate" possession of the target. However, the parties to a share sale or merger deal must check and ensure that they comply with any change of control and share or merger non-assignment restrictions prior to the transaction.

In an asset sale transaction, every IPR must be physically or legally assigned to the buyer. Therefore, the asset purchase contract and the underlying assignment agreement must specify every assigned IPR (including the relevant IPR registration numbers). In many cases, each IPR will have a separate underlying assignment agreement (for example, patent assignment agreement, trade mark assignment agreement).

The parties must also ensure that the formalities for a valid IP assignment are duly complied with (see Question 7). Further, the parties to an asset sale transaction must check and ensure that they comply with any change of control and asset non-assignment restrictions prior to the transaction.

Joint ownership can arise by operation of law or contract. For example, joint ownership arise when several authors together created IP as a result of joint contribution (creative input).

It is common for two or more companies (in particular companies involved in various areas of technology) to set up a joint venture to develop IPR-related projects in Russia.

The law does not impose any specific requirements concerning IP-related provisions that must be included in such joint venture agreement. However, because these transactions are primarily based on licensing, sublicensing or cross-licensing arrangements, the parties must comply with Russian IP licensing and registration regulations, even if the transactions are governed by a foreign law.

In addition, the parties can also include the following provisions in the joint venture agreement:

Other IP-related and licensing provisions can also be included in the joint venture agreement, depending on the nature of the transaction, the nature of the IPRs, and the relevant business project.

Each IP owner can use and enforce its IPRs, subject to any agreement to the contrary. Licensing and other exploitation must be carried out on a joint basis, subject to any agreement to the contrary between the co-owners. The proceeds arising from the use and exploitation of IPRs must be split between co-owners in equal shares, unless otherwise agreed by the co-owners.

In Russia, the exploitation of IPRs, including licensing, is exempt from national competition law rules.

Therefore, there will be no competition law issues in respect of the following provisions set out in IP licence agreements:

Anti-competitive practices that restrict trade on the market, including cartels (that is, agreements between competitors trading on the same product market), are prohibited, if they involve:

Other prohibited agreements that lead or can lead to restraints of competition are:

In addition, the above activities will be banned if they are regarded as concerted actions of business entities that limit competition on the market.

Abuse of dominance and unfair competition are not allowed. In practice, the following acts are regarded as unfair competition and are therefore prohibited by law:

Further, the acquisition and use of another legal entity's exclusive right to IP is not permitted and is regarded as unfair competition.

In Russia, the exploitation of IPRs, including under IP licence agreements, is not subject to the anti-monopoly regulations (see Question 19).

Under the common rule of law, the use of third party trade mark in advertisements requires the trade mark owner's consent. Unauthorised third party trade mark advertising is prohibited and may be prosecuted. In general, advertising must be fair and authentic.

The law prohibits unfair advertising that contains or represents:

The law also prohibits false advertising that contains or represents incorrect information on:

Breaches of the advertising legislation can lead to different types of liability (for example, administrative fines).

An employer is the valid owner of the main IPRs created by its employees in the course of their employment, unless the employment or civil-law agreement provides otherwise. However, the IPRs will be transferred back to the employees if the employer, within four months (for patents) or within three years (for copyright), does not:

Moral rights, including the right of attribution and integrity, always remain with the employee.

The employee will have the right to compensation if the employer does any of the following:

The amount of compensation and the terms of payment must be determined by an agreement between the parties and, in the event of a dispute, by the court.

To ensure ownership over IPRs created by an employee in the course of employment relations, the employer must:

Under the common rule of law and court practice, the contract must define the ownership of the main IPRs created by an external consultant.

The law distinguishes between a specifically contracted IPR (that is, IP on order) and a non-contracted IPRs (that is, IPRs created during works or research and development (R&D)) when an external consultant is engaged by a business:

In the copyright industry, an individual external consultant generally enters into a work-made-for-hire contract with the business, which will usually set out the:

To ensure ownership of the IPRs created by an external consultant, a business must:

There is no specific tax on the licensing of IPR in Russia. A licensor must pay corporate income tax (CIT) and value added tax (VAT) on the licensing of its IPRs. In addition, the licensor must observe certain local transfer pricing rules.

A Russian licensor must pay 20% CIT on royalties received from a Russian licensee.

Royalties payable to a foreign licensor by a Russian licensee are subject to a 20% withholding tax. The Russian licensee must act as a tax agent for the foreign licensor and must remit the withholding tax amount to the state budget on the licensor's behalf. If the foreign licensor is established in, and operates under the laws of, a foreign state that has a special tax treaty with Russia, a zero or reduced tax rate is applied. To enjoy such a tax relief, the foreign licensor must provide the Russian licensee with valid documentary proof of its tax residency in the relevant foreign state. This must be certified by the competent government authority.

A Russian licensor must charge 20% VAT on royalties payable by a Russian licensee, and must remit the tax to the state budget.

A foreign licensor must charge 20% VAT on royalties payable by a Russian licensee. If the foreign licensor does not have a permanent establishment or a representative office in Russia, the Russian licensee must act as a tax agent for the foreign licensor. They must withhold the VAT amount from royalties and remit it to the state budget. Licence agreements usually contain "gross-up" provisions, under which the amount of royalties paid to the foreign licensor is grossed up by 20%.

The licensing of patents, know-how, software, databases and mask works is exempt from VAT.

Under the local transfer pricing rules, the price of products and services specified in a contract between affiliated persons must comply with the market price of those products and services. Therefore, if the licensor and the licensee are affiliated persons, and the contract price indicated in the underlying licence agreement is not consistent with the market price, additional taxes and penalties will be charged.

The transfer pricing rules may also be applicable to a licence agreement concluded between non-affiliated parties, if one of the following applies:

There is no specific tax on the assignment of IPRs in Russia. An assignor must pay CIT and VAT on the assignment of its IPRs.

The tax-related principles applicable to IPR assignments are similar to those applied licences of IPRs (see Question 24).

Foreign IPRs are not automatically recognised in Russia except for:

Many treaties grant a right of priority for applications that have already been filed in other member countries (for example, under the WIPO Paris Convention for the Protection of Industrial Property 1883 (Paris Convention) or the PCT).

Russia is a party to the Paris Convention, PCT and EAPC.

Under the Paris Convention, a patent application that is first filed with another party to the Convention will be given a foreign filing priority date. This means that a patent application that is first filed with another party to the convention can be filed in Russia within 12 months.

The PCT provides for a unified procedure for filing patent applications in several countries. The applicant must file a single application at a designated PCT receiving office. If the applicant then wants to proceed with the grant and registration of the patent in Russia, Rospatent will process a national phase entry of application.

The EAPC provides for the grant of unitary patents valid in all member states to the EAPO regime. In other words, this is a single regional patent that will be effective (on its grant) in eight jurisdictions at once (Russia, Belarus, Kazakhstan, Kyrgyzstan, Armenia, Azerbaijan, Tajikistan and Turkmenistan).

Russia is a party to the Paris Convention, Madrid Agreement and Madrid Protocol.

Under the Paris Convention, trade mark applications that are first filed with another party to the Convention are given a foreign filing priority date. This means that a trade mark application that is first filed with another party to the Convention can be filed in Russia within six months.

Trade mark applications filed under the Madrid Agreement and the Madrid Protocol can also receive protection in Russia under an international registration procedure. Classes of goods and services can be selected and protected under the WIPO Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks 1957.

Russia is a party to the Berne Convention. Under the Berne Convention, copyright that subsists under the law of a member state is given the same protection in Russia.

Registration is not required as a condition precedent for copyright protection. However, it is possible to register software and databases, on an optional basis, with Rospatent.

Russia is a party to the Paris Convention. Under the Paris Convention, design right applications that are first filed with another party to the Convention are given a foreign filing priority date. This means that a design application that is first filed with another party to the Convention can be filed in Russia within six months.

Classes of industrial designs can be selected and protected under the Locarno Agreement Establishing an International Classification for Industrial Designs 1968.

Russia is also a party to the WIPO Hague Agreement Concerning the International Deposit of Industrial Designs 1925. Therefore, Russia can be covered by an international design registration.

Trade secrets and confidential information must not be registered. However, the owner must undertake certain reasonable measures to protect the confidentiality of its information (know-how) (see Question 1, Trade secrets and confidential information).

Registration is not required to protect mask works. However, it is possible to register them, on an optional basis, with Rospatent (see Question 1, Mask works).

Russia is a party to the International Convention for the Protection of New Varieties of Plants 1961 (UPOV Convention). Under the UPOV Convention, patent applications for achievements of selection that are first filed with another party to the convention are given a foreign filing priority date. This means that patent applications for achievements of selection that are first filed with another party to the convention can be filed in Russia within 12 months.

Russian laws have undergone a major and fundamental civil law reform.

In 2013, a specialised IP court started operating in Russia. This court has already achieved many positive results for IPR enforcement and litigation, and developed an extensive court practice in the IP sphere.

Between 2014 and 2015, there were several additional and substantial amendments to the Russian Civil Code regarding the:

One of the major changes to the law is the simplification of the registration procedure for all the transactions and agreements involving registered IPRs. The new procedure no longer requires the contracting parties to disclose the signed original agreements, financial information or other sensitive information to the authorities, as part of the application for registration. Instead, the parties can submit so-called "statements of IP disposal" (that is, notifications) by describing all the essential elements and material terms of their agreements, except for the financials and other irrelevant data. This new registration process has already improved the position of national and international companies, which can now carry out business related to their IPRs on a more confidential and efficient basis in Russia.

On 23 April 2019, the Supreme Court of the Russian Federation adopted Resolution of Plenum No. 10, which sheds light on court practice related to IP transactions. The Resolution clarifies many issues concerning assignments, licences, co-ownership, security, management and other disposals of IPRS.

Further modification and improvements of Russian law are continually being discussed, and there are likely to be further amendments in the near future.