Legal overviews
Summary of work of Intellectual Property Court, Federal Service for Intellectual Property (Rospatent) and WIPO during implementation of measures due to COVID-19 pandemic
- Service: Intellectual Property (IP)
- Date: 22.04.2020
1. Work of the Intellectual Property Court from March 30 to April 30, 2020
According to official information on the Court’s web site, during the said period there is no access to the building, court hearings in any order or handing over of any documents. Documents to be received from March 30 to April 30, 2020 through the My Arbitr system or by mail will be accepted and registered only from May 6, 2020. Information about the new place and new date of the court hearings will be available at https://kad.arbitr.ru/.
Pursuant to Part 4 Article 114 of the Russian Commercial Arbitration Procedure Code, if the last day of the procedural period falls on a non-working day, then the next working day shall be considered the day following the end of the non-working period. Court hearings previously scheduled to take place on a non-working days will be postponed, and rulings will be made indicating the time and place of the next court hearings.
More information about the court’s work: https://ipc.arbitr.ru/node/14335
More information about procedural periods: https://ipc.arbitr.ru/node/14331
2. Changes in the procedure for applying to Rospatent
Since the correspondence reception center is closed, an application to Rospatent can be submitted through electronic services (ARM Registrator, FIPS (Federal Institute of Industrial Property) Personal Account) and by email to fips@rupto.ru (all correspondence related to applications received by email shall be also carried out via email). Applications can be submitted using the following services: Public Services Portal (www.gosuslugi.ru), the official web site of Rospatent (www.rupto.ru), the official web site of FIPS (www.fips.ru)
International applications (and all related correspondence) can be sent to the following email addresses: for PCT applications (fips_PCT@rupto.ru), for Madrid System applications (fips_Madrid@rupto.ru), for Hague System applications (fips_Hague@rupto.ru).
The applications (including PCT applications) will be considered same as those submitted on paper, the fee is not reduced, all correspondence shall be in PDF scan format with the signature of the applicant.
More information about applying to Rospatent: https://rupto.ru/ru/news/izmeneny-pravila-priema-zayavok
More information about international applications: https://rupto.ru/ru/news/03-04-2020-vnimaniyu-polzovateley-sistemy-rst-i-madridskoy-i-gaagskoy-sistem
How to start using electronic services: https://new.fips.ru/podacha-zayavki/for-user-of-electronic-services.php
3. Changes in work of the Chamber of Patent Disputes
The Chamber of Patent Disputes has gone into remote work mode. Meetings shall be held via video conferencing, and documents shall be provided via email or through the electronic objections and applications service (https://www.fips.ru/about/otdelenie-palata-po-patentnym-sporam/appeal-ppc.php).
The Chamber of Patent Disputes shall also promptly notify the parties to a dispute on which the hearing is scheduled for from March 23 to May 8, 2020 about the possibility to either hold a hearing via video conferencing or postpone it.
Neither the terms for submitting an application nor the official rules for the submission have changed: https://www.fips.ru/about/otdelenie-palata-po-patentnym-sporam/pravila-podachi-vozrazheniy-i-zayavleniy-i-ikh-rassmotreniya-v-palate-po-patentnym-sporam.php
Minutes of the meeting with the head of Rospatent from March 19: https://www.fips.ru/documents/protokol-19032020-cb-5.pdf
4. Remote work of WIPO
Starting March 17, all work of WIPO, including registration of applications for all systems (Madrid, Lisbon, The Hague, PCT, etc.) is performed remotely. The WIPO Arbitration and Mediation Center continues its work. Updated information about the organization: https://www.wipo.int/portal/ru/news/2020/article_0015.html
Due to the pandemic, WIPO is implementing only electronic document filing for patent applications under the PCT System. Documents related to individual applications are available for viewing in the EPST system or in PATENTSCOPE (after publication). Users are urgently requested to provide their email addresses for working with applications: https://www.wipo.int/pct/ru/news/2020/news_0008.html
WIPO published protection measures and the possibility of extending terms for the Madrid System: https://www.wipo.int/madrid/ru/news/2020/news_0007.html
An updatable news feed about Madrid System has also been created: https://www.wipo.int/madrid/ru/news/2020/news_0009.html
An official document on legal protection measures in case of failure to meet the timeframes and extension of the timeframes in the event of temporary suspension of the institution are available at: https://www.wipo.int/hague/ru/news/2020/news_0009.html