Since February 28, 2018, industrial designs can be protected in the Russian Federation through a simplified procedure under 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs.
Applicants from contracting parties to the Geneva Act can file documents for industrial design registration either with the International Bureau of WIPO or with the local patent offices designating Russia among countries where the protection is to be sought. After registration of industrial designs with the International Bureau and publication of the international registration data in the International Designs Bulletin, the Russian Patent and Trademark Office (Rospatent) shall conduct the substantive examination.
While performing such an examination, Rospatent will take into account certain specific requirements of Russian legislation. Such requirements include the country-specific fees charging scheme, non-deferred publication, the unity of a single creative concept, the documental proof to Rospatent of the transfer of the rights, 12 month term for forwarding the notification of rejection, etc. In case the notification of rejection was issued, it can be appealed only to Rospatent in accordance with the requirements and the terms stated in the Russian patent legislation.
The international registration of relevant industrial designs takes effect in the territory of the Russian Federation from the sending date of Rospatent’s notification to the International Bureau of WIPO on granting protection.
The duration of protection for industrial designs in Russia is 5 years with the possibility of multiple prolongation for 5 years, but the maximum duration shall not exceed 25 years from the international application filing date.
When Rospatent performs substantive examination, it addresses questions and notifications to the international applicants. We recommend using local consultancy services to minimize costs and time required for successful protection of your industrial designs in Russia as well as to protect effectively the patent rights in the Russian Federation and abroad.