Иностранный язык учебный год 2022-23 / Иностранный язык в правоведении / КАФЕДРАЛЬНЫЙ3

7.industrially applicable промышленно применимый

вкачестве товарного знака)

29.alienate a company name отчуждать название компании

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33.moral (personal) right личное неимущественное право

34.proprietary (economic, право собственности, имуществен-

Study the principle legislative acts and services in the field of Intellectual Property Rights:

Reading

Exercise 1. Read the text and answer the questions. Summarize the answers.

1.What major international treaties on intellectual property rights is the Russian Federation a signatory to?

2.What kind of liabilities may the infringement of intellectual property rights entail?

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Regulatory Environment

Russian Intellectual Property legislation consists for the most part of the Civil Code of the Russian Federation, specifically its new Part Four dated December 18, 2006. Part IV of the Civil Code has replaced or amended all preceding individual Intellectual Property laws.

Any legal entity or individual may use and seek protection for its/his/ her intellectual property rights in Russia, provided that the requirements of the law are satisfied. Russia is a signatory to major international treaties on intellectual property rights, including the Universal Copyright Convention, the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, the Madrid Agreement on the International Registration of Trademarks, the Protocol to the Madrid Agreement, WIPO Performances and Phonograms Treaty, and WIPO Copyright Treaty.

Infringement of intellectual property rights may entail civil, administrative or criminal liability in accordance with the applicable legislation1.

Exercise 2. Read the following text. Use the words in the box to the right of the text to form one word that fits in the gap. Then answer the questions below the text. Finally, say what you have learned about patents.

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protection if its essential features are new and original. An

industrial design is deemed new if the 7. … of its essential 7. combine features does not comprise part of the information publicly

available in the world before the priority date of the industrial design. An industrial design is considered original if its essential features evince the creative character of a product’s distinctive features.

1.What criteria should an invention meet to obtain patent protection?

2.How does a utility model di er from an invention?

3.Who has the right to obtain a patent?

4.What criteria should an industrial design meet to be deemed new? To be considered original?

Exercise 3. Read the text. Then complete the sentences with the words from the box. Answer the questions below the text.

represented deemed by virtue (2) registration with respect to granted a request thereof expires absence

Trademarks, Service Marks, and Appellation of Origin of Goods

Trademarks (service marks) are designations, individualizing goods or services of legal persons and individual entrepreneurs. Legal protection of trademarks and service marks is granted ..1.. of their registration with Rospatent or ..2.. of international agreements to which the Russian Federation is a party. A mark may be ..3.. by a word or words, pictures, three-dimensional signs and other designations or combinations ..4.. . The trademark and service mark protection is ..5.. for a period of 10 years from the filing date of the application. The trademark and service mark registration is cancelled when its term ..6.. without having been renewed. The trademark and service mark legal protection may be terminated upon ..7.. from an interested party in respect of all or part of goods and services due to non-use of the trademark or service mark during any continuous three-year period counted from the ..8.. date. Assignments and licenses of trademarks and service marks must be registered with Rospatent. In the ..9.. of such registration, they are deemed null and void.

The appellation of origin of goods is a name containing a current or historical denomination of a country or other geographic unit or a derivative of such denomination that has become known as a result of its use ..10.. goods the specific features of which are mainly or exclusively determined by natural conditions or human factors which are characteristic of such geographic unit. The designation which represents or contains the name of a geographic unit, has entered in the Russian Federation into the public domain as a designation of goods of a certain kind (has become generic), which are not related to the place of their manufacture, may not be ..11.. to be the appellation of the origin

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of goods. Legal protection is given to an appellation of origin of goods based on its registration with Rospatent1.

1.What are the ways to represent a trade (service) mark?

2.Why may legal protection of a trademark (or a service mark) be terminated?

3.When is the designation containing the name of a geographic unit not deemed to be the appellation of the origin of goods?

Exercise 4. Read the following text and fi ll in the gaps with correct prepositions. Then answer the questions below the text and speak about the di erence between company and trade names.

Company Names and Trade Names (Commercial Designations)

Company names are designations that identify or distinguish di erent legal entities when conducting their commercial activities.

In the Russian Federation, a company name consists of two parts: the indication of a business legal structure and the distinctive name of the company (e.g. “OOO (Ltd) VimpelCom” where OOO — Limited liability Company and VimpelCom — name of the company). A company may use in its company name the o cial name of the Russian Federation or any words derived therefrom only ..1.. the assent of the Russian Government. The right to a company name arises ..2.. the moment of the state registration thereof along with the state registration of the legal entity. The owner of a company name is allowed to use its company name exclusively, and to prohibit others

..3.. its unauthorized use. The owner of a company name may not alienate its company name or grant the right to use it to another person. A legal entity illegally using the company name of another legal entity is obliged to cease its use ..4.. the request of the company name owner and to compensate ..5.. any incurred losses. A company name incorporated ..6.. a trade name or a trademark (service mark) is protected regardless of the protection of the trade name or the trademark itself.

Trade names (so-called “commercial designations”) are designations which individualize trading, industrial or other types of enterprises owned

..7.. legal entities and individual entrepreneurs. Trade names are other than company names, they do not require registration. (e.g. “BeeLine” — trade name of the company VimpelCom Ltd.). The owner of a trade name enjoys an exclusive right to its trade name and may use it by any lawful means. The exclusive right ..8.. a trade name arises if the designation which is used as a trade name possesses sufficient distinctiveness and its use has gained notoriety ..9.. certain territory. An exclusive right to a trade name terminates if the owner of the trade name fails to use it ..10.. a continuous one-year period. A trade name owner may grant the right to use its trade

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name to another person ..11.. a lease of enterprise agreement or a franchising agreement1.

1.What two parts does a company name consist of? Give an example.

2.When does a company name arise?

3.What rights does the owner of a company name have?

4.When does the exclusive right to a trade name arise?

5.When does the exclusive right to a trade name terminate?

Exercise 5. Read the following text, answer the questions below the text and say what you have learned about copyright.

Copyright and Neighboring Rights

Part IV of the Civil Code protects works of science, literature and the arts (copyright) and grants protection to rights of performers, phonograms, database compilers and publishers (neighboring rights). Copyright protection arises by virtue of the creation of a work of art without any registration requirements. An author enjoys personal (moral) rights (right of authorship, right to the name, right to public disclosure, right to protect the author’s reputation) and proprietary rights (right of reproduction, distribution, import, public demonstration, public performance, translation, modification etc.). The personal (moral) rights are inalienable from the author and cannot be assigned or transferred by agreement. The proprietary rights to a copyrighted object may be licensed or assigned by virtue of a copyright agreement. The term of copyright protection for all works, including software programs or databases, shall be the lifetime of the author, plus 70 years after his/her death. The author’s moral rights are protected perpetually.

Software Programs and Databases

Copyright protection also applies to computer programs and databases. Software programs are protected as literary works, while databases are protected as compilations. Although registration is not mandatory for protection, an author may optionally register and deposit software or a database with Rospatent. A software program or a database is protected for the lifetime of the author(s) plus 70 years after his/her (their) death(s). The right to use a software program may be granted under a software license agreement.

Trade Secrets and Know-How

According to the Civil Code (Part IV) and the Trade Secrets Law, information may be treated as a trade secret only if: (i) it has real or potential commercial value due to the fact that it is unknown to third parties; (ii) it is not freely accessible using lawful means; (iii) the owner has taken reasonable

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measures to protect its confidentiality, including legal, organizational, technical and other measures; and (iv) its confidentiality allows, under the existing or potential circumstances, the increase of revenue, the avoidance of unnecessary expenses or receipt of other commercial benefits.

1.What rights does an author enjoy?

2.When does the copyright protection arise?

3.How long does the term of copyright protection for all works last?

4.What kind of information is treated as a trade secret?

Key terms

Exercise 6. Match the words on the left with those on the right to form word partnerships and suggest Russian equivalents of these word partnerships. Use 5 of them in your own sentences.

Use of English

Exercise 7. Suggest English equivalents to the following word partnerships.

Относящийся, имеющий отношение, свойственный; индивидуальный предприниматель; отчуждать название компании; смежные права; личное неимущественное право; право собственности, имущественное право; производственный секрет, засекреченная технология; применимое законодательство; среди прочего; изделие ручной работы; неотчуждаемое, неотъемлемое право; прекратить его (знака) использование; всеобщее достояние; литературное произведение; дата подачи заявки, когда устанавливается приоритет.

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Exercise 8. Write as many word combinations with the word patent as possible.

Exercise 9. Match the two halves of the definitions of key concepts. Work with a partner to discuss each concept.

4. Trademarks (service marks) d) that identify or distinguish di erent are designations … legal entities when conducting their

commercial activities.

5. A trade secret is information e) in any field related to a product, to a device, substance, microbial strain, cell culture of plants and animals or

aprocess

6.Neighboring rights are … f) given to the author for a fixed number

Exercise 10. Render the sentences into English.

1.Интеллектуальные права на изобретения, полезные модели и промышленные образцы являются патентными правами.

2.Автору изобретения, полезной модели или промышленного образца принадлежат следующие права: исключительное право и право авторства.

3.Изобретению предоставляется правовая охрана, если оно является новым, имеет изобретательский уровень и промышленно применимо .

4.Интеллектуальные права на произведение науки, литературы

иискусства являются авторскими правами.

5.Автору произведения принадлежат следующие права:

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—исключительное право на произведение;

—право авторства;

—право автора на имя;

—право на неприкосновенность произведения;

—право на обнародование произведения.

6. Фирменное наименование или отдельные его элементы могут быть использованы правообладателем в принадлежащем ему товарном знаке или знаке обслуживания.

Speaking

Exercise 11. Decide whether these statements are true or false or not complete. If they are false, correct them. Work with a partner and discuss the statements.

1.Infringement of intellectual property rights may entail administrative liability in accordance with the applicable legislation.

2.The right to obtain a patent belongs to the inventor, his/her employer (in case of an employee’s invention) and their assignees.

3.The term of a utility model’s patent protection is 20 years from the filing date of the application.

4.An industrial design is granted patent protection if its essential features are new.

5.Legal protection of trademarks and service marks is granted without any registration.

6.The owner of a company name may alienate its company name and grant the right to use it to another person.

7.A company name incorporated in a trade name or a trademark (service mark) is protected regardless of the protection of the trade name or the trademark itself.

8.Trade names are like company names and require registration.

9.Copyright protection arises by virtue of the creation of a work of art without any registration requirements.

10.The author’s rights are protected perpetually.

11.Software programs and databases are protected as literary works.

Exercise 12. Prepare a brief talk on any aspect of intellectual property rights.

Exercise 13. Discuss the article. Use speech connectors in Annex I.

Russia: Two years of the Intellectual Property Court

Operating in Moscow since July 2013, the Intellectual Property Court was expected to raise the level of professionalism in the resolution and adjudication of intellectual property disputes, increase transparency of the decision-making,

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and boost confidence in the Russian IP system among domestic and foreign IP owners.

It acts as a court of first instance, reviews regulatory acts of the Federal Service for Intellectual Property (Rospatent) and decisions of the Federal Antimonopoly Service, and handles disputes over the ownership of IP rights and claims to invalidate the registration of IP rights (except copyright and related rights). In its second role as a cassation instance, the court reviews cases of IP rights infringement between legal entities and individual entrepreneurs.

An infringement lawsuit still has to be first filed in a regional commercial court (called an arbitrazh court). Decisions of the first instance can be appealed to arbitrazh courts of appeal. The IP Court, with its 18 specialist judges, only steps in if a further appeal is permitted and filed; a panel of three judges will review the appealed decisions.

As a court of first instance, in 2014 it received 783 appeals, 40% of which were accepted and led to the appealed decision being reversed or modified. There were 293 appeals of Rospatent’s decisions relating to grant or cancellation of exclusive rights (28% of the appeals accepted) and 435 claims to cancel a trademark on the grounds of non-use (the trademark being cancelled in 52% of the cases). During the first half of 2015, the corresponding numbers were 365 (35%), 109 (14%) and 235 (46%).

In 2014, a foreign party outside the Commonwealth of Independent States (CIS) region was involved in 207 of 783 appeals, and 46% of said appeals were accepted. During the first half of 2015, 143 of 365 appeals involved a foreign party outside the CIS region, and 34% of the appeals by the foreign party were accepted.

It’s not very surprising that the majority of the claims in the IP Court concern trademarks, in particular cancellations of a trademark based on nonuse. These cases seem to keep the IP Court quite busy. As for patents, there were only 31 requests filed by a patentee in 2014 to review a Rospatent decision to revoke a patent and in only four of those cases (13%) was the decision overruled by the IP Court. In the first half of 2015, there were only eight such requests, and only one Rospatent decision was overruled.

As a court of cassation, the IP Court received 1,820 appeals in 2014, 1,578 of which were accepted for a review while 1,390 appeals were actually reviewed during the same year. A foreign party outside the CIS region was involved in 221 of the 1,390 reviewed appeals and in 70 of those cases (32%) the appeal was accepted. In total, 1,096 decisions issued by the first instance courts and appeal courts were reviewed; as a result 336 decisions were cancelled (31%), in these decisions 249 cases were returned to the lower instance courts for a new consideration.

Is not very surprising that the majority of the claims in the IP Court also reviewed 294 of its own earlier decisions, including 264 decisions issued as a court of first instance (cancelling 62 decisions, ie, 21%) and 30 decisions issued as a court of cassation (cancelling eight decisions, ie, 27%).

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