(212) Notice Regarding Patent and Trademark Rights in the Russian Federation Representatives of the Russian Federation met with representatives of the U.S. Government on Monday, February 24, 1992, at the U.S. Patent and Trademark Office. The Russian delegation sought information about the operation of the U.S. patent and trademark systems and provided information about the treatment of inventions, industrial designs, utility models, trademarks, service marks, and appellations of origin in the Russian Federation. Following is the text of a statement from the Chairman of the Committee for Patents and Trademarks (ROSPATENT), outlining the status of industrial property protection in the Russian Federation and the plans for the future. INFORMATION by the Committee for Patents and Trademarks Due to the fact that the draft laws on patents and on trademarks were approved in the first hearing by the Supreme Soviet of the Russian Federation and taking into account numerous questions of domestic inventors, foreign patent offices and patent attorneys, the Committee for Patents and Trademarks (Rospatent) of the Ministry of Science, Higher School and Technical Policy of the Russian Federation hereby informs that: 1. Until the Patent Law and Trademark Law become effective, the provisions of the USSR Laws on Inventions, Industrial Designs and Trademarks, that are adopted as the normative base by the States party to the Provisional Agreement on the Industrial Property Protection, as signed in Minsk on Dec. 27, 1991, are applied in the territory of the Russian Federation. According to the Provisional Agreement, the Russian Federation, as well as the other States party to it, recognizes the validity of titles of protection issued earlier pursuant to the USSR Laws in the territory of the Russian Federation. Rospatent has submitted to the Government of the Russian Federation its proposals on issuing a normative act which is to certify the adoption by the Russian Federation of the said obligations arising out of the Provisional Agreement. 2. The applicants, who have filed applications for inventions, industrial designs and trademarks with the former USSR Gospatent, may, without losing the priority dates, wait until the Provisional Agreement on the Industrial Property Protection becomes effective, the Interstate Patent Office is established and its working procedures for issuing interstate titles of protection are elaborated. 3. In accordance with the abovesaid proposals by Rospatent, as submitted to the Government of the Russian Federation, any applicant wishing to obtain a patent (a trademark certificate) of the Russian Federation will be given the right to seek, on the basis of an application filed, for provisional protection in the territory of the Russian Federation. Such provisional protection will be granted to inventions, industrial designs and trademarks claimed in the applications in respect of which the examiners have taken decisions on the possibility of issuing patents (certificates), and will last from the date when the data on an application are published in a special gazette to the date of issuance of a patent (certificate) of the Russian Federation. The provisional protection in the territory of the Russian Federation will not impose legal barriers to obtaining, by the applicant, an interstate patent (certificate) after the Provisional Agreement on the Industrial Property Protection becomes effective. The priority date will still be considered as the date of filing the application either with the former USSR Gospatent or with Rospatent, with due regard to the conventional priority. 4. According to the Provisional Agreement on the Industrial Property Protection signed on Dec. 27, 1991, an inventor's certificate issued in the former USSR may not be exchanged for patents of the individual States party to the Provisional Agreement. The question of exchanging inventor's certificates for interstate patents will be finally resolved in the course of developing and concluding an Interstate Convention. In this connection, Rospatent does not exchange inventors' certificates for patents if a petition to this extent was filed after Dec. 27, 1991. V. Rassokhin Chairman of Rospatent Copies of unofficial translations of the draft laws referred to in the statement are available from Box 4, U.S. Patent and Trademark Office, Washington, DC 20231. the charge is $4.00 to cover the cost of duplication. Checks should be made payable to the Commissioner of Patents and Trademarks. March 2, 1992 HARRY F. MANBECK, Jr. Assistant Secretary and Commissioner of Patents and Trademarks [1136 TMOG 216]