| | CIPR Activities | Legislative and Regulatory Initiatives, Advocacy CIPR advocates on behalf of our members to protect their intellectual property rights and interests. Through direct communications with patent and trademark offices, as well as with leaders at both the "highest" and "working" levels of government, CIPR seeks to resolve common as well as specific IPR problems. CIPR develops and advocates for the enactment of legislation and regulations to bring the region's IP regimes into compliance with TRIPS, international treaties and norms. We do this by working closely with policy and lawmakers to find common ground to develop IPR policies and laws that support the national interest and further integration into the international economy. CIPR has ongoing cooperative relationships with government agencies, including customs, the courts, ministries and other enforcement authorities and monitors the application of legislation and regulations at every level and intervenes when necessary to help resolve problems. CIPR coordinates with the international community through established bilateral and multilateral processes, such as WTO accession, to address IP protection issues in the region. We also work closely with international institutions, such as WIPO, INTERPOL and WCO, and collaborate with legislators, regulators, the judiciary and law enforcement to address common issues of concern, including border enforcement, cyber crime, exchange of best practices, and training, among others. Since it was founded in 1999, CIPR has resolved numerous IPR problems for its members. For example, we successfully intervened in bad-faith trademark registration problems, worked with customs and police authorities to seize shipments of counterfeit products and to hold public destruction events of these fake goods, as well as coordinated with authorities to handle instances of trademark piracy. - The Verhovnaya Rada, the lower house of parliament, is considering draft amendments to the Administrative Violations Code of Ukraine that would improve protections for copyrighted materials. The amendments would make it an administrative offense for the unauthorized copying of another’s work and unauthorized distribution of copies, as well as permits a fine/confiscation of materials (including copying materials). CIPR submitted comments on this important legislation provided by its corporate and associate members. June 2009.
- The Russian government is currently considering a major change to its IP laws governing parallel imports. CIPR has been working closely with the government and other IP stakeholders in the consumer, business and rights holder communities to advocate for a thorough investigation into the impact of changing the current national standard of exhaustion of IP rights to an international standard. CIPR and other stakeholders are concerned that existing protections against the importation of substandard goods and counterfeits could be diminished if an international standard of IP exhaustion of rights is adopted. Parallel imports has become a highly controversial issue among government and non-government stakeholders. Several government agencies, including the Federal Antimonopoly Service support the change, while others, including the Federal Customs Service, do not. In April 2009, the Russian government announced that a commission will be appointed to review proposed legislation on the change in standard and its impacts on IP protections. CIPR will continue to play a role in the debate on this important issue for rights holders. April 2009.
- On January 1, 2008, Part IV of the Russian Federation Civil Code entered into force. CIPR advocated for legislative amendments to bring Part IV into compliance with TRIPS and for the immediate enactment of administrative regulations to provide critical guidance to regulators and the courts on how to interpret Part IV. In Fall 2008, the Russian Federation government introduced amendments to Part IV of the Civil Code and an ex officio amendment to the State Duma, the lower house of Parliament. Both of these amendments would bring Russia closer to TRIPS compliance. During the same period, the Russian government’s policy focus dramatically shifted to address the sharp impact of the global economic downturn on the national economy. CIPR continued to work with policy makers on outstanding legislative issues related to WTO accession and enforcement authorities on product counterfeiting and piracy issues. In its role on the RF State Duma IP Experts Council, CIPR provided commentary on important pending legislation that would govern transfer rights to technology. December 2008.
- CIPR has actively participated in the legislative amendment process for Part IV of the Civil Code since it was enacted in December 2006. CIPR representatives were appointed to the Russian Federation IP Experts Council, which is comprised of IPR experts from the government and the private sector, and introduced draft trademark protection legislative amendments that would help to bring Part IV into compliance with TRIPS and international treaties and norms. CIPR’s amendments, with the concurrence of other members, were accepted by the IP Experts Council. We continue to advocate their introduction into the State Duma. August 2007. Read
- From early 2006 CIPR, in cooperation with other domestic and international IP, business and consumer organizations, has advocated for amendments to Part IV of the Russian Civil Code to bring it into compliance with TRIPS and other international treaty obligations, and for other IPR issues, such as ex officio authority for customs officers. CIPR regularly consults with the Russian Federation, US, EU and other WTO members on IPR issues under discussion in Russia’s WTO accession talks. June 2007.
- CIPR has been actively lobbying and working with rightsholders to protest the Russian Government’s new proposed IPR legislation, Part Four of the Civil Code, which has been prepared for submission into the RF State Duma. This draft would annul all special intellectual property rights laws, including the Law on Copyrights and Neighboring Rights, the Law on Trademarks, Service Marks and Appellations of Origins of Goods. The law was prepared by a group of lawyers, without preliminary consultations or agreement from those who the law is supposed to protect — rightsholders. March 2006. Read
- Ukrainian President Viktor Yuschenko signed the Law on the Introduction of Amendments to the Criminal Code of Ukraine in Regard to Protection of Intellectual Property Rights, which strengthens of criminal punishments for IPR violations. February 28, 2006. Read
- EU Enforcement Directive, Latvia. November 28, 2005. Read
- On October 11, 2005, Latvia's Cabinet of Ministers supported the proposal of the Ministry of Justice to create Intellectual Property Council, in which CIPR will actively participate. Read
- Prior to their 13-14 October meetings, CIPR briefed the US Bilateral IPR Working Group delegation on important trademark protections issues, including concerns on the application of the law regarding the requirements for attaining well-known trademark status in Russia, steps to reduce bad faith trademark registrations through enacting formal opposition procedures, and to amend laws to conform to the March 2005 WTO Panel decision on geographic indications. CIPR also discussed these issues with Rospatent. Read
- CIPR Memorandum: The United States lifts tariff sanctions against Ukraine, announces out-of-cycle review to focus on Ukraine's IPR enforcement and consider Ukraine's status as a Priority Foreign Country. September 1, 2005 Read
- CIPR Memorandum: Ukraine's parliament passes long-awaited intellectual property law concerning optical discs. July 6, 2005 Read
- CIPR Memorandum: The reorganization of the Russian government announced by President Putin on March 9 has had a direct impact on the ministries and agencies responsible for intellectual property (IP) reform, protection and dispute resolution. March 25, 2004. Read
- Thirty-two participants from RF government agencies, business and trade associations, pharmaceutical and consumer organizations and trademark and copyright advocates met for the fifth session of the Russia IP Working Group on November 4, 2003 to discuss recent IP developments and progress. Valentina Orlova, head of the Legal Department at Rospatent reviewed the results of the governmental commission on intellectual property violations, as well as amendments to the law “On Trade Names.” Pyotr Shelisch, a State Duma deputy, spoke about the upcoming Chamber of Commerce and Industry International Conference “Counterfeits: Problems and Solutions.” Vladimir Shipkov, head of the Pharmaceutical Inspection of the RF Ministry of Health, also spoke at the event. November 4, 2003. Read | Previous RF IP Working Group meetings
- Latvia IP Working Group Is Up and Running. Read
- CIPR legislative initiative in Ukraine tackles new advertising law. Read about the law and CIPR's response. September - October 2003
- RF Customs Code ex officio amendment:
Official response from the State Customs Committee to the CIPR-authored letter of support to the RF Customs Code ex officio amendmentRead. May 23, 2003. Read - CIPR letter to government officials advocating amendments to the Customs Code. April 9, 2003. Read
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