Moscow, Russia – At today’s meeting of the Government Commission on Fighting IPR Violations, the draft Part Four of Russia’s Civil Code was not approved. The Government Commission supported in concept the proposed Part Four of the Civil Code, but noted that the draft requires revision. The draft will have two weeks for revision, after which the legislation will return to the Commission for consideration. Olga Barannikova, Representative in Russia of the Coalition for Intellectual Property Rights (CIPR), commented on the Commission’s decision: “Two weeks is a very short time frame to revise such a large piece of legislation. Rightsholders and experts that have had the opportunity to read the document have already noted many errors and inaccuracies. We are puzzled at the speed in which the Government, without consulting the business community, is trying to push this draft through." Rightholders are concerned because Part Four of the Civil Code, which has been prepared for submission into the RF State Duma, was not the subject of public discussion. 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 government lawyers, without preliminary consultations or agreement from those who will be required to follow the law - rightsholders. “Rightsholders are prepared to openly cooperate with the Government to develop legislation in the sphere of intellectual property and hope that the Government will allow the business community to participate in discussions on this initiative,” said Barannikova. “We encourage rightsholders to actively participate in developing commentary on the draft Part Four of the Civil Code, which could seriously affect their business activities. The first difficult steps in this process were already taken at a roundtable on March 7,” added Barannikova. On March 7, over 40 representatives from all categories of intellectual property rightsholders, including representatives from the International Federation of the Phonographic Industry (IFPI), International Chamber of Commerce (ICC), Russian Author’s Society and Baker & McKenzie, gathered to present their concerns at a roundtable organized by the Coalition for Intellectual Property Rights (CIPR). Primarily, rightsholders voiced their concerns that, if the draft Part Four of the Civil Code were approved, negotiations on Russia’s accession to the WTO will be delayed. The negotiators will need to take time to study the law to determine if it is in accordance with international standards and TRIPS, which is a requirement for entering the WTO. Considering the document’s size - over 200 pages - negotiations could be significantly delayed. * * * The Coalition for Intellectual Property Rights (CIPR) is private-public partnership dedicated solely to advancing intellectual property rights protection and reform in Russia, the Baltic States and CIS countries. Through research, education, legislative initiatives, coalition building and legal, judicial and regulatory reforms, CIPR assists governments and businesses in the region to establish transparent and non-discriminatory IPR regimes and to adhere to international standards. CIPR members include several of the world's most famous trademark owners in the food, beverage, pharmaceutical, fashion, computer and tobacco industries, and enjoys broad support by government trademark regulators and enforcement officials throughout the region. * * * Kind regards, Dominique Winther
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