Minutes of the Second Working Group Meeting

1st Vice President, Consumer Societies Confederation (KonfOP)

Peter Necarsulmer provided an overview of CIPR's immediate priorities and objectives for the working group:

• Enact all pending IP legislation in Duma
• Broaden base of the Working Group and implement proposed action plan steps
• Continue close coordination with business associations, consumer and copyright organizations (CIPR has initiated dialogue with the Russian Authors Society as well as IFPI, RAPO, MPA and individual copyright owners)
• Expanding direct involvement of Russian IP owners in CIPR itself.

Dr. Korchagin briefed participants on the RF Government's Interagency Commission on IP structure and scope of work. Headed by Prime Minister M. Kasyanov and Minister of Press, TV, Radio and Mass Communications Mikhail Lesin, the Commission will be comprised of high-ranking officials (first deputy minister level) from the Ministry of Internal Affairs, State Customs Committee, Anti-Trust Ministry, Rospatent, Federal Security Service and Ministry of Press, TV, Radio and Mass Communications. The first meeting of the Commission will held before the end of November, and the agenda will include:

• Development of Action Plan and Strategy
• Suggestions submitted for consideration by RF Ministries and Departments

The Commission plans to communicate with business associations, consumer and IP owner organizations through working groups. However, neither NGOs nor individual businesses will be invited to join the Commission as members. Communications with the Commission will be conducted through the secretariat of the Ministry of Press, TV, Radio and Mass Communications. The Commission will meet approximately three times per year.

• Develop a comprehensive database of Russian and international IP owners
• Address pharmaceutical IP and counterfeiting issues, product licensing and trademark registration, including coordination of between Rospatent and Ministry of Health
• Draft law on optical discs

Meeting attendees welcomed State Duma approval of amendments to the Law "On Trademarks" in the second reading on October 25. The State Duma gave unanimous approval of amendments to the Law on Trademarks in the third reading on 13 November 2002.

Pending amendments to the Patent Law will be considered at the end of November.

The State Duma is considering two alternative drafts of the Customs Code.

Underscored the necessity of amending the Criminal Code and the Code of Criminal Procedure as well as other laws related to IP.

CIPR views approval of the new Customs Code and enactment of amendments for stiffer penalties and enforcement authority to the Criminal Code and Civil Code as its highest legislative priorities following enactment of amendments to the patent, trademark and copyright laws.

Raised concerns of the IP Department of the State Customs Committee regarding Clause 5 Article 4 of the Trademark Law amendments.

• Questioned efficiency of some recently established IP organizations.
• Underscored CIPR's effectiveness in Russia and CIS-wide, and urged CIPR to become even more active representing IP owners with the RF Government
• Suggested that CIPR should make it a priority to focus on:
• Recruiting major Russian companies (IP holders) and engage its existing Russian Associate Members and organizational allies more actively
• Take more active and aggressive public positions on various IP issues with the news media
• Organize and conduct regional seminars for Russian trademark owners, local judges, officials and enforcement authorities
• Conduct research and more forcefully consider and address the points of view of consumers
• Attend and participate in conferences, programs and meetings where Russian IP owners are present

Underlined that the most important recommendations for all IP owners is to ensure that there are no IP-related sanctions against Russia

Olga Barannikova

• Focus on consumer education on counterfeits in media, including TV.
• Proposed to initiate a letter to Mr. Lesin to make consumer education on counterfeits one of the major criteria for selecting the new concept for former "Darial TV" channel. The competition results are to be finalized in late November.

Recommended that CIPR and other groups introduce a special declaration form for members that will state their commitment to non-use of counterfeit and pirated products, including software. This form will allow IP groups to determine the authenticity of its members intentions. Added that Rospatent was advocating a similar proposal for RF Government.

• Define and formalize CIPR's place in coordination process of IP owners and consumer organizations, a role which consumer groups support
• Provide assistance to trade associations in communication with law enforcement
• Help resolve issue of information openness of IP owners
• Conduct and publish research on IP law enforcement practices by mid-2003
• Raise the issue of pricing policies by foreign producers and the role of pricing in counterfeit
• Detail a specific action plan for 1-2 years for the Working Group that will mirror the new Government IP Commission's timetables.

• CIPR and the Working Group can add political pressure on the legislative lobbying for amendment to copyright law
• Details of copyright amendments should be handled by copyright owners
• IFPI believes that product pricing policies are the exclusive purview of producers

Additional actions to be taken by the Working Group:

• Educational seminars for judges, enforcement agencies and media
• Advancing educational, anti-counterfeitingactivities in the regions
• Conducting comprehensive survey research among major participants in the anti-counterfeiting process
• Facilitate summary research and report on the state of law enforcement and judicial practice on IP matter.