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General Company Information |
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1. Who has the lead responsibility for IP rights enforcement, anti-counterfeiting and anti-piracy programs in Russia for your company? Please choose only one answer.
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2. What is your industry? Please choose all that apply.
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3. Which of your products are produced or sold in Russia? Please choose all that apply.
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| 6. In terms of policies and laws which encourage or discourage economic growth and investment by companies operating in Russia, would you say that things in Russia are currently headed in the right direction, or would you say these policies and laws have gotten seriously off track?
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7. Do you expect the investment climate and opportunities in Russia to improve or worsen in the next two years?
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8. Please rate the following issues as challenges confronting the successful operation of your business in Russia. Please use the following scale, where "1" refers to "not a challenge" and "5" — to "major challenge"
| Court System | |
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| Customs Duties | |
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| Customs Procedures | |
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| Government Bureaucracy and Red Tape | |
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| Government Corruption | |
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| Intellectual Property Rights Protection and Enforcement | |
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| Investment Laws | |
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| Non-compliance with International Treaties | |
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| Shareholders Rights | |
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| Taxation | |
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9. Would you say the overall system of IP protection has improved or worsened over the last five years in Russia?
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10. Thinking about the volume of product and brand counterfeits in the Russian market, would you say the amount has increased or decreased over the last five years?
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11. On the subject of intellectual property rights, how important are each of the following specific issues to the operations of your company in Russia? Please use the following scale, where "1" refers to "not an important problem" and "5" — to "very important problem".
| Obtaining trademark protection | |
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| Obtaining well-known recognition for trademarks | |
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| Bad faith registrations of trademarks by 3rd parties | |
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| Counterfeiting | |
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| Obtaining patent protection | |
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| Patent infringement | |
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| Copyright piracy | |
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| Internet domain name piracy | |
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| Enforcing your IP rights | |
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12. In the past five years, has your company reduced or cancelled new investments in Russia due to concerns about inadequate IP rights protection and/or enforcement? |
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13. On matters of IP protection and enforcement, how do you rate the professionalism and integrity of the following Government bodies? Please use the following scale, where "1" refers to "lowest ranking" and "5" — to "highest ranking".
| Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) | |
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| Supreme Patent Chamber | |
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| Russian Courts | |
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| Ministry of Internal Affairs (MVD) | |
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| Federal Customs Service | |
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| Federal Anti-monopoly Service (FAS) | |
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14. In your opinion, what degree of priority is given to trademark, patent and copyright protection and enforcement by the Russian Government? Please use the following scale, where "1" refers to "lowest priority" and "5" — to "highest priority".
| Trademark protection |
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| Patent protection |
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| Copyright protection |
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15. In your opinion, what degree of priority is given to trademark, patent and copyright protection by RF President Putin and the Presidential Administration? Please use the following scale, where "1" refers to "lowest priority" and "5" — to "highest priority".
| Trademark protection |
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| Patent protection |
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| Copyright protection |
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16. Do you agree or disagree with the following statement?
Russia will not make progress on intellectual property protection and enforcement until RF President Vladimir Putin gets directly involved in dealing with this issue.
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17. Do you agree or disagree with the following statement?
Negotiations on Russia's WTO accession are the last real chance to compel the RF Government to improve intellectual property protection and enforcement in Russia. US negotiators should withhold their approval of Russia's WTO membership until intellectual property rights protection and enforcement are significantly improved.
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18. Do you agree or disagree with the following statement?
Until Russian companies are severely impacted by counterfeiting and piracy, significant improvements in the RF Government's IP rights enforcement efforts will not happen.
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19. What information do you make public concerning counterfeited products of your company's goods? Please choose all that apply. If you are a services company, please skip this question and question #20.
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20. What percentage of your company's products sold in the Russian market are counterfeited? (Please provide your best estimate. If you are a services company, please skip this question.)
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21. In general, do you believe that estimates by RF Government agencies on the percentage of counterfeits in your company's product categories sold in Russia are:
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22. To the best of your ability, please estimate the average annual cost to your company of inadequate enforcement of intellectual property rights in Russia. (Lost sales plus cost of enforcing your rights).
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23. To the best of your knowledge, where are counterfeits of your company's products sold in Russia produced? Please choose only one answer. If you are a services company, please skip this question.
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24. What countries do you believe are the largest producers of counterfeits of your company's products sold in Russia? Please choose only one answer.
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Practices and Experiences |
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25. During 2005, which of the following activities have been undertaken by your company in Russia? Please choose all that apply.
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26. Do you believe the time required in Russia to resolve various IPR protection actions compares favorably with the amount of time required for similar actions in other European countries and North America?
| Registering trademarks and patents | |
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| Constesting trademark and patent registrations, including so-called bad faith registrations | |
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| Court decisions | |
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| Securing well-known trademark protection | |
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| Decisions of the Supreme Patent Chamber | |
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27. For each governmental agency with which you have had direct experience defending your company's intellectual property rights in the past 24 months (two years), please rate your experience in dealing with that agency in terms of its effectiveness. Please use the following scale, where "1" refers to "not at all effective" and "5" — to "very effective".
| Ministry of Internal Affairs | |
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| Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) | |
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| Supreme Patent Chamber | |
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| Federal Service for Consumer Rights and Human Welfare (Rospotrebnadzor) | |
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| Federal Anti-Monopoly Service (FAS) | |
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| Regional/local enforcement authorities | |
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| Courts | |
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| State Procurator's Office | |
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| Federal Customs Service | |
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| Ministry of Justice | |
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28. How would you estimate the overall effectiveness of the Russian Government's enforcement efforts in the following areas? Please use the following scale, where "1" refers to "not at all effective" and "5" — to "very effective".
| Trademark enforcement |
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| Fighting counterfeits |
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| Patent enforcement |
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| Fighting copyright piracy |
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| Fighting "bad faith" trademark registrations |
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29. Some people say that Russian and foreign government authorities pay too much attention to the problem of copyright protection and piracy and too little attention to the problem of trademark protection and product counterfeiting. What is your opinion?
The attention given to piracy versus counterfeiting by the Russian and foreign governments is:
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30. In your view, how effective are the following organizations in enforcing intellectual property rights in Russia? Please use the following scale, where "1" refers to "not at all effective" and "5" — to "very effective".
| Companies like yours | |
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| Brandholders and intellectual property owners in general | |
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| Major business and trade associations | |
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| Foreign governments | |
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31. In your opinion are the following capabilities effectively present within Russian law enforcement and judicial structures to enforce the rights of intellectual property owners? Please use the following scale, where "1" refers to "not effective" and "5" — to "very effective".
| Laws and regulations | |
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| Civil penalties | |
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| Criminal penalties | |
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| Administrative penalties | |
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| Staff resources | |
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| Injunctive relief | |
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| Established methods for cooperation with IP rightsholders | |
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| Training | |
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| Financial resources | |
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| Political will and leadership | |
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32. In your view, how important are each of the following actions to improving intellectual property rights protection and enforcement in Russia? Please use the following scale, where "1" refers to "not important" and "5" — to "very important".
| Cleaning up corruption in enforcement authorities | |
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| Creating special courts for hearing cases on IPR violations | |
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| Reforming intellectual property laws and regulations | |
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| Training of law enforcement officials | |
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| Training of judges | |
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| Organizing and coordinating joint enforcement actions by intellectual property owners | |
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| Companies taking a more pro-active approach to enforcing their IPR | |
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| Educating news media and consumers about health, quality, and other consequences of inadequate IPR protection and enforcement | |
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33. In your view, how important is it to lobby the following government authorities to improve IPR protection and enforcement in Russia? Please use the following scale, where "1" refers to "not important" and "5" — to "very important".
| RF Presidential Administration |
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| RF Government |
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| RF State Duma |
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| WTO |
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| U.S. Government |
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| EU Government |
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34. In your opinion, how important are the following IP initiatives to improving Russia's IPR protection and enforcement? Please use the following scale, where "1" refers to "not important" and "5" — to "very important".
| Opposition Procedures (Provides for a waiting period between the application and the approval of a trademark or patent, whereby the application information is published and anyone who might be opposed may file an opposition to the patent.) |
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| "First in Time, First in Right" (This theory applies the WTO principle of giving priority and exclusivity to prior registered trademarks over later filed geographic indications, including appellations of origin.) |
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| Law "On Company Names" (This law provides for simultaneous registration of Company Names when registering company as a legal entity. The registered name is then protected for a specific class of goods or services for a period of 10 years, and is renewable thereafter.) |
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| Ministry of Health/Rospatent Pre-Check for Registrations of Medicines (A mandatory pre-check would require the Ministry of Health to check with Rospatent for existing trademarks before issuing registrations to any new medicines.) |
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| Destruction of Counterfeit Products. (Would expand IP legislation in Russia to include the mandatory destruction of counterfeit goods.) |
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| Destruction of Equipment used for Producing Counterfeit Products. (Would expand IP legislation in Russia to require the seizure and, on court order, the destruction of equipment used to produce counterfeit and pirated goods.) |
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| "Ex Officio" Procedure in Customs (This amendment would provide customs agencies with the authority to arrest goods if they believe intellectual property rights are being violated, without a petition from the rights holder.) |
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| Stronger Criminal Liability for Infringements (Would increase the criminal penalty for those who violate intellectual property rights) |
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| Optical Disk Licensing Requirements (This measure would require firms who produce optical disks to register the companies and their equipment with a federal organization in order to track production of authentic disks.) |
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35. Please confirm that your answers reflect the opinion(s) of the CEO and/or senior executive in charge of managing and overseeing intellectual property at your company. |
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We would appreciate having your contact information for verification purposes. You will not be contacted unless absolutely necessary. Please be assured all of your answers will be kept totally confidential and not shared with any third party.
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