Tuesday, August 4, 2015

Controller for Mikhalkov: copyright sort out a new agency – RBC

Head of Patents

The plans to create a single regulator in the field of intellectual property rights on the basis of Rospatent said Tuesday first deputy prime minister Igor Shuvalov. “We are working now with the experts and the presidential administration and the government draft of the new decree,” – he said.

According to him, Rospatent will transfer from other ministries and agencies all issues related to intellectual property rights . “A separate block is a cultural intellectual property, copyright and related rights. The Ministry of Culture realizes that it is also for them a painful step, but all agreed the minister, it will all be transferred to the service (based on Rospatent), “- Shuvalov said.

As explained RBC federal official familiar with the project presidential decree, it is assumed that the benefit will be transferred to the authority of Rospatent, Ministry of Culture, Ministry of Economic Development, Ministry of Education and some of the issues in the field of intellectual property rights, which oversees the Ministry of Communications. According to him, “these are the main agencies that can share these powers painlessly».

«Some methodological features of R & D is assigned to the Ministry of Economy and Ministry of Education. Therefore, from the Ministry of Economy will be transferred to regulatory issues in the patent issue. Ministry of Culture will give responsibility for ideology in the field of copyright, “- says the source.

Part of the authority on intellectual property currently performs the Ministry of Agriculture, which deals with the selection achievement. “But we do not take these functions,” – emphasizes the source. Features of interaction of Rospatent with the Defense Ministry, which is responsible for security questions, will also be saved in the same mode.

The transfer of powers must be accompanied by Rospatent gain weight hardware service. The question of the transfer of supervision Rospatent directly to the Government Ministry of Economic Development, said the federal official. “This decision will be taken by the president and the government. But experts advocate giving the status similar to the FAS “- indicates the official.

The representative of the Ministry of Economic Development forwarded the questions RBC unit Igor Shuvalov.

one-stop service

This is not the first time consolidation of the regulatory authorities in recent years. In July, it announced the creation of a mega-regulator on the basis of the Federal Antimonopoly Service. She passed the powers of the Federal Tariff Service. According to Shuvalov, the importance of this body for the economy will be comparable to the effect of the Central Bank.

The initiative of creating a regulator on the basis of Rospatent was discussed at the end of 2013 – when there was supposed to convey some of the powers of the Ministry of Culture, Ministry of Education, Industry and Trade, the Ministry of Communications, Ministry of Agriculture, Ministry of Health, Ministry of Internal Affairs, Ministry of Economy and the Federal Customs Service, says the head of intellectual property practice lawyer bureau “Egorov, Puginsky, Afanasiev and Partners” Pavel Sadovsky.

«previously proclaimed that one of the main objectives will be to consolidate the powers warning situations when the money from the budget allocated to different departments to perform virtually identical research. It is possible that now have the same objective, “- he says.

The representative of the Shuvalov said that the new status of Rospatent after the concentration of powers in one body involves the preparation of a strategy that would adapt the legislation in the sphere of intellectual property protection for the business community.

«The service should make the changes in the legislation that will expand the scope of patents and creating additional conditions for rights holders to protect their rights, including through the creation of a single window, when you do not have to rush to the different departments, “- emphasizes the interlocutor RBC.

According to him, the World Intellectual Property Organization already has a separate office in Moscow. “This office works in all areas of intellectual property with all departments and now he has to pave the way individually in each department. So the creation of a mega-regulator on the basis of Rospatent – yet another signal to the international community about Russia’s intention to more actively defend their intellectual property rights, “- said the official.

Controller for Mikhalkov

The Ministry of Communications in the market of intellectual property is still responsible for the fight against illegal content on the Internet, to the materials on the ministry’s website. At the annual college department head of the Ministry Nikolai Nikiforov said that the results of 2014 the number of Internet users who buy legal content, increased by 4 million to 12 million. The initiative of the Ministry of Communications Shuvalov declined to comment.

Sources RBC Ministry of Culture are aware of the initiative Shuvalov. It involves the transfer of all regulatory functions of the market of intellectual property “in one hand”, said a source in the ministry. In addition, for non-governmental organizations that are engaged in the collective management of copyright and related rights, in fact, nothing changes.

July 17 it became known that the charge of fees in favor of holders of allocations is preparing a new social structure of the Russian Union of right holders (CPR), Russian Authors’ Society (RAO) and the Russian Organization for Intellectual Property (WIPO) announced the merger into a single organization. The new structure will be called the union of artists “Russian Authors’ Society”, revising earlier conversation with RBC RSP lawyer Alexei Kubyshkin.

Right now, all three organizations to manage a team. The general director Sergei Fedotov CPR holds a similar position in the waste, in his first deputy, Andrei CPR Krichevsky led by WIPO and is Deputy Chairman of the Board of Directors of RAO. Combining the idea should be to strengthen the position of the Union of Cinematographers, as one of the founders of the FPR: at least the head of the Union of Nikita Mikhalkov will enter the board of the new association on the market of copyright.

According to the lawyer Sviatoslav Paz, the newly formed trade union of workers of culture ” Russian Authors’ Society “will have to re-pass the state accreditation procedure or the need to make changes to the corresponding government decree (from December 2007 approving the procedure for state accreditation of organizations carrying out collective management of copyright and related rights).

According to the statements of the FPR RAO and WIPO in 2013, total fees of the three organizations in the period exceeded 5.5 billion rubles. Data for 2014 are still there. According to the federal budget for 2015, Rospatent disposes of 2.25 billion rubles of government.

Rospatent in numbers

5,35 billion rubles. made in 2014 revenues of Rospatent, including the public and patent fees

3,18 млн Swiss francs (181,18 million rubles. at the exchange rate on 31.12.2014) has received in the past Rospatent year from the World Intellectual Property Organization (WIPO)

2,98 billion rubles. – the overall cost of Rospatent in 2014 year

208,3 thousand. patents to the invention operated at the end of 2014

42,3 thousand. Trademarks was registered in 2014

to 2.28 pc. should grow by 2015 the number of applications for invention (based on the 10 th. people) filed with Rospatent year

About 200 thousand. applications for inventions expects Rospatent in 2015

Up to 25% is expected to grow in 2015, the share of applications received in Rospatent electronically

3,36 млн requests it was done in a retrieval system of Rospatent in 2014

383 subscriber received official publications of Rospatent last year

Source: Rospatent

The interlocutor RBC Ministry of Culture I found it difficult to answer the question positively or negatively affect the activity of the new Russian Authors’ Society transfer of functions of the Ministry of Rospatent. Sources in public organizations involved in the collection of the author, said that while there is no signs of problems.

Easy figure

will be headed by a joint Rospatent newly appointed head of the agency Gregory Ivliev. “We decided to immediately issue with the leader and has appointed him to the formation of life, in order to avoid any ambiguity or innuendo about the person who will head this service,” – Shuvalov said.

«He has good relations with employees of the administration (President), – explained the choice of the first vice-premier. – We felt that for the construction of the Institute of his candidacy is the most convenient and the most suitable for us … And, based on the experience and knowledge of others, that there is, we believe that under the new leader, you will be able to smoothly pass [period the formation of the new service], because the ministries and departments will, of course, resist ».

Before 2007 Ivliev headed legal department of the State Duma. Favorites from the Orenburg region in 2007, quite unexpectedly, he became chairman of the Committee on Culture, beating competitors like a status Iosif Kobzon, which caused outrage even his fellow party Stanislav Govorukhin.

His move from the role of non-public apparatchik the high Duma a post he was obliged to the then Speaker Boris Gryzlov, told RBC familiar Ivlieva. In the role of head of the committee on culture he quickly gained credibility in the eyes of management “United Russia”, acting as the main speaker for the party culture.

Duma Ivliev left shortly before the 2011 elections, going to work Deputy Minister of Education . His head the committee for several months took his future chief Vladimir Medina, which Ivliev still maintained good relations at work in the committee.

The problem of copyright Ivliev take a few years ago. In 2013, he, together with the Ministry of Culture Vladimir Medina represented in the working group of the Presidential Administration to finalize the “anti-piracy” legislation. The group supervised by the first deputy head of the Presidential Administration Vyacheslav Volodin, lasted only a month, and then removed itself from the resolution of disputes between representatives of Internet companies and agencies.

Ivliev the Ministry of Culture in the rank of deputy minister and then developed toughening amendments proposed blocking access to sites with controversial content in the working groups of the government. In May last year, again called for tougher penalties for the owners of the site with “pirated” content. Ivliev did not respond to the call of RBC.

The relationship Mikhalkov, Medina and Ivlieva interlocutors RBC of public organizations declined to comment. Two companion in different ministries reported that Ivlieva and Medina relationship “complex”. The first was the Deputy Minister of Culture, they went “not on a friendly note,” said a source in the department. Interlocutor RBC in another ministry explained that the appointment of the head of Rospatent Ivlieva approved Prime Minister Dmitry Medvedev, and the combination of the two posts – Rospatent and the Ministry of Culture – was not welcomed.

With the participation of Svetlana Reuters Elena Malysheva Alice and Irene Shtykinoy Yuzbekovoy

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