Eurasia and IP

Introduction

The Eurasian Economic Union is an economic union of states located in Central and Northern Asia and Eastern Europe. It was created in 2015. The cooperation of the Member States of the Eurasian Economic Community in the field of protection and enforcement of intellectual property rights is carried out in the following main directions:

1) Support for scientific and innovative development;

2) Improvement of the mechanisms of commercialization and use of intellectual property;

3) Creation of a favorable environment for copyright holders and holders of related rights in the Member States;

4) Introduction of a registration system for trademarks and service marks of the Eurasian Economic Union and appellations of origin of goods of the Eurasian Economic Union;

5) Protection of intellectual property rights, including on the Internet;

6) Ensuring effective customs protection of intellectual property rights, including through the maintenance of a common customs registry of intellectual property of the Member States;

7) Implementation of coordinated measures to prevent and combat trafficking in counterfeit goods

Contribution of EEC in the global sphere

In order to improve the regulatory legal framework of the Eurasian Economic Union in the sphere of intellectual property, the Eurasian Economic Commission monitors amendments in international law, national legislation of the Member States of the Eurasian Economic Union in this area on an on-going basis. The Eurasian Economic Commission also directs efforts towards adequate, comprehensive research on the possible negative trends concerning trade in intellectual property, in order to develop measures to overcome them together with Member States of the Eurasian Economic Union.

The Eurasian Economic Commission carries out continuous interaction with the authorised authorities of the Member States of the Eurasian Economic Union, as well as international cooperation in the field of intellectual property, including international organisations, and representatives of third States in order to exchange best practice and open information for use in standard-setting activities.

For example, the Eurasian Economic Commission successfully cooperates with the World Intellectual Property Organization (WIPO), the European Union Intellectual Property Office (EUIPO), the Eurasian Patent Organization (EAPO), as well as diplomatic missions and representatives of other organisations. They include the European Union Delegation to Russia, the French Embassy in the Russian Federation, the United States Embassy in the Russian Federation, the Delegation of the Japanese External Trade Development Organisation (JETRO), and others.

Since 2014, the Eurasian Economic Commission has held permanent observer status at WIPO.

Preparations are currently under way for the signing of a Memorandum of Understanding with the Eurasian Patent Organisation.

The Eurasian Economic Commission applies the best practices gleaned while implementing international contacts within the framework of work on draft international treaties in the field of intellectual property.

National Treatment

Nationals of one Member State shall be granted national treatment on the territory of another Member State with regard to the legal treatment of intellectual property. Legislation of a Member State may provide exceptions to the national treatment in respect of judicial and administrative proceedings, including with regard to indication of an address for correspondence and appointment of a representative.

The Member States of the Eurasian Economic Union may provide in their legislation any rules ensuring a higher level of protection and enforcement of intellectual property rights than it is set out in international legal acts applicable to the Member States, as well as in international treaties and acts constituting the law of the Eurasian Economic Union.

Trademarks

Independent applications must be filed in each country. It is the conventional way to file a trademark. The treaty on the Eurasian Economic Union (Protocol for the Protection and Enforcement of IPR) was signed by Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia. There is no unified office for EAEU trademarks. Adaptation to the treaty will result in joint cooperation of offices of all EAEU countries. It is the unified register of EAEU trademarks. The procedure for registration is simpler, faster and cheaper. Applications must be filed in Russian Language with the PTO of any EAEU country. Foreign applicants must appoint a representative among trademark attorneys of the EAEU countries. Time limit for examination is 6 months. Formal examination is conducted by receiving offices and substantive examination is conducted by national offices of member states. Examination results of national offices are sent to the receiving authority which accepts the registration.

Patents

The EAEU does not issue patents and there is no EAEU patent as such. Patent protection may be obtained by national patents system of each member state or via the Eurasian regional patent system.  The Eurasian Patent Organization (EAPO) is an intergovernmental organization established in accordance with the Eurasian Patent Convention (EAPC) and intended to regulate the grant of a Eurasian patent.

EAPO has a total of eight member states, including Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan, and Turkmenistan.

An application for a Eurasian patent covers all Contracting States of the Eurasian Patent Convention, and a Eurasian patent is granted for all these Contracting States together.

The types of patent applications that can be filed include Convention Application, PCT National Phase Application, Divisional Application, and Non-Convention Application.

In EAPO, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.

The types of patents that can be protected include process patent and product patent.

The novelty grace period is six months preceding the filing date.

Eurasian patents are valid for twenty years from the date of filing of the application, subject to the payment of annual fees.

The annual maintenance fees must be paid before or on the anniversary of the filing date (international filing date for PCT applications) of the Eurasian patent application. The amount of the annual fees to be paid is equal to the aggregate sum of the annual fees for the maintenance of the Eurasian patent in the Contracting States for the corresponding year. The annual maintenance fees must be paid to the Eurasian Patent Office, which distributes part of the annual maintenance fees among the Contracting States and keeps the remaining part with it.

Post-grant opposition can be filed within six months after patent publication.