Statute of the Federal Service for Intellectual Property

I. General Provisions

1. The Federal Service for Intellectual Property, Patents and Trademarks shall be a Federal executive authority performing functions of control and supervision in the area of the legal protection and exploitation of intellectual property rights, patents and trademarks, and also the results of intellectual activities to be involved in the economic and civil law commercialization; observance of interests of the Russian Federation, the Russian natural and legal persons in the distribution of rights in the results of intellectual activities, including those to be created in the framework of the international scientific and technological cooperation.

2. The Federal Service for Intellectual Property, Patents and Trademarks shall be under the Ministry of Education and Science of the Russian Federation.

3. The Federal Service for Intellectual Property, Patents and Trademarks shall be guided, in its activities, by the Constitution of the Russian Federation, the Federal constitutional laws, the Federal laws, Acts of the President of the Russian Federation and Government of the Russian Federation, international treaties of the Russian Federation, statutory laws of the Ministry of Education and Science of the Russian Federation and also by this Statute.

4. The Federal Service for Intellectual Property, Patents and Trademarks shall carry out its activities in cooperation with other Federal executive authorities, executive authorities of the Russian Federation's entities, local authorities, public associations and other organizations.

 

II. Powers

5. The Federal Service for Intellectual Property, Patents and Trademarks shall exercise the following powers in the established field of activities:

5.1. acceptance and examination of applications for intellectual property rights; issue, in the established manner, of patents of the Russian Federation for invention, utility model, industrial design, of certificates of the Russian Federation for trademark, service mark, for the right of using an appellation of origin, for a trademark well-known in the Russian Federation, of certificates of the official registration of a computer program, database, topology of integrated circuit;

5.2. registration of contracts to grant a right in inventions, utility models, industrial designs, trademarks, service marks, computer programs, databases, topologies of integrated circuits, and also commercial concession contracts to use intellectual property rights to be protected in accordance with the Patent Law of the Russian Federation;

5.3. certification and registration of patent attorneys of the Russian Federation, as well as issuance of registration certificates to this effect;

5.4. publication of data concerning:

5.4.1. the registered intellectual property rights, applications filed and patents and certificates issued to this effect;

5.4.2. the validity, termination and renewal of the validity of the legal protection in respect of intellectual property rights; transfer of intellectual property rights to be protected;

5.4.3. the official registration of intellectual property rights;

5.5. transfer of the payable patent fees and registration charges to the income of the State budget and repayment to the payers of the said fees and charges paid incorrectly or in excess;

5.6. exchange of the USSR Author's Certificates for Invention, the USSR Author's Certificates for Industrial Design and the USSR Patents for Invention issued in the name of the USSR State Collection of Inventions for the Russian Federation Patents for Invention;

5.7. extension of the patent term for invention relating to the means which application requires the permission of the authorized body in accordance with the legislation of the Russian Federation, of the patent term for industrial design, of the utility model certificate (patent), of the certificate of the registration of a trademark, service mark, of the certificate of the right to use an appellation of origin, and also renewal of the patent for invention, utility model, industrial design terminated in connection with failure to pay a maintenance fee in due time;

5.8. in cases provided for by the legislation and international treaties of the Russian Federation, invalidation or premature termination of the legal protection of a trademark, service mark, appellation of origin, invalidation of a patent for invention, industrial design, a certificate (patent) for utility model, a certificate of the right to use an appellation of origin;

5.9. organization, in the established manner, of competitions and conclusion of the State contracts for placing orders of the delivery of goods, performance of works, provision of services for the needs of the Service and R&D for other State needs in the established field of activities;

5.10. inspection, in the established manner, of the activities of organizations exercising rights of the Russian Federation in intellectual property and the results of intellectual activities;

5.11. performance of functions of the main administrator and recipient of the means provided from the State budget for maintenance of the Service and implementation of its functions;

5.12. provision, under its terms of reference, of the protection of data comprising the State secret;

5.13. interaction, in the established manner, with the State power bodies of foreign states and international organizations in the established field of activities;

5.14. organization of the reception of citizens, provision of a timely and full examination of oral and written appeals of citizens followed by the subsequent decision-taking and responding to the applicants within the time established by the legislation of the Russian Federation;

5.15. mobilization preparation of the Service and also control and coordination of activities of the subordinate mobilization preparation organizations;

5.16. professional training of Service's managerial personnel, their retraining, skills improvement and on-the-job training;

5.17. performance of works, in accordance with the legislation of the Russian Federation, aimed at acquiring, storing, accounting and using archives relating to the Service's activities;

5.18. information and methodological provision of activities of the executive authorities performing law enforcement functions in the sphere of civil commercialization of intellectual property rights;

5.19. performance of other functions in the established field of activities, in cases where such functions are provided by the Federal laws, statutory laws of the President of the Russian Federation or Government of the Russian Federation.

6. The Federal Service for Intellectual Property, Patents and Trademarks, in order to implement powers in the established field of activities, shall be entitled:

6.1. to produce explanations in respect of issues attributable to the sphere of activities of the Service, to legal and natural persons;

6.2. to order the performance of necessary investigations, tests, examinations, analyses and estimations, as well as scientific research regarding the issues of supervision in the established field of activities;

6.3. to suppress the acts of violating the legislation of the Russian Federation in the established field of activities and to apply measures as provided by the legislation of the Russian Federation of a restrictive, preventive and protective nature, aimed at banning and/or eliminating consequences of violating by legal persons and citizens the obligatory requirements in the established field of activities;

6.4. to establish advisory and examining bodies (councils, commissions, groups, boards) in the established field of activities;

6.5. to promulgate, on the basis and to execute the Constitution of the Russian Federation, the Federal constitutional laws, the Federal laws, Acts of the President of the Russian Federation and Government of the Russian Federation, statutory laws of the Ministry of Education and Science of the Russian Federation, separate legal acts on the issues attributable to the Service's sphere of activities.

7. The Federal Service for Intellectual Property, Patents and Trademarks shall not be entitled to carry out in the established field of activities the normative and legal regulation, except for cases stipulated by Acts of the President of the Russian Federation and Decrees of the Government of the Russian Federation, and also the management of the State property and provision of services requiring payment.

Limitations of the Service's powers as provided in the first item of this Paragraph, shall not extend to powers of the Director General of the Federal Service for Intellectual Property, Patents and Trademarks as regards the management of property assigned to the Service based on the right of day-to-day management, personnel policy and organization of the Service's activities.

 

III. Organization of Activities

8. The Federal Service for Intellectual Property, Patents and Trademarks shall be headed by the Director General to be appointed to, and relieved of, the post by the Government of the Russian Federation upon representation of the Minister of Education and Science of the Russian Federation.

The Director General of the Federal Service for Intellectual Property, Patents and Trademarks shall bear the personal responsibility for the performance of functions entranced to the Service.

The Director General of the Federal Service for Intellectual Property, Patents and Trademarks has its deputies to be appointed to, and relieved of, the post by the Minister of Education and Science of the Russian Federation upon representation of the Service's Director General.

The number of deputies of the Director General of the Federal Service for Intellectual Property, Patents and Trademarks shall be established by the Government of the Russian Federation.

9. The Director General of the Federal Service for Intellectual Property, Patents and Trademarks shall:

9.1. distribute the duties among his/her deputies;

9.2. submit to the Minister of Education and Science of the Russian Federation:

9.2.1. a draft Statute of the Service;

9.2.2. proposals regarding a limit labor force and the wages fund of the Service's employees;

9.2.3. proposals regarding candidates for the post of deputies of the Service's Director General;

9.2.4. annual working plans and forecast indicators of the Service's activities, and also a Report reflecting the activities thereof;

9.3. submit for consideration of the Minister of Education and Science of the Russian Federation the draft statutory laws on the issues attributable to the Service's terms of reference;

9.4. affirm the regulations of the Service's structural subdivisions and, in the established manner, appoint to, and relieve of, the post of the Service's employees; conclude, amend, cancel labor contracts with the said employees;

9.5. affirm the charters and appoint to, and relieve of, the post of the Director Generals of subordinate organizations;

9.6. decide, in accordance with the legislation of the Russian Federation as to the State Service, the issues associated with the Federal State Service at the Service;

9.7. affirm the structure and time-table of the Service within the limits of labor force and wages fund established by the Government of the Russian Federation, and also the cost-benefit estimate of allocations provided in the Federal budget for the corresponding period of time;

9.8. issue orders having a statutory nature, while day-to-day and other current matters concerning the Service's organization of activities – those orders having a non-statutory nature;

10. Financing of costs for the maintenance of the Federal Service for Intellectual Property, Patents and Trademarks shall be carried our at the expense of means provided in the State budget.

11. The Federal Service for Intellectual Property, Patents and Trademarks shall be a legal person having a public seal indicating the State Emblem of the Russian Federation and its own naming; other seals, stamps and forms of the established sample, accounts to be opened in accordance with the legislation of the Russian Federation.

12. The Federal Service for Intellectual Property, Patents and Trademarks shall be located in Moscow.