Russia to Introduce Temporary Pre-Grant Protection for Industrial Designs

On December 18, 2018, the lower house of the Russian parliament approved a set of amendments to Part IV of the Civil Code introducing a temporary, unregistered form of protection for industrial designs through an optional pre-grant publication of design applications. The amendments are still awaiting approval of the upper house of Russia’s parliament and the presidential signature, but they are expected to enter into force in early 2019.

According to the amendments, at the request of applicants, the Russian IPO will publish, in the Official Bulletin, information about industrial design applications that have passed a formal examination. Temporary protection will be granted to these designs from the date of publication. Currently, designs are published in the Official Bulletin upon grant only, after they also pass the substantive examination.

The amendments aim to provide an unregistered form of protection for industrial designs with a short product life cycle, such as fashion designs. Currently it takes between six and 20 months to examine a design application. If the amendments enter into force, applicants will be able to obtain industrial design protection within two or three months from filing the application. The industrial design application will not be published if the application was withdrawn, abandoned, or if it matured into a granted, registered industrial design.

By: Tatyana Kulikova

For more information, please contact Tatyana Kulikova at our Russia office.