“A ROAD MAP” HAS BEEN APPROVED IN THE FIELD OF INTELLECTUAL PROPERTY REGULATION IN RUSSIA
The road map includes 24 measures focused on the development of the intellectual property concept. The most crucial measures include the following:
- - introducing income tax rebates in relation to income earned from royalties;
- - granting the right to citizens, including self-employed individuals, to register trademarks and exercise their rights to them;
- - giving an opportunity to dispose of an exclusive right via an information system. Such disposal constitutes a deed;
- - enabling scientific and educational institutions to use “exclusive rights” as a contribution to the seed capital of “start-ups”.
The Road Map provides for the implementation into the Russian legislation of international treaties on the legal protection of Eurasian trademarks and industrial designs. This will enable the legal protection of the marks and rights on the territory of several countries by filing one application. The Road Map measures are to be implemented by 2021.
ROSPATENT HAS CONSOLIDATED ALL DATA ON PHARMACEUTICAL PATENTS IN EFFECT ON THE TERRITORY OF THE EEU INTO A SINGLE REGISTER OF PHARMACOLOGICALLY ACTIVE SUBSTANCES
Within the framework of the EEU Russia will create a unified register of pharmacologically active substances protected by a patent for an invention.
The introduction of the initiative is directed towards the development of the pharmaceutical industry in the countries of the Union, and will help to introduce innovative drugs to the EEU market. Ensuring access to the register for all interested parties will improve the drug registration system and facilitate the state procurement procedures. The register will discourage early market entry of generics to the detriment of the rights holder’s interests. The register is seen as a tool for preventing patent infringement.
The Eurasian Register does not impede the conduct of scientific research, and does not hinder the arrangements necessary for the production of generics in order to start production immediately after the expiration of the patent. By analogy with the Unified Customs Register of Intellectual Property Objects of the EEU Member States, the mechanism will be applied only upon request of the right holder.
The register is expected to only recognize those patents that protect the individual chemical compounds. This will make it possible to exclude patents for the methods of production and any modifications of known chemical compounds.
THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION HAS IDENTIFIED A PROBLEMATIC PROVISION OF THE CIVIL CODE RELATED TO THE COMPENSATION FOR TRADEMARK INFRINGEMENT
The Constitutional Court of the Russian Federation recognized that the provision on the right to claim a twofold compensation – for instance, the right to use a trademark – does not comply with the Constitution as it does not allow the court to reduce the amount of compensation.
According to the law, the courts should have the right to reduce compensation at the request of the defendant taking into account all the circumstances relevant to the case. The courts should consider the nature of the violation and the difficult financial situation of the defendant. According to the current legislation, the court has the right to reduce the compensation by the amount not exceeding its double value (i.e., it should not be less than the value of the right to use the trademark). Following the decision of the CC of the Russian Federation, amendments are expected to be made to the norms of the Civil code.
CHANGES IN PATENT LEGISLATION OF UKRAINE
Changes were made to the legislation of Ukraine with regard to the legal protection of inventions. In particular:
- - the list of objects of technologies which are not subject to legal protection has been expanded;
- - the possibility of filing applications in electronic form has been provided for;
- - the right to file a reasoned objection against the application within six months from the date of publication of the details of the invention application has been granted;
- - the procedure for granting additional protection for the rights to inventions has been clarified;
- - the list of rights and obligations of the holders of rights to inventions (utility models) has been expanded;
- - the possibility to recognize the rights to inventions and utility models as invalid in the administrative procedure ("post – grant opposition") has been provided for.
New provisions aim to harmonize the national legislation with the provisions of the EU law. The scope of rights and obligations of the holders of rights to inventions/utility models has been expanded.
The Law also clarifies the procedure for granting additional protection of exclusive rights to inventions in the field of pharmaceuticals.
INFORMATION SYSTEM ON THE PRODUCTION AND IMPORT OF LOW-QUALITY AND COUNTERFEIT PRODUCTS IN UZBEKISTAN
Within the next two months the Standardization, Metrology and Certification Agency of Uzbekistan (Uzstandard) will deploy an information system on manufacturing and import of low-quality, non-certified and counterfeit goods, and in particular, goods included in the rapid alert systems for dangerous goods and prohibited imports in the EU and the EAEU.
From January 1st, 2021, a ban will be introduced on the clearance under the customs regime “release for free circulation” of goods included in the foreign countries’ rapid alert systems for dangerous goods.
By January 1st, 2021, the Agency using the “regulatory guillotine” method will ensure the cancellation of 5,236 standards approved before 1995, with the adoption of international, regional and foreign standards in an identical form without changing the requirements for products in the original language.
In addition, the Agency shall provide the certification bodies with information on goods that do not meet the requirements of technical regulations, standards and norms of the manufacturing country, and shall impose the state control over the prevention of circulation of these goods on the domestic market of Uzbekistan.
UZBEKISTAN STRENGTHENS CUSTOMS CONTROL OVER THE IMPORT OF MEDICINES
The Customs Committee strengthened control over the suppression of the import of counterfeit pharmaceutical products. As a result of efficient measures taken by the officers of the Anti-Smuggling and Customs Audit Department, several offences were prevented, counterfeit medical products and medicines were seized.
PRODUCT LABELLING INNOVATIONS IN UZBEKISTAN
Commencing on August 1st, 2020, in Uzbekistan it is prohibited to issue a certificate of conformity for most types of imported consumer goods in the absence of manufacturer’s marking in the state language of the Republic of Uzbekistan (the Uzbek alphabet based on the Latin script).
The following goods are excepted from the abovementioned rule:
- - Goods without consumer packaging;
- - Goods which are imported for own needs and not intended for production or other commercial activities;
- - Goods for official use of diplomatic and consular representations of foreign states in the Republic of Uzbekistan, of the international and intergovernmental organizations, of the representations of foreign states to these organizations and other international organizations, and also for the personal use by their employees;
- - Exhibition items, specimens for testing, products for the research and marketing.
The General Technical Regulations on Foodstuff Safety with regard to its labelling provide that the information on the product and its manufacturer shall be placed:
- - on the consumer packaging,
- - and/or on the label,
- - and/or on the insert.
The previously applied practice of applying a sticker to product packaging does not comply with the established rules and may entail legal and reputational risks. The sale of products without labeling in the state language is considered a violation of trade rules (realization of goods without documents).
Products entered into civil circulation (registered under the customs regime "release for free circulation") before August 1st, 2020, are sold according to the requirements in force until August 1st, taking into account the availability of a permissive sticker.
In cases where consumer products are imported without a certificate of conformity in Uzbekistan, for example, under the certificates issued in OECD countries (The Organization for Economic Cooperation and Development), requirements for product labelling in the state language still apply, regardless of the country of certificate issuance.
The above requirements potentially create new opportunities for combating counterfeit goods circulation and parallel imports.
AMENDMENTS IN THE SPHERE OF PERSONAL DATA REGULATION
Since the adoption of the Law of the Republic of Kazakhstan "On Personal Data and their Protection" dated May 21, 2013, its actual application has raised many questions. Mechanisms for storing and processing personal data of foreign nationals in Kazakhstan caused a special problem.
On July 7, 2020, changes in the sphere of personal data regulation, introduced by Law No. 347-VI of June 25, 2020, entered into force.
On July 19, 2020, the new Code of the Republic of Kazakhstan "On Public Health and the Healthcare System" (which also regulates the protection of personal data) came into force.
The following new concepts have been introduced into the legislation on personal data protection:
- - the Ministry of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan became the competent authority in the area of the personal data protection;
- - natural persons are allowed to demand the exclusion of their personal data from the open sources if their generally accessible personal data 1 were collected and processed in violation of the law. The costs of the personal data deletion from the open sources are paid by the owner and/or the operator of the source in question;
- - the entity which is the owner and/or the operator of the database containing personal data must appoint an officer responsible for the protection of the personal data;
- - the list of personal data necessary and sufficient for the fulfilment of certain activities was amended;
- - the concept of the "protection of the personal data service" is introduced. The service provides for the informational interaction of owners and (or) operators with the data subject, including reception from the subject of the consent to gathering, processing of the personal data or their transfer to the third parties, in particular via such interaction by owners and (or) operators independently.
- - the concept of "Voluntary cyberinsurance" is introduced. This is a type of insurance activity in the sphere of personal data, the purpose of which is compensation of property damage caused to the subject, owner and/or operator, third party, in accordance with the legislation of the Republic of Kazakhstan on insurance and insurance activity.
Personal data in healthcare
- - Processing, storage and protection of personal medical data stored at the national level is carried out by the Ministry of Health of the Republic of Kazakhstan;
- - the Code introduces new definitions into the healthcare legislation of the Republic of Kazakhstan such as:
- - "personal medical data" are personal data that contain information about an individual's health and the medical services provided to him/her, recorded on electronic, paper or other tangible media;
- - "personal medical data aggregator" is a digital healthcare subject, collecting, processing, storing, protecting and providing personal medical data in accordance with the rules approved by the authorized body;
- - "set of structured personal medical data" – an electronic medical data records related to a specific case of medical care.
The Code defines a specific list of persons who have access to personal medical data of an individual with his/her consent only in the part necessary for the provision of the respective services.
1“Generally accessible personal data” are personal data and information which according to the legislation of the Republic of Kazakhstan are not subject to confidentiality requirements and are freely accessible with the consent of the data subject.
For additional information, please contact Legalmax experts in this field - Zhanna Abylhanova, Alexander Lobanov or your regular contact person at Legalmax Law Firm.