“This conference
comes at an important time as Russia joins the World Trade Organization (WTO)
and takes on direct participation in the WTO Agreement on Trade-related Aspects
of Intellectual Property Rights (TRIPS),” wrote ICC Secretary General Jean-Guy
Carrier in an open letter to the Forum participants. “Russia’s adoption of
TRIPs will be a significant boost to the fight against counterfeiting – here in
the Russian Federation and worldwide.”
Representing ICC’s
Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative at the
Forum, BASCAP Director Jeffrey Hardy presented the findings from the BASCAP report
Promoting and Protecting Intellectual
Property Rights in the Russian Federation to Mr Medvedev.
The report sets out BASCAP’s recommendations for policy and legislative changes
needed to bring Russia’s IP regime and IP enforcement efforts up to
international standards.
“I read with interest ICC’s recommendations, which
are very much in line with our priorities in what needs to be done in the
Russian Federation,” Mr Medvedev said in his closing
remarks.
Just 20 years ago, Russia was one of the worst IPR infringers in the
world, and even with some recent reforms, counterfeiting
and piracy in Russia still amounts to a staggering 24% of key retail sales, equal to nearly a
trillion rubles, according to the report.
“Combating counterfeiting and piracy must become a public policy
priority in Russia,” Mr Hardy said. “This effort must start with the government
sending a clear message to the criminal networks and others involved in
counterfeiting and piracy that this activity will no longer be tolerated – and
that increased enforcement of stronger IP laws will result in increased
punishment.”
These actions will help convince legitimate business owners and
consumers that the government is serious about protecting IP rights, and encourage
them to support these efforts. IPR protection standards in Russia are generally
recognized to be considerably below the levels of many developed and developing
countries. Its music market, for example, remains one of the most badly
performing markets in the world.
“Economic
growth is closely related to how well the economy encourages, stimulates
and fosters its creativity and innovation,” Mr Hardy said. “A critical factor in maximizing the value of
this intellectual capital is a clear legal and regulatory system that
recognizes the importance of the underlying intellectual property and
establishes and protects the property rights of the creators, inventors and
innovators.”
The BASCAP report shows the growing body of evidence
describing the positive link between the strengthening of IPRs and economic
development and increased rates of innovation. It illustrates the important role that IPR plays in attracting
foreign direct investment (FDI) and promoting R&D and technology transfer.
For Russia, recent studies by the World Intellectual Property Organization
(WIPO) show that copyright-related industries alone contribute more than 6% to
GDP and over 7% to employment in Russia.
The BASCAP study outlines a number of policy and
legislative recommendations including the need to:
- address inadequacies in civil
enforcement procedures
- improve action against Internet
infringements
- strengthen criminal IP law, strengthen
border controls and customs enforcement competence
- establish an effective dialogue
and cooperation between Russian authorities, IP rights holders and other
stakeholders
Another recommendation is for Russia to develop a comprehensive national IP strategy that
identifies needed legal and policy reforms, delineates implementation and
enforcement responsibilities and allocates sufficient resources to ensure
effective enforcement.
“We believe it is important for Russia to establish a new high-level IP
authority to coordinate and implement the national IP strategy and the
associated legislative and enforcement reforms,” Mr Hardy said. “The combination of a new national IP strategy
and a new IP coordination office will demonstrate that the Russian government
is committed to delivering incentives for growth in innovation and technology
development that strong IP rights and enforcement can provide.”
ICC, through its BASCAP initiative, and in partnership with ICC Russia
and Rusbrand, stands ready to do its part to help the Government of the Russian
Federation significantly advance IPR.
"The value of intellectual property
needs to be understood and respected by policymakers and enforcement
officials," said Alexey Popovichev, Executive Director of Rusbrand, the
association of Branded Goods Manufacturers in Russia. "Government should
be a high-profile champion for IP and the knowledge-intensive industries that
rely on IP to monetize their ideas. Such businesses need the Russian government
to take a more active role in
protecting IP rights,promoting the value IP and its importance
to business development and economic growth."
BASCAP said its recommendations are put forward as a roadmap for
improvement and can go a long way in helping to meet new and higher standards
required by WTO TRIPS. The full set of policy and legislative recommendations
are delineated in the report.
Download the Promoting and Protecting Intellectual Property Rights in the Russian Federation report