WIPO Opens Fifth External Office, In Moscow

On 23 March, Russian Prime Minister Dmitry Medvedev signed a decree establishing a World Intellectual Property Organization office in Moscow.

The official name is the Decree of the RF Government No. 426-p, “On Signing the Agreement between the Government of the Russian Federation and the World Intellectual Property Organization for the Establishment of the Office of the World Intellectual Property Organization in the Russian Federation.”

The draft agreement for the establishment of the Moscow office was prepared by the Ministry of Economic Development, Ministry of Foreign Affairs, and other federal executive authorities of the Russian Federation. Both the draft agreement and Decree No. 426-p were officially published here [in Russian].

According to the Russian government website, the agreement is envisaged to “positively impact the development of the infrastructure of intellectual property as well as increase the level of protection of intellectual property in the Russian Federation.”

As stated in the agreement preamble, the parties recognise “the benefits of closer cooperation that contribute to the development of the global system of intellectual property” [unofficial translation]. Essentially, the Moscow office is intended to support the WIPO in the implementation of its mandate for the maintenance of the WIPO global systems and capacity building in the field of intellectual property, as well as rendering technical assistance within the framework of WIPO programmes for global infrastructure development (Article 1 of the draft agreement).

The agreement defines objectives and functions, legal capacity, privileges and immunities of the Moscow office, as well as inputs of the parties.

In particular, WIPO shall bear costs to cover salaries and other monetary remunerations, transportation and living costs for the Moscow office staff, including personnel hired locally (Article 2 of the draft agreement). On behalf of the Russian government, office premises and related utility services necessary for its operations shall be provided on the free-of-charge basis (Article 3). The office staff shall be appointed by the WIPO.

The scope of the legal capacity of the Moscow office is determined as necessary to implement its objectives and includes powers to conclude agreements, attain and dispose of movable and immovable property, and institute court proceedings (Article 4).

As stipulated by the Decree No. 426-p, the Federal Service for Intellectual Property – Rospatent – is entrusted to hold further negotiations with the WIPO and, upon reaching accord, sign the agreement on behalf of the Russian government.

The Moscow office is expected to start operating after the agreement is signed and ratified by the Russian Federation.

Ratification is required in accordance with Article 15 (1) of the Federal law of December 25, 2012, No. 254-FZ “On International Agreements of the Russian Federation” since the agreement intends to establish certain rules that are currently not provided under the Russian legislation (in particular, privileges and immunities provided to the Moscow office as the representative office of an international organisation and its officials, including certain tax and legal liability exemptions).

Upon the commencement of operations, the Moscow office will become the fifth WIPO external office, joining branches in the United States, Japan, Brazil and Singapore.