Answers for three previous questions.
Paragraph 4 of Article 1349 CC RF as a whole establishes exclusions from patent rights of solutions contradicting societal interests and principles of humanity and morality, which are common exclusions from patent rights. Subparagraphs 1-3 of the abovementioned paragraph emphasize solutions recognized as subject to exclusion from patent rights. Similar approach is used on the European Union level: Additional Protocol on the Prohibition of Cloning Human Beings of 1998 to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine of 1997, Directive 98/44/EC.
It should be noted that provisions of 4quarter Article of the Paris Convention for the Protection of Industrial Property, according to which "The grant of a patent shall not be refused and a patent shall not be invalidated on the ground that the sale of the patented product or of a product obtained by means of a patented process is subject to restrictions or limitations resulting from the domestic law". Thus limitations or reductions of sales of a product in which the invention as well as utility model or industrial design applied for may be embodied, cannot serve as a basis for the recognition of the object of patent rights applied for as contradicting societal interests, principles of humanity and morality with the exception of the cases of direct prohibition of usage (sales) on the territory of the Russian Federation of such particular product as contradicting societal interests, principles of humanity and morality. The list of objects in Paragraph 4 of Article 1349 CC RF includes solutions commercial usage of which shall be prevented for the sake of public order maintenance and morality protection, including protection of life and health of the population as well as preventing extensive damage to the environment.
Seemingly provisions of Paragraph 4 of Article 1349 CC RF imply the same meaning as provisions of TRIPS Article 27(2).
Paragraph 6 of Article 1350 CCR F (in the question Article 1349 was named mistakenly): Legal protection as inventions shall not be granted to: varieties of plants, breeds of animals and biological methods of obtaining them, with the exception of microbiological methods and products obtained through the use of such methods; the topology of integrated circuits. Such objects are recognized as independent result of intellectual activity (Paragraph 1 of Article 1225 CC RF) and are provided by CCRF with a separate ("special"») legal protection.
Legal protection of varieties of plants and breeds of animals is granted by Chapter 73 CC RF as to achievements of breeding.
Legal protection of integrated circuit layouts is explained in Chapter 74 CC RF. CC RF retains the principles of protection and use of integrated circuit layouts established in Law of Russian Federation № 3526-I d.d. 23.09.1992 "On legal protection of topology of integrated circuits" in force prior to Part 4 CC RF. The legal protection granted by the present Code shall extend only to an original integrated circuit layout created as the result of the creative activity of an author and/or specialists unknown to the author in the area of integrated circuit layout development on the date of its creation (Paragraph 2 of Article 1448 CC RF).
According to Article 1452 CC RF the rightholder, during the time period of effectiveness of the exclusive right to the layout may at his option register the layout with the Federal agency of executive authority for intellectual property. The rules of such optional state registration of topology of integrated circuits are determined by the Administrative Rules of Procedure of execution by the Federal agency of executive authority for intellectual property, patents and trademarks functions of receiving applications for state registration of topology of integrated circuits and of their consideration and issuance in accordance with the established procedure of a certificate on state registration of an integrated circuit layout, approved by Order № 323 d.d. 29.10.2008 of the Ministry of Education and Science of the Russian Federation.
