658THE YEAR IN REVIEW
more job opportunities for Russians.
Many Russian industries will benefit from foreigninvestment through new links to multinational insurance providers, banking services, tele-communications, and distribution services. In return, these benefits establish a more lib-eral trade environment due to Russia’s legally binding commitment to conform to WTOrules and open its foreign trade and investment regimes to the scrutiny of WTOmembers.
Opposition to joining the WTO appeared mainly in the form of political rhetoric fromthose who fear that Russia is succumbing to the influence of the United States and the West.
Certain industries, such as the agriculture sector and automobile manufacturers,opposed accession because free trade would create stiffer competition and negatively affect domestic production when these industries lose the national protectionism they have his-torically enjoyed.
WTO members must ensure that their laws offer fair and equitable enforcement proce-dures to permit actions against intellectual property (IP) infringement, including injunc-tions, damages, and, in some cases, criminal penalties. The Agreement on Trade-Related Aspects on Intellectual Property Rights (TRIPS)
requires transparency between mem-bers, mandating the publication of IP-related laws, regulations, judicial decisions, and ad-ministrative rulings. Russia therefore is obligated to bring its IP laws and practices intocompliance with WTO standards. Although Russia has taken steps to amend its IP laws,it has yet to address concerns raised by WTO members in Russia’s Pre-Accession Report,including the need to develop technical means of protection and to monitor collectivemanagement organizations.
Some Russian IP laws already meet international standards. The Civil Code protectsauthors’ rights (copyrights) and follows the “first-to-file” patent priority system, consis-tent with most of the world. It also protects patent rights to inventions, utility models,industrial designs, agricultural advancements, and animal breeding, recognizes “know-how” (similar to U.S. trade secrets), and protects trademarks and service marks. But crit-
, Andrey Goltsblat,
WTO Will Help Russia Become a Global Leader
(Aug. 30,2012), http://www.themoscowtimes.com/opinion/article/wto-will-help-russia-become-a-global-leader/ 467311.html.5.
‘It’s a Trap!’ – Russian Leftists Hold Protests Against WTO Entry
(July 3, 2012,5:43 PM), http://rt.com/politics/leftists-hold-protests-entry-296/.7.
8.The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Or-ganization, signed in Marrakesh, Morocco, Apr. 15, 1994. Marrakesh Agreement Establishing the World Trade Organization, Apr. 15, 1994, 1867 U.N.T.S. 154,
Report of the Working Party on the Accession of the Russian Federation
, WT/ACC/RUS/ 70, at 315-30 (Nov. 17, 2011),
THE YEAR IN REVIEW
AN ANNUAL PUBLICATION OF THE ABA/SECTION OF INTERNATIONAL LAWPUBLISHED IN COOPERATION WITHSMU DEDMAN SCHOOL OF LAW