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DECISION OF BOARD OF THE EUROASIAN ECONOMIC COMMISSION

of March 6, 2018 No. 35

About maintaining the unified customs register of intellectual property items of state members of the Eurasian Economic Union" (together with "Regulations of maintaining the unified customs register of intellectual property items of state members of the Eurasian Economic Union")

For the purpose of implementation of the subitem 6 of Item 2 of article 89 of the Agreement on the Eurasian Economic Union of May 29, 2014, Article 385 of the Customs code of the Eurasian Economic Union the Board of the Euroasian economic commission solved:

1. Approve the enclosed Regulations of maintaining the unified customs register of intellectual property items of state members of the Eurasian Economic Union.

2. Declare invalid the Decision of the Commission of the Customs union of June 18, 2010 No. 290 "About Regulations of interaction of customs authorities of state members of custom union concerning maintaining the unified customs register of intellectual property items".

3. Ask state members of the Eurasian Economic Union within 30 calendar days from the effective date of the act of the Euroasian economic commission of approval of procedure, the stipulated in Item Customs code of the Eurasian Economic Union of the 6th Article 384, provide to the Euroasian economic commission of the offer on procedure for inclusion of names of places of goods origin in the unified customs register of intellectual property items of state members of the Eurasian Economic Union.

4. This Decision becomes effective after 30 calendar days from the date of its official publication, but not earlier than the date of entry into force of the decision of Board of the Euroasian economic commission on approval of the technological documents regulating information exchange in case of realization by means of the integrated information system of the Eurasian Economic Union of general process "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union".

Chairman of Board of the Euroasian economic commission
T. Sargsyan

Approved by the Decision of Board of the Euroasian economic commission of March 6, 2018, No. 35

Regulations of maintaining the unified customs register of intellectual property items of state members of the Eurasian Economic Union

I. General provisions

1. These Regulations are developed according to the subitem 6 of Item 2 of article 89 of the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement) and Article 385 of the Customs code of the Eurasian Economic Union (further - the Code) taking into account Regulations on the Euroasian economic commission (appendix No. 1 to the Agreement) and determine procedure for maintaining the unified customs register of intellectual property items of state members of the Eurasian Economic Union (further respectively - state members, the Union), including procedure for inclusion in this register of intellectual property items, exceptions of it of such objects, entering of changes (amendments) into it, prolongation of term of protection by customs authorities of state members of the rights to intellectual property items (further - protection term) and order of interaction of customs authorities of state members and the Euroasian economic commission (further - the Commission) in case of inclusion of intellectual property item in the specified register.

2. For the purposes of these Regulations concepts which mean the following are used:

"unified register" - the unified customs register of intellectual property items of state members representing set of data on intellectual property items concerning which customs authorities of state members take measures, stipulated in Article 124 Codes;

"applicant" - the owner (person having exclusive right on intellectual property item) or the person representing the interests of the owner (several owners) and taking the permanent location (registered) in the territory of one of state members which submit the application;

"statement" - the address provided to the Commission about inclusion of intellectual property items in the unified register;

"providing" - effectual in law in all state members the agreement (agreements) of liability insurance for causing property harm to persons in connection with suspension of term of release of goods or other agreement (agreements) confirming ensuring obligation fulfillment about compensation of property harm uncertain (at the time of the conclusion of the agreement) to the group of people;

"obligation" - the obligation of the owner (in writing) about compensation of property harm which can be caused to the customs applicant, the owner, the receiver of goods or other persons in connection with suspension of term of release of goods;

"working days" - days of the week Monday through Friday on which the days announced non-working according to the legislation of the state of stay of the Commission and also the days off for which according to the legislation of the state of stay of the Commission the working days are postponed do not fall.

Other concepts used in these Regulations are applied in the values determined by the Agreement and other international treaties and acts constituting the right of the Union.

3. For the purposes of application of these Regulations are understood as the central customs authorities:

for the Republic of Armenia - Committee of state revenues under the Government of the Republic of Armenia;

for the Republic of Belarus - the State Customs Committee of the Republic of Belarus;

for the Republic of Kazakhstan - Committee of state revenues of the Ministry of Finance of the Republic of Kazakhstan;

for the Kyrgyz Republic - the State Customs Service under the Government of the Kyrgyz Republic;

for the Russian Federation - the Federal Customs Service.

4. Maintaining the unified register includes:

a) acceptance and consideration of the applications and other addresses of applicants;

b) inclusion of intellectual property items in the unified register;

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