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The document ceased to be valid since  December 23, 2016 according to the Resolution of the Cabinet of Ministers of Ukraine of December 7, 2016 No. 903

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 17, 2002 No. 675

About approval of the Procedure for decision making about application to subjects of housekeeping of the special measures directed to the termination of violations of requirements of the Law of Ukraine "About features of state regulation of the activities of subjects of housekeeping connected with production, export, import of disks for laser systems of reading, matrixes"

(as amended on 14-09-2011)

The Cabinet of Ministers of Ukraine decides:

Approve the Procedure for decision making about application to subjects of housekeeping of the special measures directed to the termination of violations of requirements of the Law of Ukraine "About features of state regulation of the activities of subjects of housekeeping connected with production, export, import of disks for laser systems of reading, matrixes" it (is applied).

 

Prime Minister of Ukraine A. KINAH

Approved by the resolution of the Cabinet of Ministers of Ukraine of May 17, 2002, No. 675

Procedure for decision making about application to subjects of housekeeping of the special measures directed to the termination of violations of requirements of the Law of Ukraine "About features of state regulation of the activities of subjects of housekeeping connected with production, export, import of disks for laser systems of reading, matrixes"

General provisions

1. This Procedure determines the mechanism of application of the special measures directed to the immediate termination of violations of requirements of the Law of Ukraine "About features of state regulation of the activities of subjects of housekeeping connected with production, export, import of disks for laser systems of reading, matrixes" (further - the Law).

2. Treat special measures which can be applied, according to the decision State service of intellectual property, in connection therewith Rather:

a) restriction of activities of subjects of housekeeping;

b) temporary prohibition of activities of subjects of housekeeping;

c) cancellation of the license for production of disks for laser systems of reading (further - disks) and/or matrixes (further - the license);

d) temporary cancellation of the license;

The specified decision can provide application of one or several special measures. The chosen special measure shall be adequate to the actual circumstances and its application shall exclude possibility of further violation of the law.

Restriction of activities of subjects of housekeeping

3. Restriction of activities of subjects of housekeeping provides complete cessation or stop for a certain time (before elimination of the found violations of requirements of the Law) its works in general or structural divisions of the subject (departments, workshops, warehouses and so forth) occupied with production, export, import of disks and/or matrixes or export, import of the equipment and raw materials for their production.

4. In case of need of the room which are used by the subject of housekeeping for implementation of the activities which are limited are sealed.

5. The decision on restriction of activities is subject to accomplishment by the subject of housekeeping in the time determined in it.

6. Activities of the subject of housekeeping are limited if violations of the law be immediately stopped, in particular in such cases:

a) in case of identification of such violations of the law which effects cannot be eliminated immediately and further activities of the subject of housekeeping can lead to damnification to subjects of intellectual property rights in big sizes or before significant increase in quantity of disks and/or matrixes which are made, exported, or matrixes which are imported with violation of requirements of the Law;

b) failure to carry out of the decision of Public service of intellectual property on elimination of the found violations.

7. Recovery of activities of the subject of housekeeping is performed only according to the written permission of Public service of intellectual property.

Questions concerning possibility of recovery of activities of the subject of housekeeping is considered by Public service of intellectual property within three working days after receipt from the subject of housekeeping of the message on elimination of the found violations, confirmed with the corresponding inspection statement, the intellectual property which is carried out by the state questions inspector.

The expenses connected with recovery of activities of the subject of housekeeping belong into its account.

Temporary prohibition of activities of the subject of housekeeping

8. Temporary prohibition of activities of the subject of housekeeping provides prohibition of implementation by it of activities, including accomplishment of separate actions, works, functions or transactions, in particular such as production (separate stages of engineering procedure), shipment, implementation (sale), creation of reports and so forth which bring or can lead to violation of requirements of the Law, for the period before complete elimination of the found violations.

9. The decision on restriction of activities is made if violation of the law it is possible to eliminate by the termination (prohibition) of separate actions, technological transactions without stopping works of the subject of housekeeping in general (or its structural divisions).

In case of need the equipment or other property by means of which the activities which are subject to temporary ban are performed is sealed.

10. The decision on temporary prohibition of activities of the subject of housekeeping is subject to accomplishment by the subject of housekeeping in the time determined in it.

11. Activities of the subject of housekeeping or its separate parts (actions, functions, transactions and so forth) are temporarily prohibited in all cases of detection of such violations of requirements of the Law which need the immediate termination, including violations of requirements of the Law for which the financial responsibility in the form of penalties is provided.

12. Temporary prohibition of activities of the subject of housekeeping also readiness to perform activities according to the Law is terminated the decision of Public service of intellectual property after control verification of information from the subject of housekeeping on elimination of the violations of the law found by the previous check.

Within three working days after receipt of such information from the subject of housekeeping the state inspector carries out on site control inspection of reliability of the submitted information by results of which the statement is drawn up.

13. In the decision on temporary prohibition of activities of the subject of housekeeping work types, actions, functions, transactions which accomplishment is forbidden are surely specified.

Cancellation of the license

14. Cancellation of the license provides complete cessation of its action and deprivation of the licensee of the right to implementation of noted type of economic activity.

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