DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of October 30, 2018 № 174

About approval of Rules of realization of general process "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union"

According to Item 30 of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix №3 to the Agreement on the Eurasian Economic Union of May 29, 2014) and being guided by the Decision of Board of the Euroasian economic commission of December 19, 2016 №169, the Board of the Euroasian economic commission decided:

1. Approve the enclosed Rules of realization of general process "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union".

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Approved by the Decision of Board of the Euroasian economic commission of October 30, 2018 № 174

Rules of realization of general process "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union"

I. General provisions

1. These rules are developed according to the following international treaties and acts incoming the right of the Eurasian Economic Union (further – the Union):

The agreement on the Eurasian Economic Union of May 29, 2014;

The agreement on the Customs code of the Eurasian Economic Union of April 11, 2017;

The decision of Board of the Euroasian economic commission of November 6, 2014 No. 200 "About the technological documents regulating information exchange in case of realization by means of the integrated information system of foreign and mutual trade of general processes";

The decision of Board of the Euroasian economic commission of April 14, 2015 № 29 "About the list of general processes within the Eurasian Economic Union and modification of the Decision of Board of the Euroasian economic commission of August 19, 2014 № 132";

The decision of Board of the Euroasian economic commission of June 9, 2015 №63 "About the Analysis technique, optimization, harmonizations and descriptions of general processes within the Eurasian Economic Union";

The decision of Board of the Euroasian economic commission of December 19, 2016 No. 169 "About approval of the Procedure for realization of general processes within the Eurasian Economic Union";

The 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". 

2. These rules are the basis for accomplishment of process design and work planning on organizational technical supply of realization of general process "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union" (further respectively – general process, the Unified register).

3. Realization of general process is stipulated in Item 21 Section IV of the list of general processes within the Union approved by the Decision of Board of the Euroasian economic commission of April 14, 2015 №29 (further – the list).

4. The concepts used in these rules are applied in the values defined by the international treaties and acts constituting the right of the Union.

II. Purposes and tasks

 5. The purpose of realization of general process is ensuring effective protection of the rights to intellectual property items with customs authorities of state members of the Eurasian Economic Union (further - state members) on the basis of forming, maintaining and use of data of the Unified register according to the Regulations of maintaining the unified customs register of intellectual property items of state members of the Eurasian Economic Union approved by the Decision of Board of the Euroasian economic commission of March 6, 2018 №35 (further - Regulations).

6. For goal achievement of realization of general process it is necessary to solve the following problems:

1) to provide information exchange between the applicant and the Eurasian economic commission (further – the Commission) in the following processes:

submission of data for inclusion of intellectual property items in the Unified register;

submission of data for modification (amendments) of the Unified register, including for the purpose of prolongation of term of protection;

submission of data for exception of intellectual property items of the Unified register;

2) to provide realization of information exchange between the Commission and the central customs authorities in the course of consideration of the data provided by the applicant for inclusion of intellectual property items in the Unified register and also for the purpose of informing the central customs authorities on changes (amendments) entered in the Unified register (inclusion of intellectual property items, exception of intellectual property items, change (amendment) of data on intellectual property items);

3) to provide publication of data from the Unified register on information portal of the Union, and also submission of the published data from the Unified register to participants of foreign economic activity and other interested persons (further – interested persons), including on requests from their information systems;

4) to provide realization of exchange of electronic documents between:

applicant and Commission;

Commission and central customs authorities;

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