Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

AGREEMENT

of May 31, 2019

About interaction of customs authorities of the State Parties of the Commonwealth of Independent States in the field of protection of the rights to intellectual property items

The governments of the State Parties of the Commonwealth of Independent States (further - the CIS) which further are referred to as with the Parties

proceeding from provisions of the Agreement on cooperation and mutual assistance in customs affairs of April 15, 1994,

based on rules of international law in the field of legal protection and protection of intellectual property,

expressing concern in scales of the international distribution of counterfeit goods which causes damage to economy of the State Parties of this agreement, legal business activity, cultural development and scientific and technical progress, and also threatens safety, life and health of consumers,

understanding need of state cooperation - participants of this agreement when taking measures to protection of the rights to intellectual property items and counteraction of the international realization of counterfeit goods,

being sure that the cooperation in fight against violations of the rights to intellectual property items will promote simplification and acceleration of procedures of import and commodity exportation between the State Parties of this agreement according to international standards,

agreed as follows:

Article 1

The terms used in this agreement mean the following:

"competent authorities of the Parties" - the central customs authorities of the State Parties of this agreement (authorized bodies in the field of customs affairs), responsible for implementation of this agreement;

"counterfeit goods" - the goods containing intellectual property items (objects of copyright and the related rights, the trademarks, geographical instructions, names of places of goods origin) created and/or moved through customs border of the State Parties of this agreement with violation of the rights of the owner, the stipulated by the legislation State Parties of this agreement;

"intellectual property" - is understood in the value specified in article 2 of the Convention of July 14, 1967 establishing World Intellectual Property Organization.

Article 2

Subject of this agreement is the organization of interaction of competent authorities of the Parties for the purpose of implementation of the measures aimed at the development of cooperation in the field of protection of the rights to intellectual property items.

Article 3

For the purpose of providing the organization of protection of the rights to intellectual property items competent authorities of the Parties perform cooperation in shape:

exchange of information, on demand or on own initiative, about the legislation of the states regarding the organization of protection of the rights to intellectual property items;

exchange of training, methodical and special materials;

experience exchange according to the prevention, identification and suppression of offenses in the field of intellectual property;

exchange of information about the elicited facts of movement of goods in mutual trade of the State Parties of this agreement with violation of the law in the field of intellectual property;

exchange of information about goods concerning which there is suspicion that their movement can be performed with violation of the law in the field of intellectual property;

strengthenings of contacts, carrying out joint surveys and exchange of opinions in the field of protection of the rights to intellectual property items, including by the organization of joint conferences, seminars, meetings and other actions;

assistance in professional training, retraining and advanced training of the personnel which is carried out as on multilateral, and bilateral bases.

Competent authorities of the Parties can approve on the mutual basis forms, amounts and terms of exchange of information connected with implementation of this Article.

Article 4

Any information obtained within this agreement is used by exclusively competent authorities of the Parties and only for the purposes of this agreement. It can be transferred or used in other purposes only if the competent authority of the Party which provided such information expressed on that consent in writing.

Article 5

Competent authorities of the Parties light in mass media of the states positive work experience according to the prevention, identification and suppression of violations of the rights to intellectual property items.

Article 6

In the consent of the Parties the changes which are its integral part which are drawn up by the relevant protocol can be made to this agreement.

Article 7

The possible disagreements which arose in connection with interpretation or application of this agreement are permitted by means of consultations and negotiations between competent authorities of the Parties.

Article 8

Each Party independently incurs the expenses connected with implementation of provisions of this agreement.

Article 9

This agreement becomes effective from the date of receipt by depositary of the third notification on accomplishment by the Parties of the interstate procedures necessary for its entry into force which signed it.

For the Parties which performed interstate procedures later this agreement becomes effective from the date of receipt by depositary of adequate notices.

Article 10

This agreement after its entry into force is open for accession to it of any State Party of the CIS by transfer to depositary of the document on accession.

For the joining state this agreement becomes effective after 30 days from the date of receipt by depositary of the document on accession.

Article 11

Each Party has the right to leave this agreement, having sent the written notice of it to depositary not later than six months to exit.

It is made in the city of Ashgabat on May 31, 2019 in one authentic copy in Russian. The authentic copy is stored in Executive committee of the Commonwealth of Independent States which will send within 30 days to each state which signed this agreement, its verified copy.

For the Government of the Azerbaijan Republic

N. Mamedov (with clause)

For the Government of the Russian Federation

D. Medvedev

For the Government of the Republic of Armenia

The vice-Prime Minister M. Grigoryan (with special opinion)

For the Government of the Republic of Tajikistan

First Deputy Prime Minister D. Said

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