It is registered
Ministry of Justice
Russian Federation
On June 6, 2019 No. 54861
of January 28, 2019 No. 131
About approval of Administrative regulations of the Federal Customs Service on provision of the state service in maintaining the customs register of intellectual property items
According to provisions of part 4 of article 334 of the Federal Law of August 3, 2018 No. 289-FZ "About customs regulation in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2018, No. 32, the Art. 5082, No. 49, the Art. 7524), the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2018, No. 31, the Art. 4858), orders of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, the Art. 3169, No. 35, Art. 5092; 2012, No. 28, Art. of 3908, №36, of the Art. 4903, No. 50, Art. 7080, No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523; 2018, No. 6, the Art. 880, No. 25, the Art. 3696, No. 36, the Art. 5623, No. 46, the Art. 7050) and Item 1 of the Regulations on the Federal Customs Service approved by the order of the Government of the Russian Federation of September 16, 2013 No. 809 (The Russian Federation Code, 2013, No. 38, the Art. 4823, No. 45, Art. 5822; 2014, No. 37, Art. 4971; 2015, No. 2, Art. 491, No. 47, Art. 6586; 2016, No. 17, Art. 2399, No. 28, Art. 4741; 2017, to No. 25, of the Art. 3689), I order:
1. Approve the enclosed Administrative regulations of the Federal Customs Service on provision of the state service in maintaining the customs register of intellectual property items.
2. Declare invalid the order of FCS of Russia of August 13, 2009 No. 1488 "About approval of Administrative regulations of the Federal Customs Service on execution of the state function on maintaining the customs register of intellectual property items" (it is registered by the Ministry of Justice of the Russian Federation 14.12. 2009, registration No. 15592).
3. To impose control of execution of this order on the first deputy head of FCS of Russia R. V. Davydov.
4. This order becomes effective after 30 days after day of its official publication.
Head
V. I. Bulavin
Appendix
to the Order of the Federal Customs Service of the Russian Federation of January 28, 2019 No. 131
1. The administrative regulations of the Federal Customs Service on provision of the state service in maintaining the customs register of intellectual property items (further - Administrative regulations) are developed for the purpose of providing with customs authorities the Russian Federation (further - customs authorities) protection of the rights to intellectual property items (further - OIC).
2. The administrative regulations determine terms and the sequence of ministerial procedures (actions) of FCS of Russia, order of interaction of FCS of Russia, its structural divisions with owners of OIC, their representatives, federal executive bodies by provision of the state service in maintaining the customs register of intellectual property items (further - the state service).
3. Applicant is the owner having good causes to believe that violation of its rights to OIC in connection with commodity importation to the Russian Federation or commodity exportation from the Russian Federation can take place or when making other actions with the goods which are under customs control (further - the Applicant).
Owners are the Russian and foreign physical persons and legal entities, including the individual entrepreneurs having exclusive rights on objects of copyright and the related rights, on trademarks (service marks) or names of places of goods origin.
The statement for provision of the state service on behalf of the owner who is the foreign person and not having possibility of representation in the territory of the Russian Federation before customs authorities moves through the Russian legal entities, or the physical persons having the Russian citizenship and living in the Russian Federation, including registered in the territory of the Russian Federation as the individual entrepreneurs authorized according to documents of title to perform interaction from FCS of Russia on the questions connected with maintaining the customs register of intellectual property items (further - the representative).
4. Data on procedure for representation of the state service, on the course of consideration of the application on provision of the state service can be received by the Applicant with use of the official site of FCS of Russia (www.customs.ru), the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) (further - the Single portal).
5. Information on the course of the consideration of the application given in the form of the electronic document with use of the Internet (further - Internet network), can be received by the Applicant with use of private office on the official site of FCS of Russia (www.customs.ru) or on the Single portal (further - the Private office).
6. Reference information concerning provision of the state service is posted on the official site of FCS of Russia (www.customs.ru), the official sites of customs authorities in Internet network, on the Single portal, at information stands of customs authorities.
7. State service "Maintaining the Customs Register of Intellectual Property Items".
8. The state service is provided to FCS of Russia.
On behalf of FCS of Russia provision of the state service is directly performed by structural division of FCS of Russia which competence questions of protection of intellectual property rights enter (further - Management).
9. FCS of Russia has no right to demand from the Applicant of implementation of actions the, including coordination necessary for receipt of the state service and connected with the appeal to other state bodies and the organizations, except for receipts of the services included in the list of services which are federal executive bodies, State Atomic Energy Corporation "Rosatom" of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 (The Russian Federation Code, 2011, No. 20, Art. 2829; 2018, No. 40, Art. 6129; 2019, No. 5, Art. 390).
10. Removal of FCS of Russia of the following decisions which are drawn up on paper and/or in the form of the electronic document is result of provision of the state service:
the decision on inclusion of OIC (about refusal in inclusion) in the Register;
the provisional solution about inclusion of OIC in the Register;
the decision on modification (about refusal in modification) in the Register;
decision on prolongation of term of inclusion of OIC in the Register;
decision on exception of OIC of the Register.
11. In case of execution of the decision of FCS of Russia in the form of the electronic document its registration is performed using information software of the Single automated information system of customs authorities (further - EAIS of customs authorities).
12. Day of receipt of the statement for inclusion of OIC in the Register (the form is given in appendix No. 1 to Administrative regulations), about prolongation of term of inclusion of OIC in the Register (the form is given in appendix No. 2 to Administrative regulations), about exception of OIC of the Register (the form is given in appendix No. 3 to Administrative regulations), and also addresses about change of the data specified in the statement for inclusion of OIC in the Register or in the documents attached to it (the form is given in appendix No. 4 to Administrative regulations), day of its registration in Administration of FCS of Russia is considered.
13. Consideration of the applications, listed in Item 12 of Administrative regulations, is performed in time, not exceeding one month from the date of their receipt in FCS of Russia.
14. The term of consideration of the application about inclusion of OIC in the Register can be suspended and prolonged according to article 328 of the Federal Law of August 3, 2018 No. 289-FZ "About customs regulation in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2018, No. 32, of the Art. 5082, No. 49, of the Art. 7524) (further - the Federal Law).
14.1. For the purpose of check of reliability of the data of FCS of Russia provided by the Applicant has the right to request from the owner (his representative), the third parties, and also in law enforcement and other state bodies the documents confirming the declared data.
At the same time the term of consideration of the application about inclusion of OIC in the Register stops before receipt of the documents requested by FCS of Russia or the expiration of their obtaining provided by the paragraph the second this Item, but no more than for one month.
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