DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of September 2, 2019 No. 148

About 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"

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 Eurasian economic commission of November 6, 2014 № 200, the Board of the Eurasian economic commission decided:

1. Approve enclosed:

Rules of 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";

Regulations of information exchange between authorized bodies of state members of the Eurasian Economic Union and the Eurasian economic commission 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";

The description of formats and structures of the electronic documents and data used for 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";

Procedure for accession to general process "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union".

2. Determine that the term of accomplishment of the procedure of accession to general process "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union" does not exceed 9 months from the date of the introduction of this Decision in force.

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

Approved by the Decision of Board of the Eurasian economic commission of September 2, 2019 No. 148

Rules of 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"

I. General provisions

1. These rules are developed according to the following 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 the Commission of the Customs union of September 20, 2010 No. 378 "About the qualifiers used for filling of customs papers";

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 Eurasian economic commission of January 27, 2015 No. 5 "About approval of Rules of electronic data exchange in the integrated information system of foreign and mutual trade";

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".

The decision of Board of the Eurasian economic commission of October 30, 2018 No. 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".

II. Scope

2. These rules "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union" (further - general process), including the description of the procedures performed within this general process are developed for the purpose of determination of procedure and conditions of information exchange between participants of general process.

3. These rules are applied by participants of general process in case of control of execution order of procedures and transactions within general process, and also during the designing, development and completion of components of the information systems providing realization of general process.

III. Basic concepts

4. For the purposes of these rules concepts which mean the following are used:

"authorization" - provision to certain participant of general process of the rights to accomplishment of certain actions;

"intellectual property item" - copyright object, object of the related rights, the trademark (service mark);

"condition of information object of general process" - the property characterizing information object at certain stage of its lifecycle, changing in case of accomplishment of transactions of general process;

"the central customs authorities" - the state bodies of state members authorized in the field of customs affairs of the Eurasian Economic Union.

The concepts "unified register", "applicant", "statement", "providing" and "obligation" used in these rules are applied in the values determined by 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 Eurasian economic commission of March 6, 2018 No. 35 (further - Regulations).

The concepts "group of procedures of general process", "information object of general process", "contractor", "transaction of general process", "procedure of general process" and "participant of general process" used in these rules are applied in the values determined by the Analysis technique, optimizations, the harmonization and the description of general processes within the Eurasian Economic Union approved by the Decision of Board of the Eurasian economic commission of June 9, 2015 No. 63.

IV. Main data on general process

5. Full name of general process: "Forming, maintaining and use of the unified customs register of intellectual property items of state members of the Eurasian Economic Union".

6. Specification symbol of general process: P.SP.01, version 1.0.0.

1. Purpose and tasks of general process

7. 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 Regulations.

8. For goal achievement 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, including on requests from their information systems;

4) to provide realization of exchange of electronic documents between the applicant and the Commission, the Commission and the central customs authorities;

5) to provide integration between general process and general process "Registration, legal protection and use of trademarks, service marks of the Eurasian Economic Union" which realization is stipulated in Item 22 Sections IV of the List, regarding idea of up-to-date information of registered trade marks, service marks of the Union and information on the documents confirming this registration.

2. Participants of general process

9. The list of participants of general process is provided in table 1.

Table 1

List of participants of general process

Specification symbol	Name	Description
1	2	3
P.ACT.001	Commission	structural division of the Eurasian economic commission within which competence questions in the field of intellectual property which is responsible for maintaining the unified register, including reception of applications and the addresses from applicants, transfer to their authorized bodies, decision making about possibility of inclusion of intellectual property items in the unified register or about failure in inclusion of intellectual property items in the unified register, decision making about modification (amendments) of the unified register, decision making about exception of intellectual property items of the unified register are
P.SP.01.ACT.001	authorized body of state member	the central customs authority of state member participating in processes of information exchange with the Commission by consideration of the data provided by the applicant for inclusion of intellectual property items in the unified register in case of receipt of data 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)
P.SP.01.ACT.002	applicant	legal entity or physical person - 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, appeals to the Commission
P.SP.01.ACT.003	interested persons	the legal entity or physical person using in the activities data from the unified register in the interests

3. Structure of general process

10. General process represents set of the procedures grouped according to the destination:

1) procedures of forming and maintaining the unified register;

2) procedures of use of the unified register.

11. In case of performing procedures of general process forming and maintaining the unified register which contains data on the intellectual property items protected in each state member is performed.

When forming and maintaining the unified register the following procedures of general process included in group of procedures of forming and maintaining the unified register are performed:

inclusion of intellectual property items in the unified register;

consideration of the address of the applicant about modification (amendments) of the unified register;

modification (amendments) of the unified register;

prolongation of term of protection;

exception of intellectual property items of the unified register based on the address of the applicant;

exception of intellectual property items of the unified register in case of the bases which are not connected with the address of the applicant;

change (amendment) of the data relating to turnover of goods (the data determined in Item 45 of Regulations).

When using the unified register the following procedures of general process included in group of procedures of use of the unified register are performed:

receipt of information on date and time of updating of the data relating to turnover of goods or on date and time of updating of the unified register;

receipt of information on changes (amendments) entered in the unified register;

receipt of information on changes (amendments) of the data relating to turnover of goods;

receipt of the statement from the unified register;

receipt of data from the unified register on requests of interested persons.

12. The provided structure declaration of general process is provided in the figure 1.

Fig. 1. Structure of general process

13. The execution order of the procedures of general process grouped according to the destination including the disaggregated activity description of general process, is given in the Section VIII of these rules.

14. For each group of procedures the general scheme showing communications between procedures of general process and procedure for their accomplishment is provided. The general scheme of procedures is constructed with use of the graphical notation of UML (unified modeling language - UnifiedModelingLanguage) and supplied with the text description.

4. Group of the procedures "Procedures of Forming and Maintaining the Unified Register" (P.SP.01.PGR.001)

15. Procedures of forming and maintaining the unified register are carried out in process of receipt in the Commission of the corresponding statements and addresses from the applicant.

Submission of data in case of performing procedures of forming and maintaining the unified register is performed according to Regulations of information exchange between authorized bodies of state members of the Eurasian Economic Union and the Eurasian economic commission 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", the approved Decision of Board of the Eurasian economic commission of September 2, 2019 No. 148 (further - Regulations of information exchange).

The format and structure of the represented data shall match the Description of formats and structures of the electronic documents and data used for 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", to No. 148 approved by the Decision of Board of the Eurasian economic commission of September 2, 2019 (further - the Description of formats and structures).

In case of receipt in the Commission of the statement the "Inclusion of Intellectual Property Items in the Unified Register" procedure is performed (P.SP.01.PRC.001) as a result of which the Commission makes the decision on inclusion of intellectual property item in the unified register, to the applicant and authorized body of state member goes the adequate notice, or to the applicant the notice of failure in inclusion of objects in the unified register goes.

In case of receipt in the Commission of the address of the applicant about modification (amendments) of the unified register the "Consideration of the Address of the Applicant about Modification (Amendments) of the Unified Register" procedure is performed (P.SP.01.PRC.002) as a result of which the Commission makes the decision on modification (amendments) of the unified register, or in case of refusal in modification (amendments) of the unified register to the applicant goes the notification on it.

In case of adoption by the Commission of the decision on modification (amendments) of the unified register by results of consideration of the address of the applicant about modification (amendments) of the unified register, and also in case of detection of need of introduction of corrections of technical nature, the "Modification (Amendments) of the Unified Register" procedure is performed (P.SP.01.PRC.003) as a result of which data on intellectual property item change (are supplemented) in the unified register, to the applicant and authorized body notifications on it go.

In case of receipt in the Commission of the address of the applicant about prolongation of term of protection of the rights to intellectual property items the Prolongation of Term of Protection procedure is performed (P.SP.01.PRC.004) as a result of which the term of protection of the rights to intellectual property items is prolonged, to the applicant and authorized body notifications on it go, or to the applicant the notice of failure in prolongation of term of protection goes.

In case of receipt in the Commission of the address of the applicant about exception of intellectual property item of the unified register the "Exception of Intellectual Property Items of the Unified Register based on the Address of the Applicant" procedure is performed (P.SP.01.PRC.005) as a result of which the intellectual property item is excluded from the unified register, to the applicant and authorized body of state member notifications on it go.

In case of the bases for exception of intellectual property item of the unified register specified in Item 46 of Regulations and not connected with the address of the applicant the "Exception of Intellectual Property Items of the Unified Register in case of Emergence of the Bases Which Are Not Connected with the Address of the Applicant" procedure is performed (P.SP.01.PRC.006) as a result of which the intellectual property item is excluded from the unified register, to the applicant and authorized body of state member notifications on it go, or the intellectual property item remains in the unified register without changes.

When entering by the applicant of changes (amendments) into the data relating to turnover of goods the "Change (Amendment) of the Data Relating to Turnover of Goods" procedure is performed (P.SP.01.PRC.007) as a result of which the data relating to turnover of goods change (are supplemented) in the unified register, the Commission, to the applicant and authorized body of state member notifications on it go.

Forming and filing of applications and other addresses, modification of the data relating to turnover of goods are performed by the applicant in electronic form with use of services of personal account of the applicant on information portal of the Union. For interaction with the applicant from the Commission the services of personal account of the official (employee) of the Commission placed on internal part of information portal of the Union are used.

16. The provided description of group of the procedures "Procedures of Forming and Maintaining the Unified Register" (it is provided to P.SP.01.PGR.001) in the figure 2.

Fig. 2. General run chart of group of the procedures "Procedures of Forming and Maintaining the Unified Register" (P.SP.01.PGR.001)

17. The list of the procedures of general process incoming group of the procedures "Procedures of Forming and Maintaining the Unified Register" (P.SP.01.PGR.001), is given in table 2.

Table 2

The list of the procedures of general process incoming group of the procedures "Procedures of Forming and Maintaining the Unified Register" (P.SP.01.PGR.001)

Specification symbol	Name	Description
1	2	3
P.SP.01.PRC.001	inclusion of intellectual property items in the unified register	the procedure is intended for consideration of the address of the applicant about inclusion of intellectual property items in the unified register and protection of the rights to intellectual property items in the territory of state members
P.SP.01.PRC.002	consideration of the address of the applicant about modification (amendments) of the unified register	the procedure is intended for consideration of the address of the applicant about modification (amendments) of the unified register and decision makings about modification (amendments) of the unified register or about failure in modification (amendments) of the unified register
P.SP.01.PRC.003	modification (amendments) of the unified register	the procedure is intended for modification (amendments) of the unified register based on the address of the applicant or due to the need of introduction of corrections of technical nature
P.SP.01.PRC.004	prolongation of term of protection	the procedure is intended for prolongation of term of protection of the rights to intellectual property items
P.SP.01.PRC.005	exception of intellectual property items of the unified register based on the address of the applicant	the procedure is intended for exception of intellectual property items of the unified register based on the address of the applicant
P.SP.01.PRC.006	exception of intellectual property items of the unified register in case of the bases which are not connected with the address of the applicant	the procedure is intended for exception of intellectual property items of the unified register in case of the bases which are not connected with the address of the applicant
P.SP.01.PRC.007	change (amendment) of the data relating to turnover of goods	the procedure is intended for modification (amendments) of the data relating to turnover of goods

5. Group of the procedures "Procedures of Use of the Unified Register" (P.SP.01.PGR.002)

18. Procedures of use of the unified register are performed in case of receipt of the corresponding technological requests from information systems of authorized bodies of state members, applicants or interested persons.

Within performing procedures of use of the unified register the following types of the technological requests arriving from information systems of authorized bodies of state members are processed:

information request about date and time of updating of the unified register;

information request about date and time of updating of the data relating to turnover of goods;

information request about changes (amendments) entered in the unified register;

information request about changes (amendments) of the data relating to turnover of goods.

In need of information request about date and time of updating of the unified register or information request about date and time of updating of the data relating to turnover of goods the "Receipt of Information on Date and Time of Updating of the Data Relating to Turnover of Goods or on Date and Time of Updating of the Unified Register" procedure is performed (P.SP.01.PRC.008).

In need of request about changes (amendments) entered in the unified register the "Receipt of Information on Changes (Amendments) Entered in the Unified Register" procedure is performed (P.SP.01.PRC.009).

In need of request about changes (amendments) made to the data relating to turnover of goods the "Receipt of Information on Changes (Amendments) Made to the Data Relating to Turnover of Goods" procedure is performed (P.SP.01.PRC.010).

With use of service of personal account the applicant sends technological inquiries to the Commission for submission of the statement from the unified register.

In case of receipt of technological request about submission of the statement from the unified register the "Receipt of the Statement from the Unified Register" procedure is performed (P.SP.01.PRC.011) by results of which accomplishment the statement is created of the unified register and is represented to the applicant.

In case of receipt of technical requests of interested persons or from their information systems through information portal of the Union the "Receipt of Data from the Unified Register on Requests of Interested Persons" procedure is performed (P.SP.01.PRC.012) by results of which accomplishment the requested data from the unified register are represented to interested persons.

Representation to interested persons of up-to-date information from the unified register with search capability (filtering) in the selected parameters and unloadings of information in external files is provided with means of services on information portal of the Union.

Representation of up-to-date information from the unified register at the request of external information system with search capability (filtering) in the selected parameters is provided with means of services of information portal of the Union.

19. The provided description of group of the procedures "Procedures of Use of the Unified Register" (it is provided to P.SP.01.PGR.002) in the figure 3.

Fig. 3. General run chart of group of the procedures "Procedures of Use of the Unified Register" (P.SP.01.PGR.002)

20. The list of the procedures of general process incoming group of the procedures "Procedures of Use of the Unified Register" (P.SP.01.PGR.002), is provided in table 3.

Table 3

The list of the procedures of general process incoming group of the procedures "Procedures of Use of the Unified Register" (P.SP.01.PGR.002)

Specification symbol	Name	Description
1	2	3
P.SP.01.PRC.008	receipt of information on date and time of updating of the data relating to turnover of goods or on date and time of updating of the unified register	the procedure is intended for assessment of need of synchronization of the data of the unified register which are stored in information system of authorized body of state member with the data containing in the unified register in the Commission
P.SP.01.PRC.009	receipt of information on changes (amendments) entered in the unified register	the procedure is intended for synchronization of the data of the unified register which are stored in information system of authorized body of state member with the data containing in the unified register in the Commission
P.SP.01.PRC.010	receipt of information on changes (amendments) of the data relating to turnover of goods	the procedure is intended for synchronization of the data which are stored in information system of authorized body of state member relating to turnover of goods with the data which are relating to turnover of goods, stored as a part of the unified register in the Commission
P.SP.01.PRC.011	receipt of the statement from the unified register	the procedure is intended for receipt of the statement from the unified register at the request of the applicant
P.SP.01.PRC.012	receipt of data from the unified register on requests of interested persons	the procedure is intended for receipt of the data containing in the unified register through information portal of the Union or the services placed on information portal of the Union

V. Information objects of general process

21. The list of information objects, data on which or from which are transferred in process of information exchange between participants of general process are provided in table 4.

Table 4

List of information objects

Specification symbol	Name	Description
1	2	3
P.SP.01.BEN.001	statement and registration forms	the statement for inclusion of intellectual property item in the unified register and, the registration forms attached to it according to requirements of Regulations
P.SP.01.BEN.002	unified register	the unified customs register of intellectual property items representing set of data on intellectual property items concerning which customs authorities of state members take measures, stipulated in Article 124 Customs codes of the Eurasian Economic Union
P.LL.09.BEN.003	the data relating to turnover of goods	the data relating to intellectual property items, determined in Item 45 of Regulations

VI. Responsibility of participants of general process

22. Attraction to disciplinary responsibility for non-compliance with the requirements aimed at providing timeliness and completeness of transfer of the data participating in information exchange of officials and staff of the Commission is performed according to the Agreement on the Eurasian Economic Union of May 29, 2014, other international treaties and acts constituting the right of the Union, and officials and the staff of the central customs authorities of state members according to the legislation of state members.

VII. Reference books and qualifiers of general process

23. The list of reference books and qualifiers of general process is provided in table 5.

Table 5

List of reference books and qualifiers of general process

Specification symbol	Name	Type	Description
1	2	3	4
P.CLS.001	qualifier of the countries of the world	qualifier	contains list of names of the countries of the world and codes corresponding to them ( No. 378) is applied according to the Decision of the Commission of the Customs union of September 20, 2010
P.CLS.002	classification of currencies	qualifier	contains list of codes and names of currencies (No. 378) is applied according to the Decision of the Commission of the Customs union of September 20, 2010
P.CLS.003	single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (CN FEA EEU)	qualifier	contains list of codes and names of goods to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union
P.CLS.015	qualifier of modes of transport and transportation of goods	qualifier	contains list of types of vehicles and transportation of goods and the codes corresponding to them (No. 378) is applied according to the Decision of the Commission of the Customs union of September 20, 2010
P.CLS.018	qualifier of types of cargo, packaging and packaging materials	qualifier	contains list of codes and names of types of cargo, packaging and packaging materials and the codes corresponding to them ( No. 378) is applied according to the Decision of the Commission of the Customs union of September 20, 2010
P.CLS.025	qualifier of customs authorities of state members of the Eurasian Economic Union	qualifier	contains list of codes and names of customs authorities of state members
P.CLS.027	the qualifier of the document types used in the field of intellectual property including when holding the procedures connected with registration of intellectual property items of the Eurasian Economic Union	qualifier	contains list of codes and names of the document types used in the field of intellectual property including when holding the procedures connected with registration of intellectual property items of the Eurasian Economic Union
P.CLS.037	the international classification of goods and services for registration of signs	qualifier	the international classification of goods and services (MKTU) intended for the purposes of registration of signs (it is applied according to the Agreement on the International classification of goods and services to registration of signs, concluded in Nice on June 15, 1957)
P.CLS.051	the qualifier of the document types proving the identity	qualifier	contains list of codes and names of the document types proving the identity (No. 53) is applied according to the Decision of Board of the Eurasian economic commission of April 2, 2019
P.CLS.068	the reference book of methods of identification, business entities in case of their state registration in state members of the Eurasian Economic Union (determines type of number (code) of record by the state register (register) which is established when holding procedure of state registration to business entity)	reference book	contains list of identifiers and names of methods of identification, business entities in case of their state registration in state members

VIII. Procedures of general process

1. Procedures of forming and maintaining the unified register

"Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001)

24. The run chart of the "Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001) is provided in figures 4 - 6.

Fig. 4. The run chart of the "Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001) for transactions of P.SP.01.OPR.001 - P.SP.01.OPR.005

Fig. 5. The run chart of the "Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001) for transactions of P.SP.01.OPR.006 - P.SP.01.OPR.017

Fig. 6. The run chart of the "Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001) for transactions of P.SP.01.OPR.018 - P.SP.01.OPR.025

25. The "Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001) is carried out from the moment of submission of the statement by the applicant.

26. The first transaction is "Obtaining and check on compliance to the established requirements of the statement and the enclosed documents" (P.SP.01.OPR.001) as a result of which the Commission checks the documents and data submitted by the applicant for compliance to the requirements determined in the Section II of Regulations.

27. In case of establishment of the discrepancies by the Commission to the requirements determined in the Section II of Regulations leading to the termination of consideration of the application transaction "The direction of the notice of failure in consideration of the application" is carried out (P.SP.01.OPR.002).

28. If documents and data are provided not in full, transaction "The direction of the notification on need of submission of missing documents and data" is carried out (P.SP.01.OPR.003) by results of which accomplishment the Commission sends to the applicant the notification on need of submission of missing documents and data.

The commission expects the answer from the applicant to the notification on need of submission of missing documents and data in terms, stipulated in Item 23 Regulations.

29. In case of submission of missing documents and data in terms, stipulated in Item 23 Regulations, or after the specified terms transaction "Decision making by results of check of completeness of the submitted documents and data" is carried out (P.SP.01.OPR.004) as a result of which the Commission according to Regulations makes the decision on failure consideration of the application or the decision on further review of the specified statement.

30. If the decision on failure in consideration of the application is made, transaction "The direction of the notice of failure in consideration of the application" is carried out (P.SP.01.OPR.005) as a result of which to the applicant the notice of failure in consideration of the application goes.

31. If the decision on further review of the statement is made, transaction "The direction of the statement and registration forms for consideration by authorized body" is carried out (P.SP.01.OPR.006) as a result of which the Commission sends the statement and registration forms for consideration to authorized body of each state member.

32. Authorized body, having received the application and registration forms, "Acceptance and processing of the statement and registration forms in authorized body" confirms their obtaining and processing within transaction accomplishment (P.SP.01.OPR.007) by results of which accomplishment creates and directs the technological notification on acceptance and processing of the statement and registration forms.

33. In case of receipt by the Commission of the notification on acceptance and processing of the statement and registration forms transaction "Receipt of the notification on acceptance and processing of the statement and registration forms" is carried out (P.SP.01.OPR.008).

34. During the period from the moment of submission of the statement by the applicant before acceptance of the final decision by the Commission the applicant has the right to withdraw the specified application. In this case transaction "Receipt of the address about withdrawal of the statement" is carried out (P.SP.01.OPR.009) within which the applicant gives, and the Commission accepts the address about withdrawal of the statement.

35. If the address about withdrawal of the statement arrived during the period after the date of transmission of the specified statement and registration forms to authorized body of state member before acceptance of the final decision, the Commission carries out also transaction "Informing authorized body on withdrawal of the statement" (P.SP.01.OPR.010) as a result of which data on withdrawal of earlier submitted application will be sent to authorized body of each state member.

36. In case of receipt in authorized body of state member of data on withdrawal of earlier submitted application transaction "Receipt of data on withdrawal of the statement" is carried out (P.SP.01.OPR.011) as a result of which the authorized body of state member confirms obtaining and processing of data on withdrawal of earlier submitted application. Then transaction "Acceptance of the notification on receipt of data on withdrawal of the statement" is carried out (P.SP.01.OPR.012) by results of which the Commission accepts the notification on obtaining by authorized body of state member of data on response to statements to their processing.

37. From the moment of obtaining and processing by authorized body of state member of the statement and registration forms transaction "Verification of data of the statement and registration forms by authorized body" is carried out (P.SP.01.OPR.013). As a result of accomplishment of transaction in the presence of the bases for failure the failure of authorized body in inclusion of intellectual property item in the unified register goes to the Commission, and in the absence of the bases for failure the technological notification on possibility of inclusion of intellectual property item in the unified register goes. This transaction is carried out concerning each intellectual property item specified in the statement.

38. In case of receipt by the Commission of the technological notification on possibility of inclusion of intellectual property item in the unified register or failure of authorized body in inclusion of intellectual property item in the unified register transaction "Obtaining and processing of data by results of verification of the statement and registration forms by authorized body" is carried out (P.SP.01.OPR.014) by results of which the adequate notice goes to authorized body of state member.

39. In case of receipt in authorized body of the notification on obtaining and processing of data transaction "Obtaining and processing of the notification" is carried out (P.SP.01.OPR.015) within which processing of the specified notification is performed.

40. In case of receipt in the Commission of data by results of verification of the statement and registration forms from authorized bodies of all state members transaction "Decision making about possibility of inclusion of object in the unified register or about failure in inclusion of object in the unified register" is carried out (P.SP.01.OPR.016) as a result of which the decision on failure in inclusion of intellectual property item in the unified register or the decision on possibility of inclusion of object in the unified register is made.

41. If within terms, stipulated in Item 25 Regulations, the failure from authorized body at least of one state member arrived, transaction "The direction of the notice of failure in inclusion of object in the unified register" is carried out (P.SP.01.OPR.017) as a result of which the Commission sends the notice of failure in inclusion of intellectual property item in the unified register to the applicant with appendix of failures of authorized bodies in inclusion of intellectual property item in the unified register.

42. If within terms, stipulated in Item 25 Regulations, in the Commission arrived technological notifications on possibility of inclusion of intellectual property items in the unified register from authorized body of each state member, transaction "The direction of the notification on possibility of inclusion of object in the unified register" is carried out (P.SP.01.OPR.018) as a result of which the Commission notifies the applicant that the decision on possibility of inclusion of object in the unified register is made.

43. In case of submission by the applicant to the Commission in terms, stipulated in Item 29 Regulations, providing or the copy of providing certified by it, or after terms, stipulated in Item 29 Regulations, transaction "Decision making about inclusion or about failure in inclusion of object in the unified register" is carried out (P.SP.01.OPR.019) as a result of which the Commission makes the decision on inclusion of object in the unified register or the decision on failure in inclusion of object in the unified register.

44. In case of decision making about failure in inclusion of object in the unified register transaction "The direction of the notice of failure in inclusion of object in the unified register" is carried out (P.SP.01.OPR.020) as a result of which to the applicant the notice of failure in inclusion of intellectual property items in the unified register goes.

45. In case of decision making about inclusion of object in the unified register transaction "Inclusion of object in the unified register and publication of data of the unified register" is carried out (P.SP.01.OPR.021) as a result of which the Commission prepares the Decision on inclusion of intellectual property items in the unified register, provides inclusion of intellectual property item in the unified register and publication of data of the unified register on information portal of the Union. Then transactions "The direction to the applicant of the notification on inclusion of object in the unified register" are carried out (P.SP.01.OPR.022) and "The direction to authorized body of the notification on inclusion of object in the unified register" (P.SP.01.OPR.023).

46. Transaction "The direction to the applicant of the notification on inclusion of object in the unified register" (P.SP.01.OPR.022) is carried out for the purpose of informing the applicant on inclusion of object in the unified register.

47. As a result of transaction accomplishment "The direction to authorized body of the notification on inclusion of object in the unified register" (P.SP.01.OPR.023) the notification on inclusion of intellectual property item in the unified register goes to authorized body of each state member.

48. After transaction accomplishment "The direction to authorized body of the notification on inclusion of object in the unified register" (P.SP.01.OPR.023) is carried out transaction "Receipt of the notification on inclusion of object in the unified register" (confirmation about processing of the notification is created and directed to P.SP.01.OPR.024) as a result of which the notification on inclusion of intellectual property item in the unified register is received and processed in authorized body of state member to the Commission.

49. Transaction "Receipt of confirmation about processing of the notification" (P.SP.01.OPR.025), is carried out in case of receipt in the Commission of confirmation about processing of the notification on inclusion of intellectual property item in the unified register in authorized body of state member.

50. Result of accomplishment of the "Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001) is the updated unified register published on the portal of the Union and the notification on it of the applicant and authorized bodies of all state members, or the direction to the applicant of failure in required actions.

51. The list of the transactions performed in case of accomplishment of the "Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001), is given in table 6.

Table 6

The list of the transactions performed in case of accomplishment of the "Inclusion of Intellectual Property Items in the Unified Register" procedure (P.SP.01.PRC.001)

Specification symbol	Name	Description
1	2	3
P.SP.01.OPR.001	obtaining and check on compliance to the established requirements of the statement and the enclosed documents	it is provided in table 7 of these rules
P.SP.01.OPR.002	the direction of the notice of failure in consideration of the application	it is provided in table 8 of these rules
P.SP.01.OPR.003	direction of the notification on need of submission of missing documents and data	it is provided in table 9 of these rules
P.SP.01.OPR.004	decision making by results of check of completeness of the submitted documents and data	it is provided in table 10 of these rules
P.SP.01.OPR.005	the direction of the notice of failure in consideration of the application	it is provided in table 11 of these rules
P.SP.01.OPR.006	the direction of the statement and registration forms for consideration by authorized body	it is provided in table 12 of these rules
P.SP.01.OPR.007	acceptance and processing of the statement and registration forms in authorized body	it is provided in table 13 of these rules
P.SP.01.OPR.008	receipt of the notification on acceptance and processing of the statement and registration forms	it is provided in table 14 of these rules
P.SP.01.OPR.009	receipt of the address about withdrawal of the statement	it is provided in table 15 of these rules
P.SP.01.OPR.010	informing authorized body on withdrawal of the statement	it is provided in table 16 of these rules
P.SP.01.OPR.011	receipt of data on withdrawal of the statement	it is provided in table 17 of these rules
P.SP.01.OPR.012	acceptance of the notification on receipt of data on withdrawal of the statement	it is provided in table 18 of these rules
P.SP.01.OPR.013	verification of data of the statement and registration forms by authorized body	it is provided in table 19 of these rules
P.SP.01.OPR.014	obtaining and processing of data by results of verification of the statement and registration forms by authorized body	it is provided in table 20 of these rules
P.SP.01.OPR.015	obtaining and processing of the notification	it is provided in table 21 of these rules
P.SP.01.OPR.016	decision making about possibility of inclusion of object in the unified register or about failure in inclusion of object in the unified register	it is provided in table 22 of these rules
P.SP.01.OPR.017	the direction of the notice of failure in inclusion of object in the unified register	it is provided in table 23 of these rules
P.SP.01.OPR.018	direction of the notification on possibility of inclusion of object in the unified register	it is provided in table 24 of these rules
P.SP.01.OPR.019	decision making about inclusion or about failure in inclusion of object in the unified register	it is provided in table 25 of these rules
P.SP.01.OPR.020	the direction of the notice of failure in inclusion of object in the unified register	it is provided in table 26 of these rules
P.SP.01.OPR.021	inclusion of object in the unified register and publication of data of the unified register	it is provided in table 27 of these rules
P.SP.01.OPR.022	direction to the applicant of the notification on inclusion of object in the unified register	it is provided in table 28 of these rules
P.SP.01.OPR.023	direction to authorized body of the notification on inclusion of object in the unified register	it is provided in table 29 of these rules
P.SP.01.OPR.024	receipt of the notification on inclusion of object in the unified register	it is provided in table 30 of these rules
P.SP.01.OPR.025	receipt of confirmation about processing of the notification	it is provided in table 31 of these rules

Table 7

Activity description "Obtaining and Check on Compliance to the Established Requirements of the Statement and the Enclosed Documents" (P.SP.01.OPR.001)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.001
2	Name of transaction	obtaining and check on compliance to the established requirements of the statement and the enclosed documents
3	Contractor	Commission
4	Accomplishment conditions	it is carried out in case of receipt from the applicant of the statement
5	Restrictions	on compliance to the established requirements it is performed during term, stipulated in Item 23 Regulations
6	Activity description	the contractor adopts the statement, registration forms and the enclosed documents from the applicant and checks the declared data and the enclosed documents for compliance to requirements of Regulations
7	Results	the documents and data submitted by the applicant are checked for compliance to requirements

Table 8

Activity description "The Direction of the Notice of Failure in Consideration of the Application" (P.SP.01.OPR.002)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.002
2	Name of transaction	the direction of the notice of failure in consideration of the application
3	Contractor	Commission
4	Accomplishment conditions	it is carried out if the mismatch of the submitted documents and data to requirements of Regulations leading to the termination of consideration of the application (transaction "Receipt and check on compliance to the established requirements of the statement and the enclosed documents" (P.SP.01.OPR.001)) is established
5	Restrictions	the notification with indication of causes of failure goes to the applicant during the terms established by the paragraph the eleventh Item 9 and the paragraph the fourth Item 18 of Regulations
6	Activity description	the contractor creates and sends to the applicant the notice of failure in consideration of the application with indication of causes of failure
7	Results	the notice of failure in consideration of the application with indication of causes of failure is sent to the applicant

Table 9

Activity description "Direction of the Notification on Need of Submission of Missing Documents and Data" (P.SP.01.OPR.003)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.003
2	Name of transaction	direction of the notification on need of submission of missing documents and data
3	Contractor	Commission
4	Accomplishment conditions	it is carried out if documents and data are provided not in full (transaction "Obtaining and check on compliance to the established requirements of the statement and the enclosed documents" (P.SP.01.OPR.001) which is not leading to failure in consideration of the application)
5	Restrictions	the notification goes to the applicant during term, stipulated in Item 23 Regulations
6	Activity description	the contractor creates and sends to the applicant the notification on need of submission of missing documents and data
7	Results	the notification on need of submission of missing documents and data is sent to the applicant

Table 10

Activity description "Decision Making by results of Check of Completeness of the Submitted Documents and Data" (P.SP.01.OPR.004)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.004
2	Name of transaction	decision making by results of check of completeness of the submitted documents and data
3	Contractor	Commission
4	Accomplishment conditions	it is carried out in case of obtaining from the applicant of the statement which is not requiring missing documents and data (transaction "Receipt and check on compliance to the established requirements of the statement and the enclosed documents" (P.SP.01.OPR.001)), or in case of submission by the applicant of missing documents and data at the scheduled time, or after the specified terms (transaction "The direction of the notification on need of submission of missing documents and data" (P.SP.01.OPR.003))
5	Restrictions	the decision is made in terms, stipulated in Item 23 Regulations
6	Activity description	the contractor makes the decision by results of check of completeness of the submitted documents and data
7	Results	the contractor makes the decision on failure in consideration of the application or the decision on further review of the statement

Table 11

Activity description "The Direction of the Notice of Failure in Consideration of the Application" (P.SP.01.OPR.005)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.005
2	Name of transaction	the direction of the notice of failure in consideration of the application
3	Contractor	Commission
4	Accomplishment conditions	it is carried out if the decision on failure in consideration of the application is made (transaction "Decision making by results of check of completeness of the submitted documents and data" of P.SP.01.OPR.004))
5	Restrictions	the notification goes during term, stipulated in Item 23 Regulations
6	Activity description	the contractor creates and sends to the applicant the notice of failure in consideration of the application
7	Results	the notice of failure in consideration of the application is sent to the applicant

Table 12

Activity description "The Direction of the Statement and Registration Forms for Consideration by Authorized Body" (P P.SP.01.OPR.006)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.006
2	Name of transaction	the direction of the statement and registration forms for consideration by authorized body
3	Contractor	Commission
4	Accomplishment conditions	it is carried out if the decision on further review of the statement (transaction "Decision making by results of check of completeness of the submitted documents and data" of P.SP.01.OPR.004) is made
5	Restrictions	the statement and registration forms go for consideration during term, stipulated in Item 24 Regulations
6	Activity description	the contractor directs the application and registration forms for consideration to authorized body of each state member
7	Results	the statement and registration forms are sent to authorized body of each state member

Table 131

Activity description "Acceptance and Processing of the Statement and Registration Forms in Authorized Body" (P.SP.01.OPR.007)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.007
2	Name of transaction	acceptance and processing of the statement and registration forms in authorized body
3	Contractor	authorized body of state member
4	Accomplishment conditions	It is carried out if the Commission directs to the contractor the application and registration forms (transaction "The direction of the statement and registration forms for consideration by authorized body" (P.SP.01.OPR.006))
5	Restrictions	the structure and format of the represented data match the Description of formats of electronic documents and data. Details of the electronic document (data) shall conform to the requirements provided by Regulations of information exchange
6	Activity description	the contractor adopts and processes the statement and registration forms, creates and sends the notification on acceptance and processing of the statement to the Commission
7	Results	the statement and registration forms are taken and processed, notifications on acceptance and processing of the statement and registration forms are created and sent to the Commission

Table 14

Activity description "Receipt of the Notification on Acceptance and Processing of the Statement and Registration Forms" (P.SP.01.OPR.008)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.008
2	Name of transaction	receipt of the notification on acceptance and processing of the statement and registration forms
3	Contractor	Commission
4	Accomplishment conditions	it is carried out in case of receipt by the contractor of the notification on acceptance and processing of the statement and registration forms from authorized body (transaction "Acceptance and processing of the statement and registration forms in authorized body" (P.SP.01.OPR.007))
5	Restrictions	the structure and format of the represented data match the Description of formats of electronic documents and data
6	Activity description	the contractor receives and processes notifications on acceptance and processing of the statement and registration forms from authorized bodies of all state members
7	Results	notifications on acceptance and processing of the statement and registration forms it is received and processed

Table 15

Activity description "Receipt of the Address about Withdrawal of the Statement" (P.SP.01.OPR.009)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.009
2	Name of transaction	receipt of the address about withdrawal of the statement
3	Contractor	Commission
4	Accomplishment conditions	it is carried out if the applicant sent the appeal about withdrawal of the statement
5	Restrictions	the appeal about withdrawal of the statement is sent during the period from the moment of filing of application before acceptance on it the final decision by the contractor
6	Activity description	the contractor adopts from the applicant the address about response statements
7	Results	the address about withdrawal of the statement is received by the contractor

Table 16

Activity description "Informing Authorized Body on Withdrawal of the Statement" (P.SP.01.OPR.010)

N payment order	Designation of element	Description
1	2	3
1	Specification symbol	P.SP.01.OPR.010
2	Name of transaction	informing authorized body on withdrawal of the statement
3	Contractor	Commission

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info