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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 9, 2020 No. 1388

About approval of Rules of control of preserving special characteristics of goods concerning which the name of the place of goods origin is registered

According to the paragraph the sixth Item 2 of Article 1522.1 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Rules of control of preserving special characteristics of goods concerning which the name of the place of goods origin is registered.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of September 9, 2020 No. 1388

Rules of control of preserving special characteristics of goods concerning which the name of the place of goods origin is registered

1. These rules establish procedure the federal executive bodies, executive bodies of the subject of the Russian Federation or the organizations authorized by the supreme body of the government of the subject of the Russian Federation, specified in paragraph one of Item 2 of Article 1522.1 of the Civil code of the Russian Federation (further - authorized body), the control provided by the paragraph the sixth Item 2 of Article 1522.1 of the Civil code of the Russian Federation of preserving special characteristics of goods concerning which the name of the place of goods origin is registered.

For the purposes of these rules are understood as control of preserving special characteristics of goods concerning which the name of the place of goods origin is registered consideration by authorized body of the statement for disappearance of conditions, characteristic of geographical object, and about impossibility to make goods which have the special characteristics specified in the State register of geographical instructions and names of places of goods origin of the Russian Federation concerning which the name of the place of goods origin (further respectively - the statement for disappearance of characteristic conditions, the State register of instructions and names), and also issue of the conclusion about disappearance of conditions, characteristic of this geographical object, is registered and about impossibility to make goods which have the special characteristics specified in the State register of instructions and names concerning which the name of the place of goods origin is registered (further - the conclusion).

2. The application for disappearance of characteristic conditions is directed to authorized body in case of disappearance of conditions and impossibility, characteristic of geographical object, to make goods which have the special characteristics specified in the State register of instructions and names concerning the name of the place of goods origin, any person, including authority (further - the applicant).

3. The applicant to the statement for disappearance of characteristic conditions puts the documents necessary for preparation of the conclusion and the losses of conditions, characteristic of this geographical object, confirming the fact and impossibility to make goods which have the special characteristics specified in the State register of instructions and names concerning which the name of the place of goods origin is registered (further - documents of the applicant).

The application form about disappearance of characteristic conditions, and also the structure of documents of the applicant and the requirement to them are established by authorized body (if authorized body is the organization specified in paragraph one of Item 2 of Article 1522.1 of the Civil code of the Russian Federation, the application form, and also the structure of documents of the applicant and the requirement to them are established by the supreme body of the government of the subject of the Russian Federation which established appropriate authority concerning such organization).

4. In case of receipt in authorized body of the statement for disappearance of characteristic conditions and documents of the applicant the authorized body within 10 working days performs their compliance to form, the structure and requirements established according to the paragraph the second Item 3 of these rules.

5. In case of compliance of the statement for disappearance of characteristic conditions and documents of the applicant to the form, structure and requirements established according to the paragraph the second Item 3 of these rules, the authorized body within 5 working days after completion of consideration of the characteristic conditions and documents of the applicant which arrived statements for disappearance directs the notification to owners of exclusive right to the name of the place of goods origin concerning which the application is submitted (further - owners), to the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation) which name or the name of geographical object of which is specified as the name of the place of goods origin (it is included in such name or the name is derivative of it) (further - the representative of the subject of the Russian Federation), and also if necessary to professional associations of producers of the corresponding types of goods with application of copies of the statement for disappearance of characteristic conditions and documents of the applicant.

In the notification it is specified that owners, and also the representative of the subject of the Russian Federation within 40 working days from the date of the direction of such notification can provide line item concerning the characteristic conditions provided in the statement for disappearance and documents of the applicant of arguments with appendix confirming the specified line item of documents (in the presence) (further - line items).

6. In case of discrepancy of the statement for disappearance of characteristic conditions and documents of the applicant to the form, structure and requirements established according to the paragraph the second Item 3 of these rules, authorized body to the applicant within 5 working days after completion of consideration of the characteristic conditions and documents of the applicant which arrived statements for disappearance the notification on the revealed discrepancy with the offer to provide within one month in addition to earlier provided the statements for disappearance of characteristic conditions and documents of the applicant which are absent and (or) requiring adjustment goes.

In case of representation of the characteristic conditions and documents of the applicant requested statements for disappearance at the scheduled time the authorized body performs their de novo review according to the procedure and in terms, stipulated in Item 4 these rules.

In case of non-presentation of the characteristic conditions and documents of the applicant requested statements for disappearance at the scheduled time or discrepancies of the submitted statement for disappearance of characteristic conditions and documents of the applicant to the form, structure and requirements established according to the paragraph the second Item 3 of these rules, their consideration stops. Within 3 working days the authorized body sends the notification on it to the persons specified in Item 2 of these rules.

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