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It is registered

Ministry of Justice

Russian Federation

On September 11, 2020 No. 59801

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
AND THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON INTELLECTUAL PROPERTY

of July 22, 2020 No. 101

About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of geographical specifying and (or) to provision of exclusive right on such geographical specifying and state registration of the name of the place of goods origin and (or) provision of exclusive right on such name, and also issue of the certificate on exclusive right on geographical specifying, the name of the place of goods origin, its duplicate

(as amended on 23-12-2020)

According to 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; 2019, No. 52, the Art. 7790), Item 2 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, No. 25, the Art. 3696), and Item 1 of the Regulations on Federal Service for Intellectual Property approved by the order of the Government of the Russian Federation of March 21, 2012 No. 218 (The Russian Federation Code, 2012, No. 14, Art. 1627; The Official Internet portal of legal information (www.pravo.gov.ru), on April 16, 2020, to No. 0001202004160014), I order:

1. Approve the enclosed Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of geographical specifying and (or) to provision of exclusive right on such geographical specifying and state registration of the name of the place of goods origin and (or) provision of exclusive right on such name, and also issue of the certificate exclusive right on geographical specifying, the name of the place of goods origin, its duplicate.

2. This order becomes effective from the date of recognition No. 698 which voided the order of the Ministry of Economic Development of the Russian Federation of September 30, 2015 "About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the name of the place of goods origin and to provision of exclusive right on such name, and also to provision of exclusive right on earlier registered name of the place of goods origin and issue of the certificate on exclusive right on the name of the place of goods origin, its duplicate" (registration No. 40256) is registered in the Ministry of Justice of the Russian Federation on December 25, 2015, with the changes made by orders of the Ministry of Economic Development of the Russian Federation of May 13, 2016 No. 298 (it is registered in the Ministry of Justice of the Russian Federation on July 12, 2016, registration No. 42811) and of June 7, 2017 No. 274 (registration No. 47700) is registered in the Ministry of Justice of the Russian Federation on August 7, 2017.

3. To impose control of execution of this order on the deputy manager of Federal Service for Intellectual Property L. L. Kiry.

Head

G.P.Ivliyev

Approved by the Order of the Federal Service of the Russian Federation on intellectual property of July 22, 2020, No. 101

Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of geographical specifying and (or) to provision of exclusive right on such geographical specifying and state registration of the name of the place of goods origin and (or) provision of exclusive right on such name, and also issue of the certificate on exclusive right on geographical specifying, the name of the place of goods origin, its duplicate

I. General provisions

Subject of regulation of regulations

1. The administrative regulations of provision by Federal Service for Intellectual Property (Rospatent) of the state service in state registration of geographical specifying and (or) to provision of exclusive right on such geographical specifying and state registration of the name of the place of goods origin and (or) provision of exclusive right on such name, and also issue of the certificate on exclusive right on geographical specifying, the name of the place of goods origin, its duplicate (further respectively - Regulations, the state service) establish terms and the sequence of ministerial procedures (actions) performed by Rospatent and also order of interaction between structural divisions of Rospatent and their officials, between Rospatent and physical persons or legal entities, individual entrepreneurs, their authorized representatives (further - applicants), other public authorities and local government bodies, organizations and the organizations in the course of provision of the state service.

Circle of applicants

2. Applicants on the state service are:

1) the citizen or several citizens, one or several legal entities, and also associations (unions) or other associations of persons whose creation and activities do not contradict the legislation of the country of goods' origin, submitted one of the following requests (further - the request):

- the request for state registration of geographical specifying and for provision of exclusive right for such geographical specifying (further - the request for geographical specifying);

- the request for provision of exclusive right for earlier registered geographical specifying (further - the request for earlier registered geographical specifying);

- the request for state registration of the name of the place of goods origin and for provision of exclusive right for such name (further - the request for the name of the place of goods origin);

- the request for provision of exclusive right for earlier registered name of the place of goods origin (further - the request for earlier registered name of the place of goods origin);

2) the owner of exclusive right on the registered geographical specifying or the name of the place of goods origin which submitted the petition for issue of the duplicate of the certificate on exclusive right on geographical specifying (further - the certificate on geographical specifying) or certificates on exclusive right on the name of the place of goods origin (further - the certificate on the name of the place of goods origin).

Business management with Rospatent in connection with provision of the state service can be performed by applicants independently, or through the patent agent registered in Rospatent or through other representative.

Requirements to procedure for informing on provision of the state service

3. Information on procedure for provision of the state service, and also reference information is provided:

1) by phone - workers of consulting and help Item of Rospatent and federal state budgetary institution "Federal Institute of Industrial Property" (FIIP) subordinated to it (further - consulting and help Item) in working hours of Item;

2) in electronic form by means of the Internet - on the official sites of Rospatent on the Internet with use of information systems FIPS (further - the official sites) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - EPGU) on the basis of the data containing in the federal state information system "Federal Register of the State and Municipal Services (Functions)" (further - FRGU);

3) at information stands in premises of Rospatent and FIPS for acceptance and registration of statements and other correspondence.

4. Information specified in Item 3 of Regulations is provided free of charge to any interested persons.

The specified information can be also provided by different ways, including in information brochures, booklets and on the information leaflets prepared by Rospatent and FIPS and distributed at thematic meetings.

5. Information on the course and procedure for provision of the state service is provided by workers of consulting and help Item on questions, answers to which do not require the analysis of clerical work according to specific requests, statements or petitions and (or) explanations of provisions of the legislation of the Russian Federation.

In case of the response to phone call the name of body in which the call, surname, name, middle name (the last - in the presence) and position of the worker who received phone call arrived is reported.

Conversation time, as a rule, shall not exceed 10 minutes.

If the worker who received call has no the relevant information necessary for the answer to the questions posed, phone call shall be readdressed (is translated) to the specialist of Rospatent, FIPS having necessary information or to the addressed person the information on method of receipt of such information shall be provided.

In case of the answer to questions by phone the worker has no right to provide information concerning being of specific requests, statements or petitions.

6. On the official sites, in FRGU and on EPGU take place:

1) information on procedure for provision of the state service, including electronically;

2) reference information;

3) text of Regulations;

4) the list of the regulations regulating provision of the state service;

5) list of the documents necessary for provision of the state service;

6) forms of requests, statements, petitions submitted by the applicant in connection with provision of the state service and models (examples) of their filling;

7) information on the course of provision of the state service (clerical work condition according to requests);

8) information on pre-judicial (extrajudicial) procedure for appeal of decisions and actions (failure to act) of Rospatent and FIPS, and also their officials (workers) (further - officials);

9) other information if its placement is provided by regulations or in case of need.

7. The information access, posted on the official sites, on EPGU, is performed without accomplishment by the applicant of any requirements, including without use of the software which installation on technical means of the applicant requires the conclusion of license or other agreement with the owner of the software providing collection of payment, registration or authorization of the applicant or provision of personal data by it.

In case of provision of the state service through the official sites or EPGU information on the course of provision of the state service is posted in private office on the official sites or on EPGU according to the procedure, stipulated in Item 51 Regulations.

8. Information at information stands in premises of Rospatent and FIPS for acceptance and registration of statements and other correspondence is placed in visual or text form and contains, including examples (samples) of filling of requests, statements, petitions and the list of the documents necessary for provision of the state service.

II. Standard of provision of the state service

Name of the state service

9. The state service in state registration of geographical specifying and (or) provision of exclusive right on such geographical specifying and state registration of the name of the place of goods origin and (or) provision of exclusive right on such name, and also issue of the certificate on exclusive right on geographical specifying, the name of the place of goods origin, its duplicate.

The name of the body providing the state service

10. The state service is provided by Rospatent directly or with involvement of FIPS subordinated to it for carrying out preparatory work for the purpose of implementation of legally significant actions by Rospatent for provision of the state service.

11. By provision of the state service Rospatent has no right to demand from the applicant of implementation of actions the, including coordination necessary for receipt of the state services and connected with the appeal to other state bodies, 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, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 (The Russian Federation Code, 2011, No. 20, of Art. 2829; 2020, No. 1, Art. 51).

Description of result of provision of the state service

12. Results of provision of the state service are:

1) state registration of geographical specifying in the State register of geographical instructions and names of places of goods origin of the Russian Federation (further - the State register) and provision of exclusive right on such geographical specifying with entering into the State register of the data relating to provision of exclusive right on geographical specifying, issue of the certificate on geographical specifying in electronic form by placement on the official sites, and also on paper according to the petition of the applicant and the publication of data on state registration of geographical specifying, the data relating to provision of exclusive right on geographical specifying in the statement of Rospatent (further - the statement);

2) provision of exclusive right on earlier registered geographical specifying, entering into the State register of the data relating to provision of exclusive right on earlier registered geographical specifying, issue of the certificate on geographical specifying in electronic form by placement on the official sites, and also on paper according to the petition of the applicant and the publication of the data relating to provision of exclusive right on earlier registered geographical specifying in the statement;

3) state registration of the name of the place of goods origin in the State register and provision of exclusive right on such name with entering into the State register of the data relating to provision of exclusive right on the name of the place of goods origin, issue of the certificate on the name of the place of goods origin in electronic form by placement on the official sites, and also on paper according to the petition of the applicant and the publication of data on state registration of the name of the place of goods origin and the data relating to provision of exclusive right on the name of the place of goods origin in the statement;

4) provision of exclusive right on earlier registered name of the place of goods origin, entering into the State register of the data relating to provision of exclusive right on earlier registered name of the place of goods origin, issue of the certificate on the name of the place goods origin in electronic form by placement on the official sites, and also on paper according to the petition of the applicant and the publication of the data relating to provision of exclusive right on earlier registered name of the place of goods origin in the statement;

5) acceptance and direction to the applicant of one of the following decisions:

a) about refusal in adoption of the request to consideration;

b) about refusal in state registration of geographical specifying and in provision of exclusive right on such geographical specifying;

c) about refusal in provision of exclusive right on earlier registered geographical specifying;

d) about refusal in state registration of the name of the place of goods origin and in provision of exclusive right on such name;

e) about refusal in provision of exclusive right on earlier registered name of the place of goods origin;

e) about recognition of the request withdrawn;

g) about allowance of the application of the applicant about withdrawal of the request;

6) introduction of data on issue of the duplicate of the certificate on geographical specifying or the name of the place of goods origin in the State register, issue of the duplicate of the certificate on geographical specifying or the name of the place of goods origin in electronic form by placement on the official sites, and also on paper according to the petition of the owner, and the publication of data on issue of the duplicate in the statement;

7) refusal in satisfaction of the petition for issue of the duplicate of the certificate on geographical specifying or the name of the place of goods origin, and the direction to the applicant of the notification on refusal in issue of the duplicate of the certificate.

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