DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of July 27, 2021 No. 88

About technical requirements to electronic type of the statement for inclusion of intellectual property items in the unified customs register of intellectual property items of state members of the Eurasian Economic Union and other addresses of the applicant

According to Item 30 of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 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 March 6, 2018 No. 35 and the Decision of Board of the Eurasian economic commission of October 30, 2018 No. 174, the Board of the Eurasian economic commission solved:

1. Approve the enclosed technical requirements to electronic type of the statement for inclusion of intellectual property items in the unified customs register of intellectual property items of state members of the Eurasian Economic Union and other addresses of the applicant.

2. Determine that the technical requirements approved by this Decision are applied by applicants in case of submission to the Eurasian economic commission in electronic form of the following documents:

statements for inclusion of intellectual property items in the unified customs register of intellectual property items of state members of the Eurasian Economic Union (further - the unified register) and the registration forms attached to it;

addresses about withdrawal of the specified statement;

addresses about modification of the unified register, including in connection with prolongation of term of protection by customs authorities of state members of the Eurasian Economic Union of the rights to intellectual property items;

addresses about exception of intellectual property items of the unified register.

3. This Decision shall enter into force upon the expiry of 30 calendar days from the date of its official publication.

Approved by the Decision of Board of the Eurasian economic commission of July 27, 2021 No. 88

Technical requirements to electronic type of the statement for inclusion of intellectual property items in the unified customs register of intellectual property items of state members of the Eurasian Economic Union and other addresses of the applicant

I. General provisions

1. These Technical requirements are developed for the purpose of realization of provisions of Items 14 - 16 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 approved development of electronic forms of interaction of the Eurasian economic commission (further - the Commission) and applicants in case of electronic submission of the statement for inclusion of intellectual property items in the unified customs register of intellectual property items of state members of the Eurasian Economic Union (further respectively - the statement, the unified register) and the registration forms, and also other addresses of the applicant represented to the Commission according to Regulations enclosed to the application.

2. These Technical requirements are developed according to the following international treaties and acts entering the right of the Eurasian Economic Union (further - the Union):

The agreement on the Eurasian Economic Union of May 29, 2014;

Customs code of the Eurasian Economic Union;

The decision of Board of the Eurasian economic commission of December 26, 2017 No. 190 "About approval of the Regulations on model of data of the Eurasian Economic Union";

The decision of Board of the Eurasian 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";

The 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".

3. These Technical requirements establish the single, unified within the Union requirements to format and structure of the statement, including forming of separate details of its structure, and also determine the list of the reference books (qualifiers) which are switched on in structure of resources of single system of normative reference information of the Union and used for forming of separate details of structure of the statement.

4. These Technical requirements are applied during the designing, development and completion of components of the information systems providing forming of the statement, including used for implementation of procedures of interaction of applicants and the Commission electronically for the purpose of submission by applicants to the Commission of data on the intellectual property items which are subject to legal protection in each state member of the Union for inclusion of intellectual property items in the unified register, and also for modification of the unified register or exceptions of intellectual property items of the unified register.

At the same time in case of establishment in the right of the Union of the regulations concerning procedure for exchange of electronic documents in case of cross-border interaction of business entities and the Commission (including general requirements to electronic documents, requirements to signing of the electronic document the digital signature (digital signature)) and responsibility of participants of exchange of electronic documents, these Technical requirements are applied taking into account such regulations.

II. Basic concepts

5. For the purposes of these Technical requirements concepts which mean the following are used:

"detail" - unit of data of the electronic document (the document in electronic form) which in certain context is considered inseparable;

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