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AGREEMENT

of May 28, 2021

About state cooperation - members of the Commonwealth of Independent States according to the prevention and suppression of use of false trademarks and geographical instructions

The governments of the State Parties of this agreement which further are referred to as with the Parties

based on the Agreement on cooperation in the field of legal protection and protection of intellectual property and creation of Interstate council on questions of legal protection and protection of intellectual property of November 19, 2010 (further - the Agreement of November 19, 2010), in view of provisions of the Parisian convention on protection of industrial property of March 20, 1883 and the Agreement on trade aspects of intellectual property rights (THRIPS) of April 15, 1994,

being guided by the conventional principles and rules of international law,

attaching importance to expansion of trade and economic relations between the Parties,

recognizing need of implementation of joint efforts on consumer protection and the producers from sales of goods which are illegally marked by the designations identical or similar to extent of mixing with the protected trademarks and geographical instructions

for the purpose of coordination of actions according to the prevention and suppression of use of such misleading designations, and also other acts of unfair competition

agreed as follows:

Article 1.

For the purposes of this agreement the following determinations are used:

goods - the subject satisfying any public requirement, made for sale and exchange, i.e. having the value which is established in the course of its exchange for other goods;

the trademark - the designation protected according to the legislation of the State Parties of this agreement and international treaties which participants they are, and serving for individualization of goods of one participants of civil circulation from goods of other participants of civil circulation;

geographical specifying - designation, the rights to which arose according to the legislation of the State Parties of this agreement and which identifies goods as occurring from the territories of the State Parties of this agreement, the region or area in these territories if quality, the reputation or other characteristics of goods are substantially caused by its geographical origin. The parties are recognized that geographical instructions can be protected as names of places of goods origin according to the legislation of the State Parties of this agreement;

the false trademark - designation which drawing on goods violates the rights of owners of the corresponding trademarks and (or) is capable to mislead consumers concerning quality, origin or other characteristics of goods;

false geographical specifying - designation which drawing on goods violates the rights of owners of the corresponding geographical instructions and (or) is capable to mislead consumers concerning quality, origin or other characteristics of goods.

Article 2.

The purpose of this agreement is creation of the conditions allowing the Parties to perform cooperation concerning the prevention, identification and suppression of the facts of production and sales of goods with the put false trademarks and geographical instructions and also movements of such goods through frontiers of the State Parties of the Commonwealth of Independent States.

Article 3.

For the purpose of ensuring implementation of this agreement of the Party, being guided by the legislation of the State Parties of this agreement:

jointly plan and perform actions for prevention, identification, suppression and the prevention of production and sales of goods with the put false trademarks and geographical instructions, including their export or import, and also other offenses connected with protection of trademarks and geographical instructions;

perform on demand exchange of information:

about the regulatory legal acts regulating the questions falling under action of this agreement;

about the State Parties of this agreement revealed by competent authorities the facts of production and realization, attempts of export or commodity import with the put false trademarks and geographical instructions;

about the trademarks and geographical instructions applied on the goods imported in the territory of the State Parties of this agreement;

promote carrying out joint scientific research in the field of industrial property;

hold seminars and conferences;

cooperate in the field of preparation and advanced training of personnel in the field of intellectual property;

perform exchange of the corresponding methodical and special literature.

Article 4.

The parties according to the legislation of the State Parties of this agreement take agreed measures according to the prevention and suppression of production and sales of goods with the put false trademarks and geographical instructions on the basis of collateral actions and voluntarily assumed liabilities.

Article 5.

The State Parties of this agreement which are members of the World Trade Organization confirm the obligations fixed in the Agreement on trade aspects of intellectual property rights (THRIPS) of April 15, 1994 in the part concerning the prevention and suppression of use of false trademarks and geographical instructions.

The State Parties of this agreement which are not members of the World Trade Organization will aim to follow the principles and regulations pledged in the specified Agreement.

Article 6.

Concerning trademarks and geographical instructions of the Party provide the legal remedies allowing to prevent:

1) use of any means in case of designation or the presentation of goods which specify or cause association that these goods come from the geographical area other than this place of origin, therefore, that it is capable to mislead the consumer concerning the place of origin and properties of goods;

2) any use which represents the act of unfair competition in sense of article 10-bis of the Parisian convention on protection of industrial property of March 20, 1883.

Article 7.

The parties according to the legislation of the states can refuse registration of the trademark or registration of the order exclusive right on the trademark or can recognize invalid registration of the trademark or registration of the order as exclusive right on the trademark consisting of the name of geographical object or containing it in case of use of such name in the trademark for the goods which are not occurring from the specified territory of any State Party of this agreement which misleads consumers concerning the true place of origin of such goods.

Article 8.

The legal remedies specified in Article 7 of this agreement are applied also to geographical instructions which though are literally true concerning the territory, the region or the area from where there are goods, give to consumers wrong idea of territorial goods origin.

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