DECISION COUNCIL OF HEADS OF GOVERNMENT COMMONWEALTH OF INDEPENDENT STATES

of May 25, 2006

About the Concept of forming of national databases and the organization of interstate exchange of information for the prevention and suppression of offenses in the field of intellectual property

Council of Heads of Government of the Commonwealth of Independent States

solved:

1. Approve the Concept of forming of national databases and the organization of interstate exchange of information for the prevention and suppression of offenses in the field of intellectual property.

2. This Decision becomes effective from the date of its signing, and for the State Parties of the Commonwealth of Independent States which legislation requires accomplishment of the corresponding interstate procedures, - from date of delivery of the relevant documents to depositary.

It is made in the city of Dushanbe on May 25, 2006 in one authentic copy in Russian. The authentic copy is stored in Executive committee of the Commonwealth of Independent States which will send to each state which signed this Decision, its verified copy.

Special opinion of the Azerbaijan Republic to the Decision of Council of Heads of Government of May 25, 2006 "About the Concept of forming of national databases and the organization of interstate exchange of information for the prevention and suppression of offenses in the field of intellectual property"

The Azerbaijan Republic participates in implementation of the Concept within the national legal system.

In the second paragraph of the fifth Section to exclude expression "unities of information space and".

Except for third paragraph of the seventh Section.

Approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States on the Concept of forming of national databases and the organization of interstate exchange of information for the prevention and suppression of offenses in the field of intellectual property of May 25, 2006

The concept of forming of national databases and the organization of interstate exchange of information for the prevention and suppression of offenses in the field of intellectual property

The State Parties of the Commonwealth of Independent States on behalf of the governments (further - the Parties), considering importance of information support of the prevention and suppression of offenses in the field of intellectual property, being guided by the conventional principles and rules of international law, accept this Concept of forming of national databases and the organization of interstate exchange of information for the prevention and suppression of offenses in the field of intellectual property (daleekontseption).

I. General provisions

1.1. The concept is accepted for the purpose of development of information exchange of the State Parties of the Agreement on cooperation in suppression of offenses in the field of intellectual property of March 6, 1998 (further - the Agreement).

1.2. The concept represents set of views of forming of system of information support of activities for the prevention and suppression of offenses in the field of the intellectual property (further - system of information support) including the national databases created on the general principles and also rules and procedures of interstate exchange of information.

1.3. The concept determines the principles and procedure for forming of the national databases, the scope of information which are subject to inclusion in the national databases, sources of information and users of national databases, task solved with use of national databases, measures for the organization of interstate exchange of information and ensuring information security, procedure for financial and economic providing and the mechanism of implementation of the Concept.

II. Principles and procedure for forming of national databases

2.1. The parties create national databases by means of adaptivising available and creations new on the basis of the following principles:

uses of the existing information infrastructure;

ensuring completeness, officiality, relevance and accuracy of the information;

the ensuring openness and availability of information in case of compliance with law of the Parties regulating restriction of access to the secret protected by the law;

categorization of information and users for differentiation of access rights to information;

ensuring information security.

2.2. The parties when forming national databases:

determine the bodies performing their forming and use;

carry out the analysis of the available information resources and technologies accompanying actions for the prevention and suppression of offenses in the field of intellectual property;

determine structure and contents of necessary national databases;

determine procedure for inclusion of information in national databases and its obtaining by different categories of users;

perform hardware, the software and develop regulating documents for maintaining and use of national databases;

provide possibility of recognition behind the document constituted electronically and received from the database, the status of the electronic document, effectual in law;

realize measures complex (including technical) information security.

III. The scope of information, subject to inclusion in national databases

3.1. In national databases are subject to inclusion of the data, first of all:

about the registered intellectual property items and their owners protected according to the legislation of the Parties;

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