of May 26, 2006 No. 7-16
About Recommendations about harmonization of the legislation of state members of EurAsEC in the field of trade aspects and protection of intellectual property rights (on the basis of the comparative and legal analysis of national legal systems and rules of international law)
The inter-parliamentary Assembly decides:
1. Approve provided by the Permanent commission of MPA on customs regulation and boundary policy of the Recommendation about harmonization of the legislation of state members of EurAsEC in the field of trade aspects and protection of intellectual property rights (are applied), prepared on the basis of the comparative and legal analysis of national legal systems and rules of international law.
2. Submit Recommendations in parliaments, the Secretariat of Integration Committee of EurAsEC for use in work on harmonization of national legal systems and enhancement of the legal base of Community.
Chairman of Inter-parliamentary Assembly
B. V. Gryzlov
to the Resolution MPA of EurAsEC of May 26, 2006 No. 7-16
Now increase in role of intellectual property, in particular, of copyright and related rights is around the world noted. First of all, it is connected with increase in specific weight of products of intellectual work in world economy. Therefore agreements on protection of intellectual property become subject of bilateral and multilateral international agreements, the national legal system.
These Recommendations are developed for the purpose of harmonization of the legislation of state members of EurAsEC and law-enforcement practice in the field of trade aspects and protection of intellectual property rights taking into account regulations and rules of the WTO, and also development of single policy of trade aspects of the intellectual property rights. Need of the solution of the specified tasks is determined by item 4 of the Priority directions of development of EurAsEC on 2003 - 2006 and the next years.
The legal sphere of intellectual property includes large number of international conventions and agreements. The main of them it is considered to be: World convention on copyright (1952); Parisian convention on protection of industrial property (1971); Bern convention on protection literary and works of art (edition of 1971); Roman convention on protection of the rights of actors contractors, manufacturers of soundtracks and broadcasting organizations (1961); The Washington agreement on intellectual property concerning integral chips (1989).
Also there is large number of the documents developed and accepted under the auspices of the World Intellectual Property Organization (WIPO).
Within the WTO the Agreement of the WTO on trade aspects of intellectual property rights is accepted (THRIPS).
The obligations following from the Agreement the THRIPS can be combined in the directions, having allocated three main units which accomplishment shall undertake the joining state:
1. Protection of intellectual property rights shall be provided with the joining state according to certain international standards.
2. The joining state shall provide measures of civil, criminal, administrative proceedings in case of violation of intellectual property rights.
3. Customs authorities of the joining state shall provide protection of exclusive rights on intellectual property items when moving goods through customs border.
Concerning the first block of the obligations following from the Agreement the THRIPS, one may say, that in state members of EurAsEC it on matters of principle is almost performed as:
- the states of Community are participants of the basic international agreements in the considered sphere and constitutions of the states of Community contain Articles determining priority of rules of international law;
- standards concerning availability, amount and use of intellectual property rights, protection provision conditions to objects of industrial property which contain legislations generally meet the international requirements and requirements the THRIPS.
In this direction it is advisable to recommend to parliaments of state members of EurAsEC to perform coordinated actions on accession to all main international acts in the considered sphere.
Concerning the second block of questions, it is possible to say that civil, criminal and administrative legislations of the states - members of EurAsEC contain the regulations determining responsibility for violations of the intellectual property rights also.
At the same time in the states of Community the problem of violation of the rights of the owner to intellectual property items and, connected with it, problem of distribution of counterfeit, counterfeited and low-quality products continues to exist. Special concern is caused by falsification of medicines and food what the heaviest effects - damnification to health and human life are connected with.
In distribution terms in the consumer markets of gosudarstvchlen of EurAsEC of counterfeit and counterfeited products in the scales posing the most serious threat not only to entrepreneurs owners and consumers but also to public morals, economic development, it is reasonable to recommend:
1. To parliaments of state members of EurAsEC:
1.1. In the field of the penal legislation:
1.1.1. Establish criminal liability for production, production, storage and distribution of counterfeited medicines, food, perfumery products, children's toys, spare parts of cars, the rail and air transportation, construction materials and other products.
1.1.2. Unify regulations the article of criminal codes regarding the qualifying signs of the crimes connected with copyright violation, patent laws and the rights to trademarks, service marks and names of places of goods origin to toughen sanctions for crime execution in the considered sphere.
1.1.3. Extend provisions of articles of criminal codes of the states of Community establishing responsibility for smuggling on the crimes connected from illicit counterfeit products.
1.2. In the field of the administrative legislation: submit the cases on the administrative offenses concerning protection of the rights to intellectual property items from maintaining Arbitration Courts in courts of law;
1.3. In the procedural sphere: change competence on cases on illegal use of the trademark, having transferred them to the jurisdiction of investigators of prosecutor's office;
1.4. In the field of the legislation on intellectual property:
1.4.1. Bring into mutual accord regulations of the legislation on copyright and related rights and legislations on trademarks regarding confiscation of counterfeit goods.
1.4.2. Add the patent laws of state members of EurAsEC with regulations on procedure for confiscation of products made with violation of the rights of the patentee.
1.4.3. Make changes to the laws "About Copyright and the Related Rights", "About Trademarks, Service Marks and Places of Goods Origin" regarding prohibition of transactions with counterfeit products.
1.4.4. Reduce the term of continuous non-use of the trademark necessary for the termination of its legal protection.
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