RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of November 12, 2007 No. 1497

About implementation of the Law of the Republic of Belarus "About advertizing"

1. Approve enclosed:

Regulations on procedure for placement (distribution) in the territory of the Republic of Belarus advertizing of products, goods, works, services made in this territory;

Regulations on procedure for placement (distribution) in the territory of the Republic of Belarus advertizing of alcoholic beverages in mass media;

Regulations on procedure for investment of funds of outdoor advertizing;

Regulations on procedure for placement (distribution) and approval of outdoor advertizing, advertizing on cars, trams, trolleybuses, wheel tractors, road trains.

2. Make changes and additions to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in appendix to the Program of reconstruction and technical retrofitting of the state theaters of the Republic of Belarus for 2004-2010 approved by the resolution of Council of Ministers of the Republic of Belarus of May 24, 2004 No. 604 (The national register of legal acts of the Republic of Belarus, 2004, No. 89, 5/14313):

in Item 2 of the word of "outdoor advertizing" shall be replaced with words "means of outdoor advertizing";

in Item 9 of the word of "illuminated advertizing" to replace with the word of "laytposter";

2.2. ceased to be valid

2.3. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 25.06.2013 No. 527

in subitem 6.22 of the word "and advertizing" shall be replaced with words ", implementation of advertizing activities".

3. Recognize invalid the orders of the Government of the Republic of Belarus according to appendix.

4. To make to the ministry of anti-monopoly regulation and trade explanations concerning application of this resolution.

5. To republican state bodies, local executive and administrative organs to bring the regulatory legal acts into accord with this resolution and to take other measures directed to its realization.

6. This resolution becomes effective since November 22, 2007.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of November 12, 2007 No. 1497

Regulations on procedure for placement (distribution) in the territory of the Republic of Belarus advertizing of products, goods, works, services made in this territory

1. This Provision is developed according to the paragraph the sixth article 7 of the Law of the Republic of Belarus of May 10, 2007 "About advertizing" (The national register of legal acts of the Republic of Belarus, 2007, No. 119, 2/1321) and governs the relations arising in the course of placement (distribution) in the territory of the Republic of Belarus of advertizing of products, the goods, works, services (further - goods) made in this territory.

2. For the purposes of this provision terms and their determinations in the values established by the Law of the Republic of Belarus "About advertizing" and also the following terms and their determinations are applied:

the foreign vendor - the foreign or international legal entity (the organization, not being the legal entity), the foreign citizens or stateless persons making products, goods performing works or rendering services;

domestic manufacturer - the organization of the Republic of Belarus, the citizen of the Republic of Belarus making products, goods performing works or rendering services;

the goods made in the territory of the Republic of Belarus - self-produced goods of domestic manufacturer.

3. The advertizing containing information belongs to advertizing of the goods made in the territory of the Republic of Belarus:

about the goods made in the territory of the Republic of Belarus (the image of appearance of goods, its distinctive properties, consumer packaging, the description of physical, chemical or other properties of goods or other similar information);

about domestic manufacturer;

about the seller performing activities in the territory of the Republic of Belarus and realizing the goods made in the territory of the Republic of Belarus;

about the trademark and (or) service mark used for designation of domestic manufacturer, the goods made in the territory of the Republic of Belarus;

about the trademark and (or) service mark used at the same time for designation of domestic manufacturer, the foreign vendor, the goods made in the territory of the Republic of Belarus, other goods.

The advertizing containing information on the trademark and (or) service mark, the specified in paragraph six of part one of this Item does not belong to advertizing of the goods made in the territory of the Republic of Belarus in case of availability in total of the following conditions:

subject of advertizing are the self-produced goods of the foreign vendor designated by such trademark and (or) service mark;

advertiser is the foreign vendor or the seller of such goods in the territory of the Republic of Belarus;

such goods are sold in the market of the Republic of Belarus at the time of placement (distribution) of advertizing.

The advertizing containing information on the foreign vendor, its goods, the seller enabling the realization of only such goods, the trademark and (or) service mark used for designation of such goods except for of the case specified in paragraph six of part one of this Item does not belong to advertizing of the goods made in the territory of the Republic of Belarus.

4. Placed (extended) in the territory of Republic of Belarus advertizing of the goods made in this territory it is made only with involvement of the organizations of the Republic of Belarus and (or) citizens of the Republic of Belarus if other is not established by legal acts.

Advertizing of the goods made in the territory of the Republic of Belarus is recognized the Republic of Belarus made only with involvement of the organizations and (or) citizens of the Republic of Belarus cases:

making by the organizations of the Republic of Belarus and (or) citizens of the Republic of Belarus of actions for complete or partial bringing advertizing to form, ready for placement (distribution), except for the actions connected with reduction of advertizing in compliance with requirements of the legislation;

advertisings of the goods made in the territory of the Republic of Belarus only with participation of citizens of the Republic of Belarus if in advertizing images of people are used, including:

uses in advertizing of panoramic shooting of the settlements, production facilities, shopping facilities, objects of servicing, concert venues or other property complexes located in the territory of the Republic of Belarus at the time of finding of people in the territory of such settlements, objects or complexes;

uses in advertizing of images of ethnic Belarusians or natives of the Republic of Belarus.

5. The document confirming production of advertizing of the goods made in the territory of the Republic of Belarus only with involvement of the organizations of the Republic of Belarus and (or) citizens of the Republic of Belarus is the agreement on production of such advertizing by the organization of the Republic of Belarus and (or) the citizen of the Republic of Belarus or the letter of the organization of the Republic of Belarus or the citizen of the Republic of Belarus on production by such organization or the citizen of advertizing if this organization or the citizen are advertisers of such advertizing.

6. The documents confirming advertizing of the goods made in the territory of the Republic of Belarus only with participation of citizens of the Republic of Belarus are:

the agreement on performance of work by the citizen of the Republic of Belarus on advertizing of such goods or about use of the image of the citizen of the Republic of Belarus in such advertizing and the passport of the citizen of the Republic of Belarus;

or the service provision agreement the model agency performing activities in the territory of the Republic of Belarus on provision of model (the citizen of the Republic of Belarus) for participation in advertizing of goods.

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