Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

The document ceased to be valid since  January 8, 2016 according to the Order of the Ministry of Education and Science of the Russian Federation of October 28, 2015 No. 1226

It is registered

Ministry of Justice

Russian Federation

On May 30, 2008 No. 11785

ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

of December 12, 2007 No. 346

About approval of Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation of maintaining registers of the registered intellectual property items, the publication of data on the registered intellectual property items, the submitted applications and granted on them patents and certificates, about action, cancellation and renewal of action of legal protection concerning intellectual property items, assignment of rights on the protected objects, about official registration of intellectual property items

According to Item 9 of the Procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services) approved by the Order of the Government of the Russian Federation of November 11, 2005 No. 679 (The Russian Federation Code, 2005, No. 47, Art. 4933; 2007, to No. 50, of the Art. 6285), I order:

1. Approve the enclosed Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation of maintaining registers of the registered intellectual property items, the publication of data on the registered intellectual property items, the submitted applications and granted on them patents and certificates, about action, cancellation and renewal of action of legal protection concerning intellectual property items, assignment of rights on the protected objects, about official registration of intellectual property items.

2. Recognize invalid Orders of the Russian agency according to patents and trademarks:

of March 3, 2003 No. 27 "About Rules of prolongation of effective period of registration of the trademark and service mark and entering of changes into it" (registration No. 4301 is registered by the Ministry of Justice of the Russian Federation on March 21, 2003. Bulletin of regulations of federal executive bodies, 2003, No. 20);

of March 5, 2004 No. 28 "About procedure for maintaining the State register of industrial designs of the Russian Federation" (registration No. 5659 is registered by the Ministry of Justice of the Russian Federation on March 9, 2004. Bulletin of regulations of federal executive bodies, 2004, No. 14);

of March 5, 2004 No. 29 "About procedure for maintaining the State register of useful models of the Russian Federation" (registration No. 5660 is registered by the Ministry of Justice of the Russian Federation on March 9, 2004. Bulletin of regulations of federal executive bodies, 2004, No. 14);

of March 5, 2004 No. 30 "About procedure for maintaining the State register of inventions of the Russian Federation" (registration No. 5658 is registered by the Ministry of Justice of the Russian Federation on March 9, 2004. Bulletin of regulations of federal executive bodies, 2004, No. 14);

of March 5, 2004 No. 31 "About procedure for maintaining the State register of trademarks and service marks of the Russian Federation" (registration No. 5661 is registered by the Ministry of Justice of the Russian Federation on March 9, 2004. Bulletin of regulations of federal executive bodies, 2004, No. 14);

of March 5, 2004 No. 32 "About procedure for maintaining the State register of names of places of goods origin of the Russian Federation" (registration No. 5662 is registered by the Ministry of Justice of the Russian Federation on March 9, 2004. Bulletin of regulations of federal executive bodies, 2004, No. 14).

3. Direct this Order to state registration in the Ministry of Justice of the Russian Federation.

4. To impose control of execution of this Order on the deputy minister Fridlyanov V. N.

Minister

A. Fursenko

Appendix

to the Order of the Ministry of Education and Science of the Russian Federation of December 12, 2007 No. 346

Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation of maintaining registers of the registered intellectual property items, the publication of data on the registered intellectual property items, the submitted applications and granted on them patents and certificates, about action, cancellation and renewal of action of legal protection concerning intellectual property items, assignment of rights on the protected objects, about official registration of intellectual property items

I. General provisions

1. The administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation of maintaining registers of the registered intellectual property items, the publication of data on the registered intellectual property items, the submitted applications and granted on them patents and certificates, about action, cancellation and renewal of action of legal protection concerning intellectual property items, assignment of rights on the protected objects, about official registration of intellectual property items (further - Regulations) determine the sequence of actions (ministerial procedures), terms of state registration and procedure for maintaining the State register of inventions of the Russian Federation, the State register of useful models of the Russian Federation, the State register of industrial designs of the Russian Federation, The state register of trademarks and service marks of the Russian Federation, the State register of names of places of goods origin of the Russian Federation, the List of well-known trademarks in the Russian Federation, the Register of topology of integrated chips, the Register of the computer programs, the Register of databases, and also terms and procedure for the publication of data on the registered intellectual property items, the submitted applications and granted on them patents and certificates, about action, cancellation and renewal of action of legal protection concerning intellectual property items, assignment of rights on the protected objects, about official registration of intellectual property items.

2. Execution of the state function on implementation of maintaining registers of the registered intellectual property items and the publication of data on the registered intellectual property items, the submitted applications and granted on them patents and certificates, about action, cancellation and renewal of action of legal protection concerning intellectual property items, assignment of rights on the protected objects, about state registration of intellectual property items (further - the state function) is performed by Federal Service for Intellectual Property, to patents and trademarks (further - Rospatent) in interaction with other federal executive bodies and other organizations, with participation of the federal state institutions which are under authority of Rospatent and with assignment on these organizations of organizational and technical maintenance of the carried-out function.

3. Execution of the state function is performed by Rospatent according to:

The Parisian convention on protection of the industrial property of March 20, 1883 ratified by the Decree of Presidium of the Supreme Council of the USSR of September 19, 1968 No. 3104-VII "About ratification of the Stockholm act of the Parisian convention on protection of the industrial property and the Convention establishing World Intellectual Property Organization" (Sheets of the Supreme Council of the USSR and the Congress of People's Deputies of the USSR of October 2, 1968 No. 40, the Art. 363);

The Madrid agreement on the international registration of signs of April 14, 1891 accepted by the Resolution of Council of Ministers of the USSR of September 3, 1975 No. 775-243 "About accession to the Madrid agreement";

The agreement on patent cooperation of June 19, 1970 ratified by the Decree of Presidium of the Supreme Council of the USSR of December 23, 1977 No. 6758-IX "About ratification of the Agreement on patent cooperation";

The instruction to the Agreement on patent cooperation of June 19, 1970;

The protocol to the Madrid agreement on the international registration of signs of June 28, 1989 accepted by the Order of the Government of the Russian Federation of December 19, 1996 No. 1503 "About adoption of the Protocol to the Madrid agreement on the international registration of signs" (The Russian Federation Code of January 6, 1997 No. 1, the Art. 164);

The administrative instruction to the Agreement on patent cooperation of June 19, 1970;

The general instruction to the Madrid agreement on the international registration of signs and the Protocol to this agreement;

The administrative instruction on application of the Madrid agreement on the international registration of signs and the Protocol to it;

Civil code of the Russian Federation (Russian Federation Code, 1994, No. 32, Art. 3301; 2006, No. 52 (part I), Art. 5496; 2007, No. 49, the Art. 6079) (further - the Code);

The Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, No. 19, the Art. 2060);

The order of the Government of the Russian Federation of April 7, 2004 No. 178 "Questions of Federal Service for Intellectual Property, to patents and trademarks" (The Russian Federation Code, 2004, No. 15, the Art. 1471);

The order of the Government of the Russian Federation of June 16, 2004 No. 299 "About approval of the Regulations on Federal Service for Intellectual Property, to patents and trademarks" (The Russian Federation Code, 2004, No. 26, Art. 2668; 2005, No. 17, Art. 1577).

4. Description of results of execution of the state function

4.1. Results of execution of the state function are:

4.1.1. Entering of data on registration of intellectual property items into the following registers:

- State register of inventions of the Russian Federation;

- State register of useful models of the Russian Federation;

- State register of industrial designs of the Russian Federation;

- State register of trademarks and service marks of the Russian Federation;

- State register of names of places of goods origin of the Russian Federation;

- Register of the computer programs;

- Register of databases;

- The register of topology of integrated chips, and also in the List of well-known trademarks in the Russian Federation (further - the List);

4.1.2. Entering of record about changes and amendments into data on registration of intellectual property item;

4.1.3. Release of the statements and other official publications of Rospatent containing data on requests for the invention about the registered intellectual property items.

4.2. Each of the specified State registers, Registers, and also the List contains official selection of sets of the data relating to the corresponding intellectual property item to which legal protection is provided and records about changes and amendments of these data (irrespective of type of the carrier on which these data are stored).

4.3. Ministerial procedure of execution of the state function regarding modification of the corresponding register or of the List comes to the end by the direction to the owner of the notification on entering of record about change into the corresponding register, in the List or notifications on refusal in introduction of record about change.

5. Description of applicants

In legal relationship with Rospatent in case of execution of the state function by it (in the part relating to ministerial procedure of introduction of records about changes and amendments in data of the State registers, Registers, the List) applicants owners - the citizens or legal entities having exclusive right can be:

- on the registered inventions, useful model, industrial design, the trademark, service mark (further - the trademark), the computer program, the database, topology of integrated chips;

- on the trademark recognized well-known in the Russian Federation;

- uses of the name of the place of goods origin.

Act as authority on behalf of the owner in case of interaction with Rospatent in case of execution of the state function by it the patent agents registered in Rospatent and other representatives can be given.

Powers of the patent agent or other representative make sure the relevant power of attorney.

The citizens who are constantly living outside the territory of the Russian Federation and foreign legal entities perform the interaction with Rospatent connected with execution of the ministerial procedures provided by these Regulations through the patent agents registered in Rospatent if the international treaty of the Russian Federation does not provide other.

II. Requirements to procedure for execution of the state function

6. Procedure for informing (provision of consultations) on execution of the state function

6.1. Information on rules of execution of the state function is provided:

- at information stands in Rospatent;

- in counseling center employees of Rospatent to whose duties consultation belongs;

- on the Website of Rospatent, in statements of Rospatent, in mass media, editions of information materials (brochures, booklets, etc.).

6.2. Data on Rospatent location, telephone numbers for enquiries of structural divisions, Internet addresses, e-mail addresses of Rospatent are posted on the Website of Rospatent to addresses: http://www.fips.ru, http://www.rupto.ru.

6.3. The documents necessary for execution of the state function are represented to Rospatent directly, by fax or are sent by mail to the address:

Berezhkovskaya Naberezhnaya, 30, to. 1, Moscow, Russia, G-59, GSP-5, 123995.

Fax: (495) 234-30-58, (495) 232-91-12.

Telephone numbers for enquiries: (499) 240-60-15; (499) 240-61-38.

Mode of working hours:

Monday - Thursday: 9:30 - 18:15

Friday: 9:30 - 17:00.

6.4. Information on procedure for execution of the state function is provided by the workers performing the state function:

- directly in Rospatent;

- with use of means of telephone communication, electronic informing;

- by means of placement in information and telecommunication networks public (including on the Internet), publications in mass media, editions of information materials (brochures, booklets, etc.).

6.5. At information stands and the Website of Rospatent the following information is placed:

- extraction from the regulatory legal acts regulating activities for execution of the state function;

- the text of these Regulations with appendices;

- the location, the schedule (mode) of work, phone numbers, addresses of the Websites and e-mail of Rospatent to which applicants and owners can obtain necessary information;

- procedure for informing on course of execution of the state function;

- procedure for receipt of consultations;

- lists of contact telephone numbers of the divisions performing ministerial procedures;

- procedure and terms of appeal of decisions, actions or failure to act of the officials performing the state function.

6.6. The documents containing requests for extradition of written references concerning execution of the state function are represented to expedition of Rospatent, by fax (with the subsequent submission of their original) or are sent by mail to the address specified in Item 6.3 of these Regulations.

On the questions concerning implementation of ministerial procedures on specific intellectual property items, consultations are provided by workers to whose duties belongs including consultation on written addresses or by phone.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.