of December 30, 2008 No. 316-FZ
About patent agents
Accepted by the State Duma on December 24, 2008
Approved by the Federation Council on December 29, 2008
1. This Federal Law according to the Civil code of the Russian Federation governs the relations connected with activities in the territory of the Russian Federation of patent agents, determines requirements to patent agents, establishes procedure for their certification and registration, and also determines the rights, obligations and responsibility of patent agents.
2. The patent agent performs business management with federal executive body on intellectual property at the request of applicants, owners and other interested citizens and legal entities who are constantly living (for citizens) or taking the location (for legal entities) in the Russian Federation and beyond its limits if the international treaty of the Russian Federation or the legislation of the Russian Federation do not provide other.
1. Patent agents the citizens who received the status of the patent agent in the procedure established by this Federal Law and performing the activities connected with legal protection of results of intellectual activities and means of individualization, protection of the intellectual rights, acquisition of rights of exclusive rights to results of intellectual activities and means of individualization, the order such rights are recognized (further activities of the patent agent).
1) reached age of 18 years;
2) constantly lives in the territory of the Russian Federation;
3) has the higher education;
At least four-year work experience in field of activity of the patent agent according to specialization in relation to which the citizen expresses desire to be certified and registered as the patent agent has 4).
1) the citizens recognized in the procedure established by the legislation of the Russian Federation as incapacitated or it is limited by capable;
2) citizens whose activities as patent agents are suspended by the judgment for certain term, before its expiration and citizens who are excluded from the Register of patent agents of the Russian Federation (further - the Register), according to the procedure, stipulated in Article the 10th this Federal Law.
1) government employees, persons, replacement state positions of the Russian Federation, state positions of subjects of the Russian Federation, municipal positions, and local government officers;
2) employees of the organizations which are under authority of federal executive body on intellectual property;
3) the citizens recognized in the procedure established by the legislation of the Russian Federation as incapacitated or it is limited by capable.
1. The patent agent has the right to perform the professional activity independently, being engaged in private practice, and also based on the employment contract between the patent agent and the employer (legal entity).
2. The employer of the patent agent who signed with the applicant, the owner or other interested person the civil agreement including conditions about performance of works (rendering the services) relating to activities of the patent agent shall:
1) to provide proper execution by the patent agent with which it signs the employment contract, of the corresponding order and in case of its improper execution to apply to the patent agent of measure of disciplinary responsibility according to the labor law;
2) to ensure safety of the documents received from the guarantor, the customer, other persons in course of execution of the civil agreement;
To report 3) to the guarantor, the customer about impossibility of performance of the obligations under the civil agreement owing to emergence of the circumstances interfering their execution;
4) not to disclose information concerning which the requirement about ensuring its confidentiality is established and which is received in course of execution of the civil agreement, except as specified, stipulated by the legislation the Russian Federation.
3. The name "patent agent" or the phrase including this name, only patent agents having the right to use, employers of patent agents, public associations and self-regulatory organizations of patent agents.
1. The patent agent within the specialization specified in the Register having the right to perform for the benefit of the employer who signed the employment contract with it or person who signed with it or with his employer the civil agreement, the following types of activity of the patent agent:
1) to give consultations concerning legal protection of results of intellectual activities and means of individualization, protection of the intellectual rights, acquisitions of rights of exclusive rights to results of intellectual activities and means of individualization, the order such rights;
2) to conduct patent researches and the analysis of the circumstances causing the choice of object of legal protection;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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