Agreement on the unified customs register of intellectual property items of state members of the Customs union
of May 21, 2010
The governments of state members of custom union within Eurasian economic community which are hereinafter referred to as with the Parties
for the purpose of implementation of the Agreement on the Customs Code of the Customs Union of November 27, 2009,
for the purpose of ensuring customs regulation on single customs area of custom union,
agreed as follows:
This agreement establishes procedure:
maintaining the unified customs register of intellectual property items of state members of custom union (further - the Unified register),
inclusions of objects of copyright and related rights, trademarks and service marks (further - intellectual property items) in the Unified register,
interactions of customs authorities of state members of custom union among themselves, and also with the owners or persons representing their interests (further - the owner), state bodies, other organizations, organizations and citizens on the questions connected with maintaining the Unified register.
The central customs authorities for the purposes of this agreement are: from the Republic of Armenia - the Ministry of Finance of the Republic of Armenia, from the Republic of Belarus - the State Customs Committee, from the Republic of Kazakhstan - the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan, from the Russian Federation - the Federal Customs Service.
1. The Unified register based on the statement of the owner joins the intellectual property items which are subject to legal protection in each of state members of custom union.
2. The owner having good causes to believe that violation of its rights according to legislations of state members of custom union and (or) the legislation of custom union in the field of intellectual property in connection with movement of goods through customs border of custom union can take place or when making other actions with the goods which are under the customs control having the right to submit the application for inclusion of intellectual property item in the Unified register.
3. The application is submitted in writing to the central customs authority of one of state members of custom union. If technically possible the application can be submitted in electronic form.
The application is submitted on behalf of one owner (several owners) concerning one type of intellectual property items. Instruction in one statement at the same time of data on different types of intellectual property items even if these intellectual property items belong to one owner (the same owners), is not allowed.
Person representing the interests of different owners on different intellectual property items of one type shall issue separate applications concerning the different intellectual property items belonging to different owners.
4. The statement on behalf of the owner who does not have permanent mission on customs area of custom union can be submitted through persons having the permanent location (registered) in the territory of one of state members of custom union.
1. The statement shall contain data:
about the owner and if the application is submitted by their representative, - also about the representative;
about intellectual property item;
about goods which movement through customs border of custom union or other actions with such goods which are under customs control involve, according to the owner, violation of its rights protected according to the legislation of state members of custom union, their identifications by customs authorities, rather detailed for possibility (the description of appearance of goods (their packaging, the label, etc.);
about the importers authorized by the owner, exporters;
about commodity codes at least at the level of the first four signs according to the Single commodity nomenclature of foreign economic activity;
about expected places of commodity importation which movement through customs border of custom union or other actions with such goods which are under customs control involve, according to the owner, violation of its rights protected according to the legislation of state members of custom union, importers (exporters) of such goods if there is such information;
about the term of protection of the rights of the owner to intellectual property items.
The specified data can be drawn up in the form of copies of the documents confirming these data. In case of submission of copies of documents originals of documents which return after check to compliance to copies can be requested.
2. The separate data which are concerning intellectual property items and having descriptive character or representing the list or the code of any data can be in addition transferred in electronic form on the material carrier or by e-mail.
3. The documents confirming availability of the right to intellectual property items in each of state members of custom union (certificates, agreements (including licensed) about assignment of rights, other documents which the owner can provide in confirmation of the rights to intellectual property items in each of state members of custom union according to their legislation), and also the documents confirming the data which are subject to specifying in the statement are enclosed to the application.
The owner can enclose to the application samples of goods which can serve as confirmation available, in his opinion, the fact of violation of its rights.
4. If the application is submitted by person representing the interests of the owner also the power of attorney issued by the owner to such person is enclosed to the application. The power of attorney shall act on all territory of custom union.
If in the territories of state members of custom union of the right to the same intellectual property item belong to different owners, powers of attorney from each of owners shall be enclosed to the application.
5. The statement and documents attached to it are provided in the Russian or other language. In case of provision of documents in other language, their transfer into Russian is enclosed to the application.
6. Along with the statement the commitment letter of the owner about compensation of property harm which can be caused to the customs applicant, the owner, the receiver of goods or other persons in connection with suspension of release of goods is submitted.
If in the territories of state members of custom union of the right to the same intellectual property item belong to different persons, obligations of each of owners shall be enclosed to the application.
7. The owner (his representative) shall report about change of the data specified in the statement or in the documents attached to it without delay.
8. If the statement does not contain the documents and data provided by this agreement, the central customs authorities have the right to request the documents and data necessary for decision making from the owner (his representative).
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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