ORDER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of August 13, 2009 No. 1488

About approval of Administrative regulations of the Federal Customs Service on execution of the state function on maintaining the customs register of intellectual property items

According to Articles 394, 395 Customs codes of the Russian Federation (Russian Federation Code, 2003, N 22, Art. 2066; N 52, (p. I), Art. 5038; 2004, N 27, Art. 2711; N 34, of Art. 3533; N 46 (p. I), Art. 4494; 2005, N 30 (p. I), Art. 3101; 2006, N 1, Art. 15; N 3, of the Art. 280, N 8, Art. 854, N 52 (p. II), Art. 5504; 2007, N 1 (p. I), Art. 29; N 24, of Art. 2831; N 27, of Art. 3213; N 31, of the Art. 3995, Art. 4011; N 45, of Art. 5417; 2008, N 26, Art. 3022, N 48, Art. 5500, N 49, Art. 5748; 2009, N 1, the Art. 17, the Art. 22), Item 5.2.4 of the Regulations on the Federal Customs Service approved by the order of the Government of the Russian Federation of July 26, 2006 N 459 (The Russian Federation Code, 2006, N 32, Art. 3569; 2008, N 17, Art. 1883; N 24, of the Art. 2867), Item 7 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 N 679 (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, the Art. 2063), in connection with enforcement of part four of the Civil code of the Russian Federation (The Russian Federation Code, 2006, N 52 (p. I), Art. 5496; 2007, N 49, Art. 6079; 2008, N 27, 3122) and for the purpose of optimization of execution of the state function I order to the Art.:

1. Approve the enclosed Administrative regulations of the Federal Customs Service on execution of the state function on maintaining the customs register of intellectual property items.

2. Declare invalid the order of FCS of Russia of June 8, 2007 N 714 "About approval of Administrative regulations of the Federal Customs Service on execution of the state function on consideration of the applications about acceptance by customs authorities of the measures connected with suspension of release of goods and to maintaining the customs register of intellectual property items" (it is registered by the Ministry of Justice of the Russian Federation 22.08. 2007, registration N 10038).

3. Consider the order become effective after 90 days from the date of its official publication.

I reserve control of execution of this order.

Appendix

to the Order of the Federal Customs Service of August 13, 2009 No. 1488

Administrative regulations of the Federal Customs Service on execution of the state function on maintaining the customs register of intellectual property items

I. General provisions

1. The administrative regulations of the Federal Customs Service on maintaining the customs register of intellectual property items (further - Administrative regulations) determine terms and the sequence of actions (ministerial procedures) of the Federal Customs Service by execution of the state function (further - FCS of Russia), order of interaction of FCS of Russia, its structural divisions, regional customs authorities (further - RTU), customs among themselves, and also with owners (their representatives), federal executive bodies, law enforcement agencies, bodies of prosecutor's office, judicial authorities, executive bodies of subjects of the Russian Federation, local government bodies and other state bodies of the Russian Federation and state bodies of subjects of the Russian Federation to which competence questions are carried, connected with protection and protection of intellectual property rights (further - state bodies), banks, other credit and insurance companies, participants of foreign economic activity and other persons whose activities are connected with implementation of foreign economic activity, and also with other organizations, the organizations and citizens in case of execution of the state function on maintaining the customs register of intellectual property items.

2. Execution of the state function on maintaining the customs register of intellectual property items (further - the Register) includes the following ministerial procedures:

- acceptance and consideration of the application about taking measures, the goods connected with suspension of release;

- entering of intellectual property items into the Register based on statements of owners (their representatives);

- exception of intellectual property items of the Register;

- entering into the Register of changes and amendments;

- publication of the list of the intellectual property items entered in the Register, bringing data of the Register to data of customs authorities and interested persons;

- interaction of customs authorities with state bodies, citizens and the organizations for the questions connected with maintaining the Register.

4. Maintaining the Register is performed by FCS of Russia.

When maintaining the Register of FCS of Russia is guided by the principles of protection by the state of intellectual property rights, the rights and legitimate interests of the Russian producers and consumers, publicity, fairness for all owners of exclusive rights on objects of copyright and the related rights, on trademarks, service marks and owners of exclusive right of use of the name of the place of goods origin, inadmissibility of damnification to the third parties, non-admissions of unreasonable increase in terms and unjustifiable delays of execution of the state function.

On behalf of FCS of Russia the Register conducts structural division of FCS of Russia to which main functions the organization of protection of intellectual property rights by customs authorities and maintaining the Register are carried (further - Management).

5. FCS of Russia provides:

- acceptance and registration of statements about acceptance by customs authorities of the measures connected with suspension of release of goods and entering of intellectual property items into the Register, and also other documents concerning execution of the state function on maintaining the Register;

- consideration of the applications about acceptance by customs authorities of the measures connected with suspension of release of goods, implementation of verification of the declared data and the submitted documents;

- decision making about acceptance by customs authorities of the measures connected with suspension of release of goods or about refusal in acceptance of such measures;

- entering into the Register of intellectual property items on which the decision on acceptance by customs authorities of the measures connected with suspension of release of goods is made;

- assignment to the intellectual property item entered in the Register, registration number;

- prolongation of term of acceptance by customs authorities of the measures connected with suspension of release of goods;

- entering into the Register of changes and amendments;

- carrying out in the cases of checking actions established by Administrative regulations;

- exception of intellectual property items of the Register;

- bringing data of the Register to data of customs authorities and owners of exclusive rights on objects of copyright and the related rights, on trademarks, service marks and owners of exclusive right of use of the name of the place of goods origin (their representatives);

- representation to the interested state bodies, citizens and the organizations of statements from the Register;

- publication of the list of the intellectual property items entered in the Register in the editions: bulletin of customs information "Customs sheets", information and analytical review "Customs";

- informing, including with use of information technologies, about the prepared legal acts, and also about not become effective changes and amendments in the legal acts raising the questions connected with maintaining the Register;

- the common directorship the activities of customs authorities for the questions connected with maintaining the Register, exchange of information, concerning maintaining the Register and also finishing the exclusive rights granted the Register to data of owners on objects of copyright and the related rights, on trademarks, service marks and owners of exclusive right of use of the name of the place of goods origin (their representatives), participants of foreign economic activity and other interested persons, control of implementation of the specified activities of RTU and customs.

6. To the MOUTH and customs:

- provide free of charge information, including with use of information technologies, about the existing legal acts ***, the questions of maintaining the Register connected with regulation;

- perform free of charge consultation on the questions connected with maintaining the Register, entering of intellectual property items into the Register and their exception of it;

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