RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 22, 2010 No. 1174

About approvals of criteria on which the risk degree from conducting the economic activity connected with use of objects of intellectual property right is estimated and frequency of implementation of actions of the state supervision (control) in the sphere of economic activity by the Ministry of Economic Development and Trade is determined

According to article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the sphere of economic activity" the Cabinet of Ministers of Ukraine decides:

Approve criteria by which the risk degree from conducting the economic activity connected with use of objects of intellectual property right is estimated and frequency of implementation of actions of the state supervision (control) in the sphere of economic activity by the Ministry of Economic Development and Trade which are applied is determined.

Approved by the resolution of the Cabinet of Ministers of Ukraine of December 22, 2010 No. 1174

Criteria by which the risk degree from conducting the economic activity connected with use of objects of intellectual property right is estimated and frequency of implementation of actions of the state supervision (control) in the sphere of economic activity by the Ministry of Economic Development and Trade is determined

1. Criteria by which the risk degree from conducting the economic activity connected with use of objects of intellectual property right is estimated and determine frequency of implementation of actions of the state supervision (control), are:

observance of requirements of the legislation in the sphere of economic activity;

observance of requirements of the legislation in the sphere of intellectual property (except the legislation in the sphere of protection of the rights to plant varieties).

2. According to the established criteria subjects of housekeeping treat one of three risk degrees - high, average and insignificant.

3. Subjects which main economic activity is connected with use of objects of intellectual property right and in which during implementation of preliminary action of the state supervision (control) established facts concern to subjects of housekeeping with high risk:

uses, storages, distribution and realization of objects of copyright and the related rights during public accomplishment, demonstration, display, and the notification which are performed by their live broadcast and/or relaying, in particular musical and/or audiovisual works, soundtracks and/or videograms in which such works are fixed;

storages, uses, distribution and implementation of computer programs and databases;

productions, export, import, storage, distribution and realization of disks, for laser systems of reading and matrixes for their production.

4. Subjects of housekeeping which during economic activity use objects of copyright and/or the related rights, in particular musical and/or audiovisual works, soundtracks and/or videograms in which such works are fixed, computer programs and databases concern to subjects of housekeeping with average risk degree, but use of noted objects is not main type of their economic activity.

5. Subjects which are not carried to subjects of housekeeping with high and average risk degree concern to subjects of housekeeping with insignificant risk degree.

6. Planned actions of the state supervision (control) of maintaining by subjects of housekeeping of the economic activity connected with use of objects of intellectual property right are performed with the following frequency:

with high risk - not more often than every two years;

with average risk degree - not more often than once in three years;

with insignificant risk degree - not more often than once in five years.

7. If by results of planned and unplanned actions of the state supervision (control) (in the presence) within the last six years for subjects of managing which are carried to average risk degree and within the last ten years for subjects of managing which are carried to insignificant risk degree, at the subject of managing violations of requirements of the legislation for use of objects of intellectual property right are not revealed, the following planned event of the state supervision (control) concerning such subject of managing is held not earlier than through the period of time established for the corresponding risk degree, increased in time 1,5.

If from the date of adoption of such decision by results of unscheduled inspections violations by the subject of managing of requirements of the legislation in the respective sphere are revealed, the following planned event of the state supervision (control) concerning such subject of managing is performed in the next planning period.

8. In case the subject of managing can be carried at the same time to two or more risk degrees, such subject belongs to more high risk from to what it can be carried.

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