Agreement of Council of Heads of Government of the Commonwealth of Independent States

of November 19, 2010

About cooperation in the field of legal protection and protection of intellectual property and creation of Interstate council on questions of legal protection and protection of intellectual property

The governments of the State Parties of this agreement which further are referred to as with the Parties

wishing to develop scientific and technical, trade and economic and welfare cooperation,

recognizing that the compulsory provision for development of such cooperation is effective protection and protection of intellectual property,

understanding importance of acceptance of the approved and coordinated measures for development of system of legal protection and protection of intellectual property in the territories of the State Parties of this agreement,

being guided by the international obligations and the legislation of the State Parties of this agreement,

agreed as follows:

Article 1

For the purpose of coordination of joint activities for enhancement of interstate system of protection and protection of intellectual property, to counteraction to offenses in the field of intellectual property of the Party perform cooperation in the way:

a) strengthenings of contacts, carrying out joint surveys and exchange of opinions in the field of protection and protection of intellectual property;

b) exchange of information about the legislation of the State Parties of this agreement in the field of legal protection and protection of intellectual property;

c) approvals of the questions connected with protection and protection of intellectual property when implementing cooperation in the field of economy, trade, science, the equipment and culture, and also assistance in the conclusion of the corresponding international treaties;

d) implementation of collateral actions according to the prevention, identification and suppression of offenses in the field of intellectual property and to counteraction to such offenses;

e) acceptances of effective measures for the prevention and suppression of offenses in the field of intellectual property;

e) mutual protection of business entities of the State Parties of this agreement against unfair competition in the field of intellectual property.

Article 2

The parties create Interstate council on questions of legal protection and protection of intellectual property (further - Council).

Council performs the activities on the basis of Regulations on Council which are integral part of this agreement.

Article 3

For the purposes of this agreement "intellectual property" it is understood in the value specified in article 2 of the Convention establishing World Intellectual Property Organization of July 14, 1967 (with changes of October 2, 1979).

Article 4

The parties perform cooperation through the authorized (competent) bodies according to this agreement in case of compliance with law and international treaties of the State Parties of this agreement.

Article 5

The parties determine the list of the authorized (competent) bodies and report about it to depositary in case of delivery of the notification on accomplishment of the interstate procedures necessary for entry into force of this agreement. Each of the Parties within one month in writing through diplomatic channels notifies depositary on changes of the list of authorized (competent) bodies.

Article 6

Authorized (competent) bodies of the Parties perform cooperation in the field of intellectual property by coordination and carrying out joint surveys, actions for the prevention, identification and suppression of offenses, exchange of opinions, information.

Article 7

This agreement does not affect the rights and obligations of each of the Parties following for it from other international treaties which participant is its state.

Article 8

By mutual consent of the Parties changes and additions which are its integral part which are drawn up by the relevant protocol can be made to this agreement and become effective according to the procedure, provided for entry into force of this agreement.

Article 9

The matters of argument between the Parties arising in case of application and interpretation of this agreement are solved by consultations and negotiations of concerned parties or by means of other procedure approved by the Parties.

Article 10

This agreement becomes effective after 30 days from the date of receipt by depositary of the third written notice of accomplishment by the Parties of the interstate procedures necessary for its entry into force which signed it.

For the Parties which performed interstate procedures later this agreement becomes effective after 30 days from the date of receipt by depositary of the relevant documents.

Article 11

This agreement is open for accession of any state sharing its purposes and the principles by transfer to depositary of documents on accession.

For the joining state the Agreement becomes effective:

a) after 30 days from the date of receipt by depositary of the document on accession provided that at the time of delivery to depositary of documents on accession the Agreement became effective;

b) from the effective date Agreements provided that at the time of delivery to depositary of documents on accession the Agreement did not become effective.

Article 12

This agreement is signed sine die. Each of the Parties has the right to leave this agreement, having sent to depositary the written notice of such intention not later than 6 months to exit and having settled the obligations which arose during operation of the Agreement.

Article 13

For the State Parties of this agreement from the effective date of this agreement stop the action the Agreement on measures for protection of industrial property and creation of Interstate council on questions of protection of industrial property of March 12, 1993 and the Agreement on cooperation on suppression of offenses in the field of intellectual property of March 6, 1998.

It is made in the city of St. Petersburg on November 19, 2010 in one authentic copy in Russian. The authentic copy is stored in Executive committee of the Commonwealth of Independent States which will send to each state which signed this agreement, its verified copy.

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