The agreement on cooperation on suppression of offenses in the field of intellectual property
of March 6, 1998
The State Parties of this agreement on behalf of the governments which are hereinafter referred to as with the Parties
expressing deep concern in expansion of scales of offenses in the field of intellectual property,
being guided by the Interstate program of joint efforts of fight against the organized crime and other types of dangerous crimes in the territory of the State Parties of the Commonwealth of Independent States for the period till 2000 approved by the Decision of Council of heads of states of the Commonwealth of Independent States of May 17, 1996
wishing to create favorable conditions for harmonious development of mutual trade, economic, industrial and scientific cooperation,
based on provisions of the Convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993,
understanding need of coordination of efforts of the Parties and acceptance of effective measures to suppression of offenses in the field of intellectual property,
agreed as follows:
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, signed in Stockholm on July 14, 1967.
For the purpose of development of agreed forms and realization of methods of interaction in the field of protection and protection of intellectual property of the Party will perform cooperation in questions of the prevention, identification, suppression and investigation of offenses in this area on the basis of respect for the principles of equality and mutual advantage and according to international treaties and the national legal system.
Each Party has the right to provide on the basis of reciprocity to physical persons and legal entities of other Parties the mode at least favorable, than to the physical persons and legal entities concerning protection of the intellectual property rights.
1. Authorities of the Parties perform cooperation in the way:
a) exchange of information about suppression of offenses in the field of intellectual property;
b) creations of the general information database on questions of suppression of offenses in the field of intellectual property with transfer of the subjects having access to it;
c) holding actions for the prevention, identification, suppression and disclosure of offenses in the field of intellectual property;
d) experience exchange of work on the prevention, identification, suppression and disclosure of offenses in the field of intellectual property;
e) exchange of educational, methodical and special literature;
e) organizations of joint scientific research, seminars and conferences;
g) assistance in preparation and advanced training of personnel;
h) provisions on requests of the Parties of the regulations regulating activities in the field of intellectual property.
2. The parties determine the list of the authorities, actionees of this agreement, and report about it to depositary not later than in three-months time from the date of the introduction of the Agreement in force.
The parties will bring the national legal system into accord with international standards in the field of protection and protection of intellectual property rights and will enact the corresponding procedures which will grant to customs authorities the omission suspension right through customs border of the Parties of goods, the made and/or acquired with violation rights to intellectual property items and/or comprising any violations of the specified rights.
The parties will be developed and will enact the regulations of the penal, civil and administrative legislation providing agreed measures according to the prevention and suppression of offenses in the field of intellectual property.
For the purpose of acceptance of effective measures to suppression of offenses in the field of intellectual property and coordination of actions of the Parties within this Agreement of the Party create the joint working Commission which performs the activities based on Regulations on this Commission.
Agents of the parties if necessary hold working meetings and consultations on problems of strengthening and increase in efficiency of cooperation in protection and protection of intellectual property, including harmonization of the legislation, and methodology in this area.
For the purpose of implementation of this agreement authorities of the Parties can sign bilateral and multilateral interservice agreements about cooperation on suppression of offenses in the field of intellectual property.
The disagreements arising in connection with interpretation or application of provisions of this agreement are permitted by consultations and negotiations.
Each Party independently incurs the expenses connected with implementation of this agreement.
For implementation of cooperation within this agreement working language is Russian.
By mutual consent of the Parties changes and additions which are drawn up by the protocol which is integral part of the Agreement can be made to this agreement.
This agreement becomes effective from the date of delivery on storage to depositary of the third notification on accomplishment by the Parties of the interstate procedures necessary for its entry into force which signed it.
For the Parties which performed necessary procedures later it becomes effective in day of delivery of the relevant documents to depositary.
This agreement is open for accession of other states dividing its provisions with the consent of all Parties by transfer to depositary of documents on such accession. Accession is considered by the depositary of the last message on consent to such accession which became effective from the date of receipt.
This agreement is effective within five years from the date of its entry into force. After this term the Agreement is automatically prolonged every time for the five-year period if the Parties do not make other decision.
Each Party can leave this agreement, having sent the written notice of it to depositary not later than 6 months to exit, having settled the financial and other liabilities which arose during operation of the Agreement.
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