The agreement on the single principles of regulation in the field of protection and protection of intellectual property rights

of December 9, 2010

The government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation which are hereinafter referred to as with the Parties

being guided by the Decision of Interstate Council of Eurasian economic community (The Supreme body of the Customs union) of December 19, 2009 No. 35,

expressing intention to develop trade and economic, industrial, cultural and nauchnotekhnichesky cooperation,

proceeding from need of realization of the approved system of the measures directed to protection and protection of intellectual property rights and fight against international trade in counterfeit goods

aiming at creating favorable conditions for forming of the Common economic space and the Customs union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation by the organization of the single coordinated system of protection and protection of intellectual property rights,

agreed as follows.

SECTION I

General provisions

Article 1

This agreement is directed to unification of the principles of regulation in the field of protection and protection of results of intellectual activities and means of individualization of goods, works and services which are protected by the national legal system of the Parties.

Article 2

1. The parties are based on the general international legal base in the field of protection and protection of intellectual property rights, Agreements of the World Trade Organization on trade aspects of intellectual property rights share the principles and are guided by the international agreements in the field of intellectual property which are under managerial control of World Intellectual Property Organization, and also other international agreements which participants are the Parties.

2. The parties which until the signature of this agreement are not participants of the Singapore agreement on the laws according to trademarks of 2007 and the International convention on protection of the rights of contractors, manufacturers of soundtracks and the broadcasting organizations (The Roman convention of 1961) assume liability on accession to the mentioned international treaties.

3. The parties shall coordinate actions within participation in World Intellectual Property Organization, Committee on the Agreement on trade aspects of intellectual property rights of the World Trade Organization (after accession of the states of the Parties to the World Trade Organization).

Article 3

1. Each Party shall fix in the national legal system regulations on provision to physical persons and legal entities, results of intellectual activities and means of individualization of the states of other Parties of the same level of protection and protection of intellectual property rights what it reports to the physical persons and legal entities, results of intellectual activities and means of individualization in the territory in the amount provided by this agreement and within the international obligations of the Parties.

2. The parties can apply in the national legal system such regulations which will provide the bigger level of protection and protection of intellectual property rights, than those which contain in this agreement provided that they will not contradict provisions of this agreement.

SECTION II

Copyright and related rights

Article 4

1. The parties shall provide protection of intellectual property, based on provisions of the Bern convention on protection literary and works of art of 1971, the Agreement of World Intellectual Property Organization on copyright and Agreements of World Intellectual Property Organization on execution and soundtracks.

2. Programs for electronic computers (computer programs), including the source text and object code, are protected as literary works according to the Bern convention on protection literary and works of art of 1971.

3. Compound works, that is the works representing result of creativity on matching or arrangement of materials irrespective of form of their expression are protected as such. At the same time compound works are protected by copyright irrespective of whether are objects of copyright of the work on which they are based or which they include.

4. Copyright extends to works of science, literature and art. The author of the work possesses, in particular, the following rights:

1) exclusive right on the work;

2) copyright;

3) the author's right addressed to;

4) right to immunity of the work;

5) pas right promulgation of the work;

6) other rights established by the national legal system of the Parties.

5. Shall reduce the parties to separate cases of restriction and withdrawal from the rights to the results of intellectual activities protected within this Article which will not contradict regular use of works or objects of the related rights and will not infringe unreasonably upon legitimate interests of owners.

6. The parties shall provide terms of protection of exclusive right on the work of the author, exclusive right on the work created in co-authorship, exclusive right on the work promulgated after the death of the author which will be not lower than the terms established by the Bern convention on protection literary and works of art of 1971, the Agreement of the World Trade Organization on trade aspects of intellectual property rights and the International convention on protection of the rights of contractors, manufacturers of soundtracks and the broadcasting organizations (The Roman convention of 1961). Big terms of protection of the rights specified in this Article can be enshrined in the national legal system of the Parties.

Article 5

Each Party shall provide to owners concerning pieces of screen the right to permit or prohibit public commercial hire of originals or copies of their works protected by copyright in the territory of the state of other Party.

Article 6

For the purposes of this agreement intellectual (property and personal non-property) the rights to results of performing activities (execution), to soundtracks and other rights which are established by the national legal system of the Parties are adjacent to copyright (related rights).

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