The agreement between the Government of the Republic of Uzbekistan and the Government of the Russian Federation on cooperation in the field of protection of industrial property
of July 27, 1995
The government of the Republic of Uzbekistan and the Government of the Russian Federation which are hereinafter referred to as with the Parties
in view of historically developed relations between two states,
wishing to develop trade and economic and sci-tech cooperation,
recognizing that necessary condition for development of such cooperation is effective and adequate protection of industrial property,
understanding need of creation of concurrent favorable conditions for protection of the rights of authors and owners of industrial property,
agreed as follows:
The parties perform and develop cooperation in the field of protection and use of the rights to inventions, industrial designs, trademarks and other objects of industrial property on the basis of mutual advantage and equality according to this agreement and other international treaties which participants they are or will be.
The cooperation of the Parties will be directed on:
settlement, connected with protection and use of the rights to objects of industrial property;
harmonization of national legal acts in the field of protection of industrial property;
mutual simplification of the procedure of giving and consideration of requests for issue of security documents of applicants of the Republic of Uzbekistan in the Russian Federation and applicants of the Russian Federation in the Republic of Uzbekistan;
exchange of information, regulating and other documents, and also experience and specialists in the field of protection of industrial property.
In the field of protection of industrial property physical persons and legal entities of one state will use the same rights and benefits which are granted now in the territory of other state or own physical persons and legal entities will be provided by legal acts of this other state to its own physical persons and legal entities, and also the same legal remedies on the same bases and in the same amount, as.
At the same time, on the questions which are not settled by this agreement, the Parties will apply provisions of the Parisian Convention on protection of the industrial property reviewed in Stockholm on July 14, 1967.
Each of the Parties will take necessary measures for the purpose of inclusion in the corresponding legal acts of each of the states of provisions according to which early the issued security documents of the USSR on objects of industrial property it can be terminated in the territory of each state based on discrepancy of the protected object to protectability conditions, stipulated by the legislation, acting for date of application for this object.
Any physical person or legal entity of the Republic of Uzbekistan or the Russian Federation keeps right to use of the invention or industrial design without the conclusion of the license agreement if use of this invention or industrial design legally began before date of submission by other persons of the petition for issue of the national patent for inventions or industrial design on which or for which the application for issue of the copyright certificate or the certificate USSR was submitted earlier or the copyright certificate or the certificate USSR is granted.
At the same time payment of remunerations is made according to the procedure, established by legal acts of the state in the territory of which the specified invention or industrial design is worked.
Committee of the Russian Federation on patents and trademarks, providing confidentiality of the received materials, requests, by request of the State patent authority of the Republic of Uzbekistan will carry out information search for determination of level of the equipment in requests for patent grant of the Republic of Uzbekistan or to carry out expertize and to prepare the conclusions about possibility of patent grant according to these requests.
The specified works will be carried out on contractual basis with financing of the corresponding expenses by the State patent authority of the Republic of Uzbekistan.
The parties assume liability about inclusion in bilateral agreements about economic, industrial, scientific and technical cooperation of regulations on ensuring protection of objects of industrial property.
In case of submission of requests for issue of security documents, receipt of security documents and maintenance them in force patent agents of both states on the basis of the principle of reciprocity can run business directly with patent authorities of these states, representing at the same time the interests only of national applicants. National applicants of one state according to the procedure, determined by its legal acts, are also granted the right on the basis of the principle of reciprocity to run business on receipt of security documents and their maintenance in force is direct with patent authority of other state.
Payment of duties on submission of requests, issue of security documents, their maintenance in force and making of other legally significant actions connected with protection of industrial property and also introduction of payments for carrying out search and rendering other services is made in the currency and the sizes provided by legal acts of the Republic of Uzbekistan and the Russian Federation for payment of duties and introduction of payments by national applicants on the rate approved by competent authorities of the Republic of Uzbekistan and the Russian Federation.
All documents directed by the Parties each other during implementation of this agreement are represented in Russian.
Patent authorities are responsible for implementation of this agreement:
in the Republic of Uzbekistan - the State patent authority of the Republic of Uzbekistan,
in the Russian Federation - Committee of the Russian Federation on patents and trademarks.
The procedure and conditions of cooperation of patent authorities will be determined by special agreements between them.
In case of disagreements on the questions following from this agreement or connected with its accomplishment, agents of the parties will hold the corresponding consultations and will make necessary efforts for achievement of settlement of these disagreements.
This agreement does not interfere with participation of the Parties in bilateral and multilateral cooperation with other states in the field of protection of industrial property.
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