ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION AND FEDERAL SERVICE FOR INTELLECTUAL PROPERTY OF THE RUSSIAN FEDERATION

of October 13, 2014 No. 159

About the Rules of creation, giving and consideration of the application and documents which are the basis for recognition of action of exclusive right in the territory of the Russian Federation

According to part nine of article 13.1 of the Federal Law of December 18, 2006 No. 231-FZ "About enforcement of part four of the Civil code of the Russian Federation" (The Russian Federation Code, 2006, No. 52, Art. 5497; 2007, No. 31, Art. 3999; 2009, No. 1, Art. 4; 2010, No. 16, Art. 1815; 2013, No. 27, Art. 3434; 2014, No. 11, Art. 1100; 30, of the Art. 4253) I order to No.:

Approve enclosed:

rules of creation, the giving and consideration of the application and documents which are the basis for recognition of action of exclusive right in the territory of the Russian Federation (appendix No. 1);

the application form about recognition of action of exclusive right in the territory of the Russian Federation (appendix No. 2).

Appendix No. 1

Approved by the Order of Federal Service for Intellectual Property of the Russian Federation of October 13, 2014 No. 159

Rules of creation, the giving and consideration of the application and documents which are the basis for recognition of action of exclusive right in the territory of the Russian Federation

I. General provisions

1. These rules establish procedure for creation and filing of applications and the documents which are the basis for recognition in the territory of the Russian Federation of action of exclusive rights on inventions, useful models, industrial designs, trademarks, service marks, names of places of goods origin, certified by the official documents of Ukraine existing as of day of acceptance to the Russian Federation of the Republic of Crimea and education as a part of the Russian Federation of new subjects (further - exclusive rights), and also their considerations by Federal Service for Intellectual Property (further - Rospatent).

2. For recognition of action of exclusive right in the territory of the Russian Federation person specified in part one of article 13.1 of the Federal Law of December 18, 2006 to No. 231-FZ "About enforcement of part four of the Civil code of the Russian Federation" (The Russian Federation Code, 2006, No. 52, Art. 5497; 2007, No. 31, Art. 3999; 2009, No. 1, Art. 4; 2010, No. 16, Art. 1815; 2013, No. 27, Art. 3434; 2014, No. 11, Art. 1100; No. 30, of the Art. 4253) (further - the Federal Law of December 18, 2006 No. 231-FZ), files in Rospatent petition for recognition of action of exclusive right in the territory of the Russian Federation (further - the Statement).

3. Giving and business management according to the Statement is performed by the applicant independently, through the patent agent or other representative.

4. The application can be submitted till July 1, 2016.

II. Creation and filing of application

5. The statement is constituted in the established form with filling of the fields corresponding to type of intellectual property item concerning which it moves.

6. In the Statement recognition of action of the exclusive rights certified by one official document of Ukraine can be asked.

7. The application is signed by the applicant or his representative. If the exclusive right belongs to several owners, the Application is signed by all owners specified in part one of article 13.1 of the Federal Law of December 18, 2006 to No. 231-FZ or their representatives.

The signature is deciphered with indication of surname and initials of signatory person. If applicant is the legal entity, also the position of the person which is acting on behalf of the legal entity without power of attorney and who signed the Application is specified. The signature of such person is sealed the legal entity (in the presence of seal).

8. The applicant has the right to declare recognition of action of exclusive right concerning the intellectual property item changed in comparison with specified in the security document of Ukraine if such changes:

are expressed in exception of Items of formula of the invention or useful model;

consist in refining of the list of goods/services without expansion of amount of exclusive right on the trademark, service mark (further - the trademark);

do not lead to change of essence of industrial design or being of the trademark;

are connected with indication of the place of goods origin in Russian.

In this case in the Statement the corresponding mark becomes.

9. The copy of the official document of Ukraine which certifies exclusive right is enclosed to the Application.

10. Depending on intellectual property item concerning which the Application is submitted the following documents are attached to it:

a) for inventions - the description, the paper and formula of the invention, and also the drawings necessary for understanding of essence of the invention (if those are available);

b) for useful models - the description and formula of useful model, and also the drawings necessary for understanding of essence of useful model (if those are available);

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