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Ministry of Justice

Russian Federation

On October 28, 2015 No. 39506

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of August 27, 2015 No. 603

About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in early termination of action of the patent for the invention, useful model, industrial design, legal protection of the trademark, service mark, action of the certificate on exclusive right on the name of the place of goods origin according to the statement of the owner

(as amended of the Order of the Ministry of Economic Development of the Russian Federation of 13.05.2016 No. 298)

According to the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, 72; No. 10, Art. 1393; No. 29, the Art. 4342, 4376) and the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, 5, of the Art. 506) I order to No.:

1. Approve the enclosed Administrative regulations of provision by Federal Service for Intellectual Property of the state service in early termination of action of the patent for the invention, useful model, industrial design, legal protection of the trademark, service mark, action of the certificate on exclusive right on the name of the place of goods origin according to the statement of the owner.

2. To impose control of execution of this order on the Head of the Federal Service for Intellectual Property Ivliyev G. P.

Minister

A. V. Ulyukaev

Approved by the Order of the Ministry of Economic Development of the Russian Federation of August 27, 2015, No. 603

Administrative regulations of provision by Federal Service for Intellectual Property of the state service in early termination of action of the patent for the invention, useful model, industrial design, legal protection of the trademark, service mark, action of the certificate on exclusive right on the name of the place of goods origin according to the statement of the owner

I. General provisions

Subject of regulation of regulations

1. Administrative regulations of provision by Federal Service for Intellectual Property of the state service in early termination of action of the patent for the invention, useful model, industrial design (further respectively - the Patent, subjects of the patent law), legal protection of the trademark, service mark (further - means of individualization), actions of the certificate on exclusive right on the name of the place of goods origin (further respectively - the Certificate, NMPT) according to the statement of the owner (further respectively - Regulations, the State service) govern the relations connected with provision of the State service by Federal Service for Intellectual Property (Rospatent).

Circle of applicants

2. The statement for early termination of action of the Patent, legal protection of means of individualization, action of the Certificate (further - the Application) is submitted by the owner (further - the applicant).

If owners concerning one subject of the patent law, means of individualization or NMPT are several persons, then all of them shall act as applicants.

Business management with Rospatent can be performed by the applicant independently or through the patent agent registered in Rospatent or through other representative (further - the Representative).

Requirements to procedure for informing on provision of the State service

3. The location, the working schedule and contact information of Rospatent and Federal state budgetary institution "Federal Institute of Industrial Property" (further - FIPS):

1) Rospatent location: Moscow, Berezhkovskaya Naberezhnaya, 24, p. 12;

FIPS location:

Moscow, Berezhkovskaya Naberezhnaya, 30, building 1 (central building);

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 1;

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 2;

2) working schedule of Rospatent and FIPS:

Monday - Thursday: 9:30 - 18:15;

Friday: 9:30 - 17:00;

Saturday, Sunday, non-working holidays - the days off;

3) the location of the room of reception of applications and other correspondence addressed in Rospatent or FIPS (further - documents acceptance window): Moscow, Berezhkovskaya Naberezhnaya, 30, building 1;

working schedule of window of documents acceptance:

Monday - Thursday: 9:30 - 17:45;

Friday: 9:30 - 16:45;

break: 12:30 - 13:00;

Saturday, Sunday, non-working holidays - the days off;

4) the location of consulting and help Item of Rospatent and FIPS (further - help Item): Moscow, Berezhkovskaya Naberezhnaya, 24, p. 1, room 113-B;

working schedule of help Item:

Monday - Friday: 11:00 - 16:00;

break: 13:00 - 14:00;

Saturday, Sunday, non-working holidays - the days off;

5) phones of help Item:

8 (499) 240 60 15 - informing on the course of provision of the State service;

8 (499) 240 58 42 - informing on questions of procedure for provision of the State service, including of procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the State service;

6) the telephone number for enquiries of the Center of telephone servicing of citizens and the organizations of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Portal) - 8 (800) 100 70 10;

7) postal address of Rospatent and FIPS: Rospatent, Berezhkovskaya Naberezhnaya, 30, building 1, Moscow, G-59, GSP-3, 125993, Russian Federation;

8) fax of Rospatent and FIPS: 8 (495) 531 63 18;

9) the address of the official site of Rospatent on the Internet: http://www.rupto.ru (further - the website of Rospatent);

the address of the official site of FIPS on the Internet: http://www1.fips.ru (further - the website of FIPS);

the address of the official site of the Portal on the Internet: http://www.gosuslugi.ru;

e-mail address of Rospatent: rospatent@rupto.ru;

e-mail address FIPS: fips@rupto.ru.

4. Information on procedure for provision of the State service, including on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the State service is placed Rospatent:

1) on the website of Rospatent;

2) on the Portal (it is provided daily and round the clock on the telephone number for enquiries of the Center of telephone servicing of citizens and the organizations of the Portal on the basis of the data containing in the Federal register of the state and municipal services (functions);

3) at information stands in help Item (it is provided by officials of help Item to persons who addressed for explanations directly in the specified help Item in working hours of Item or by its phone, in writing the mailing or the electronic message to the address specified by the applicant);

4) in information brochures, booklets, on information leaflets and to that similar, prepared by Rospatent, FIPS (it is provided on a grant basis at the thematic meetings organized and held by Rospatent, FIPS with applicants, owners and other interested persons concerning provision of the state services);

5) at information stands in rooms of reception of applications and other correspondence addressed in Rospatent or FIPS;

6) at information stands in Rospatent, FIPS for servicing of persons with limited opportunities.

5. Are posted on the website of Rospatent:

1) information, stipulated in Item 3 Regulations;

2) Regulations with appendices;

3) other regulatory legal acts governing the relations connected with provision of the State service;

4) application forms;

5) information on procedure for provision of the State service electronically, including:

- about technical requirements to filing of application and the documents attached to it (further - Documents) electronically through the Portal;

- about types of machine-readable carriers and about the allowed data presentation formats which can be used for submission of Documents to Rospatent;

6) procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the State service.

6. On the Portal take place:

1) information on procedure for provision of the State service;

2) address of the website of Rospatent;

3) the postal address to which the Documents necessary for provision of the State service by Rospatent can be submitted;

4) working schedule of Rospatent and FIPS;

5) phone numbers for receipt of certificates of the course of provision of the State service in number of the Patent, means of individualization, the Certificate and information on questions of procedure for provision of the State service, on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the State service;

6) Regulations with appendices;

7) other regulatory legal acts governing the relations connected with provision of the State service;

8) information on the course of provision of the State service in the Application submitted through the Portal;

9) information on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the State service.

7. Oral and written consultations concerning provision of the State service are provided free of charge.

Oral and written consultations concerning provision of the State service, answers to which do not require production analysis according to the specific Statement and (or) the systems profound analysis of provisions of regulatory legal acts, can be provided by officials of help Item.

Oral advice can be got as by phone according to numbers specified in the subitem 5 of Item 3 of Regulations and it is direct in help Item.

In case of the response to phone call are reported the name of body in which the call, surname, name and middle name (the last - in the presence) and position of the official who received phone call arrived.

Time of conversation shall not exceed ten minutes.

In case of absence at the official who received call, opportunities independently to answer the questions posed the phone call shall be readdressed (is transferred) to the official of Rospatent, the information on method of receipt of such information shall be provided to the employee of FIPS having necessary information, or who addressed.

In case of receipt of the written address, including by e-mail, about consultation provision the pertinent answer of the specified address is provided by Rospatent and FIPS within thirty days from the date of receipt of the address.

In case of the answer to questions by phone the official has no right to provide information concerning being of the Statement, clerical work concerning this Statement and documents submitted with it.

II. Standard of provision of the State service

Name of the State service

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