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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of November 3, 2015 №143

About Regulations on the Advisory committee on intellectual property

(as amended of the Decision of Board of the Eurasian economic commission of 29.01.2019 No. 15)

According to Items 7 and 44of the Regulations on the Eurasian economic commission (appendix №1 to the Agreement on the Eurasian Economic Union of May 29, 2014) the Board of the Eurasian economic commission decided:

1. Approve the enclosed Regulations on the Advisory committee on intellectual property.

2. Declare invalid the paragraph of the 2 of Item 2 of the Decision of Board of the Eurasian economic commission of September 25, 2012 №172 "About the Advisory committee on intellectual property".

3. This Decision shall enter into force upon the expiry of 30 calendar days from the date of its official publication.

Chairman of Board of the Eurasian economic commission

V. Khristenko

Approved by the Decision of Board of the Eurasian economic commission of November 3, 2015 №143

Regulations on the Advisory committee on intellectual property

I. General provisions

1. The advisory committee on intellectual property (further – Committee) is created under Board of the Euroasian economic commission (further respectively – Board, the Commission) according to the Agreement on the Eurasian Economic Union of May 29, 2014.

The committee is consultative body of the Commission on development of offers for Board on protection and protection of intellectual property rights in the territory of the Eurasian Economic Union (further – the Union).

2. The committee in the activities is guided by the Agreement on the Eurasian Economic Union of May 29, 2014, other international treaties and acts constituting the right of the Union, the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of December 23, 2014 № 98, and also this Provision.

II. Main objectives and functions of Committee

3. The main objectives of Committee are:

a) preparation of recommendations for the Commission in the field of intellectual property;

b) carrying out consultations on questions in the field of intellectual property;

c) preparation of offers on interaction of authorized bodies of state members in the field of intellectual property;

d) preparation of offers for state members of the Union (further – state members) according to drafts of recommendations of the Commission in the field of intellectual property;

e) consideration of other questions in the field of intellectual property within carrying out consultations, including at the request of the member of Board within whose competence questions in the field of intellectual property, and also preparation of offers on the specified questions are.

4. For realization of the tasks assigned to it the Committee performs the following functions:

a) carries out the analysis:

the international treaties and acts constituting the right of the Union, and also the legislation of state members in the field of intellectual property;

law-enforcement practice of state members in the field of intellectual property;

regulatory framework and activities of the international organizations in the respective sphere;

b) prepares offers on the following questions:

harmonization of the legislation of state members in the field of intellectual property;

forming of effective mechanisms and development of the principles of coordination by policy state members in the field of intellectual property;

the organization of cooperation between authorized bodies of state members in the field of intellectual property, authorized organizations and the Commission;

enhancement of procedure for carrying out monitoring and control of execution by state members of provisions of the international treaties and acts constituting the right of the Union in the field of intellectual property;

c) performs other functions within the competence.

5. The committee holds consultations and prepares recommendations for the Commission on the questions determined by Council of the Commission.

6. The questions determined by Council of the Commission as questions on which the Board shall hold consultations according to Item 25 of the Regulations on the Eurasian economic commission (appendix № 1 to the Agreement on the Eurasian Economic Union of May 29, 2014) are considered within Committee before their consideration at meeting of Board.

III. Structure of Committee

7. The structure of Committee is created of representatives of authorized bodies of state members in the field of intellectual property.

For forming of structure of Committee the Commission requests from state members of the offer on candidates for authorized representatives of public authorities of state members.

Committee representatives of business community, scientific and public organizations, other independent experts can be included.

State members timely represent offers on modification of structure of Committee.

The structure of Committee affirms the order of Board.

8. Presides over committee meetings and the member of Board within whose competence questions in the field of intellectual property are (further – the chairman of Committee) performs the common directorship of work of Committee.

9. Chairman of Committee:

a) directs activities of Committee and will organize work on accomplishment of the tasks assigned to Committee;

b) makes the decision on holding committee meeting, approves the agenda of committee meeting, determines date, time and the place of its carrying out;

c) conducts committee meetings;

d) approves protocols of committee meetings;

e) informs Board and Council of the Commission on the recommendations developed by Committee;

e) approves regulations on subcommittees, expert and working groups and their structures;

g) represents Committee at meetings of Board and Council of the Commission, and also in interaction with authorized bodies of state members in the field of intellectual property.

9-1. The vice-chairman of Committee performs functions of the chairman, stipulated in Item the 9th this provision, in case of absence of the chairman of Committee.

10. The responsible secretary of Committee is appointed the chairman of Committee from among officials or the staff of the Commission.

11. Responsible secretary of Committee:

a) prepares the draft of the agenda of committee meeting according to proposals of the chairman of Committee and members of the committee and submits it for approval to the chairman of Committee;

b) exercises control of preparation and representation of materials to the draft of the agenda and to committee meeting;

c) prepares and sends to members of the committee the approved agenda of committee meeting and materials to it;

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