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AGREEMENT

of September 8, 2015

About coordination of actions for protection of the rights to intellectual property items

The state members of the Eurasian Economic Union on behalf of their governments which further are referred to as with state members

for the purpose of implementation of the Protocol on protection and protection of the rights to intellectual property items (appendix No. 26 to the Agreement on the Eurasian Economic Union of May 29, 2014),

expressing intention to develop cooperation between state members in the field of protection of the rights to intellectual property items within the Eurasian Economic Union (further - the Union),

agreed as follows:

Article 1

For the purposes of this Agreement concepts which mean the following are used:

"coordination of actions" - interaction of authorized bodies of state members among themselves and with the Eurasian economic commission for the purpose of ensuring mutual interests of state members in the field of protection of the rights to intellectual property items;

"violation of the rights to intellectual property items" - use of intellectual property items, including on the Internet, production, distribution or other use, and also import, movement or storage for these purposes of goods if such actions involve violation of the rights to intellectual property items protected according to the legislation of state members;

"joint actions" - the approved actions for the prevention, identification, suppression and investigation of violations of the rights to the intellectual property items which are carried out by authorized bodies of two or more state members;

"authorized body" - executive body, and also other body which according to regulatory legal acts of state member is given authority in the field of protection of the rights to intellectual property items.

Article 2

1. State members perform cooperation and provide effective interaction of authorized bodies, proceeding from need of forming of single system of protection of the rights to intellectual property items.

2. For the purpose of protection of the rights to intellectual property items, including ensuring effective suppression of violations of these rights on customs area of the Union, are performed:

coordination of actions according to the prevention, identification, suppression and investigation of violations of the rights to intellectual property items, and also on enhancement of activities of authorized bodies in this sphere;

harmonization and enhancement of the legislation of state members in the field of protection of the rights to intellectual property items on customs area of the Union;

other actions (if necessary).

Article 3

For the purpose of coordination of actions representatives of authorized bodies consider at meetings of the relevant consultative body under Board of the Eurasian economic commission the questions arising within implementation of this agreement proceeding from the following principles:

equality of authorized bodies in case of problem definition and holding actions within coordination of actions;

independence of each authorized body within the powers conferred to it according to the legislation of state member;

publicity in that measure in what it does not contradict requirements of the legislation of state members about protection of rights and freedoms of man and citizen, about the state and protected by the law other secret.

Article 4

Within this Agreement the Eurasian economic commission together with authorized bodies:

performs the analysis and generalization of experience of activities for suppression of violations of the rights to intellectual property items in the territories of state members, and also forecasting of tendencies in the field of the prevention, identifications, suppression and investigation of offenses in the field;

performs the analysis of law-enforcement practice of state members in the field of protection of the rights to intellectual property items, including accomplishment of international treaties in this sphere;

develops offers on increase in efficiency of protection of the rights to intellectual property items, including according to the prevention of violations of these rights on customs area of the Union;

participates in the organization and holding joint seminars, conferences, other actions directed to advanced training of staff of authorized bodies and the Eurasian economic commission in the field of protection of the rights to intellectual property items.

Article 5

For the purpose of ensuring coordination of actions authorized bodies perform cooperation in the following forms:

interaction within activities of consultative body under Board of the Eurasian economic commission;

exchange of information concerning protection of the rights to intellectual property items, including according to the prevention of violations of these rights on customs area of the Union;

holding meetings of representatives of authorized bodies;

development and implementation of the approved plans for coordination of actions;

holding joint actions, including within implementation of the approved plans provided by the paragraph the fifth this Article;

holding training, seminars, conferences, and also other actions for the purpose of experience exchange;

release of bulletins (collections) and other information publications;

other forms according to the mutual arrangement of state members.

Article 6

1. Authorized bodies on own initiative or on requests of other authorized bodies communicate:

about the concrete facts and events connected with violation of the rights to intellectual property items;

about persons involved in violations of the rights to intellectual property items;

about movement of goods from the territory of one state member on the territory of other state member owing to which the rights to intellectual property items, and also about the goods and vehicles used when moving these goods are violated;

about goods, the imported (imported) with territories third countries on customs area of the Union if import of such goods involves violation of the rights to intellectual property items, and also other information (if necessary).

2. Information transfer, this Article specified in Item 1, authorized body to the third parties can be performed only from written consent of the authorized body which provided such information.

The authorized body which obtained such information provides the level of its protection equivalent to the protection level applied to such information by the authorized body which presented her.

3. For violation of the conditions provided in Item 2 of this Article, the authorized body and its employees who obtained information specified in Item 1 of this Article bear the responsibility established by the legislation of the state of this authorized body.

Article 7

1. For implementation of joint actions or rendering assistance in their carrying out authorized bodies have the right to make to each other the corresponding inquiry.

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