DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of August 30, 2016 № 102

About approval of Regulations of information exchange of authorized bodies of state members of the Eurasian Economic Union and Eurasian economic commission in the field of protection of the rights to intellectual property items (Moscow)

For the purpose of implementation of article 10 of the Agreement on coordination of actions for protection of the rights to intellectual property items of September 8, 2015 the Board of the Eurasian economic commission decided:

1. Approve the enclosed Regulations of information exchange of authorized bodies of state members of the Eurasian Economic Union and Eurasian economic commission in the field of protection of the rights to intellectual property items.

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Approved by the Decision of Board of the Eurasian economic commission of August 30, 2016 №102

Regulations of information exchange of authorized bodies of state members of the Eurasian Economic Union and the Eurasian economic commission in the field of protection of the rights to intellectual property items

I. General provisions

1. These Regulations are developed according to article 10 of the Agreement on coordination of actions for protection of the rights to intellectual property items of September 8, 2015 (further - the Agreement) for the purpose of forming of system of information support of the activities directed to protection of the rights to intellectual property items.

2. These Regulations establish procedure for information exchange of authorized bodies of state members of the Eurasian Economic Union (further respectively - authorized bodies, state members, the Union) and the Eurasian economic commission (further - the Commission) in the field of protection of the rights to intellectual property items, and also determine the scope of information, sent by authorized bodies to the Commission for generalization and systematization.

Within information exchange information exchange, other mystery of state members carried to state and protected by the law, and also to data of limited distribution which are recognized those according to the legislation of state members is not performed.

3. The concepts used in these Regulations are applied in the values determined by article 1 of the Agreement.

4. Methodical providing and advisory maintenance of interaction of authorized bodies and the Commission in the field of protection of the rights to intellectual property items are performed by department of the Commission within which competence questions of intellectual property are (further - responsible department).

II. Authorized bodies and their interaction with the Commission

5. State members according to the procedure, stipulated in Item 3 articles 9 of the Agreement, notify the Commission on authorized bodies.

After receipt of the notification by the Commission the responsible department within 10 working days places the list of authorized bodies (further - the list) on the official site of the Union on the Internet (further - the official site of the Union).

In case of obtaining by the Commission of notifications of state members on changes of authorized bodies the responsible department within 3 working days makes corresponding changes to the list.

6. Interaction of authorized bodies and the Commission is performed in the way:

a) information exchange:

about the authorized bodies and the Union published on the official sites projects of regulatory legal acts of state members and acts of bodies of the Union in the field of protection of the rights to intellectual property items;

about the elicited facts of violations of the rights to intellectual property items, including about the decisions made on criminal, civil cases and cases on administrative offenses;

about actions for warning and suppression of offenses and crimes in the field of protection of the rights to intellectual property items;

about law-enforcement practice in the field of protection of the rights to intellectual property items;

about the measures aimed at ensuring compliance with the legislation of state members in the field of protection of the rights to intellectual property items;

about results of the activities of authorized bodies including connected with suppression of import, production and turnover of goods with violation of the rights to intellectual property items;

b) carrying out joint analytical surveys on the questions infringing on interests of state members;

c) rendering by the Commission the methodical and practical help to authorized bodies on the questions arising in the course of interaction of authorized bodies among themselves;

d) implementation of cooperation on other questions connected with protection of the rights to intellectual property items.

7. Information exchange within these Regulations is performed in Russian.

III. Monitoring of law-enforcement practice

in state members in the field of protection of the rights to objects

intellectual property

8. Authorized bodies annually, no later than May 1, send to the Commission:

a) data on results of law-enforcement practice in the field of fight against violations of the rights to the intellectual property items containing (whenever possible) data, allowing to carry out condition monitoring of law-enforcement practice, the comparative analysis, forecasting of tendencies and risks of violation of the rights to intellectual property items (about the countries exporting goods with violations of the rights to intellectual property items, methods of transportation of such goods when importing to the territories of state members, types of goods, types of violations of the rights to intellectual property items, etc.);

b) the information and analytical and methodical materials concerning law-enforcement and court practice in the field of protection of the rights to intellectual property items (if such materials were prepared by authorized body in reporting year);

c) suggestions for improvement of law-enforcement practice and coordination of actions of authorized bodies for protection of the rights to intellectual property items within the Union;

d) information on the held and planned events directed to enhancement of the legislation and law-enforcement practice in the field of protection of the rights to intellectual property items.

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