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Treaty on the Eurasian Economic Union Section XXIII Intellectual property

Eurasian Economic Union Treaty

(excerpts)

Section XXIII. Intellectual property

Article 89. General provisions

1. Member States shall cooperate in the field of protection and enforcement of intellectual property rights and provide protection on its territory and the protection of rights in accordance with international law, international treaties and acts constituting the right Union, and the laws of the Member States.

The cooperation of Member States is carried out for the following main tasks:

the harmonization of the laws of the Member States in the field of protection and enforcement of intellectual property rights;

protection of the interests of holders of rights on objects of intellectual property offices of Member States.

2. cooperation of Member States is conducted in the following main directions:

1) support research and innovative development;

2) improvement of mechanisms for commercialization and use of objects of intellectual property;

3) providing favourable conditions for holders of copyright and related rights of the Member States;

4) introduction of a system of registration of trademarks and service marks of the Eurasian Economic Union and appellations of origin of the Eurasian Economic Union;

5) ensuring the protection of intellectual property rights, including on the Internet;

6) ensuring effective customs protection of intellectual property rights, including through the maintenance of a unified customs registry of intellectual property in Member States;

7) coordinated measures aimed at the prevention and elimination of trafficking in counterfeit goods.

3. in order to ensure the effective protection and enforcement of intellectual property rights consultation of Member States, organized by the Commission.

Based on the results of the consultations are developed proposals to address identified in the cooperation of the Member States of problematic issues.

Article 90. The legal regime of intellectual property objects

1. Persons of one Member State in the territory of another Member State shall be granted national treatment with regard to the legal regime of intellectual property rights. The legislation of the Member State may provide for exceptions to national treatment in relation to judicial and administrative procedures, including the indication of an address for correspondence and the appointment of a representative.

2. Member States may provide in their legislation that provide a greater level of protection and enforcement of intellectual property rights than is provided for in international legal instruments applicable to Member States, as well as in international treaties and acts constitute the right Union.

3. Member States shall carry out activities in the field of protection and enforcement of intellectual property rights in accordance with the norms of the following fundamental international instruments:

The Berne Convention for the protection of literary and artistic works of September 9, 1886 year (1971 Edition);

The Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure of April 28, 1977 onwards;

The Treaty of the world intellectual property organization Copyright Treaty of December 20, 1996 onwards;

The Treaty of the world intellectual property organization performances and Phonograms Treaty (WPPT) of December 20, 1996 onwards;

The Treaty on patent law dated June 1, 2000 years;

Treaty the Patent Cooperation Treaty of June 19, 1970 onwards;

Convention for the protection of producers of Phonograms against unauthorized duplication of their Phonograms of October 29, 1971 onwards;

Madrid agreement concerning the international registration of marks of April 14, 1891 year and Protocol relating to the Madrid agreement concerning the international registration of marks of June 28, 1989 year;

International Convention for the protection of performers, producers of Phonograms and broadcasting organisations of October 26, 1961 year;

The Paris Convention for the protection of industrial property of March 20, 1883 year;

The Singapore Treaty on the law of trademarks on March 27, 2006 year.

Member States which are not parties to these treaties, accept the obligation to accede to it.

4. Regulation of relations in the field of protection and enforcement of intellectual property rights, including identifying features of the legal regime applicable to certain types of intellectual property are carried out in accordance with annex 26 to the present contract.

Article 91. Law enforcement

1. Member States shall carry out enforcement measures to ensure the effective protection of intellectual property rights.

2. Member States shall implement actions for the protection of intellectual property rights, including, in accordance with the customs code of the Eurasian Economic Union, as well as with regulatory customs relationship international treaties and acts constituting the right Union.

3. The competent authorities of the Member States with a mandate in the field of protection of intellectual property rights, cooperation and collaboration in order to coordinate actions to prevent, detect and suppress violations of intellectual property rights in the territories of the Member States.

Annex 26 to the Eurasian Economic Union Treaty ``Protocol on the protection and enforcement of intellectual property rights``

Application No. 26
to the Treaty on the Eurasian Economic Union

PROTOCOL
on the protection and enforcement of intellectual property rights

I. General provisions

1. This Protocol shall be drawn up in accordance with section XXIII of the Eurasian Economic Union Treaty and regulates relations in the sphere of protection and enforcement of intellectual property rights.

2. Under intellectual property refers to works of science, literature and art, programs for computers (computer programs), phonograms, performances, trademarks and service marks, geographical indications, appellations of origin of goods, inventions, utility models, industrial designs, breeding achievements, topographies of integrated circuits, trade secrets (know-how) as well as other objects of intellectual property, which shall be granted legal protection in accordance with international treaties, international treaties and acts forming the Union right, and the laws of the Member States.

II. Copyright and related rights

3. copyright shall extend to scientific, literary and artistic works. The author works belong, inter alia, the following rights:

1) the exclusive right to work;

2) the right of authorship;

3) the right to a name;

4) the right to the inviolability of the work;

5) the right of publication of the work;

6) other rights established by the legislation of the Member States.

4. Member States shall ensure observance of the terms of protection of the exclusive rights of the author of a work the exclusive right to a work of joint authorship the exclusive rights in a work published after the author’s death, which will be not lower than dates established by the Berne Convention for the protection of literary and artistic works of September 9, 1886 year (1971 Edition) Agreement of the World Trade Organization on trade-related aspects of intellectual property rights from April 15, 1994 year. In the legislation of Member States can be secured large periods of protection of those rights.

Programs for computers (computer programs), including source code and object code, shall be protected as literary works under the BerneConvention for the protection of literary and artistic works of September 9, 1886 year (1971 Edition).

Composite works (encyclopedias, compilations and other works), constituting the selection or arrangement of their contents, are protected by the result of the creativity, without prejudice to the rights of the authors of each of the works forming part of a composite work. The author of the composite work owns the copyright on sostavitel′stvo (selection and arrangement of material). When this compound works protected by copyright regardless of whether copyright works on which they are based or which they include.

Derivative works (translations, adaptations, arrangements of music and other alterations of a literary or artistic works) are protected, on an equal footing with the original works, without prejudice to the rights of the author of the original work. The author of the derived work owns the copyright in the translation and other processing carried out by the other (original) works.

5. Member States shall provide rights holders with regard to cinematographic works the right to authorize or prohibit the commercial rental to the public of originals or copies of their copyright works, in the territories of other Member States.

6. Property and personal non-property rights to the results of performance (performance), phonograms and other rights established by the legislation of the Member States, are related to copyright (related rights).

Perpetrator is the natural person whose creative work resulted in created performance-artist-performer (actor, singer, musician, dancer or any other person that plays a role, reads, recites, singing, playing a musical instrument or otherwise participates in the performance of works of literature, art or folk art, including variety, circus or puppet rooms), as well as the Director of the play (a person who has staged theater, circus, puppetry, pop or other theatrical spectacular views) and conductor.

Member States to provide, on a reciprocal basis Member States implementing the following rights:

the exclusive right to execution;

the right to a name, the right to specify its name or alias on the copies of the phonogram and in other instances of use, right of naming the team performers, except where the nature of use excludes the possibility of specifying the name of an artist or band names of performers;

other rights established by the legislation of the Member States.

7. Performers exercise their rights with the rights of authors of performed works. The Executive rights recognized and operate independently of the existence and validity of the copyrights to the executable.

8. Vehicle manufacturer (manufacturer) of a phonogram is the person who has taken the initiative and responsibility for the first record of sounds of a performance or other sounds, or the representations of those sounds. In the absence of proof to the contrary by the manufacturer (manufacturer) of phonograms is a person, the name or the name specified in the usual manner on the instance of the phonogram and/or on the packaging.

Member States provide manufacturers of Phonograms (producers) Member States the following rights:

the exclusive right in a phonogram;

other rights established by the legislation of the Member States.

9. Member States shall ensure observance of the terms of protection of exclusive rights, the exclusive rights on a sound track, which will be not lower than dates established by the Agreementof the World Trade Organization on trade-related aspects of intellectual property rights from April 15, 1994 year and the international Convention for the protection of performers, producers of Phonograms and broadcasting organisations of October 26, 1961 year. In the legislation of Member States can be secured large periods of protection of those rights.

10. collective management Organization is an organization, acting on the basis of the credentials received from authors, performers, producers of Phonograms (manufacturers) and other holders of copyright and related rights, unless otherwise provided by the laws of the Member States, as well as the credentials received from other organizations for collective management of rights in the field of related rights on a collective basis, in order to provide authors and other right holders remuneration for the use of copyright and related rights.

Relations arising in connection with the activities of collective management organizations in order to allow fair use of copyright and related rights are governed by international treaty in the framework of the Union.

III. Trademarks and service marks

11. Trademark and service mark (hereinafter referred to as the trademark) is a denomination protected in accordance with the laws of the Member States and the international treaties to which Member States are parties, and used for differentiating products and (or) services of some parties to civil transactions of goods and/or services from other parties to civil law relations.

As a trademark in accordance with the laws of the Member States can be registered verbal, graphic, three-dimensional and other designations or combinations thereof. A trademark can be registered in any color or color combination.

12. the copyright owner of a trademark has the exclusive right to use the trademark in accordance with the laws of the Member States and an exclusive right to dispose of, as well as the right to prohibit other persons from using a trademark or designation similar thereto to the extent of confusion, in relation to similar goods and/or services.

13. The duration of the initial registration of a trademark is 10 years. This period may be extended for an unlimited number of times on the treatment of the right holder of a trademark each time for a period of not less than 10 years.

The legal protection of a trademark may be terminated prematurely in the territory of a Member State in respect of all the goods and/or services or part of the goods and/or services for the individualization of which the trademark is registered in the territory of that Member State as a consequence of the non-use of the trademark continuously during any 3 years after its registration in the manner prescribed by the legislation of a Member State, except in cases of failure to use a trademark for reasons independent from the copyright owner.

The provision of legal protection of a trademark can be challenged and invalidated in accordance with the procedure and on the grounds prescribed by the laws of a Member State in the territory of which the trademark is registered.

IV. The Eurasian Economic Union trademarks and service marks of the Eurasian Economic Union

14. The Member States shall implement the trademark registration of the Eurasian Economic Union and service mark of the Eurasian Economic Union (hereinafter referred to as the trademark of the Union). Trademark of the Union shall be granted legal protection simultaneously in the territories of all Member States.

As a trademark may be registered Union designation, represented only in a graphical form.

The copyright holder of the trademark of the Union has the exclusive right to use the trademark of the Union in accordance with the laws of the Member States and an exclusive right to dispose of, as well as the right to prohibit other persons from using a trademark or designation similar thereto to the extent of confusion, in relation to similar goods and/or services.

15. Relations arising in connection with the registration, legal protection and use of the trademark of the Union in the territories of the Member States, shall be regulated by an international agreement within the Union.

V. the principle of exhaustion of the exclusive right to a trademark, trademark Union

16. In the territories of the Member States apply the principle of exhaustion of the exclusive right to a trademark, trademark Union that is not an infringement of the exclusive right to a trademark, trademark Union use that trademark, a trademark of the Union in respect of goods which have been legitimately introduced into civil circulation on the territory of any Member State directly to the holder of trademark and/or trademark Union or others with his consent.

Vi. Geographical indications

17. Under the geographical indication refers to a designation that identifies goods as originating in the territory of the Member State, region or locality in that territory, if the quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

18. The geographical direction of legal protection may be granted on the territory of a Member State, if such legal protection provided by the law of that Member State or in international treaties to which it is a party.

VII. An appellation of origin

19. Name of place of origin, which shall be granted legal protection is the designation that constitutes or contains contemporary or historical, formal or informal, full or abbreviated name of the country, urban or rural settlements, locality or other geographical object as well as the symbol derived from this name and became known as a result of its use in relation to goods, special properties which solely or primarily defined by characteristic of the geographical object natural conditions and/or human factors.

The above provisions apply to the designation, which identifies a product as originating in the territory of a specific geography and, although it does not contain the name of this object, became famous as a result of the use of the notation in respect of the goods, the special properties which meet the requirements referred to in the first subparagraph of this paragraph.

20. Not recognized appellation of origin designation, although constituting or containing the name of the geographical object but rooted in universal use as the designation of the goods of a certain kind, not related to the place of its production.

The provision of legal protection of the name of the place of origin of a product may be challenged and invalidated in accordance with the procedure and on the grounds prescribed by the laws of the Member States.

21. with regard to the appellation of origin, the Member States provide for legal measures to enable interested parties to prevent:

1) the use of any means in the designation or presentation of goods, which indicate or cause the Association that the product originates from a geographical area other than the present place of origin, so that it can enter the consumer concerning the place of origin and specific properties of the goods;

2) any use which constitutes an act of unfair competition within the meaning of article 10 bis of the Paris Convention for the protection of industrial property of March 20, 1883 onwards.

VIII. An appellation of origin of the Eurasian Economic Union

22. Member States shall carry out registration of the appellation of origin of the Eurasian Economic Union (hereinafter referred to as the appellation of origin). Name of the place of origin of the Union shall be granted legal protection simultaneously in the territories of all Member States.

23. Relations arising in connection with the registration, legal protection and use of an appellation of origin of the Union in the territories of the Member States, shall be regulated by an international agreement within the Union.

IX. Patent Rights

24. the right to the invention, utility model and industrial design is protected in the manner prescribed by the legislation of the Member States, and confirmed by a patent, which certifies the priority and authorship the exclusive right to the invention, utility model and industrial design.

25. The author of the invention, utility model or industrial design shall belong to the following rights:

1) the exclusive right to the invention, utility model or industrial design;

2) the right of authorship.

26. In cases stipulated by the legislation of the Member States, the author of an invention, utility model or industrial design shall belong to other rights, including the right to obtain a patent, the right to remuneration for the use of the Service invention, utility model or industrial design.

27. the period of validity of the exclusive right to the invention, utility model or industrial design is:

1) not less than 20 years for inventions;

2) not less than 5 years for utility models;

3) not less than 5 years for industrial designs.

28. patent on an invention, utility model or industrial design gives the patent holder the exclusive right to use the invention, utility model or industrial design any not inconsistent with the laws of the Member States, and also the right to prohibit the use of specified objects to others.

29. Member States may provide for a limitation of the rights conferred by a patent, provided that such exceptions do not cause undue damage to the customary use of inventions, utility models or industrial designs and do not unreasonably prejudice the legitimate interests of the patent owner, taking into account the legitimate interests of third parties.

X. selection achievements

30. protection of rights to plant varieties and animal breeds (breeding achievements) are carried out in the cases and pursuant to the procedure established by the legislation of the Member States.

31. The author of a selection achievement belong to the following rights:

1) the exclusive right in a selection achievement;

2) the right of authorship.

32. In cases stipulated by the legislation of the Member States, the author of a selection achievement belong to other rights, including the right to obtain a patent, the right to name a selection achievement, the right to remuneration for the use of the official selection achievement.

33. the period of validity of the exclusive right in a selection achievement shall be not less than 25 years for plant varieties, animal breeds.

XI. Topographies of integrated circuits

34. integrated circuit Topology is inscribed on a tangible medium spatial and geometric arrangement of the elements in an integrated circuit and the relationships between them.

35. Intellectual property rights on the topology of an integrated circuit shall be protected in accordance with the laws of the Member States.

36. The author of the topology of integrated circuit belong to the following rights:

1) the exclusive right to the topology of the integrated circuit;

2) the right of authorship.

37. In cases stipulated by the legislation of the Member States, the author of the topology of integrated circuit belong to other rights, including the right to remuneration for the use of the service topology.

38. the period of validity of the exclusive right to integrated circuit topology is 10 years.

XII. Production secrets (know-how)

39. Secret production (know-how) recognizes information of any nature (industrial, technical, economic, institutional and others), including information about the results of intellectual activity in scientific and technical fields, as well as information on how the exercise of professions that have actual or potential commercial value by virtue of obscurity to third parties to which third parties have no free access to lawfully and in respect of which the holder of such information introduces commercial secrets.

40. the legal protection of secret production (know-how) and in accordance with the laws of the Member States.

XIII. Enforcement measures for the protection of intellectual property rights

41. the coordination of action by Member States on the protection of intellectual property rights within the Union is carried out in accordance with an international agreement within the Union.

The CUSTOMS CODE of the CUSTOMS UNION (chapter 46. ``Peculiarities of customs operations in respect of goods containing items of intellectual property``)

Annex

to the Treaty on the customs code

the Customs Union adopted Decision

The Interstate Council Of The Eurasian

Economic Community

from November 27, 2009 N 17

THE CUSTOMS CODE OF THE CUSTOMS UNION

(excerpts)

Chapter 46. Peculiarities of customs operations in respect of goods containing items of intellectual property

Article 328. Measures for the protection of intellectual property rights, taken by Customs authorities

1. The Customs authorities, within the limits of their competence, take measures for the protection of the rights of the rightholders of the intellectual property in the manner prescribed by this chapter.

2. Measures for the protection of intellectual property rights are not enforced by the Customs authorities in respect of goods conveyed across the customs border:

1) by individuals for personal use, including those sent to them by international mail;

2) in accordance with the customs procedure, Customs transit.

3) diplomatic missions, consular posts, and other official representative offices of foreign States, international organizations, staff of those missions, agencies and organizations for official and personal use.

3. Measures for the protection of intellectual property rights, taken by the Customs authorities shall not affect the copyright holder to resort to any means of defending their rights in accordance with the laws of the Member States of the Customs Union.

4. the Customs authorities shall take measures for the protection of intellectual property rights, the Customs register of data by the Customs authorities in the Member State of the Customs Union and intellectual property included in the unified customs registry of intellectual property offices of Member States of the Customs Union and in accordance with the laws of the Member States of the Customs Union also in respect of intellectual property not included in such customs.

Article 329. The term of protection of intellectual property rights by the Customs authorities

The term of protection of the rights of the owner of intellectual property is set when you enable intellectual property to the Customs registers maintained by the Customs authorities in the Member States of the Customs Union and unified customs registry of intellectual property offices of Member States of the Customs Union in the light of the expiration of the period specified in the statement of the holder, but not more than 2 (two) years from the date of inclusion in the registers.

This period may be extended on the basis of the application of the right holder an unlimited number of times, but each time for no more than 2 (two) years, subject to the conditions provided for in this chapter.

The term of protection of the rights of intellectual property of the copyright holder may not exceed the term of rights of the owner of the relevant intellectual property.

Article 330. Customs intellectual property registries

1. On the basis of statements of rights holders of intellectual property rights by the Customs authorities are included in the Customs register of intellectual property, which is maintained at a customs body of a Member State of the Customs Union in the manner and under the conditions established by the legislation of the Member States of the Customs Union.

2. the customs authority shall include in the Customs register of intellectual property, which is maintained at a customs body of a Member State of the Customs Union, intellectual property rights, which are protected in the territory of a Member State of the Customs Union, in accordance with the law of that State.

3. the conditions for the inclusion of intellectual property in the Customs register of objects of intellectual property offices of Member States of the Customs Union and its reference are defined by an international treaty to which the Member States of the Customs Union.

Article 331. The suspension of the release of goods containing items of intellectual property

1. While committing customs transactions related to placement under customs procedures goods containing items of intellectual property included in the Customs register kept by the Customs authorities of the Member State of the Customs Union, or unified customs registry of intellectual property offices of Member States of the Customs Union, the customs body found signs of violations of intellectual property rights, the release of such goods shall be suspended for a period of 10 (ten) working days.

On request of the rightholder or person representing its interests, this period may be extended by the customs body, but no more than 10 (ten) working days, if these persons have applied to the authorities for the protection of the rights of the owner in accordance with the laws of the Member States of the Customs Union.

The decision to suspend the release of goods and on the extension of the suspension of the release of goods shall be accepted in writing by the head of the customs body or person authorized by him.

2. the customs authority shall not later than 1 (one) business day following the day the decision to suspend the release of goods containing items of intellectual property, shall inform the declarant and the right holder or persons representing their interests, for suspension has been given, the reasons for and the timing of the suspension, and also informs the declarant name (surname, name, patronymic name) and location (address) of the copyright owner and/or the person representing his interests, and the right holder or person representing his interests-name (surname, name, patronymic name) and location (address) of the declarant.

3. Upon the expiration of the suspension of the release of goods containing items of intellectual property, the release of such goods and resumes order stipulated by this code, except in cases where a customs body documents confirming the forfeiture of the goods, the imposition of arrest or confiscation or other documents in accordance with the laws of the Member States of the Customs Union.

4. The Customs authorities shall have the right to suspend the release of goods containing items of intellectual property, are not included in the Customs register of intellectual property, which is maintained by the Customs authorities of the Member State of the Customs Union and unified customs registry of intellectual property offices of Member States of the Customs Union, without the rightholder in the manner prescribed by the legislation of the Member States of the Customs Union.

5. the copyright owner in accordance with the civil legislation of the Member States of the Customs Union is liable for property damage (damage) caused by the declarant, owner, recipient of goods containing items of intellectual property, as a result of the suspension of release of goods in accordance with this chapter, if not violation of rights of the copyright holder.

Article 332. Cancellation of the decision to suspend the release of goods containing items of intellectual property

1. The decision to suspend the release of goods be cancelled prior to the expiration of the suspension of the release of goods if:

1) the customs body had before it a statement of the right holder or person representing its interests, for the annulment of such a decision;

2) intellectual property excluded from the Customs register of objects of intellectual property, which is maintained by the Customs authorities of the Member State of the Customs Union and unified customs registry of intellectual property offices of Member States of the Customs Union;

3) other cases identified by the legislation of the Member States of the Customs Union.

2. Cancellation of the decision to suspend the release of goods shall be made in writing by the head of the customs body or person authorized by him.

3. Following the lifting of the suspension of release of goods release such goods resumes and produced in accordance with this code, unless otherwise provided by the legislation of the Member States of the Customs Union.

Article 333. Provision of information, taking samples and specimens of goods

1. the customs authority is the declarant, the right holder or person representing his interests, information about goods in respect of which the decision to suspend release.

2. information received by the declarant, the holder or the person representing his interests, in accordance with this article shall be confidential and shall not be disclosed by them, will be shared with third parties, as well as public authorities, except for the cases stipulated by the legislation of the Member States of the Customs Union.

3. With the written authorization of the customs authority the rights holder, the declarant, or their representatives, have the right under the customs control of selected samples and specimens of goods for which the decision to suspend their issuance, conduct their research, as well as viewing, photographing or otherwise commit such goods.

AGREEMENT on unified customs registry of intellectual property offices of Member States of the Customs Union

AGREEMENT
on unified customs registry
intellectual property objects
Member States of the Customs Union

Governments of Member States of the Customs Union within the Eurasian Economic Community, hereinafter referred to as the parties,

in order to implement the Treaty on the customs code of the Customs Union from November 27, 2009 year

in order to ensure customs regulation on the single customs territory of the Customs Union,

have agreed as follows:

Article 1

This agreement establishes procedures:

reference of unified customs registry of intellectual property offices of Member States of the Customs Union (hereinafter referred to as the unified register),

the inclusion of objects of copyright and neighbouring rights, trademarks and service marks (hereinafter referred to as intellectual property rights) in the unified register,

cooperation between the Customs authorities of the Member States of the Customs Union between themselves, as well as with rights holders or persons representing their interests (hereinafter referred to as the copyright holder), government agencies and other organizations, institutions and citizens on issues related to the conduct of a single registry.

Article 2

Central Customs authorities for the purposes of this agreement are: from the Republic of Belarus is the State Customs Committee, the Republic of Kazakhstan-Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan, by the Russian Federation, the Federal Customs Service.

Article 3

1. In the unified register based on the application of the right holder are included objects of intellectual property, subject to legal protection in each Member State of the Customs Union.

2. Copyright holder has reasonable grounds to believe that there may be a violation of his rights in accordance with the laws of the Member States of the Customs Union and (or) Customs Union legislation in the field of intellectual property in relation to the movement of goods across the customs border of the Customs Union or in the Commission of other acts with goods under customs supervision, are entitled to apply for the inclusion of intellectual property into a single registry.

3. Application is made in writing to the Central Customs authority of a Member State of the Customs Union. Given the technical availability of the application may be filed in electronic form.

The application is submitted on behalf of a single copyright holder (multiple) against one type of intellectual property. Indication of the simultaneously in one application information on the different types of intellectual property objects, even if these intellectual property rights belong to the copyright holder (same rights holders) are not allowed.

The person representing the interests of the various copyright holders for various intellectual property objects of one kind ought to issue a separate statement on the various objects of intellectual property belonging to different owners.

4. Statement on behalf of the copyright owner that does not have permanent representation in the territory of the Customs Union, may be filed through the persons having permanent location (registered) on the territory of a Member State of the Customs Union.

Article 4

1. The application must contain information on:

on the manufacturer or, if the application is submitted to their representative, also of the representative;

on object of intellectual property;

on products, which move through the Customs Union or other actions with such goods under customs control, entail, according to the owner of the infringement of his rights protected in accordance with the laws of the Member States of the Customs Union, in sufficient detail to permit their identification by Customs authorities (description of the appearance of products (packaging, labels, etc.);

on authorized copyright holder importers, exporters;

about the codes of goods not less than the level of the first four symbols in accordance with the single commodity nomenclature of foreign economic activity;

on the alleged smuggling of goods which move through the Customs Union or other actions with such goods under customs control, entail, according to the owner of the infringement of his rights protected in accordance with the laws of the Member States of the Customs Union, importers (exporters) of such goods if there is such information;

on the term of protection of the rights of intellectual property of the copyright holder.

The information may be furnished in the form of copies of documents confirming this information. When submitting copies of documents may be required by the original documents returned after copies of checks.

2. selected information relevant to intellectual property objects and descriptive nature or constituting a list or set of any data can be optionally transferred in electronic form on physical media or by e-mail.

3. Shall be enclosed with the documents confirming the right to intellectual property in each of the Member States of the Customs Union (certificates, agreements (including license) on the transfer of rights, other documents which the rightholder may submit in support of intellectual property rights in each of the Member States of the Customs Union in accordance with their legislation), as well as documents confirming the information, to be specified in the statement.

The rightholder may attach a statement of the product samples that can serve as a confirmation of the existing one, in his view, a violation of his rights.

4. If the application is filed by a person representing the interests of the right holder, the statement also attached power of Attorney issued by the legal owner of such person. The power of Attorney must operate throughout the territory of the Customs Union.

If in the territories of the Member States of the Customs Union the right to the same object of intellectual property belong to different rights holders, the statement shall be accompanied by a power of Attorney from each of the respective owners.

5. Application and the attached documents are available in Russian or another language. In the case of the provision of documents in a different language, the statement attached to their translation into Russian language.

6. At the same time a statement is submitted in writing to the copyright owner of compensation for damage to property which may be caused to the declarant, owner, the recipient of the goods or to other persons in connection with the suspension of the release of goods.

If in the territories of the Member States of the Customs Union the right to the same object of intellectual property belong to different persons, the statement shall be accompanied by an obligation of each of the rights holders.

7. the copyright owner (his representative) shall immediately report the information specified in the statement or in the annexed documents.

8. If the statement does not contain the documents and data provided for by this agreement, the Customs authorities may ask the copyright owner (his representative) the documents and information necessary for a decision.

In the event of non-submission of such documents and information within a month the Central Customs authorities of the Member States of the Customs Union shall have the right to refuse consideration of an application.

Article 5

1. Consideration of the application and decision-making:

the inclusion of intellectual property in the unified register;

to refuse the inclusion of intellectual property in the unified register;

on introducing changes and additions into the unified register;

for extension inclusion in the unified register;

on the exclusion of intellectual property objects from a single registry

is carried out in accordance with the rules of interaction of customs bodies of the Member States of the Customs Union on keeping a unified customs registry of intellectual property (hereinafter the regulation).

The regulations shall be approved by the decision of the Commission of the Customs Union.

2. the Commission of the Customs Union defines the body authorized to conduct a single registry.

Article 6

1. the copyright owner in order to guarantee the fulfillment of the obligations under paragraph 6 of article 4 of this agreement, shall within one month from the date of notification of the decision on the inclusion of intellectual property in the unified register, to submit the Treaty (treaties) of liability insurance for infliction of harm to persons in connection with the suspension of the release of goods, has (have) legally binding in all Member States of the Customs Union.

When the insured amount should be not less than 10 (ten) thousand euros.

2. If a duly authenticated power of attorney to represent the interests of the right holder in the Customs authorities or another document, delegate such powers, undertaking and agreement (contracts) liability insurance for infliction of harm can be decorated and presented by the representative of the copyright owner.

3. In the absence of agreement (contracts) liability insurance for infliction of harm to the decision to refuse inclusion in the unified register, as the applicant shall be notified in writing within five working days from the date of adoption of this decision.

4. The inclusion of intellectual property in the unified register free of charge.

5. the list of objects of intellectual property made in the unified register, published in official publications and on the official websites of the Customs Union and customs authorities of Member States of the Customs Union.

Article 7

The term of protection of the rights of intellectual property of the copyright holder, which is installed with the inclusion in the unified register, may not exceed the term of legal protection of intellectual property in the Member State of the Customs Union, in which the term expires earlier.

Article 8

1. Disputes between the parties relating to the interpretation and/or application of the provisions of this Agreement shall be settled in the first place, through negotiations and consultations.

2. If the dispute is not resolved by the parties to the dispute through negotiations and consultations within six months from the date of the formal written request, directed one of the parties to the dispute to the other party to the dispute, that, in the absence of a different agreement between the parties to the dispute as regards the way his permission, any of the parties to the dispute may refer the dispute to the Court of the Eurasian Economic Community.

3. Customs Union Commission assists the parties in resolving the dispute before it is submitted for consideration in the Court of the Eurasian Economic Community.

Article 9

This agreement may be amended, separate protocols that shall be enclosed, which are integral parts of this agreement.

Article 10

This agreement is subject to ratification and shall be provisionally applied from the date of entry into force of the Treaty on the customs code of the Customs Union from November 27, 2009 year.

This agreement shall enter into force on the date of receipt by the depositary of the last written notification through diplomatic channels on the implementation by States Parties of the internal State procedures required for the entry into force of this agreement.

Done at the city of St. Petersburg May 21, 2010 year in one authentic copy in the Russian language.

The original copy of this agreement is stored in the Commission of the Customs Union, which shall send a certified copy thereof to each party.