ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 23, 2017 No. 1151

About modification of the Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement

The government of the Russian Federation decides:

1. Approve the enclosed changes which are made to Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement approved by the order of the Government of the Russian Federation of December 10, 2008 No. 941 "About approval of the Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention useful model, industrial design, with state registration of the trademark and service mark, with state registration and provision of exclusive right on the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement" (The Russian Federation Code, 2008, No. 51, Art. 6170; 2011, No. 39, Art. 5487; 2013, No. 47, Art. 6106; 2016, No. 13, Art. 1844).

2. Declare invalid Item of 3 changes which are made to Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on the name of the place of goods origin, and also with state registration of transition of exclusive rights to other persons and the agreements on the order these rights approved by the order of the Government of the Russian Federation of September 15, 2011 No. 781 "About modification of the Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark with state registration and provision of exclusive right on the name of the place of goods origin, and also with state registration of transition of exclusive rights to other persons and agreements on the order these rights" (The Russian Federation Code, 2011, No. 39, the Art. 5487).

Approved by the Order of the Government of the Russian Federation of September 23, 2017 No. 1151

Changes which are made to Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement

1. In Item 1 of the word "to appendix (further - duties)" shall be replaced with words "to appendix No. 1 (further respectively - duties, legally significant actions)".

2. In Item 3:

a) in paragraph one of the word "into the accounts opened for territorial authorities" shall be replaced with words "into the account opened by territorial authority";

b) declare paragraph two invalid.

3. State Item 5 in the following edition:

"5. The document confirming payment or surcharge of duty is the order about implementation of money transfer on the settlement account opened according to Item 3 this provision (further - the payment document). The payment document shall belong to one legally significant action for which the duty is paid.

In the payment document sequence number of legally significant action according to appendix No. 1 to this Provision, the information about the payer (surname, name, middle name (in the presence) of physical person or the name of the legal entity) and the payer's identifiers, registration requisition number, the patent, the certificate is specified. If registration number is not assigned to the request yet, in the payment document the name of the invention, useful model, industrial design, the name of the place of goods origin or the short description of the trademark, service mark respectively, name or the name of the applicant are specified.

The payment document or its copy at the initiative of person who addressed for making of legally significant action, can be attached respectively to documents or materials of the request, the petition, the statement, objection or the message on payment.".

4. Add with Item 5 (1) the following content:

"5(1). The duties provided by subitems 1. 24, 2.16 - 2.18, 3.6.1, 3.15. 1, 3.18 appendices No. 1 to this Provision, are not levied if change of information about the applicant (owner) is caused by requirements of legal acts of the Russian Federation, subjects of the Russian Federation.".

5. State Item 6 in the following edition:

"6. The duty paid according to this Provision is not subject to return, except as specified:

payments of duty in the amount of, exceeding the size established by this Provision;

refusal of the applicant of making of legally significant action to the request for its making in authorized body;

payments of duty on legally significant action which was not made.

In case of adoption by authorized body of the decision on cessation of production on objection (statement) 50 percent of the amount of the paid duties provided by subitems 1.28 are subject to return. 3, 2.28. 4, 2.28. 5, 2.28. 8, 2.28. 9, 2.30 - 2.32 appendices No. 1 to this Provision.

In case of the direction authorized body of the non-availability notice of the bases for carrying out information search in the request for the invention, useful model, industrial design 50 percent of the amount of the paid duties provided by subitems 1 are subject to return. 8, 1.9.1, 1.9.2, 1.10, 1.11 appendices No. 1 to this Provision.

According to the petition of the payer of means, arrived on account of duty, or excessively paid amount return or set off on account of other duties provided by this Provision which payment is admissible for date of submission of the petition.

Return is performed within a month from the date of receipt of the petition.

The petition for return or offsetting of the means which arrived on account of duty (excessively paid amount of duty) can be submitted within 3 years from the date of payment of the corresponding duty.

The petition moves the payer in body, authorized to make legally significant actions for which the duty is paid.

To the petition for return or offsetting of the means which arrived on account of duty (excessively paid amount), the payment document or its copy can be on own initiative enclosed by the payer.".

6. Item 6 (to declare 1) invalid.

7. State Item 7 in the following edition:

"7. Compliance of the size of the paid duty to the established size is determined on receipt date of documents or materials of the request, petition, statement, objection.

For the duties provided by subitems 1. 18, 1.19, 1.21, 2.11 - 2.14 of appendix No. 1 to this Provision, compliance to the established size is determined for date of their payment.

In case of receipt of the petition for offsetting of the means which arrived on account of duty (excessively paid amount) on account of other duties provided by this Provision compliance to the established size of duty is determined on receipt date of the petition for offsetting of means.

The size of the duties provided by subitems 1.1 - 1.20, 1.22 - 1.27, 1.29, 2.1 - 2.27, 3.1 - 3.19 of appendix No. 1 to this Provision, decreases by 30 percent in case of the appeal to authorized body behind implementation of legally significant actions electronically.".

8. In Item 7 (1) the word "appendices" shall be replaced with words "appendices No. 1".

9. Items 8 - 18 to state in the following edition:

"8. Payment of duties is made within 2 months from the date of the direction (exposure) by authorized body of the notifying document on charge of the corresponding duty (further - the notifying document).

Duties which payment due date is established by Items 9 - the 11th this provision are subject to payment based on the notifying document before the expiration of fixed term of payment.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info