of December 29, 2022 No. 615-FZ
About modification of the Federal Law "About Enforcement of Part Four of the Civil Code of the Russian Federation"
Accepted by the State Duma on December 20, 2022
Approved by the Federation Council on December 23, 2022
Bring in the Federal Law of December 18, 2006 No. 231-FZ "About enforcement of part four of the Civil code of the Russian Federation" (The Russian Federation Code, 2006, No. 52, of the Art. 5497) change, having added with its Article 13.2 of the following content:
"Article 13.2
In the territory of the Russian Federation action of exclusive rights on inventions, useful models, industrial designs, and also on trademarks and service marks (further - trademarks), geographical instructions and names of the places of goods origin certified by the official documents of the Donetsk People's Republic, official documents of the Luhansk People's Republic, official documents of Ukraine existing as of day of acceptance to the Russian Federation of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region and education as a part of the Russian Federation of the new subjects, on condition of state registration corresponding inventions, useful model, industrial design, the trademark, geographical specifying is recognized names of the place of goods origin and exclusive right on such geographical instruction or the name for the statement of the owner submitted to federal executive body on intellectual property - the physical person who is the citizen of the Russian Federation based on respectively article 5 of the Federal constitutional Law of October 4, 2022 No. 5-FKZ "About acceptance to the Russian Federation of the Donetsk People's Republic and education as a part of the Russian Federation of the new subject - the Donetsk People's Republic", article 5 of the Federal constitutional Law of October 4, 2022 No. 6-FKZ "About acceptance to the Russian Federation of the Luhansk People's Republic and education as a part of the Russian Federation the new subject - the Luhansk People's Republic", article 5 of the Federal constitutional Law of October 4, 2022 No. 7-FKZ "About acceptance to the Russian Federation of the Zaporizhia region and education as a part of the Russian Federation the new subject - the Zaporizhia region", article 5 of the Federal constitutional Law of October 4, 2022 No. 8-FKZ "About acceptance to the Russian Federation of the Kherson region and education as a part of the Russian Federation the new subject - the Kherson region", or the legal entity, data on whom were entered in the Unified State Register of Legal Entities according to Item 1 or 3 of article 19.1 of the Federal Law of November 30, 1994 No. 52-FZ "About enforcement of part one of the Civil code of the Russian Federation", or the legal entity who submitted the application according to the procedure, stipulated in Item 3 articles 19.1 of the specified Federal Law.
The person specified in part one of this Article and which submitted to authorized body of the government of the Donetsk People's Republic, authorized body of the government of the Luhansk People's Republic, authorized body of the government of Ukraine the request for registration of the invention, useful model, industrial design, the trademark, geographical specifying or the name of the place of goods origin according to which on the date of acceptance to the Russian Federation of the Donetsk People's Republic, the Luhansk People's Republic, of new subjects the security document of the Donetsk People's Republic, the security document of the Luhansk People's Republic, the security document of Ukraine is not issued to the Zaporizhia region, the Kherson region and education as a part of the Russian Federation has the right to submit to federal executive body on intellectual property the request in accordance with the legislation of the Russian Federation for state registration of identical result of intellectual activities or identical means of individualization.
According to the application submitted to federal executive body on intellectual property according to part two of this Article, date of giving is established by date of submission of the corresponding request in authorized body of the government of the Donetsk People's Republic, authorized body of the government of the Luhansk People's Republic, authorized body of the government of Ukraine.
The statement and request specified in parts one and the second this Article can be submitted to federal executive body on intellectual property till December 31, 2025 inclusive.
According to the statement of person specified in part one of this Article, the federal executive body on intellectual property introduces the invention, useful model, industrial design, the trademark, geographical specifying, the name of the place of goods origin and data on provision of exclusive right on such geographical specifying or the name respectively in the State register of inventions of the Russian Federation, the State register of useful models of the Russian Federation, the State register of industrial designs of the Russian Federation, the State register of trademarks and service marks of the Russian Federation, the State register of geographical instructions and names of places of goods origin of the Russian Federation and issues to person who submitted the application, the patent of the Russian Federation for the invention, useful model or industrial design or the certificate for the trademark the certificate on exclusive right on geographical specifying or the certificate on exclusive right on the name of the place of goods origin.
Effective period of the exclusive rights on the invention, useful model, industrial design, the trademark, geographical specifying, the name of the place of goods origin provided according to the procedure, provided by this Article, is determined according to the Civil code of the Russian Federation and estimated from the date of submission of the corresponding request in authorized body of the government of the Donetsk People's Republic, authorized body of the government of the Luhansk People's Republic, authorized body of the government of Ukraine.
Other terms which calculation according to the Civil code of the Russian Federation is performed from the date of application according to the applications submitted according to part two of this Article are estimated from the date of receipt in federal executive body on intellectual property concerning the corresponding request of the last document necessary according to the Civil code of the Russian Federation for establishment of date of application.
The legally significant actions specified in part five of this Article are performed by federal executive body on intellectual property without conducting check of compliance of the invention, useful model, industrial design, the trademark, geographical specifying, the name of the place of goods origin to the conditions of patentability of the invention, useful model, industrial design and requirements to the trademark, geographical specifying, the name of the place of goods origin established by the legislation of the Russian Federation, and also without collection of patent and other fees.
The application form and the list of the documents which are the basis for implementation of the legally significant actions specified in part five of this Article, the rule of their creation, giving and consideration are established by federal executive body on intellectual property.
The patent of the Russian Federation for the invention, useful model or the industrial design issued according to the procedure, provided by this Article, can be nullified fully or partially on the bases and according to the procedure which are established by Articles 1248 and 1398 of the Civil code of the Russian Federation.
Provision of legal protection to the trademark according to the procedure, provided by this Article, can be disputed and nullified on the bases and according to the procedure which are established by Articles 1248, 1512 and 1513 Civil codes of the Russian Federation if other is not provided by part twelve of this Article.
Provision of legal protection to the trademark according to the procedure, provided by this Article, cannot be disputed and nullified because of its discrepancy to Item 6 of Article 1483 of the Civil code of the Russian Federation.
Provision of legal protection to geographical specifying, the name of the place of goods origin and exclusive right on such geographical specifying or the name according to the procedure, provided by this Article, can be disputed and nullified on the bases and according to the procedure which are established by Articles 1248 and 1535 of the Civil code of the Russian Federation.
In the cases provided by parts ten - the thirteenth this Article, conditions of patentability of the invention, useful model, industrial design and the requirement to the trademark, geographical specifying, the name of the place of goods origin and the owner of the certificate on exclusive right on such the geographical specifying or the name established by the legislation of the Russian Federation existing on the date of acceptance to the Russian Federation of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region and education as a part of the Russian Federation of new subjects are applied.
Provision of legal protection to the trademark according to the procedure, provided by this Article, is not the basis for refusal in provision of legal protection to the trademark according to the application submitted about day of acceptance to the Russian Federation of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region and education as a part of the Russian Federation of new subjects, contest and recognition invalid provisions of legal protection to the trademark registered according to such request.
Recognition of action of exclusive rights on the invention, useful model, industrial design, the trademark, geographical specifying, the name of the place of goods origin can be disputed judicially if it is made with violation of provisions of parts one and the fourth this Article.
Provision of exclusive right according to the request which submission is provided by part two of this Article can be disputed judicially if it is made with violation of provisions of parts two - the fourth this Article.
Provisions of Article 1361 of the Civil code of the Russian Federation are applied to person who about day of acceptance to the Russian Federation of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, the Kherson region and education as a part of the Russian Federation of new subjects honesty used in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region, Kherson region the decision identical to the invention, useful model or industrial design certified by patents of the Russian Federation or honesty used in the territory of the Russian Federation the decision identical to the invention, useful model or industrial design, action of exclusive right on which is recognized according to this Article, or made necessary preparations to it regardless of whether such use began, whether such preparations to or after priority date of the corresponding inventions, useful model or industrial design are made.
The disputes connected with protection of the violated or disputed intellectual rights which regulation is performed based on this Article are considered and permitted by agreement of the parties dispute, including over the procedure of mediation, or court.
The disputes connected with protection of the violated or disputed intellectual rights to trademarks, geographical instructions or names of places of goods origin which regulation is performed based on this Article can be resolved by court also by imposing of the obligation on the parties of dispute to use the trademark, geographical specifying or the name of the place of goods origin so that such use excluded capability of the trademark, geographical specifying or the name of the place of goods origin to mislead the consumer concerning goods, his manufacturer or production site.".
This Federal Law becomes effective after hundred eighty days after day of its official publication.
President of the Russian Federation
V. Putin
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.