ORDER OF THE FEDERAL CUSTOMS SERVICE

of June 8, 2007 N714

About approval of Administrative regulations of the Federal Customs Service on execution of the state function on consideration of the applications about acceptance by customs authorities of the measures connected with suspension of release of goods and to maintaining the customs register of intellectual property items

For the purpose of implementation of the Concept of administrative reform in the Russian Federation in 2006-2008 and the actions plan on carrying out administrative reform in the Russian Federation in 2006-2008 approved by the order of the Government of the Russian Federation of October 25, 2005 N1789-r (The Russian Federation Code, 2005, N 46, the Art. 4720), according to Article 395 of the Customs code of the Russian Federation (The Russian Federation Code, 2003, N 22, Art. 2066; N 52, (part 1), Art. 5038; 2004, N 27, Art. 2711; N 34, of Art. 3533; N46 (part 1), Art. 4494; 2005, N30 (part 1), Art. 3101; 2006, N 1, Art. 15; Art. N 3, 280, N 8, Art. 854, N52 (p. II), Art. 5504; 2007, N1 (p. I), the Art. 29), Item 5.2.4 of the Regulations on the Federal Customs Service approved by the order of the Government of the Russian Federation of July 26, 2006 N459 (The Russian Federation Code, 2006, N 32, the Art. 3569), Item 7 of the Procedure for development and approval of administrative regulations of execution of the state functions and administrative regulations of the provision of the state services approved by the order of the Government of the Russian Federation of November 11, 2005 N679 (The Russian Federation Code, 2005, N 47, to the Art. 4933), I order:

1. Approve the enclosed Administrative regulations of the Federal Customs Service on execution of the state function on consideration of the applications about acceptance by customs authorities of the measures connected with suspension of release of goods and to maintaining the customs register of intellectual property items.

2. Recognize voided Items 9-52 of the Regulations on protection of intellectual property rights by customs authorities approved by the order of the State Customs Committee of Russia of October 27, 2003 N1199 (it is registered by the Ministry of Justice of the Russian Federation 18.12. 2003, рег. N 5341).

I reserve control of execution of this order.

This order becomes effective after 90 days from the date of its official publication.

Appendix

to the order of the Federal Customs Service of June 8, 2007 No. 714

Administrative regulations of the Federal Customs Service on execution of the state function on consideration of the applications about acceptance by customs authorities of the measures connected with suspension of release of goods and for maintaining the customs register of intellectual property items

I. General provisions

1. The administrative regulations of the Federal Customs Service on execution of the state function on consideration of the applications about acceptance by customs authorities of the measures connected with suspension of release of goods and for maintaining the customs register of intellectual property items (further - Administrative regulations) determine terms and the sequence of actions (ministerial procedures) of the Federal Customs Service (further - FCS of Russia), and also order of interaction of FCS of Russia, its structural divisions, regional customs authorities (further - the MOUTH), customs in case of execution of the state function by maintaining the customs register of intellectual property items.

2. Maintaining the customs register of intellectual property items (further - the Register) - the ministerial procedure connected with entering of intellectual property items into the Register based on statements of owners (their representatives), entering into the Register of changes and amendments, exception of intellectual property items of the Register, publication of the list of the intellectual property items entered in the Register.

3. Execution of the state function on maintaining the Register is performed according to the Customs code of the Russian Federation * (1) (further - the Code), the order of the Government of the Russian Federation of July 26, 2006 N459 "About the Federal Customs Service" * (2), the order of the Government of the Russian Federation of November 11, 2005 N679 "About Procedure for Development and Approval of Administrative Regulations of Execution of the State Functions and Administrative Regulations of Provision of the State Services" * (3), the order of FCS of Russia of 12.01.2005 N7 "About Approval of the General Provision about Regional Customs Authority and the General Provision about Customs" * (4) (it is registered by the Ministry of Justice of the Russian Federation 28.03.2005, рег. N 6442), the order of FCS of Russia of 02.12.2005 N1130 "About Regulations of the Federal Customs Service" * (5) (it is registered by the Ministry of Justice of the Russian Federation 02.02. 2006, рег. N 7438), Regulations on protection of intellectual property rights by customs authorities approved by the order of the State Customs Committee of Russia of 27.10.2003 of N1199 (it is registered by the Ministry of Justice of the Russian Federation 18.12. 2003, рег. N 5341) * (6) (further - the Provision), Administrative regulations of the Federal Customs Service on provision of the state service in informing on legal acts in the field of customs affairs and to the consultation on the questions of customs affairs and other questions entering competence of customs authorities, approved by the order of FCS of Russia of 24.05.2006 of N469 (it is registered by the Ministry of Justice of the Russian Federation 13.09. 2006, рег. N 8233).

4. Maintaining the Register is performed by FCS of Russia.

When maintaining the Register of FCS of Russia is guided by the principles of protection by the state of intellectual property rights, the rights and legitimate interests of the Russian producers and consumers, efficiency, publicity, fairness for all owners, inadmissibility of damnification to the third parties, non-admissions of unreasonable increase in terms and unjustifiable delays of execution of the state function.

On behalf of FCS of Russia the Register conducts Head department of FCS of Russia (further - Head department) to which main functions the organization of protection of intellectual property rights by customs authorities and maintaining the Register are carried.

5. FCS of Russia provides:

- reception of applications of owners (their representatives) about acceptance by customs authorities of the measures connected with suspension of release of goods and entering of intellectual property items into the Register;

- consideration of the applications of owners (their representatives), implementation of verification of the declared data and the submitted documents;

- decision making about acceptance by customs authorities of the measures connected with suspension of release of goods or about refusal in acceptance of such measures;

- introduction at the scheduled time into the Register of intellectual property items on which the decision on acceptance by customs authorities of the measures connected with suspension of release of goods is made;

- assignment to the intellectual property item entered in the Register, registration number according to established procedure of its forming;

- entering into the Register of changes and amendments;

- carrying out in the established cases of the checking actions preceding entering into the Register of changes and amendments;

- exception in accordance with the established procedure intellectual property items from the Register;

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