Accepted at the thirty fourth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS the resolution No. 34-6 of April 7, 2010

The model Code of intellectual property for the State Parties of the CIS

Chapter 1. General provisions about intellectual property

Article 1. Tasks of the model Code of intellectual property

1. The model Code of intellectual property is aimed at providing uniform regulation of the property and related personal non-property relations arising in connection with creation and use of intellectual property items, the order intellectual property rights and also with protection and protection of the rights to such objects.

2. The model Code is directed to harmonization of the national legal system in the field of intellectual property of gosudarstvuchastnik of the Commonwealth of Independent States.

3. For the solution of these tasks the model Code establishes the bases and the principles of acquisition of rights of intellectual property and the order them, protection and protection of interests of owners of intellectual property rights and owners of intellectual property items.

Article 2. Legislation of the State Parties of the Commonwealth of Independent States on intellectual property

The legislation of the State Parties of the Commonwealth of Independent States on intellectual property consists of of this Code, the model laws, constitutions, national codes, the laws and other regulatory legal acts directed to protection of personal non-property and property rights of persons of law of intellectual property.

Article 3. International agreements

1. The conventional principles and rules of international law, the international agreements in the field of creation and use of intellectual property items, the order intellectual property rights, and also protection and protection of such rights are component of system of law of the State Parties of the Commonwealth of Independent States.

2. The international agreements of the State Parties of the Commonwealth of Independent States are applied to the relations in the field of creation and use of intellectual property items, the order by intellectual property rights, and also protection and protection of such rights directly, except as specified, when application of the international treaty requires adoption of the national legal act.

3. If the international treaty which participant is the State Party of the Commonwealth of Independent States establishes other rules, than those which contain in this Code then are applied rules of the international treaty.

Article 4. Concept of intellectual property right

1. The intellectual property right is the right of person to result of intellectual, creative activities or to other objects equated to them which specific list is established by this Code and other laws.

2. The intellectual property right is made by personal non-property intellectual property rights and (or) property rights of intellectual property which content concerning certain objects of intellectual property right is determined by this Code and other laws.

3. The intellectual property right is firm. Nobody can be deprived of intellectual property right or is limited in its implementation, except the cases provided by the law.

Article 5. Ratio of intellectual property right and property right

1. The intellectual property right and the property right to thing do not depend from each other.

2. Transition of the right to intellectual property item does not mean transition of the property right to thing.

3. Transition of the property right to thing does not mean transition of the right to intellectual property item.

4. The owner or other owner of the material carrier in which the intellectual property item is expressed shall observe the rights of the person of law of intellectual property.

Article 6. Intellectual property items

Treat intellectual property items, in particular:

- literary, art and scientific works;

- computer programs (program for electronic computers);

- databases (compilation of data);

- execution;

- soundtracks;

- transfers (program) of the broadcasting organizations;

- discoveries;

- inventions, useful models, industrial designs;

- topography (topology, configuration) of integral chips;

- improvement suggestions;

- plant varieties, breeds of animals (selection achievements);

- commercial (corporate) names;

- signs for goods and services (trademarks and service marks);

- geographical instructions;

- trade secrets (know-how).

Article 7. Persons of law of intellectual property

Persons of law of intellectual property are the creator (creators) of intellectual property item (the author, the contractor, the inventor, etc.) and other persons who belong personal non-property and (or) property rights of intellectual property according to this Code, other law or the agreement.

Article 8. Bases of origin (acquisition) of intellectual property right

The intellectual property right arises (is acquired) proceeding from the bases established by this Code, other law or the agreement.

Article 9. Personal non-property intellectual property rights

1. Personal non-property intellectual property rights if other is not established by this Code or other law, are:

- right to recognition of the person by the creator (author, contractor, inventor, etc.) of intellectual property item;

- the right to interfere with any infringement of intellectual property right capable to cause damage to honor or reputation of his creator (the right to immunity of intellectual property item);

- other personal non-property intellectual property rights established by the law.

2. Personal non-property intellectual property rights belong to the creator of intellectual property item.

3. Personal non-property intellectual property rights do not depend on property rights of intellectual property.

4. Personal non-property intellectual property rights cannot be alienated (to be transferred).

Article 10. Property rights of intellectual property

1. Property rights of intellectual property if other is not established by this Code or other law, are:

- right to use intellectual property item;

- exclusive right to resolve use of intellectual property item;

- exclusive right to interfere with unauthorized use of intellectual property item, including to prohibit such use;

- other property rights of intellectual property established by the law.

2. The law exceptions and restrictions on hand by property rights of intellectual property by subjects of these rights can be established provided that such restrictions and exceptions do not create essential obstacles for normal realization of property rights of intellectual property and implementation of legitimate interests of subjects of these rights.

3. Property rights of intellectual property can be brought according to the law their owners as contribution to the authorized capital of the legal entity, act as the subject of the agreement of pledge and other obligations, and also be used in other civil legal relationship.

Article 11. Effective period of intellectual property rights

1. Personal non-property intellectual property rights are effective is termless if other is not established by the law.

2. Effective periods of property rights concerning separate intellectual property items, procedure for their calculation, the basis and procedure for their prolongation or recovery, and also the basis and procedure for early termination of action of such rights are established by this Code, other laws or agreements.

3. After effective period of property rights, and also in case of early termination of action of such rights the corresponding intellectual property item turns into public property.

4. The owner of property rights of intellectual property can make the decision on early termination of their action if other is not established by the law and if at the same time the rights and interests of other persons protected by the law are not violated.

Article 12. Use of intellectual property item

1. Methods of use of intellectual property item are determined by this Code and other laws.

2. Person having exclusive right to permit or prohibit use of intellectual property item can use this object at own discretion, with observance at the same time of the rights of other persons.

3. Use of intellectual property item by other person is performed with the permission of person having exclusive property rights on intellectual property item except the cases of lawful use without such permission provided by this Code and other laws.

4. Conditions of provision of permission (licensing) for use of intellectual property item can be defined by the agreement which is signed with observance of requirements of this Code and other laws.

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