ORDER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of August 13, 2009 No. 1488

About approval of Administrative regulations of the Federal Customs Service on execution of the state function on maintaining the customs register of intellectual property items

According to Articles 394, 395 Customs codes of the Russian Federation (Russian Federation Code, 2003, N 22, Art. 2066; N 52, (p. I), Art. 5038; 2004, N 27, Art. 2711; N 34, of Art. 3533; N 46 (p. I), Art. 4494; 2005, N 30 (p. I), Art. 3101; 2006, N 1, Art. 15; N 3, of the Art. 280, N 8, Art. 854, N 52 (p. II), Art. 5504; 2007, N 1 (p. I), Art. 29; N 24, of Art. 2831; N 27, of Art. 3213; N 31, of the Art. 3995, Art. 4011; N 45, of Art. 5417; 2008, N 26, Art. 3022, N 48, Art. 5500, N 49, Art. 5748; 2009, N 1, the Art. 17, the Art. 22), 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 N 459 (The Russian Federation Code, 2006, N 32, Art. 3569; 2008, N 17, Art. 1883; N 24, of the Art. 2867), Item 7 of the Procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services) approved by the order of the Government of the Russian Federation of November 11, 2005 N 679 (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, the Art. 2063), in connection with enforcement of part four of the Civil code of the Russian Federation (The Russian Federation Code, 2006, N 52 (p. I), Art. 5496; 2007, N 49, Art. 6079; 2008, N 27, 3122) and for the purpose of optimization of execution of the state function I order to the Art.:

1. Approve the enclosed Administrative regulations of the Federal Customs Service on execution of the state function on maintaining the customs register of intellectual property items.

2. Declare invalid the order of FCS of Russia of June 8, 2007 N 714 "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" (it is registered by the Ministry of Justice of the Russian Federation 22.08. 2007, registration N 10038).

3. Consider the order become effective after 90 days from the date of its official publication.

I reserve control of execution of this order.

Appendix

to the Order of the Federal Customs Service of August 13, 2009 No. 1488

Administrative regulations of the Federal Customs Service on execution of the state function on maintaining the customs register of intellectual property items

I. General provisions

1. The administrative regulations of the Federal Customs Service on 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 by execution of the state function (further - FCS of Russia), order of interaction of FCS of Russia, its structural divisions, regional customs authorities (further - the MOUTH), customs among themselves, and also with owners (their representatives), federal executive bodies, law enforcement agencies, bodies of prosecutor's office, judicial authorities, executive bodies of subjects of the Russian Federation, local government bodies and other state bodies of the Russian Federation and state bodies of subjects of the Russian Federation to which competence questions are carried, connected with protection and protection of intellectual property rights (further - state bodies), banks, other credit and insurance companies, participants of foreign economic activity and other persons whose activities are connected with implementation of foreign economic activity, and also with other organizations, the organizations and citizens in case of execution of the state function on maintaining the customs register of intellectual property items.

2. Execution of the state function on maintaining the customs register of intellectual property items (further - the Register) includes the following ministerial procedures:

- acceptance and consideration of the application about taking measures, the goods connected with suspension of release;

- entering of intellectual property items into the Register based on statements of owners (their representatives);

- exception of intellectual property items of the Register;

- entering into the Register of changes and amendments;

- publication of the list of the intellectual property items entered in the Register, bringing data of the Register to data of customs authorities and interested persons;

- interaction of customs authorities with state bodies, citizens and the organizations for the questions connected with maintaining the Register.

3. Execution of the state function on maintaining the Register is performed according to the Customs code of the Russian Federation * (further - the Code), the order of the Government of the Russian Federation of July 26, 2006 N 459 "About the Federal Customs Service" **, the order of FCS of Russia of January 12, 2005 N 7 "About approval of the General provision about regional customs authority and the General provision about customs" (it is registered by the Ministry of Justice of the Russian Federation 28.03.2005, registration N 6442) in edition of orders of FCS of Russia of November 21, 2006 N 1195 "About introduction of amendments to the order of FCS of Russia of January 12, 2005 N 7" (it is registered by the Ministry of Justice of the Russian Federation 18.12. 2006, registration N 8616), of June 7, 2007 N 692 "About introduction of amendments to the order of FCS of Russia of January 12, 2005 N 7" (it is registered by the Ministry of Justice of the Russian Federation 11.07. 2007, registration N 9795), of August 13, 2007 N 965 "About approval of the General provision about customs post" (it is registered by the Ministry of Justice of the Russian Federation 11.09. 2007, registration N 10121), the order of FCS of Russia of November 28, 2007 N 1479 "About Regulations of the Federal Customs Service" (it is registered by the Ministry of Justice of the Russian Federation 29.12.2007, registration N 10870), 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 N 1199 (it is registered by the Ministry of Justice of the Russian Federation 18.12. 2003, registration N 5341), 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 May 24, 2006 N 469 (it is registered by the Ministry of Justice of the Russian Federation 13.09. 2006, registration N 8233) in edition of orders of FCS of Russia of January 10, 2007 N 5 "About introduction of amendments to the order of FCS of Russia of May 24, 2006 N 469" (it is registered by the Ministry of Justice of the Russian Federation 20.02. 2007, registration N 8987), of March 21, 2007 N 328 "About introduction of amendments to the order of FCS of Russia of May 24, 2006 N 469" (it is registered by the Ministry of Justice of the Russian Federation 09.04. 2007, registration N 9264), of July 12, 2007 N 854 "About introduction of amendments to the order of FCS of Russia of May 24, 2006 N 469" (it is registered by the Ministry of Justice of the Russian Federation 25.07.2007, registration N 9896), of November 14, 2007 N 1399 "About introduction of amendments to the order of FCS of Russia of May 24, 2006 N 469" (it is registered by the Ministry of Justice of the Russian Federation 30.11.2007, registration N 10586), of April 15, 2008 N 417 "About introduction of amendments to the order of FCS of Russia of May 24, 2006 N 469" (it is registered by the Ministry of Justice of the Russian Federation 06.05. 2008, registration N 11633), of August 4, 2008 N 957 "About introduction of amendments to the order of FCS of Russia of May 24, 2006 N 469" (it is registered by the Ministry of Justice of the Russian Federation 25.08.2008, registration N 12152) (further - Administrative regulations about informing and consultation).

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, publicity, fairness for all owners of exclusive rights on objects of copyright and the related rights, on trademarks, service marks and owners of exclusive right of use of the name of the place of goods origin, inadmissibility of damnification to the third parties, non-admissions of unreasonable increase in terms and unjustifiable delays of execution of the state function.

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