ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE

of October 2, 2013 No. 1355

About approval of the List of questions for implementation of planned actions of the state supervision (control) for use of objects of intellectual property right, the unified form of the inspection statement of observance of requirements of the legislation in the field of intellectual property and form of the instruction

According to article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity" and in pursuance of the order of the Cabinet of Ministers of Ukraine of September 15, 2010 "About ensuring implementation of the state supervision (control) in the field of economic activity" I ORDER to No. 1850-r:

1. Approve enclosed:

1) the List of questions for implementation of planned actions of the state supervision (control) for use of objects of intellectual property right;

2) the unified form of the inspection statement of observance of requirements of the legislation in the field of intellectual property;

3) instruction form.

2. (Kovin M. V.) in accordance with the established procedure to submit to public service of intellectual property of Ukraine this order on state registration to the Ministry of Justice of Ukraine.

3. To impose control over the implementation of the order on the Chairman of Public service of intellectual property of Ukraine Kovin M. V.

4. This order becomes effective from the date of its official publication.

It is approved The chairman of Public service of Ukraine concerning regulatory policy and development of entrepreneurship

M. Yu. Brodsky

Approved by the Order of the Ministry of Education and Science of Ukraine of October 2, 2013, No. 1355

The list of questions for implementation of planned actions of the state supervision (control) for use of objects of intellectual property right

1. The requirements containing in the provided instructions of officials on elimination of the violations revealed by the previous check.

2. Availability of the statement or extraction from the Unified State Register of Legal Entities and physical persons - entrepreneurs, and also identity documents, at officials.

3. Availability of the charter (provision).

4. Availability of the lease of the room.

5. Availability of the certificate on the property right to the room.

6. Availability of documents, license agreements, author's contracts for right to use of intellectual property items.

7. Availability of documents, license agreements, author's contracts for right of reproduction of objects of intellectual property right.

8. Availability of documents, license agreements, author's contracts for right of hire of intellectual property items.

9. Availability of documents, license agreements, author's contracts for right of lease of objects of intellectual property right.

10. Availability of documents, license agreements, author's contracts for diffusion right of intellectual property items.

11. Availability of the order on appointment of the responsible person for use computer, audio-, video equipment.

12. Availability of documents by the number of computers and audio-, video equipment, being on accounting of the company (tangible assets).

13. Availability of documents with the list of the computer software which is on accounting of the company (intangible assets).

14. Availability at the subject of managing of documents (accounting documentation) on charge and payments of award (royalty) for use of objects of intellectual property right.

15. Activities for production of disks for laser systems of reading, matrixes are performed.

16. Activities for production of disks for laser systems of reading, matrixes are performed only in licensed rooms (i.e. the rooms specified in appendix to the license).

17. Activities for production of disks for laser systems of reading, matrixes are performed only on the licensed equipment (i.e. on the equipment specified in appendix to the license).

18. On each made disk for laser systems of reading, matrix with data recording the special identification code is put down.

19. Obligatory complimentary copies of the made disks for laser systems of reading, with record of information on them are provided to specially authorized body concerning licensing. The copy of registration card with indication of number and registration date is available.

20. On each made disk for laser systems of reading, matrix without data recording code of compression mold of which it was made, it is put down.

21. Drawing on disks for laser systems of reading, matrix of special identification code is technologically provided with the licensed equipment.

22. Disks for laser systems of reading, the matrixes containing objects of copyright and/or the related rights are made only in the presence of permission of persons who belong copyright or the related rights.

23. Accounting of production volumes of disks for laser systems of reading, matrixes, and also acquisition, storage, use of raw materials for their production are conducted.

24. The documents fixing acquisition, storage, use of raw materials and the main nodes of the equipment for production of disks for laser systems of reading, matrixes, production, storage, transportation, destruction (or utilization) disks for laser systems of reading, matrixes are available and safety (at least 3 years) is ensured.

25. Accounting of the main nodes of the specialized equipment for production of disks for laser systems of reading, matrixes with indication of date of acquisition (write-off) of these nodes, type, model and serial number, and also special identification code is conducted.

26. Accounting of amounts of acquisition, storage, raw materials use - optical polycarbonate with indication of quantity, type or brand, the name and date of the agreement, the name of the party with which the agreement was signed is conducted.

27. Accounting of the received orders and the signed production agreements and/or delivery (sale) of the made disks for laser systems of reading, matrixes is conducted with indication of:

1) names and locations of the customer of disks for laser systems of reading, matrixes;

2) complete description of objects of copyright and/or the related rights, will be reproduced on disks for laser systems of reading, matrixes;

3) copies of the commodity-transport documents processed in accordance with the established procedure;

4) the documents provided by the customer, confirming availability at it of the rights to reproduction of objects of copyright and/or the related rights.

28. Accounting of production volumes of disks for laser systems of reading, matrixes is conducted with indication of:

1) dates of production, type and the name of the made disks for laser systems of reading, matrixes, dates and order numbers (agreement);

2) quantities (not rejected) disks made high-quality for laser systems of reading, matrixes;

3) quantity of the disks made rejected (with defects) for laser systems of reading, matrixes;

4) total weight of raw materials - the optical polycarbonate used for production of disks for laser systems of reading, matrixes.

29. Magazines in which it is recorded are available, are numbered, strung together and under seal.

30. Copies of online magazines in which it is recorded (in case of maintaining registers in electronic form by means of the Microsoft Word program (with preserving files with the RTF expansion)) are available, are numbered, strung together, under seal also the signature of the head.

31. On each made disk for laser systems of reading, matrix with data recording the special identification code is put down.

32. On each made disk for laser systems of reading, matrix without data recording of code of matrix of which it was made according to specifications of special identification code by the installed Procedure for assignment and drawing on drives for laser systems of reading and/or matrix of special identification code approved by the resolution of the Cabinet of Ministers of Ukraine of April 26, 2003 No. 623, it is put down.

33. The equipment used for production of disks for laser systems of reading, matrixes is adapted for drawing the special identification code specified in the license for production of disks for laser systems of reading, matrixes.

34. Correctness of execution of production agreements of disks for laser systems of reading, matrixes containing objects of copyright and/or the related rights, and use of the author's and/or related rights to production of disks for laser systems of reading, matrixes is provided.

35. The established requirements in case of the conclusion of production agreements of disks for laser systems of reading, matrixes containing objects of copyright and/or the related rights, and use of the author's and/or related rights to production of disks for laser systems of reading, matrixes are carried out, namely:

1) documentary information from the customer on objects of copyright and the related rights, will be reproduced on disk for laser systems of reading, matrix;

2) documentary information on subjects of copyright and related rights: for the legal entity - full name, the location, availability of the statement or extraction from the Unified State Register of Legal Entities and physical persons - entrepreneurs, the EGRPOU code, for physical person - surname, name, middle name, the residence, registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer, notified on it relevant organ of the income and charges and have mark in the passport about the right to make payments on series and passport number).

36. Matrixes with record of objects on them author's and/or the related rights concerning which the order (contract) for their production consists, it is received from the customer of the copy of documents by which availability at the customer of the rights to reproduction of disks for laser systems of reading is confirmed.

37. The copy of the statement from the register about recognition of the special identification code on matrix imported (in case of use by the plant of the matrixes imported), it is received.

38. The specified List is exhaustive.

Implementation of planned actions of the state supervision (control) of observance by subjects of managing of requirements of the legislation in the field of intellectual property on other questions which are not included in this List is forbidden.

Approved by the Order of the Ministry of Education and Science of Ukraine of October 2, 2013, No. 1355

The inspection statement of observance of requirements of the legislation in the field of intellectual property

See the Inspection statement of observance of requirements of the legislation in the field of intellectual property (32Kb In original language)

Approved the Order of the Ministry of Education and Science of Ukraine of October 2, 2013 No. 1355

Instruction form

See instruction Form (9Kb In original language)

 

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