On the ratification of the Agreement on Common Principles of Regulation in the Field of Protection and Protection of Intellectual Property Rights

Home / RLA / On the ratification of the Agreement on Common Principles of Regulation in the Field of Protection and Protection of Intellectual Property Rights

The Law of the Republic of Kazakhstan dated June 30, 2011 No. 448-IV.

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify the Agreement on Common Principles of Regulation in the Field of Protection and Protection of Intellectual Property Rights, signed in Moscow on December 9, 2010.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on Common Principles of regulation in the field of protection and protection of intellectual Property Rights (Entered into force on January 1, 2012) - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 1, art. 16

The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties,

guided by the Decision of the Interstate Council of the Eurasian Economic Community (the Supreme Body of the Customs Union) dated December 19, 2009 No. 35,

Expressing their intention to develop trade, economic, industrial, cultural, scientific and technical cooperation,

Based on the need to implement a coordinated system of measures aimed at protecting and protecting intellectual property rights and combating international trade in counterfeit goods,

Striving to create favorable conditions for the formation of a Common Economic Space and the Customs Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation by organizing a unified coordinated system for the protection and protection of intellectual property rights,

have agreed on the following.

SECTION I General provisions

Article 1

This Agreement is aimed at unifying the principles of regulation in the field of protection and protection of intellectual property results and means of individualization of goods, works and services that are protected by the national legislation of the Parties.

Article 2

1. The Parties shall base themselves on a common international legal framework in the field of protection and enforcement of intellectual property rights, share the principles of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights and be guided by international agreements in the field of intellectual property administered by the World Intellectual Property Organization, as well as other international agreements to which the Parties are parties.

2. The Parties that, prior to the signing of this Agreement, are not parties to the Singapore Trademark Law Treaty of 2007 and the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention of 1961), undertake to accede to these international treaties.

3. The Parties undertake to coordinate actions within the framework of participation in the World Intellectual Property Organization, the Committee on the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (after the accession of the States of the Parties to the World Trade Organization).

Article 3

1. Each Party undertakes to fix in its national legislation the provisions on granting individuals and legal entities, the results of intellectual activity and means of individualization of the States of the other Parties the same level of protection and protection of intellectual property rights that it provides to its individuals and legal entities, the results of intellectual activity and means of individualization on its territory to the extent provided for by this Agreement and within the framework of the Parties' international obligations.

2. The Parties may apply in their national legislation such norms that will ensure a higher level of protection and protection of intellectual property rights than those contained in this Agreement, provided that they do not contradict the provisions of this Agreement.

SECTION II Copyright and related rights

Article 4

1. The Parties undertake to ensure the protection of the results of intellectual activity based on the provisions of the Berne Convention for the Protection of Literary and Artistic Works of 1971, the World Intellectual Property Organization Treaty on Copyright and the World Intellectual Property Organization Treaty on Performances and Phonograms.

2. Programs for electronic computing machines (computer programs), including source text and object code, are protected as literary works in accordance with the Berne Convention for the Protection of Literary and Artistic Works of 1971.

3. Composite works, that is, works that represent the result of creativity in terms of the selection or arrangement of materials, regardless of the form of their expression, are protected as such. At the same time, composite works are protected by copyright, regardless of whether the works on which they are based or which they include are objects of copyright.

4. Copyright applies to works of science, literature and art. The author of the work owns, in particular, the following rights::

1) the exclusive right to the work;

2) the right of authorship;

3) the author's right to the name;

4) the right to inviolability of the work;

5) the right to publish the work;

6) other rights established by the national legislation of the Parties.

5. The Parties undertake to reduce to individual cases restrictions and exclusions from the rights to the results of intellectual activity protected under this article, which will not contradict the usual use of works or objects of related rights and will not unreasonably infringe on the legitimate interests of copyright holders.

6. The Parties undertake to ensure the terms of protection of the exclusive right to the author's work, the exclusive right to a work created in collaboration, the exclusive right to a work published after the author's death, which will not be lower than the terms established by the Berne Convention for the Protection of Literary and Artistic Works of 1971, the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights and International Convention on the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention of 1961). The national legislation of the Parties may provide for long periods of protection of the rights specified in this article.

Article 5

Each Party shall grant the right holders in respect of cinematographic works the right to permit or prohibit the public commercial distribution of originals or copies of their copyrighted works in the territory of the other Party's State.

Article 6

For the purposes of this Agreement, intellectual (property and personal non-property) rights to the results of performing activities (performances), phonograms and other rights established by the national legislation of the Parties are related to copyrights (related rights).

Article 7

1. For the purposes of this Agreement, the performer (author of the performance) is an individual whose creative work created the performance., - a performing artist (an actor, singer, musician, dancer, or other person who plays a role, reads, recites, sings, plays a musical instrument, or otherwise participates in the performance of a work of literature, art, or folk art, including a variety, circus, or puppet show), as well as the stage director of the play (the person who staged a theatrical, circus, puppet, variety or other theatrical and entertainment performance) and the conductor.

2. The Parties grant the following rights to the executors of the Parties on a mutual basis:

1) the exclusive right to perform;

2) the right of authorship is the right to be recognized as the author of a performance;

3) the right to a name is the right to indicate one's name or pseudonym on copies of a phonogram and in other cases of use of a performance, the right to indicate the name of the collective of performers, except in cases where the nature of the use of the work precludes the possibility of indicating the name of the performer or the name of the collective of performers.;

4) other rights established by the national legislation of the Parties.

3. Performers exercise their rights in compliance with the rights of the authors of the performed works.

4. The rights of the performer are recognized and effective regardless of the existence and validity of copyrights to the performed work.

Article 8

1. For the purposes of the Agreement, the producer (producer) of a phonogram is the person who took the initiative and responsibility for the first recording of performance sounds or other sounds or displays of these sounds. In the absence of evidence to the contrary, the producer (producer) of a phonogram is a person whose name or title is indicated in the usual way on a copy of the phonogram and (or) on its packaging.

2. The Parties grant the producers (producers) of phonograms of the Parties the following rights:

1) the exclusive right to a phonogram;

2) other rights established by the national legislation of the Parties.

3. The Parties undertake to ensure the terms of protection of the rights of producers (producers) of phonograms, which will not be lower than those established by the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights and the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention of 1961). The national legislation of the Parties may provide for long periods of protection of the rights specified in this article.

Article 9

1. Producers (producers) of phonograms in the territory of the States of the Parties have the right to permit or prohibit the following actions:

1) direct or indirect reproduction of their phonograms;

2) import into the territory of the State of the other Party a copy of a phonogram that was produced without the permission of the producer (producer) of the phonogram.

Article 10

1. For the purposes of this Agreement, a collective management organization is an organization operating in accordance with the national legislation of the Parties on the basis of powers received from authors, performers, producers (producers) of phonograms and other holders of copyright and related rights (hereinafter referred to as authors and other copyright holders) in the field of managing relevant rights on a collective basis in order to ensure remuneration received by authors and other copyright holders for the use of objects of copyright and related rights.

2. In order to effectively implement the property rights of authors and other right holders on the territory of the member States of the Single Economic Space in cases where the exercise of their rights individually is difficult or when the national legislation of the Parties allows the use of objects of copyright and related rights without the consent of the holders of the relevant rights, but with the payment of remuneration, the Parties shall assist in the creation and operation of organizations on collective management.

3. In order to ensure the possibility of legitimate use of objects of copyright and related rights, taking into account the interests of the fullest and most effective realization of the rights of authors and other rightholders, the Parties provide for the possibility of collective management organizations in the interests of both authors and other rightholders who have directly delegated the relevant powers to such organizations, and those authors and other rightholders who have not directly renounced carrying out activities in their interests, This includes the exercise of the right to remuneration for the free reproduction of phonograms and audiovisual works for personal purposes.

4. In order to create a unified system for the protection and implementation of copyright and related rights, the Parties, prior to the date of entry into force of this Agreement, conclude an international agreement providing, inter alia:

1) defining a unified procedure for the management of rights on a collective basis, including in the case of the exercise of the right to remuneration for the free reproduction of phonograms and audiovisual works for personal purposes;

2) creation by the Parties of databases containing information on protected objects of copyright and related rights and the procedure for organizing information exchange;

3) the establishment and determination of the working procedure of the commission for the coordination of the work of collective management organizations of the member States of the Single Economic Space.

Trademarks

Article 11

1. For the purposes of this Agreement, a trademark and service mark (hereinafter referred to as a trademark) is a designation protected in accordance with the national legislation of the Parties and international treaties to which the Parties are parties, which serves to distinguish the goods and (or) services of some participants in civil turnover from the goods and (or) services of other participants in civil turnover.

Verbal, pictorial, three-dimensional, and other designations or combinations thereof may be registered as trademarks. Other designations may be registered as trademarks in cases provided for by the legislative acts of the States of the Parties. A trademark can be registered in any color or color combination.

Article 12

1. The trademark owner has the exclusive right to use and dispose of the trademark, as well as the right to prohibit the use of the trademark by other persons.

2. The validity period of the initial registration of a trademark may be extended an unlimited number of times at the request of the trademark owner filed during the last year of its validity, each time for a period of at least 10 years.

Article 13

From the date of entry into force of this Agreement, the Parties shall introduce the following principle of exhaustion of exclusive rights to a trademark: the use of this trademark in respect of goods that have been lawfully put into civil circulation on the territory of the States of the Parties directly by the copyright holder or other persons with his consent is not a violation of the exclusive right to a trademark.

Article 14

Before the date of entry into force of this Agreement, the Parties will develop and introduce uniform procedures necessary to ensure the legal protection of trademarks and appellations of origin (geographical indications) on the territory of their States of the Parties. The parties will fix the developed unified mechanisms for registration of trademarks and names of places of origin (geographical indications) in a separate agreement.

The name of the place of origin of the goods

Article 15

1. For the purposes of this Agreement, an appellation of origin to which legal protection is granted is a designation representing or containing a modern or historical, official or unofficial, full or abbreviated name of a country, urban or rural settlement, locality or other geographical feature, as well as a designation derived from such an appellation and made known as a result of its use. use in relation to the product, The special properties of which are exclusively or mainly determined by the natural conditions and (or) human factors characteristic of a given geographical feature.

These provisions apply to a designation that allows the identification of goods as originating from the territory of a particular geographical object and, although it does not contain the name of this object, has become known as a result of the use of this designation in relation to goods whose special properties meet the requirements specified in the first paragraph of this paragraph.

An appellation of origin is not recognized as an appellation of origin, although it represents or contains the name of a geographical object, but it has come into general use as a designation of a certain type of product that is not related to the place of its production.

2. For the purposes of this Agreement, with respect to the appellation of origin, the Parties shall provide for legal measures allowing interested parties to prevent:

1) the use of any means in the designation or presentation of goods that indicate or cause an association that this product originates from a geographical area other than the present place of origin, in such a way that it misleads the public about the geographical origin of this product;

2) any use that constitutes an act of unfair competition within the meaning of article 10-bis of the Paris Convention for the Protection of Industrial Property of 1967.

Patent rights

Article 16

1. The right to an invention, utility model and industrial design is protected in accordance with the procedure established by the national legislation of the Parties and is confirmed by a security document certifying the priority, authorship and exclusive right of the patent holder to the invention, utility model and industrial design.

2. The author of an invention, utility model, or industrial design has the following rights:

1) the exclusive right;

2) the right of authorship.

3. In certain cases provided for by the national legislation of the Parties, the author of an invention, utility model or industrial design also has other rights, including the right to obtain a patent, the right to remuneration for the use of an official invention, utility model or industrial design.

4. The term of validity of the exclusive right to an invention, utility model, industrial design and a patent certifying this right shall be calculated from the date of filing an application for the grant of a patent, subject to compliance with the requirements established by the national legislation of the Parties, and shall be:

at least 20 years - for inventions;

at least 5 years - for utility models;

at least 5 years - for industrial designs.

Article 17

A patent for an invention, utility model, or industrial design grants the patent holder the exclusive right to use the invention, utility model, or industrial design in any manner that does not contradict the law.

If the subject of the patent is a product, the patent holder has the right to prevent third parties from making, using, storing, offering, selling, or importing the specified product without his consent.

If the subject of the patent is a method, the patent holder has the right to prevent, without his consent, the implementation of the method, as well as the use, storage, offer for sale, sale or importation for these purposes, including the product obtained directly by the mentioned method.

Article 18

The parties have the right to provide for restrictions on the rights granted by security documents, provided that such exceptions do not unduly damage the usual use of inventions, utility models or industrial designs and do not unreasonably infringe on the legitimate interests of the patent owner, taking into account the legitimate interests of third parties.

SECTION III Law enforcement

Article 19

The Parties undertake obligations to apply such law enforcement measures that will ensure effective protection of intellectual property rights.

Article 20

The Parties envisage legislative measures that will ensure effective suppression of the turnover of counterfeit goods in the single customs territory of the Customs Union, as well as unified measures to counteract the violation of intellectual property rights on the Internet.

Border measures

Article 21

The Parties provide for actions to protect the rights to the results of intellectual activity, fixed in the Customs Code of the Customs Union.

Administrative and criminal measures

Article 22

In order to create a unified system for the protection of intellectual property rights, as well as to implement the provisions of Article 20 of this Agreement, the Parties provide for the conclusion by the authorized bodies of the Parties of an agreement on the coordination of actions for the protection of intellectual property rights.

SECTION IV Transparency

Article 23

1. Laws and other regulations, final judicial and administrative decisions of general application, put into effect by either Party and related to the subject matter of this Agreement (availability, scope, acquisition, enforcement of intellectual property rights and prevention of abuse), are subject to official publication or in cases where such publication is impractical., should be publicly available in such a way that government agencies and copyright holders can get acquainted with them.

Agreements concerning the subject matter of this Agreement in force between the Government or governmental authorities of one Party and the Government or governmental authority of the other Party are also subject to publication.

2. Each Party, in response to a written request from the other Party, must be ready to provide the information specified in paragraph 1 of this Article. A Party that has reason to believe that a particular judicial or administrative decision or a bilateral agreement in the field of intellectual property rights affects its rights under this Agreement may make a written request to provide access to such judicial or administrative decisions or bilateral agreements or to inform it about them appropriately.

3. The Parties undertake obligations to notify the Coordinating Council of the Single Economic Space on Intellectual Property on draft legislative acts and other normative legal acts related to the subject matter of this Agreement.

4. Nothing in paragraphs 1-3 of this Article requires the Parties to disclose confidential information that would impede compliance with the law, otherwise contradict the public interest or harm the legitimate commercial interests of individual public or private enterprises.

The Coordinating Council

Article 24

1. In order to carry out the functions of coordination and information and technical cooperation in the field of intellectual property protection between the departments of the States of the Parties on a regular basis, the Parties envisage the creation of a permanent institutional mechanism - the Coordinating Council of the Single Economic Space on Intellectual Property (hereinafter referred to as the Coordinating Council).

The Parties will develop and adopt a regulation on the Coordinating Council. Each Party appoints a co-chairman of the Coordinating Council.

2. The Co-Chairs of the Coordinating Council approve the lists of experts of the said Coordinating Council, which include representatives of the Parties.

The Coordinating Council also includes representatives of the Secretariat of the Integration Committee of the Eurasian Economic Community, whose competence includes coordinating the policies of the member States of the Eurasian Economic Community in the field of intellectual property protection.

The Parties envisage holding regular meetings of the Coordinating Council, but at least once a year.

Dispute resolution

Article 25

Disputes between the Parties related to the interpretation and/or application of this Agreement are resolved through consultations and negotiations.

If the dispute is not settled by the Parties within 6 months from the date of receipt of an official written request for consultations and negotiations sent by one of the Parties to the other Parties, either Party submits the dispute to the Court of the Eurasian Economic Community for consideration.

SECTION V Entry into force

Article 26

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 27

This Agreement shall enter into force on January 1, 2012, but not earlier than the date of receipt by the depositary of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.

The procedure for joining and withdrawing from this Agreement is determined by the Protocol on the Procedure for the Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from them and accession to them dated October 6, 2007.

Done in Moscow on December 9, 2010, in one original copy in the Russian language.

The original copy of this Agreement is kept in the Integration Committee of the Eurasian Economic Community, which, as the depositary of this Agreement, will send each Party a certified copy of it.

Behind

Government

Republics

Russian

Belarus

Kazakhstan

Federations

I hereby certify that this text is a complete and authentic copy of the original Agreement on Common Principles of Regulation in the Field of Protection and Protection of Intellectual Property Rights, signed on December 9, 2010 in Moscow: on behalf of the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus A.V. Kobyakov, on behalf of the Government of the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan by U.E. Shukeyev, on behalf of the Government of the Russian Federation by I.I. Shuvalov, First Deputy Government of the Russian Federation.

The original copy is kept in the Integration Committee of the Eurasian Economic Community.

Everything is laced, fastened

signed and stamped 16 sheets

Head of Legal Department

Department of the Secretariat

The EurAsEC Integration Committee

13.12.2010

V.S. Knyazev

President

Republic of Kazakhstan

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