On the ratification of the Agreement on Cooperation in the Suppression of Intellectual Property Offences

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The Law of the Republic of Kazakhstan dated May 11, 2001 N 201

To ratify the Agreement on Cooperation in the Suppression of Intellectual Property Offences, signed in Moscow on March 6, 1998.

President of the Republic of Kazakhstan

Officially certified text

 Agreement* on cooperation in the suppression of intellectual property offenses

*(Entered into force on June 12, 2001 - Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 3, art. 27)

Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Republic of Uzbekistan, Ukraine

notifications have been submitted:

Republic of Belarus - deposited on November 19, 1998; Republic of Azerbaijan - deposited on January 13, 1999; Republic of Tajikistan - deposited on January 19, 1999; Republic of Armenia - deposited on July 20, 1999; Kyrgyz Republic - deposited on June 16, 2000; Republic of Kazakhstan - deposited on June 12, 2001; Russian Federation - deposited on November 12, 2001; Republic of Moldova - deposited on November 20, 2001.

The notifications of ratification have been submitted

Ukraine - deposited on December 28, 2000.

The Agreement entered into force on January 19, 1999.

entered into force for the States:

Republic of Belarus - January 19, 1999; Republic of Tajikistan - January 19, 1999; Republic of Azerbaijan - April 17, 1999; Republic of Armenia - July 20, 1999; Kyrgyz Republic - June 16, 2000; Ukraine - December 28, 2000; Republic of Kazakhstan - June 12, 2001; Russian Federation - November 12, 2001; Republic of Moldova - November 20, 2001.

The States Parties to this Agreement, represented by their Governments, hereinafter referred to as the Parties, expressing deep concern about the expansion of intellectual property offenses, guided by the Interstate Program of Joint Measures to Combat Organized Crime and Other Types of Dangerous Crimes on the Territory of the Member States of the Commonwealth of Independent States for the Period up to 2000, approved by the Decision of the Council of Heads of State of the Commonwealth of Independent States States of 17 May The States Parties to this Agreement, represented by their Governments, hereinafter referred to as the Parties, expressing deep concern about the expansion of intellectual property offenses, guided by the Interstate Program of Joint Measures to Combat Organized Crime and Other Types of Dangerous Crimes on the Territory of the Member States of the Commonwealth of Independent States for the Period up to 2000, approved by the Decision of the Council of Heads of State of the Commonwealth of Independent States States of 17 May 1996, Desiring to create favorable conditions for the harmonious development of mutual trade, economic, industrial and scientific cooperation, based on the provisions of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993, aware of the need to coordinate the efforts of the Parties and take effective measures to curb intellectual property offenses, agreed as follows:

 Article 1

For the purposes of this Agreement, "intellectual property" is understood in the meaning specified in article 2 of the Convention Establishing the World Intellectual Property Organization, signed in Stockholm on July 14, 1967.

 Article 2

In order to develop agreed forms and methods of interaction in the field of intellectual property protection, the PartiesIn order to develop agreed forms and methods of interaction in the field of intellectual property protection, the Parties will cooperate in the prevention, detection, suppression and investigation of violations in this area based on the principles of equality and mutual benefit and in accordance with international treaties and their national legislation.

 Article 3

Each Party has the right to provide, on the basis of reciprocity, individuals and legal entities of other Parties with a regime no less favorable than its own individuals and legal entities with respect to the protection of intellectual property rights.

 Article 4

1. The authorized bodies of the Parties shall cooperate by: a) exchange of information on the suppression of offenses in the field of intellectual property; 1. The authorized bodies of the Parties shall cooperate by: a) exchange of information oppression of offenses in the field of intellectual property; b) creation of a common information database on the suppression of offenses in the field of intellectual property with a list of subjects having access to it; c) carrying out measures to prevent, identify, suppress and disclose offenses in the field of intellectual property; (d) Exchange of experience in the prevention, detection, suppression and disclosure of intellectual property offenses; (e) exchange of educational, methodological and specialized literature; (f) organization of joint scientific research, seminars and conferences; (g) assistance in training and advanced training; (h) provision, upon request of the Parties, of regulations regulating intellectual property activities. 2. The Parties shall determine the list of their authorized bodies responsible for the implementation of this Agreement and notify the depositary thereof no later than three months after the date of entry into force of the Agreement.

 Article 5

The Parties will bring their national legislation into line with international standards in the field of intellectual property rights protection and will put into effect appropriate procedures that will gParties will bring their national legislation into line with international standards in the field of intellectual property rights protection and will put into effect appropriate procedures that will give customs authorities the right to suspend the passage through the customs border of the Parties of goods manufactured and/or purchased in violation of intellectual property rights, and/or containing any violations of these rights.

 Article 6

The Parties will develop and put into effect norms of The Parties will develop and put into effect norms of criminal, civil and administrative legislation providing for coordinated measures to prevent and suppress offenses in the field of intellectual property.

 Article 7

In order to take effective measures to curb intellectual property offenses and coordinate the actions of the Parties under this Agreement, the Parties establish a joint working commission that carries out its activities on the basis of the Regulations on this Commission.

 Article 8

Representatives of the ParRepresentatives of the Parties, if necessary, hold working meetings and consultations on the issues of strengthening and improving the effectiveness of cooperation in the protection and protection of intellectual property, including the harmonization of legislation and methodology in this area.

 Article 9

In order to implement this Agreement, the competent authorities of the Parties may conclude bilateral and multilateral interdepartmental agreements on cooperation in the suppression of intellectual property offenses.

 Article 10

Disagreements arising in connectDisagreements arising in connection with the interpretation or application of the provisions of this Agreement shall be resolved through consultations and negotiations.

 Article 11

Each Party shall independently bear the costs associated with the implementation of this Agreement.

 Article 12

For cooperation under this Agreement, the working language is Russian.

 Article 13

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by a protocol that is an integral part of the Agreement.

 Article 14

This Agreement shall enter into force on the date of deposit with the depositary of the third notification on the completion by the signatories of the internal procedures necessary for its entry into force. For the Parties who have completed the necessary procedures later, it shall enter into force on the day of the deposit of the relevant documents to the depositary.

 Article 15

This Agreement is open for accession by other States sharing its provisions, with the consent of all Parties by submitting documents on such accession to the depositary. TThis Agreement is open for accession by other States sharing its provisions, with the consent of all Parties by submitting documents on such accession to the depositary. The accession is considered to have entered into force from the date of receipt by the depositary of the last notification of consent to such accession.

 Article 16

This Agreement is valid for five years from the date of its entry into force. After this period, the Agreement is automatically extended each time for a period of five years, unless the Parties decide otherwise.

 Article 17

Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 months prior to withdrawal, having settled financial and other obligations that have arisen during the validity of the Agreement.

 Article 18

The provisions of this Agreement do not affect the obligations assumed by the Parties in accordance with other international treaties, and do not limit the rights of the Parties to participate in any other bilateral and multilateral forms of interstate cooperation.

Article 19

In case of violation by either Party of the provisions of this Agreement, the other Parties shall be guided by Article 60  The Vienna Convention on the Law of Treaties of 1969.

Done in Moscow on March 6, 1998, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government For the Government Of the Republic of Azerbaijan of the Republic of Moldova For the Government of the Republic of Armenia Of the Russian Federation For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan For the Government For the Government of Georgia of Turkmenistan For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan For the Government For Government Of the Kyrgyz Republic Of Ukraine

 Special opinion to the Agreement on Cooperation in the Suppression of Intellectual Property Offenses of the Republic of Azerbaijan

The Republic of Azerbaijan assumes no obligations in the implementation of the provisions of this Agreement under Article 7 in general and Article 8 regarding the harmonization of legislation and methodology in this area.

The Prime Minister The Republic of Azerbaijan

I hereby certify that the attached text is an authentic copy of the Agreement on Cooperation in the Suppression of Intellectual Property Offenses, adopted at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which was held on March 6, 1998 in Moscow. The original copy of the above-mentioned Agreement is kept at the Executive Secretariat of the Commonwealth of Independent States.

First Deputy Executive Secretary The Commonwealth of Independent States

President

Republic of Kazakhstan

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