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On Patent Attorneys

Original Language Title: О патентных поверенных

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RUSSIAN FEDERATION FEDERAL LAW About Patent Solicitors adopted by the State Duma on December 24, 2008 Approved by the Federation Council on December 29, 2008 class="ed">(In the wording of federal laws 11 07.07.2011) N 200-FZ; dated 28.07.2012; N 133-FZ; dated 02.07.2013. N 185-FZ Article 1. Subject of control 1. This Federal Law, in accordance with the Civil Code of the Russian Federation , regulates relations related to activities in the territory. The Russian Federation of Patent Attoritors, determines the requirements for patent attorneys, establishes the procedure for their accreditation and registration, and defines the rights, duties and responsibilities of patent attorneys. 2. The patent attorney carries out affairs with the federal executive branch of intellectual property on behalf of applicants, rights-holders and other interested citizens and legal entities resident (for citizens) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2. Requirements for patent attorney 1. Patent attorneys shall be recognized as nationals who have obtained, in accordance with the procedure established by this Federal Act, the status of a patent attorney and carry out activities related to the legal protection of the results of intellectual activities and funds. individualization, protection of intellectual rights, acquisition of exclusive rights to results of intellectual activity and means of individualization, management of such rights (hereinafter-the activity of the patent attorney). 2. As a patent attorney, a citizen of the Russian Federation who: (1) has reached the age of 18; 2) has permanent residence in the Russian Federation; 3) has been registered as a patent attorney higher education; 4) has at least four years ' experience in the field of work of the patent attorney, in accordance with the specialization in which the citizen expresses the desire to be certified and registered in the The quality of a patent attorney. 3. Cannot be certified as patent solicitor: 1) citizens who are recognized under the law of the Russian Federation by some incompetent or limited legal capacity; (2) citizens whose activities as patent solicitors suspended by a court decision for a certain period of time, before its expiry and to citizens who are excluded from the Register of Russian patent attorneys (hereinafter-the Register) in the manner provided for by article 10 of the present Federal law. 4. They may not be registered as patent attorneys: 1) public servants, persons who substitute State posts of the Russian Federation, State posts of the constituent entities of the Russian Federation, municipal posts, and municipal employees; (2) employees of organizations administered by the federal executive body on intellectual property; 3) citizens recognized under the Russian legislation The Federation is a procedure of incompetent or limited capacity. Article 3. Forms of implementation of Patent attorneys 1. The patent attorney is entitled to perform his or her professional activities on his own behalf, dealing with private practice, as well as on the basis of an employment contract between the patent attorney and the employer (legal person). 2. The employer of a patent attorney who has concluded with the applicant, the owner or other person concerned of a civil contract, including the conditions for the performance of the work (provision of services) relating to the activities of the patent attorney, must: (1) ensure that the patent solicitor with whom he or she has an employment contract is properly executed and, if improperly applied, applies to the patent attorney Liability in accordance with labour legislation; 2) to protect documents received from a sponsor, customer, other persons during the execution of a civil contract; 3) to notify a sponsor to the employer that it is not possible to meet its obligations A civil law contract as a consequence of the circumstances preventing their performance; 4) not to disclose the information in respect of which the requirement of confidentiality has been established and which (...) (...) In the wording of Federal Law No. N 200-FZ 3. The name "patent attorney" or the phrase including that name is entitled to use only patent attorneys, employers of patent attorneys, voluntary associations and self-regulating organizations of patent attorneys. Article 4. Rights and duties of patent attorney 1. The patent attorney, within the scope of the specialization in the Register, is entitled to perform the following types of activities for the benefit of the employer who has concluded the employment contract with him or the person who has concluded with him or his employer Activities of patent solicitor: 1) to advise on legal protection of intellectual property and the means of individualization, protection of intellectual rights, and the acquisition of exclusive rights to results and means of individualization, management and such rights; 2) conduct patent research and analysis of the circumstances leading to the selection of a legal security facility; 3) to design and file on behalf of the client, the employer, the employer of applications and others OF THE PRESIDENT OF THE RUSSIAN FEDERATION Implementation of international scientific and technical cooperation When applying for patent applications for secret inventions, the patent attorney must have appropriate access to the information constituting a state secret; 4) to interact on behalf of the client, the employer, the employer, and The federal executive body on intellectual property and its patent division, including conducting correspondence, preparing and sending objections to decisions on expertise, statements and other documents, participate in expert and other meetings and meetings; 5) To conduct a legal review of the draft civil treaties on the basis of which the acquisition of exclusive rights to the results of intellectual activity and the means of individualization and the administration of such rights, as well as the exercise of such rights, are carried out. To advise on matters relating to the conclusion and execution of such treaties; 6) to participate as an expert or representative on behalf of the client, the employer, the employer of the court in matters relating to the legal protection the results of intellectual activity and the means of individualization, protection and of intellectual property rights, the acquisition of the exclusive rights to the results of intellectual activity and the means of individualization, as well as the administration of those rights; (7) to exercise other non-prohibited legislation of the Russian Federation The activities of the patent attorney for the interests of the client, the employer, the employer. 2. The powers of the patent attorney to conduct business with the federal executive in intellectual property shall be authenticated by a power of attorney issued by the applicant, the right holder, the employer or other person concerned, and not requiring notarized assurance. In order to confirm, if necessary, the powers of the patent attorney, the federal executive of intellectual property, may request the power of attorney from the patent attorney with subsequent return. If the power of attorney is drawn up in a foreign language, the translation into the Russian language shall be submitted with the power of attorney. 3. The patent attorney is not in a position to accept from the client, the customer, if: 1) has previously participated directly in the examination of the case, which is the subject of the instruction, and to take a decision on it as an employee of the federal executive branch of intellectual property or its organizations; 2) represents or advises persons whose interests are contrary to the interests of its client, the employer, provided that Both parties did not agree. 4. The patent attorney is obliged to refuse an order if the federal executive on the intellectual property and (or) the organizations in charge of the case, which is part of the assignment, is carried out by an employee with whom, or with the direct supervisor of whom, the patent attorney is related. 5. Upon receipt of the case file, which is part of the assignment from the client, the patent attorney is obliged to confirm their receipt and, in the event of termination of his or her activities, or at the request of the attorney, the client or after the expiry of the case The contract or power of attorney must return the case file, which is part of the assignment, unless otherwise provided by the treaty. 6. The patent attorney is obliged to ensure the preservation of the documents produced and/or maintained in the course of carrying out their activities. The patent attorney may not disclose or otherwise disclose the information contained in those documents without the consent in writing of the person of whom he or she represents. Article 5. Public Associations and Self-regulating Patent Counsel 1. Patent attorneys have the right to create, in accordance with the legislation of the Russian Federation, public associations of patent attorneys and (or) to be their members (participants), as well as to establish self-regulating organizations of patent attorneys. 2. The authorized body of the public association or the self-regulating organization of patent attorneys within thirty days from the day of their establishment sends the notice of the establishment of such a public association or such self-regulatory organization and their organization. In accordance with the provisions of the Federal Act No. 152-FZ of 27 July 2006 entitled "On personal data", the Federal Executive Office of the authorities on intellectual property to make appropriate information to the Registry. Article 6. The evaluation of candidates to patent attorneys 1. Certification of candidates to the patent attorneys is carried out by the federal executive body on intellectual property, which is established by a qualification commission headed by an official of the federal executive body authorities on intellectual property. The procedure for the activities of the qualification commission shall be established by the federal executive authority responsible for the regulatory and legal regulation in the field of intellectual property. 2. The Qualification Commission consists of patent attorneys who are nominated by voluntary associations and self-regulating organizations of patent attorneys. The patent attorneys of the qualification commission should be one third of the total number of members of the qualification commission. The patent attorneys belonging to the Qualification Commission are subject to rotation once every three years. 3. Certification of candidates to patent attorneys is conducted at least twice a year. 4. The certification of candidates for patent solicitors includes: 1) the verification of compliance with the requirements of the patent attorney in accordance with article 2, paragraphs 2 and 3, of this Federal Law, with Part 13 of this Law Articles which result in a decision on admission to the qualifying examination or refusal of such admission; (2) the qualification examination, in the course of which the applicant is checked for a patent attorney the necessary knowledge to carry out the activities of the patent attorney and appropriate skills for their practical application; 3) the decision to certify or not to certify on the results of the qualification examination. 5. A citizen who has expressed the desire to obtain the status of a patent attorney is referred to the federal executive authority on intellectual property rights directly or through a multifunctional centre of provision State or municipal services with a statement of certification as a patent attorney, in the form prescribed by the federal executive regulatory authority in the field of intellectual property. and copies of the certificate of higher education, employment and of the Convention on the Rights of the Child in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the In the edition of federal laws of 28.07.2012 N 133-FZ; dated 02.07.2013. N 185-FZ 6. When an application for certification is made as a patent attorney, the qualification commission shall conduct a check of compliance by the citizen expressing the desire to obtain the status of a patent attorney, claims under paragraph 1 of Part 4 of this article, and decides on the admission of him to the qualifying examination or the refusal to admit him to the qualifying examination in the event that the citizen does not meet the patent requirements established by this Federal Act. The procurador or the representative of the Court shall be provided with false information. Citizens who have been allowed to take the examination shall be informed of the time and place of the examination at least one month before the day of the qualifying examination. 7. The qualification examination shall be conducted on the examination assignments approved by the Qualification Commission, in accordance with the qualifications specified in the certification statement as a patent attorney specializing or specialization, including: 1) Inventions and Usable Models; 2) Industrial Samples; 3) Trademarks and Service Marks; 4) Name of Origin of Goods; 5) Programmes for Electronic Computer Machines; databases, integrated circuit topologies. 8. A fee is charged for carrying out the qualification examination, the size and order of which shall be determined by the Government of the Russian Federation. Citizens who have been placed in the qualifying examination in accordance with part 6 of this article may proceed to surrender, subject to submission of a document confirming the payment of the prescribed fee. 9. Within one month from the end of the qualification examination, the qualification commission shall decide whether or not to certify. The decision of the Qualification Commission on the results of the certification will enter into force on the day of its adoption. 10. The qualification board shall not refuse a citizen who has successfully passed a qualification examination as a patent attorney, unless the circumstances of the qualifying examination are revealed after the completion of the qualification examination, Article 2, paragraphs 2 and 3, of this Federal Act, which are an obstacle to the performance appraisal. 11. In case of disagreement with the decision of the Qualification Commission to refuse admission to the qualification examination or the refusal of certification, the citizen has the right to appeal the decision to the appeal commission within three months from the date of receipt. 12. Certification of patent solicitors who have expressed the wish to extend the scope of activities within the areas of specialization prescribed in Part 7 of this article shall be subject to the requirements of this Federal Act and in accordance with its established requirements. Order. 13. A citizen who is denied certification on the results of a qualification examination in accordance with the specialization specified in the certification statement as a patent attorney is allowed to re-certify by this specialization earlier than six months from the date of the decision by the qualification commission to refuse the certification. Article 7. The procedure for registering a patent attorney in the Register 1. Registration of a citizen certified as a patent attorney in the Register is carried out by the federal executive body on intellectual property on the basis of the decision of the Qualification Commission on certification and application A patent attorney in the form prescribed by the federal executive authority in the field of intellectual property and in the absence of article 2, paragraph 4, of this Federal The law of the grounds for refusal of registration. Refusal to register a patent attorney may be challenged in court. 2. An application for registration in the Register can be filed by a citizen who has been certified as a patent attorney to the federal executive body on intellectual property within a period not exceeding three months from the date of adoption Qualification Commission of the decision on certification, with the application of the document confirming the payment of the state duty for issuing the certificate stipulated by the legislation of the Russian Federation on taxes and fees. If the term is missed, it may be reinstated by the federal executive authority on intellectual property on the basis of a citizen's certificate as a patent attorney. 3. From the day of registration of a citizen certified as a patent attorney in the Register, he acquires the status of a patent attorney. 4. The register contains the following information: 1) the registration number of the patent attorney, which is also the license plate number of the patent attorney, and the date of registration of the patent attorney; 2) the surname, name, patronymic Patent solicitor; 3) number and date of the qualification board decision; 4) specialization of the patent attorney; 5) the name of the employer of the patent attorney or indication of their implementation Professional activities independently; 6) The address on the territory of the Russian Federation for correspondence, as well as the e-mail address, telephone number, fax, if any, of the languages in which the correspondence is carried out; 7) the penalties provided for in article 9 and 10 of this Federal Law and applied to the patent attorney; 8) the names of public associations and self-regulating organizations of patent attorneys, of which the patent attorney is a member. 5. The conduct of the Register shall be established by the federal executive authority responsible for the regulation of intellectual property. The patent attorney is required to report any changes to the information specified in part 4 of this article to the federal executive body on intellectual property within thirty days of the occurrence of such changes. to be entered on the Register. The Register also includes information on the exclusion of patent attorneys from the Register and the restoration of their registration. Any person has the right to obtain a statement from the Register of information published in accordance with part 7 of this article by filing an application with the federal executive authority on intellectual property. 6. Within thirty days from the receipt of the application for registration of the patent attorney in the Register and the document confirming the payment of the state duty, the federal executive authority of intellectual property registers Patent solicitor in the Register and gives him the certificate of the patent attorney. The form of the certificate of the patent attorney is established by the federal executive body implementing the regulatory and legal regulation in the field of intellectual property. When the particulars entered in the certificate of the patent attorney are altered as well as the loss of the certificate of the patent attorney of the federal executive authority over the intellectual property upon application of the patent attorney The application of the document confirming the payment of the state fee gives it a new certificate of the patent attorney. 7. The federal executive body on intellectual property publishes the information contained in the Register on its official site in the Internet Information and Telecommunications Network and in the official publication. In the wording of the Federal Law of 11 July 2011, N 200-FZ) Article 8. The procedure for excluding a patent attorney from the Register 1. The exclusion of a patent attorney from the Register is carried out by the federal executive authority under intellectual property on the basis of: 1) the declaration of the patent attorney; 2) the loss of Russian citizenship. Russian Federation; 3) to leave the territory of the Russian Federation for permanent residence; 4) to identify the circumstances under article 2, paragraph 4, of this Federal Law; 5) death or declaration by a court death or missing; 6) court decision Exempting from the Register in accordance with article 10, paragraph 1, of this Federal Act. 2. In the event that the circumstances referred to in paragraphs 2 to 5 of Part 1 of this Article and have served as grounds for the exclusion of a patent attorney from the Register, the federal executive authority on intellectual property shall, The citizen's application reclaims his registration in the Register without having to re-certify the patent attorney. The decision not to reinstate registration in the Register without re-certification of the patent attorney could be challenged in court. 3. The details of the exclusion of a patent attorney from the Registry and of the reinstatement of its registration in the Register are published in the manner prescribed by article 7, paragraph 7, of this Federal Act, specifying the grounds for admission to the Register. solutions. Article 9. Control of certifying candidates for patent attorneys, registration of patent attorneys and their activity 1. In order to supervise the certification of candidates for patent attorneys and activities of patent attorneys, the federal executive body on intellectual property creates an appeal commission. The procedure of the work of the appeals commission shall be established by the federal executive authority responsible for the regulatory and legal regulation in the field of intellectual property. 2. The Appeals Commission shall be composed, together with other persons, of patent attorneys, who shall be nominated by voluntary associations and self-regulating organizations of patent attorneys. Patent attorneys should be one third of the total number of members of the appeals commission. Patent attorneys of the commission of appeal shall be subject to rotation once every three years. 3. The Appeals Board considers: (1) citizens ' complaints against the decision of the Qualification Commission to deny admission to the qualifying examination or to the certification as a patent attorney; 2) complaints filed by patent attorneys, who have expressed the wish to carry out other activities within the specializations covered by article 6, part 7, to the decision of the qualification board to refuse admission to a qualifying examination or to be certified as a patent attorney Specialization; 3) complaints by persons against The rights and legitimate interests of patent attorneys, in violation of the Russian Federation's legislation. 4. Persons who have filed complaints against the patent attorney and patent attorneys for whom such complaints have been filed have the right to participate personally in the appeals commission's consideration of the respective complaints. Complaints are to be considered by the Appeals Commission within thirty days from the date of their receipt. 5. As a result of the examination of the complaints referred to in paragraphs 1 and 2 of part 3 of this article, the appeals commission shall have the right to leave the decision of the qualification commission or to cancel it and to recognize the results of the qualifying examination Satissatisfying or obliging the Qualification Commission to re-examine the examination of the qualifications of the other examiners or to reconsider the issue of admission to the qualifying examination. 6. In the event of a violation of the Russian Federation's patent attorney, as a result of which the right and/or the legal interests of the persons represented are violated, one of the following may be taken into account in the light of the consequences of the appeal. the following decisions: 1) to issue a patent attorney; (2) to petition the federal executive branch on intellectual property with a recommendation to sue for application to the court Patent d' affaires, pursuant to article 10, paragraph 1, of the Federal law. 7. The decision of the Appeals Commission may be challenged in court. Article 10. Collection measures applicable to patent 1. The federal executive body on intellectual property is entitled to apply to the court to apply to the patent attorney such as the suspension of the activity of the patent attorney for a period of up to one year, or Exempting it from the Register for a period of up to three years, with the possibility of subsequent reinstatement, subject to re-evaluation or without certification. 2. In the event that the patent solicitor injured persons whose rights and legitimate interests he represents, the patent attorney is liable under the laws of the Russian Federation. Article 11. Final provisions 1. This Federal Law shall enter into force 90 days after its official publication. 2. The provisions of this Federal Act shall apply to a patent attorney registered in the Register on the date of the entry into force of this Federal Act. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 30 December 2008 N 316-FZ