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On Additions To The Federal Act On The Entry Into Force Of Part Four Of The Civil Code Of The Russian Federation "

Original Language Title: О внесении дополнения в Федеральный закон "О введении в действие части четвертой Гражданского кодекса Российской Федерации"

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On introducing amendments to the Federal Law "On the Introduction of Part Four of the Civil Code of the Russian Federation" July 2014 Approved by the Federation Council on 9 July 2014 Article 1 Federal Law of 18 December 2006 N 231-FZ " On the introduction of Part Four of the Civil OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5497; 2007, No. 31, sect. 3999; 2009, N 1, article 4; 2010, N 16, sect. 1815; 2013, N 27, sect. 3434; 2014, N 11, est. (1100) to supplement articles 13 to 1 as follows: Article 13-1 In the territory of the Russian Federation, exclusive rights to inventions, useful models, industrial designs, as well as trademarks have been recognized. Service signs (hereinafter referred to as trademarks) and the names of places of origin certified by official documents of Ukraine in force as at the date of admission to the Russian Federation of the Republic of Crimea and education in the Russian Federation Federation of New Actors, subject to State registration appropriate inventions, useful models, industrial designs, trade mark, names of place of origin of the goods and the exclusive right of such name to be submitted to the federal executive "On the basis of Article 4 of the Federal Constitutional Law of March 21, 2014" On the admission of the Republic of Crimea to the Russian Federation and the Republic of Crimea ". OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Federal Act of 30 November 1994 on the introduction of Part 1 of the Civil Code of the Russian Federation. A person referred to in part one of this article and who has submitted an application for the registration of inventions, useful models, industrial designs, trademarks or places of origin to the authorized body of the State authority of Ukraine The goods, which on the day of admission to the Russian Federation of the Republic of Crimea and the formation of new subjects in the Russian Federation of new subjects, have not been issued a protected document of Ukraine, have the right to apply to the federal executive body on intellectual property. OF THE PRESIDENT OF THE RUSSIAN FEDERATION State registration of an identical result of intellectual activity or identity means of individualization. Upon application submitted to the federal executive body on intellectual property in accordance with Part Two of this Article, the date of submission shall be fixed by the date of submission of the relevant application to the competent authority The State authorities of Ukraine. The statement and application referred to in parts one and two of this article may be submitted to the federal executive body on intellectual property before 1 January 2015. According to the person referred to in part one of this article, the federal executive body on intellectual property shall make an invention, a useful model, an industrial model, a trademark sign, the name of the place of the origin of the goods and the granting of the exclusive right to such name in the State Register of Inventions of the Russian Federation, State Register of Usable Models of the Russian Federation and the State Register, respectively THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION A sample or certificate of the exclusive right of the place of origin of the goods. The duration of the exclusive right of invention, useful model, industrial model, trade mark, the name of the place of origin of the goods granted in the manner provided for in this article shall be determined in accordance with The Civil Code of the Russian Federation is calculated from the day of submission of the relevant application to the authorized body of the state power of Ukraine. Other times, the calculation of which is calculated according to the Civil Code of the Russian Federation from the date of submission of the application, on applications filed in accordance with Part Two of this article shall be calculated from the date of admission to the federal authority Executive authority on intellectual property with respect to the relevant application of the last document required under the Civil Code of the Russian Federation to set the date of application. The legally relevant actions referred to in paragraph 5 of this article are carried out by the federal executive body on intellectual property without checking the conformity of the invention, the useful model, of an industrial model, a trademark, the name of the place of origin of the goods established by the legislation of the Russian Federation, the conditions for the patentability of inventions, a useful model, an industrial pattern and requirements for a trademark, The name of the place of origin of the goods, as well as the collection of patent and other items. duties. The form of the declaration and the list of documents that are the basis for the implementation of the legally relevant actions referred to in Part 5 of this Article, the rules for their preparation, submission and consideration shall be established by the federal authority The executive branch of the Government is intellectual property. The Russian Federation's patent for invention, useful model or industrial sample issued in the manner provided for by this article may be declared invalid, in whole or in part, on the basis of and in the manner in which established by articles 1248 and 1398 of the Civil Code of the Russian Federation. The provision of legal protection to a trademark in the manner provided for in this article may be contested and found to be invalid on the basis of and in accordance with the procedure set out in articles 1248, 1512 and 1513 of the Civil Code. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The provision of legal protection to a trademark in the manner provided for in this article may not be contested and declared null and void on the grounds of inconsistency with article 1483, paragraph 6, of the Civil Code of the Russian Federation. The provision of legal security to the name of the place of origin of the goods and the exclusive right to that name in the manner provided for in this article may be contested and found to be invalid on the grounds and in order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the cases provided for in the tenth to thirteenth articles of this article, the conditions for the patentability of the invention, the useful model, the industrial model and the requirements for the trademark, the name of the place of origin of the goods and the name of the place of origin shall apply. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Actors. The provision of legal protection to a trademark in the manner provided for in this article is not a ground for refusing to grant legal protection to a trademark on an application filed prior to the date of admission to the Russian Federation. The Republic of Crimea and the formation of new subjects in the Russian Federation, challenges and recognition of invalid legal protection for a trademark registered on such a request. Recognition of the operation of exclusive rights to invention, useful model, industrial sample, trade mark, name of place of origin of the goods may be challenged in court if it is produced in violation of the provisions of the parts of this article. The granting of the exclusive right of application, which is provided for in part two of this article, may be challenged in court if it is made in violation of the provisions of Parts Two to 4 of this Article. The provisions of article 1361 of the Civil Code of the Russian Federation apply to a person who, until the date of admission to the Russian Federation of the Republic of Crimea and the formation of new constituent entities in the Russian Federation, has used in good faith the The territory of the Republic of Crimea, a decision, a similar invention, a useful model or an industrial model certified by the patent of the Russian Federation, or in good faith, has used a solution in the territory of the Russian Federation, a similar invention, model or industrial sample, exclusive action the rights to which are recognized under this article, or have made the necessary preparations, regardless of whether such preparations have commenced, before or after the date of priority of the relevant Inventions, utility models or industrial designs. Disputes relating to the protection of violated or disputed intellectual rights regulated under this article shall be considered and resolved by agreement of the parties to the dispute, including on the mediation procedure, or court. Disputes relating to the protection of violated or disputed intellectual rights on trade marks or place of origin for goods regulated under this article may also be authorized by the court by imposing an obligation on the disputing parties to use the trade mark or the name of the place of origin of the goods in such a way that such use excludes the ability of the trade mark or the name of the place of origin to enter The consumer is misled about the product or its manufacturer. ". Article 2 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 21 July 2014 N 252-FZ