RUSSIAN FEDERATION FEDERAL LAW amending the first, second and fourth Civil Code of the Russian Federation and separate pieces of legislation Russian Federation adopted by the State Duma on 25 February 2014 Approved by the Federation Council on 5 March 2014 Article 1 Article 1, paragraph 3 of chapter 23, part one " Article 358-18. A log of exclusive rights 1. Exceptional rights to the results of intellectual activities and equalized means of individualization of legal persons, goods, works, services and enterprises (art. 1225, para. 1) can be the subject of bail to the extent of the rules of the present The Code allows for their alienation. 2. State registration of the guarantee of exclusive rights is exercised in accordance with the rules of Title VII of this Code. 3. The guarantee of an exclusive right to the result of intellectual activity or to a means of individualization is the general provision on bail (Articles 334-356) and the Bail Agreement on the Exclusion of exclusive rights and the The licence (sublimental) treaty is subject to the pledge of obligations (articles 358-1 to 358-8), since otherwise not established by this Code and does not derive from the content or nature of the rights in question. 4. Under the contract of the guarantee of an exclusive right to the result of intellectual activity or to a means of individualization, the holder shall be entitled to use the result of the contract without the consent of the holder without the consent of the holder. activities or such means of individualization and the exercise of the exclusive right to such result or to such a remedy, except in the case of the exclusion of the exclusive right, unless the treaty provides otherwise. The holder shall not be entitled to dispose of the exclusive right without the consent of the holder, unless otherwise stipulated by the contract. ". Article 2 Amend Part Two Civil Code of the Russian Federation (Collection of Russian legislation, 1996, N 5, p. 410; 2006, N 52, sect. (5497) The following changes: 1) in the first article of the 727 words "which may be regarded as a trade secret (article 139)" should be replaced by the words "in respect of which the holder has a commercial secret regime"; 2) Article 1028, paragraph 2, should read: " 2. The right to use in the business activity of the user of the complex of exclusive rights under the contract of a commercial concession is subject to the state registration in the federal executive body of the executive authorities on intellectual property. In case of failure to comply with the requirement of State registration, the granting of the right of use is considered to be invalid. "; 3) in the second paragraph of article 1031, paragraph 2, the word" contract "shall be replaced with the words" the granting of the right of use in the Business activities of the user of the complex of rights-holders of exclusive rights under the contract. " Article 3 Amend Part Four of the Civil Code of the Russian Federation (Collection of Russian legislation, 2006, N 52, 5496; 2008, N 27, est. 3122; N 45, sect. 5147; 2010, N 8, sect. 777; N 9, est. 899; N 41, est. 5188; 2011, N 50, sect. 7364; 2013, N 27, est. 3477, 3479; N 30, est. 4055) the following changes: 1) in article 1227: (a) in the name of the word "ownership" should be replaced by the words "property rights"; (b) paragraph 1, after the words "property rights", add the words "and other proprietary rights"; (c) In paragraph 2, replace "paragraph 2 of article 1291" with the words "paragraph 2 of article 1291"; , add the following: " 3. The provisions of section II of the present Code are not applied to intellectual rights unless otherwise provided by the rules of this section. "; (2) in article 1229: (a), paragraph 3, amend to read: " 3. In the event that the exclusive right to the result of an intellectual activity or to a means of individualization is shared by several individuals, each right holder may use such a result or such means in its own right Unless otherwise provided in this Code or by an agreement between the rights-holders. The relationship between the persons to whom the exclusive right belongs together is governed by an agreement between them. The exception to the right to the result of intellectual activity or to a means of individualization shall be exercised jointly by rights holders, unless the present Code or agreement between the rights holders provides otherwise. The proceeds from the sharing of the result of the intellectual activity, or the means of individualization or the joint management of the exclusive right to such a result, or to such a result shall be allocated to all rights holders in equal shares, unless otherwise stipulated in the agreement. Each right holder has the right to take measures to protect his or her rights to the result of intellectual activity or to a means of individualization. "; b), paragraph 4 should read: " 4. In the cases referred to in article 1454, paragraph 3, article 1466, paragraph 2, and article 1518, paragraph 2, of the present Code, autonomous exclusive rights to the same result of intellectual activity or to the same means individualization can belong to different individuals at the same time. "; 3) add the following content to article 1231-1: " Article 1231-1. Objects that include the official symbols, names and decals 1. No legal protection is provided as an industrial model or as a means of individualizing objects that reproduce or simulate official symbols, names and distinguishing signs or their recognizable parts: 1) State symbols and symbols (flags, coats of arms, orders, money and so on); (2) abbreviated or full names of international and intergovernmental organizations, their flags, herbs, other symbols and signs; 3) Official control, guarantee or test stamps, seals, awards and other insignia. 2. The official symbols, names and distinguishing signs specified in paragraph 1 of this article may be included in an industrial sample or a tool of individualization as an unguarded element, if so with the consent of the competent State organ, an organ of an international or intergovernmental organization. "; 4) in article 1232: (a), paragraph 1 should be supplemented with the following paragraphs: " The right holder is obliged to notify a federal body, respectively Executive authorities on intellectual property and the federal executive branch on selection achievements (Article 1246) on the modification of the state registration of the result of intellectual activity or the means individualization of information about rights holder: name or name, location or place of residence and address for correspondence. The risk of adverse consequences in the event that such notification to the relevant federal executive authority has not been made or is not credible is vested in the right holder. The federal executive body on intellectual property and the federal executive body on breeders can make changes in the state registration of the result the intellectual activity or the means of individualization, to correct obvious and technical errors on its own initiative, or at the request of any person having previously notified the right holder. "; b), paragraph 3 should be stated in , to read: " 3. State registration of the exclusion of the exclusive right to the result of intellectual activity or the means of individualization of the contract, State registration of the guarantee of this right, as well as state registration of the granting of the right The use of such a result, or such a contractual instrument, shall be made on the application of the parties to the contract. A statement may be made by the parties to the treaty or by one of the parties to the contract. In the case of a declaration by one of the parties to the treaty, the application must be accompanied at the choice of the applicant by one of the following documents: signed notice of the exclusive right signed by the parties to the treaty; notarized statement from the contract; the contract itself. In the statement of the parties to the treaty, or in a document appended to the declaration by one of the parties to the contract, you must specify: treaty type; details of the contract; subject of the contract with the number A document certifying the exclusive right to the result of intellectual activity or to a means of individualization. In the case of the State registration of the exercise of the right to use the result of intellectual activity or the means of individualization, together with the particulars referred to in paragraphs 7 to 9 of this paragraph, in the application the parties to the treaty or in a document appended to a declaration by one of the parties to the treaty must specify: the duration of the contract, if the term is defined by the treaty; territory on which the right of use is granted the result of an intellectual activity or a means of individualization, if The territory is defined by the treaty; the treaty's means of using the result of the intellectual activity or goods and services in respect of which the right to use a means of individualization is provided; consent to be granted the right to use the result of an intellectual activity or a sublimental contract, if consent is given (art. 1238, para. 1); unilaterally. In the case of State registration of the guarantee of the exclusive right, together with the particulars referred to in paragraphs 7 to 9 of this paragraph, in the declaration of the parties to the treaty or in a document appended to the declaration by one of the parties to the treaty, must be specified: the duration of the pledge contract; restrictions on the right of the holder to use the result of the intellectual activity or the means of individualization or to dispose of the exclusive right to such result or by such means. "; in) in paragraph 4 of the word" or means " individualization "delete; g) paragraph (6) should read: " 6. In case of failure to comply with the requirement of State registration of the transfer of the exclusive right to the result of intellectual activity or to a means of individualization of the exclusive right or without a contract, the guarantee of the exclusive right to an exclusive right The right to grant or grant to another person the right to use such a result, or to grant the right to use the exclusive use of such a result, is deemed to be invalid. "; 5) paragraph 5 of article 1233 Amend the text as follows: " 5. The right holder can make public, that is, by means of an indeterminate circle of persons, an application to grant every person the opportunity to use his work of science, literature or art, or an object of adjoining rights at certain rights holders and within the time limit specified by the right holder. During that period, any person is entitled to use the work or the subject of the related rights at certain rights holders. The statement is made by posting on the official website of the federal executive authority on the Internet. The federal executive authority responsible for the posting of the relevant statements, as well as the procedure and conditions for their placement, shall be determined by the Government of the Russian Federation. The statement must contain information that identifies the right holder and its work or related rights. In the absence of an application by the right holder, the term is considered to be five years. In the absence of a statement by the right holder, the territory is deemed to be the territory of the Russian Federation. The application cannot be withdrawn and its terms of use cannot be limited during the duration of the application. The right holder is not authorized to perform these activities, subject to the existence of a valid licence contract, under which an exclusive licence is granted for the use of the work or the subject of adjacent rights within the same limits. In the event that the right holder performs the act in the presence of a valid licence contract for which a non-exclusive licence is granted for the use of the work or the subject of related rights within the same limits, Such a treaty is terminated. A person who has made an appropriate declaration, subject to the existence of a valid licence contract, shall compensate the licensee. The author or other right holder, in the event that the exclusive right to a work or an object of related rights is violated by the improper disposition of a declaration made under this paragraph, is entitled to apply to A violator of the protection of the exclusive right under article 1252 of the present Code. The provisions of this paragraph do not apply to open licences (article 1286-1). "; 6) in article 1234: (a), paragraph 2, amend to read: " 2. The exclusive right contract is concluded in writing. Failure to comply with a written form shall render the contract null and void. The contract shall be subject to State registration in cases and in the manner provided for in article 1232 of this Code. "; b), paragraph 3, should be added to the following paragraph: "Remuneration for the exclusive right contract may be made in the form of fixed, occasional or periodic payments, interest income from income (revenue) or otherwise."; in) 3 to 1, to read: " 3-1. Non-grant exclusion of exclusive right between commercial entities, unless otherwise provided for in this Code; "; d), paragraph 4 should read: " 4. An exclusive right to the result of intellectual activity or to a means of individualization passes from the right holder to the transferee at the time of the conclusion of the exclusive right contract, unless the agreement of the parties provides otherwise. If the transfer of exclusive right under the exclusive right contract is subject to State registration (art. 1232, para. 2), the exclusive right to such a result or to such a remedy is transferred from the right holder to the transferee in the paragraph 2, second paragraph 5, paragraph 5, paragraph 5 Remuneration for the acquisition of exclusive right of rights holder may waive the contract unilaterally and claim damages caused by the avoidance of the contract. The contract shall cease upon expiry of the thirty-thirty-day period from the date of receipt of the notification of a waiver of the contract if the purchaser has not performed the obligation to pay the remuneration. "; 7) in article 1235: (a) Paragraph 2 should read: " 2. The licence contract shall be concluded in writing, unless otherwise provided by this Code. Failure to comply with a written form renders the licence contract null and void. The granting of the right to use the result of intellectual activity or the means of individualization under a licence contract is subject to state registration in the cases and in the manner provided for by article 1232 of the present Code. "; b) paragraph 5, add the following paragraph: " Payment of remuneration under a licence contract may be made in the form of fixed or periodic payments, interest on income (revenue) or in other form. "; in) add 5-1, to read: " 5-1. The right to use the result of intellectual activity or the means of individualization between commercial entities throughout the world and for the duration of the exclusive right is not allowed Under exclusive licence, unless otherwise specified by this Code. "; g) in paragraph 6 (1) of the word" and the date of issue ", delete; 8), add the following content: 1-1. Licensor is not entitled to use the result of an intellectual activity or a means of individualization where the right to use such a result, or such a means of individualization, is granted to the licensee under the contract The terms of the exclusive licence, unless otherwise provided for in this treaty. "; 9) in article 1237: (a), paragraph 1, should read: " 1. Licensee is required to submit to the licensor reports on the use of the result of the intellectual activity or the means of individualization, unless otherwise provided in the licence contract or by this Code. If the licence agreement to report on the use of the result of intellectual activity or the means of individualization does not have the terms and order of their submission, the licensee is obliged to represent them. { \b Reports to the licensor by its demand. } { \field 4 } { \b } { \b } { \b } Subject to a fundamental breach by the licensee of the obligation to pay the licensor under the license agreement for granting the right to use the result of the intellectual activity or the individualization of the licensor may opt out of the licence contract unilaterally and may claim damages caused by its avoidance. The contract shall expire at the end of the thirty-day period from the date of receipt of the notification of non-contract, if in that period the licensee did not perform the duty to pay the remuneration. "; 10), in the first paragraph of article 1240, paragraph 1, of the Covenant Replace "single technology" with "databases"; 11) in article 1243: (a), paragraph 1 should read: " 1. The Organization for the Management of Rights, on a collective basis, concludes licensing contracts with users for the rights they have been given to the rights holders, to the appropriate ways of using copyright and related rights in the context of a simple (non-exclusive) license, and is collecting fees from users for the use of these objects. In cases where the objects of copyright and neighbouring rights under this Code can be used without the consent of the rights holder, but with payment to him, the organization for the management of rights on a collective basis by users, other persons who are charged with the payment of remuneration, compacts and funds for these purposes by the present Code. The Organization for Collective Rights Management cannot deny the user the conclusion of a treaty without sufficient grounds. "; b) to supplement paragraph 6 with the following: " 6. The failure of the organization to administer the rights on a collective basis of remuneration collected for the right-holder, as a result of its violation of the rights management procedure established by this Code, results in the application of protective measures to that organization. the exclusive right under Article 1252 of this Code. "; 12) Subparagraphs 1 and 2 of Article 1244 read: " (1) Management of exclusive rights to public works (with or without text) and musical excerpts Works with regard to their public performance, messages on air or cable, including by relaying (art. 1270, paras. 6-8-1); 2) exercise of the rights of authors of music (with or without text), or the cables of such an audio-visual work (art. 1263, para. 3); article 1246, as follows: editions: " Article 1246. State regulation of relations in the field of intellectual property 1. In the cases provided for in this Code, the issuing of regulatory legal acts for the regulation of intellectual property relations relating to copyright and related rights is carried out by the authorized federal authority The executive branch, which implements the regulatory and legal regulation in the field of copyright and related rights. 2. In order to regulate intellectual property relations related to inventions, utility models, industrial designs, computer programs, databases, integrated circuit topologies, trademarks and signs The Conference of the Parties serving as the meeting of the Parties to the Protocol: Objections, motions and so on. (a) The basis for the implementation of the legally relevant actions referred to in paragraph 3 of this article shall establish rules for the preparation and submission of such documents, rules and procedures for their consideration, including criteria for taking decisions on The results of the consideration of these documents and the issuance of other legal instruments in the cases provided for in this Code. 3. Legally relevant actions on the State registration of inventions, utility models, industrial designs, computer applications, databases, integrated circuits, trademarks and service marks, names of places of origin goods, including the receipt and examination of relevant applications, the issue of patents and certificates attesting the exclusive right of their holders to such results of intellectual activity and to such means of individualization and, in cases, The law also has other legal protection actions The results of intellectual activity and means of individualization are carried out by the federal executive body on intellectual property. In the cases provided for in articles 1401-1405 of this Code, the federal executive authorities authorized by the Government of the Russian Federation may also exercise the actions referred to in this paragraph. 4. With regard to the selection achievements, the functions referred to in paragraphs 2 and 3 of this article shall be carried out by the duly authorized federal executive body responsible for the regulation of agriculture, and The federal executive branch on the selection achievements. 5. The Government of the Russian Federation is entitled to set the rates, order and deadlines for remuneration for service inventions, utility models, industrial designs. These rates, the order and the time limits apply if the employer and the employee have not entered into a contract establishing the size, terms and conditions of remuneration for the service invention, the service utility model, the service industrial sample. 6. The Government of the Russian Federation is entitled to establish minimum rates, the procedure for the collection, distribution and payment of remuneration for certain uses of works, performance and sound recordings in cases where, in accordance with the law, The results of the intellectual activity are carried out with the consent of the rights holders and the remuneration paid to them. The Government of the Russian Federation has the right to set remuneration rates, the procedure for the collection, distribution and payment of remuneration for the use of works, executions and phonograms in cases where, in accordance with the law, The use of such intellectual activity results without the consent of the rights holders, but with payment of compensation. "; 14) in article 1247: (a) in paragraph 1, the word" interested " should be deleted; (b) In paragraph 2: , in the second paragraph, the word "interested" should be deleted; , in the third paragraph, "issued by the applicant, right holder or other interested person", delete; 15) in article 1248, paragraph 3, "and the Patent Chamber of Patent Disputes", delete; 16) In paragraph 1 of article 1249 the words "and treaties on the administration of those rights" should be replaced by the words ", with State registration of the guarantee of those rights and the right to use the results of intellectual activity or means of individualization". of the Contract "; 17), amend article 1250 to read as follows: " Article 1250. Protection of intellectual rights 1. Intellectual rights are protected in the manner prescribed by this Code, taking into account the essence of the right violated and the consequences of a violation of this right. 2. The means of protection of intellectual rights provided for in this Code may be applied at the request of rights holders, collective rights management organizations and other persons in cases established by law. 3. The penalties provided for in this Code for infringement of intellectual property are subject to the fault of the offender, unless otherwise stipulated by this Code. No fault shall be proved by the person in breach of intellectual rights. Unless otherwise established by this Code, the measures of liability for the violation of intellectual rights by the perpetrator in the exercise of their knowledge, as provided for in article 1252, paragraph 1, and 1252, paragraph 3, of this Code business activities, to be applied independently of the fault of the offender, unless such person proves that the violation of intellectual rights has occurred due to force majeure, that is, extraordinary and non-preventable under these conditions circumstances. 4. A person who, in the absence of his or her fault, has been subject to the provisions of article 1252, paragraphs 3 and 4, and article 1252, paragraph 3, of this Code, has the right to bring a claim for compensation for damages suffered, including: Amounts paid to third parties. 5. The absence of fault by the offender does not relieve him of the duty to stop the violation of intellectual rights and does not exclude the application of measures such as the publication of the court's decision on the violation (art. (1252), the suppression of acts violating the exclusive right of the result of intellectual activity or the means of individualization or the threat of a violation of such right (art. 1252, subpara. 2), seizure and destruction of counterfeits (art. 1252, para. 1). These actions are carried out at the expense of the offender. "; 18) in article 1251, paragraph 2, the words" article 1295, paragraph 3 "shall be replaced by the words" paragraph 4 of article 1295 "; 19) in article 1252: . editions: " 1. The protection of the exclusive rights to the results of intellectual activity and the means of individualization shall be exercised, inter alia, by presenting the requirements of this Code: 1) on the recognition of the right to a person, which denies or otherwise does not recognize the right, thereby violating the interests of the right holder; (2) to suppress acts that violate the law or threaten to violate the right of the right holder, to the person who engages in such action or the necessary preparations for them, as well as to other persons who can stop such action; 3) to recover damages-to a person who improperly used the result of an intellectual activity or a means of individualization without entering into an agreement with the right holder (non-contractual use) or otherwise which violated his or her exclusive right to compensation, including his right to remuneration under article 1245, article 1263, paragraph 3, and article 1326 of the present Code; 4) on the removal of the material carrier from in accordance with paragraph 4 of this Article-to its manufacturer, importer, Custodian, carrier, seller, other distributor, dishonest purchaser; 5) on the publication of the court's decision on the violation, with the order of the right holder-to the violator of the exclusive right. "; (b) Paragraph 2 should read: " 2. In order to secure a claim for the violation of the exclusive right, the proportionate amount and nature of the offence may be subject to interim measures of protection, as established by procedural law, including the arrest of the following: Material, equipment and materials, prohibition of appropriate action in information and telecommunications networks, if such material, equipment and materials or related to such acts are put forward of the exclusive right to intellectual property or the means of individualization. "; ), paragraph 3, paragraph 3, should read: " If one action violated the rights to multiple outcomes of intellectual activity or means of individualization, " The amount of compensation is determined by the court for each inappropriately used result of the intellectual activity or the means of individualization. In this case, if the right to the result or the means of individualization is vested in one right holder, the total amount of compensation for violation of rights on the basis of the nature and consequences of the breach may be reduced by the court below the limits set by this Code, but shall not be less than fifty per cent of the sum of the minimum amounts of all compensation for the violations committed. "; , paragraph 6, amend to read: " 6. If different means of individualization (trade name, mark, service symbol, commercial description) are equal or similar to the degree of mixing, and as a result of such identity or similarity may be introduced in delusion of consumers and (or) counterparties, the advantage has the means of individualization, the exclusive right to which has arisen earlier, or in cases of conventional or exhibition priority the means of individualization that has is an earlier priority. If the tool of individualization and the industrial model are identical or similar to the degree of mixing, and as a result of identity or similarity may be misled by consumers and (or) counterparties, the advantage has a means of individualization or an industrial specimen, the exclusive right of which has arisen earlier, or in the case of establishing a convention, exhibition or other priority, a means of individualization or an industrial pattern, which has a higher priority. The holder of such exclusive right, in accordance with the procedure established by this Code, may require the annulment of the provision of legal protection for the trademark, service and recognition of the invalid patent on the basis of Commercial pattern or partial or partial ban on the use of the trade name or designation. For the purposes of this paragraph, the partial prohibition of use is: for a trade name to prohibit its use in certain activities; prohibition of its use within a given territory and (or) in certain activities. "; d) to supplement paragraph 6-1 as follows: " 6-1. In the event that a single violation of the exclusive right of the result of an intellectual activity or the means of individualization is carried out by the actions of several persons jointly, such persons shall be in charge of the right holder of solidarity. "; 20) 1253, amend to read: " Article 1253. Liquidation of a legal person and termination of the activity of an individual entreprenely in connection with exclusive rights In the event of a legal person repeatedly or grossly violates the exclusive The right to results of intellectual activity and the means of individualization, the court, in accordance with article 61, paragraph 2, of this Code, may, in the presence of such a legal person, in violation of exclusive rights, decide to eliminate it at the request of the prosecutor. If such violations are committed by a citizen in the conduct of business as an individual entrepreneor, the activity of a citizen as an individual entrepreneor may be terminated if he is guilty of Violation of the exclusive rights by decision or sentence of a court in accordance with the procedure established by law. "; 21) in article 1254, the words", 1252 and 1253 "shall be replaced by the words" and 1252 "; 22) in article 1255, paragraph 3, of the words" the use of a service "replace the words" work product "; 23) in the article 1257 The second sentence should read as follows: " A person who has been identified as an author on the original or copy of a work or otherwise in accordance with article 1300, paragraph 1, of this Code shall be considered as its author unless proven other than. "; 24) paragraph 2 of article 1260, after the words" databases, "should be added to the words" Internet site, "; 25) in article 1262: (a) paragraph 5 of paragraph 2 should be declared void; b) in paragraph 2 Paragraph 3 of the words "the publication of the information in the official bulletin" should be replaced by " State registration of computer software or databases "; , paragraph 5, amend to read: " 5. The transfer of the exclusive right to a registered computer program or database to another person under a treaty or without a treaty is subject to State registration in the federal executive authority on intellectual property. "; (g) To supplement paragraph 5-1 as follows: " 5-1. According to the right holder, the federal executive body on intellectual property makes changes relating to the information about the copyright holder and/or the author of the computer program or database, including the name or name The right holder, his location or place of residence, the name of the author, the address for correspondence, as well as changes related to the correction of obvious and technical errors, to the Inventory of Computer Programs or the Register of Databases and the Certificate of State registration. The federal executive body on intellectual property may amend the Register of Software or Database Registry to correct obvious and technical errors on its own initiative or at the request of any a person having previously notified the right holder. The Federal Executive of the Intellectual Property Office publishes in the Official Gazette information about changes in entries in the Register of Software for the computer or the Register of Databases. "; 26) in article 1263: (a) Paragraph 3 should read: " 3. The authors of a musical work (with text or without text) used in the audiovisual work retain the right to remuneration for those species when they are either broadcast or broadcast on the broadcast or by the cable of the audiovisual work the use of their music. "; b), paragraph 4 should read: " 4. The rights of the manufacturer of the audiovisual work, i.e. the person who has organized the creation of this work (producer), shall be determined in accordance with article 1240 of this Code. The manufacturer shall have the exclusive right to the audiovisual work as a whole, unless it is derived from the contracts concluded by him with the authors of the audiovisual work referred to in paragraph 2 of this article. The manufacturer of any use of an audiovisual work is entitled to indicate its name or name or to require such guidance. In the absence of evidence by the other manufacturer, the person whose name or name is normally identified in this work is normally recognized. "; 27), to supplement paragraph 3 with the following: " 3. In the cases provided for in article 1233, paragraph 5, and article 1286-1, paragraph 2, of the present Code, the author may agree to the future modifications, reductions and additions to his or her work, to be supplied to him for use in illustrations and For explanations, if necessary (error correction, clarification or completion of factual information, etc. ), provided that this is not distorted by the intention of the author and does not violate the integrity of the perception of the work. "; 28), article 1269, should read: " Article 1269. The right to withdraw 1. The author is entitled, pending the actual publication of the work, to refuse the previously adopted decision on his or her disclosure (the right to withdraw), provided that the person to whom the exclusive right to work is granted or granted the right to work is compensated of the use of the work caused by the loss. 2. The rules of this article do not apply to computer programmes, to official works and to works included in a compound (art. 1240). "; 29) in article 1270 (2): (a), subparagraph 1, amend to read: " 1) Playback of a work, that is, the production of one or more copies of the work or parts thereof in any material form, including in the form of sound or video recording, production in three dimensions of one or more copies Two-dimensional works and in two dimensions of one and more instances of the three-dimensional works. The recording of the product on electronic media, including computer memory, is also considered reproduction. It is not considered to be a short-term recording of a work that is temporary or incidental, and forms an integral and essential part of a technological process with the sole purpose of lawful use of the work or an information broker between third parties on the transmission of a work in an information and telecommunications network, provided that the record does not have an independent economic value; "; b) in subparagraph 7 of the word "(including display or performance)" and the words " (including by (relaying) "delete; in) in subparagraph 8 of the word" (including by relaying) "delete; g) to add to (8-1) the following: " 8-1) Relay, that is the reception and simultaneous communication (including via satellite) or the cable of the full and permanent radio or television transmission or its essential part, reported on air or cable by the organization of airway or cable broadcasting; "; 30) in article 1272 words" The published work "shall be replaced by the words" the work is rightfully "; (31) In article 1273 (1): (a), subparagraph (2) should be supplemented by the words ", except as provided for in article 1280 of this Code"; b), paragraph 4, amend to read: " (4) Rendition of Books (full) and texts (article 1275), that is to fax them by any technical means, not for the purposes of publication; "; 32) in article 1274: (a) in paragraph 1: sub-paragraph 1 in the following edition: " 1) quoting in the original and in scientific translation, The author of the author's creative work in the volume, justified by the purpose of the quotations, including the reproduction of excerpts from newspaper and magazine articles in the field of polemical, critical, informational and educational purposes Print reviews; "; sub-paragraphs 3-6 of the following edition: " 3) to reproduce in a periodical printed publication and then distribute copies of the publication, broadcast or cable; the universal periodic report of the Publication of articles on current economic, political, social and religious matters, or transmitted to the general public in cases of the same kind in cases where such reproduction, communication, communication were not expressly prohibited by the author or other rights holder; 4) in the periodical printed publication and subsequent distribution of copies of the publication, broadcast or cable, Publicly delivered political speeches, appeals, reports and similar Works in an amount justified by the information objective. The authors of such works retain the right to use them in collections; 5) reproduce, distribute, broadcast and cable, and bring them to the general attention in the reviews of current events (in particular by means of photographs, cinematography, television and radio) of works that become visible or heard in the course of such events, in an amount justified by the information purpose; 6) public execution of the rightfully published works of the Convention on the Implementation of the Convention on the Extraction of profit in educational organizations, medical organizations, social services institutions and penal correction system institutions by employees (employees) of organizations and institutions and persons, respectively by the organizations and institutions maintained or contained in these institutions; "; add the following to subparagraph 7: " (7) Entry on electronic media, including computer memory, and upgrading to Universal knowledge of abstracts of theses. "; b) paragraph 2 Amend the text as follows: " 2. Instantiation of rightfully published works in formats intended solely for use by blind and visually impaired persons (relief-relief and other special means) (special formats), as well as reproduction and The distribution of such copies without the purpose of profit shall be permitted without the consent of the author or other holder of the exclusive right and without remuneration, but with a mandatory indication of the author's name, the work of which is used, and the source of the borrowings. Libraries can provide blind and visually impaired copies of works created in special formats, temporary free use of the home, and by providing access to them through Information and telecommunications networks. A list of special formats, as well as a list of libraries providing access through information and telecommunications networks to instances of works created in special formats, and the manner in which such access is granted shall be determined. The Government of the Russian Federation. Any further reproduction or communication in a different format of the copy of the product intended solely for use by blind and partially sighted persons is not allowed. The provisions of this paragraph do not apply to works created for use in special formats, as well as for phonograms consisting mainly of musical works. "; , paragraph 3 The following wording: " 3. It is permissible without the consent of the author or other rights holder and without remuneration of the typhoon, the supply of the works by sign language interpretation in order to facilitate the perception of the work by persons with disabilities. "; (d) supplement paragraph 4 with the following: " 4. The creation of a work in the genre of literary, musical or other parody, or in the genre of caricature on the basis of the other (original) rightfully published work and the use of these parodies or cartoons, is permitted without the consent of the author or of the exclusive right to the original work and without remuneration of the original, "; (33) article 1275, set out as follows: " Article 1275. Free use of works by libraries, archives and educational organizations 1. Publicly accessible libraries, as well as archives, whose archival records are not restricted, provided that the purpose of profit is not reached without the consent of the author or other rights holder and without payment of remuneration Free use (including in the mutual use of library resources) originals or copies of works lawfully commissioned in civil turnover. However, copies of works in electronic form may be made available for temporary free use only in the library or archive premises, provided that the possibility of further making copies of the works in the library is excluded Electronic form. 2. Publicly accessible libraries, as well as archives, whose archival documents are not restricted, provided that the purpose of profit is not reached is to the right without the consent of the author or other rights holder and without remuneration, but with mandatory instruction The author's estate, the work of which is used, and the source of borrowing to create single copies, including in electronic form, copies of works owned by them and legally entered into the civil turnover: 1) for purposes { \cs6\f1\cf6\lang1024 } Security and { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } worn, spoiled, defective copies of works; single and (or) rare copies of works, manuscripts that may result in loss, damage, or destruction; instances The works recorded in machine-readable media for which the necessary funds are not available; copies of works that have an exclusively scientific and educational value, provided that they have not been reissued 10 years from the date of their publication in the territory of the Russian Federation Federation; 2) to repair, replace lost or damaged pieces of works, and to provide copies of works to other publicly accessible libraries or archives, access to archive documents that are not restricted. 3. Copies of copies of pieces made in electronic form in accordance with paragraph 2 of this article may be made available to users subject to the conditions laid down in paragraph 1 of this article. 4. Libraries receiving copies of the dissertations under the Compulsory Instance Law, provided that the purpose of profit is not available without the consent of the author or other rights holder and without remuneration, but c A mandatory indication of the name of the author, the product of which is used, and the source of borrowing to create single copies of such dissertations, including electronic copies, for the purposes set out in paragraph 2 of this article. Copies of dissertations created in electronic form may be made available to users subject to the conditions laid down in paragraph 1 of this article. 5. Publicly accessible libraries, as well as archives, whose archival documents are not restricted, provided that the purpose of profit is not reached is to the right without the consent of the author or other rights holder and without remuneration, but with mandatory instruction The author's estate, the work of which is used, and the source of borrowing to create in a single copy and provide copies, including in electronic form, separate articles and small volumes, legitimately published in collections, newspapers and other periodicals, short passages The published works (with illustrations or without illustrations) of citizens ' requests for scientific and educational purposes. 6. Educational organizations, provided that the purpose of profit is not achieved without the consent of the author and without payment of remuneration, but with the obligatory indication of the author's name, the work of which is used, and the source of the borrower's borrowings, Number in electronic form, selected articles and small volumes, published in collections, newspapers and other periodicals, short excerpts of other legally published written works (c or without illustrations) and provide these copies to the students and Teaching staff for examinations, classroom training and self-training in the required quantities. 7. The State archives may, within the limits of its competence, create single copies of the works on the Internet for storage in the archives, with the exception of subsequent reproduction and communication. "; 34) Article 1276 should read as follows: " Article 1276. Free use of the work, constantly in place, open for free visit 1. Can be produced without the consent of the author or other rights holder and without payment of remuneration for reproduction and distribution of manufactured copies, communication or cable, bringing the work of fine art to all or a photographic work that is permanently in place open to a free visit, unless the image of the work is the main object of use or the image of the work is used for purposes profit-making. 2. Free use is allowed by reproduction and distribution of manufactured copies, messages on air or cable, bringing to all information in the form of images of architecture, town planning and works Art. 1277, after the words "public execution", add the words "rightfully published"; (36) in the article 1280: a) the name should read: " Article 1280. The right of the user of the computer program and the database "; b number in the course of their use in accordance with their designation), including records and storage of computers (one computer or one user of the network), application to computer software or a database of changes solely for the purpose of their operation at the technical level user tools, correcting explicit errors, unless otherwise specified by the contract with The right holder; "; in) in paragraph 4, the words" to cause unnecessary harm to normal "should be replaced by the words" contrary to the ordinary "; 37) in article 1282, paragraph 1, the words" After the expiry of the term "should be replaced by the words" After termination "; " In the case of the death of one of the authors, the exclusive right shall be terminated in part of the right if the work consists of the parts, each of which has of an independent value, or if the product forms an indissoluble integer, The share of the author's deceased co-author in exclusive right goes to all the survivors of the co-authors in equal shares. "; 39) in the first paragraph of article 1284, paragraph 1, after the words" shall not be permitted "to be supplemented with the words", except in the case of recourse The guarantee contract, which is concluded by the author and subject to the exclusive right of the author in the contract and which is the subject of the author's exclusive right to a particular work ", in article 1286, replace the words" To the law "by" Right "; (40): (a) Paragraph 3 should read: " 3. The licensing contract should specify the amount of compensation for the use of the product or the procedure for calculating such remuneration. "; b), paragraph 4 should read: " 4. A user of a computer program or a database, together with rights belonging to article 1280 of this Code, may be licensed under a licence agreement to use a computer program or a database in a treaty limits. "; in) to supplement paragraph 5 with the following: " 5. A license agreement with the user for a simple (non-exclusive) license to use a computer program or a database may be simplified. A simplified procedure is a contract of accession, the terms of which may be specified on the acquiring instance of the computer or database software, or on the packaging of such an instance, and (See also article 434 (2)). The beginning of the use of the computer program or the database by the user, as defined by the conditions, signfies its consent to the conclusion of the contract. In this case, the written form of the treaty shall be deemed to be met. The Simplified License Agreement is non-grant, unless otherwise provided by the contract. "; 41) to add the following content to article 1286-1: " Article 1286-1. An open license to use science, literature, or art 1. A license agreement by which the author or other rights holder (licensor) is granted a simple (non-exclusive) licence to use a work of science, literature or art may be concluded in a simplified procedure (open licence). Open license is a contract of accession. All of its conditions should be accessible to an indeterminate circle of persons and be placed in such a way that the licensee consulted them prior to the start of the work. An open licence may include an indication of actions to be taken as an acceptance of its terms (art. 438). In this case, the written form of the treaty shall be deemed to be met. 2. The subject of an open licence is the right to use a work of science, literature or art in the prescribed limits. The Licensor may grant a licensee the right to use his work to create a new result of intellectual activity. In this case, unless otherwise provided by an open licence, it is considered that the licensor has made a proposal to conclude a contract (art. 437, para. 2) on the use of the work of any person who wishes to use the new result The intellectual activity created by the licensee on the basis of this work, within and under the terms and conditions provided for in the open licence. Acceptance of such a proposal shall also be deemed acceptance of the licensor's offer to conclude the licensing contract for this work. 3. An open licence is free unless it is otherwise provided for. If the duration of the open licence is not defined, the contract shall be deemed to be an inmate for the duration of the exclusive right and, for other types of work, the contract shall be deemed to be a prisoner for the duration of the term of the contract. prisoners for five years. If the open license does not specify the territory on which the relevant work is permitted, such use is permitted throughout the world. 4. Licensor, which has granted an open licence, may unilaterally or partially withdraw from the contract (art. 450, para. 3), if the licensee grants rights to third persons to use the licensor's work or the use of the new result of the intellectual activity created by the licensee on the basis of that work, beyond the rights and (or) conditions other than those provided for in the open licence. 5. The author or other right holder in the event that the exclusive right to a work is violated by unlawful actions to grant or use an open licence may require the application of the violator of the protection of the exclusive right to the In accordance with article 1252 of this Code. "; 42) Article 1291, as follows: " Article 1291. Derivation of the original work and exclusive right to work 1. When the author of the original works (manuscript, original painting, sculpture, and so on), including when the original works on the original contract of the author's order, the author's exclusive right to work is preserved for the work by the author, unless the treaty provides otherwise. If the original is transferred by its owner, having the exclusive right to work but not the author of the work, the exclusive right to the work passes to the original original of the work if Not otherwise provided by the treaty. The rules of this paragraph relating to the author of the work shall also apply to the heirs of the author, their heirs and so on within the period of validity of the exclusive right to work. 2. In the event that the exclusive right to a work has not transferred to the purchaser of the original, the purchaser without the consent of the author or other right holder is entitled to demonstrate the original acquired original The works are reproduced in the catalogue of exhibitions and in the collections devoted to his collection, as well as the original artwork to be displayed at exhibitions organized by other persons. The inventor of the original works of fine art or photographic work, which is represented on this work, is entitled without the consent of the author or other rights holder and without payment of remuneration is a work as an illustration in the publication of its literary works, and also reproduced, publicly displayed and distributed without the purpose of extracting a copy of the work, unless otherwise provided by the treaty with the author or other The right holder. The inventor of a photographic work, which is represented on this work, is also free to use it in connection with the publication of the biography of the purchaser, unless otherwise provided by the treaty with the author or another holder of the rights to a photographic work. "; 43), article 1293, paragraph 1, should read: " 1. In the event of the author's alienation of the original works of art, each resale of the original, in which the legal person or individual entrepreneor (in particular, the auction house, art gallery, art gallery, shop), the author is entitled to receive remuneration from the seller as a percentage of the resale price (right of follow-up). The amount of the interest, the conditions and the order of their payment shall be determined by the Government of the Russian Federation. "; 44) in article 1295: (a) in paragraph 2: in the first paragraph of the word" other treaty ", replace by the words "Civil-legal contract"; in the second paragraph, "belongs to the author" to be replaced by "returned to the author"; to add to the following paragraph: " The right to remuneration for a service work and is not inheritable, but the author's rights under the contract, with the employer and the income not received by the author passes to the heirs. "; b), paragraph 3 should read: " 3. In the event that, in accordance with paragraph 2 of this article, the author has the exclusive right to work, the employer has the right to use the corresponding service work on the basis of a simple (non-exclusive) license With the payment of the right holder. The limits of the use of the service work, size, conditions and order of remuneration are determined by the contract between the employer and the author and, in the case of the dispute, by the court. "; in), supplement paragraph 4 with the following: " 4. The employer may make public the work of the service if the contract between him and the author is not provided otherwise, as well as the use of his or her name or the name or demand. "; 45) Article 1296 as follows: " Article 1296. Works created on order 1. An exclusive right to a computer program, a database or other product created under a contract for which the creation of such a work (on order) belongs to the employer if the contract between the contractor (the contractor) and the customer is not which is different. 2. In the event that the exclusive right to work under paragraph 1 of this article belongs to the employer, the contractor (s) is entitled, since the contract is not otherwise provided, to use such work for its own purposes Terms of a simple (non-exclusive) licence for the duration of the exclusive right. 3. In the event that the contract between the contractor (the contractor) and the employer belongs to the contractor (s), the Employer is entitled to use such work for the purposes for which it was An agreement is concluded on the terms of a non-reimbursable (non-exclusive) licence for the duration of the exclusive right, unless otherwise provided by the treaty. 4. The author of a work created by order, which does not own the exclusive right to work, has the right to remuneration in accordance with article 1295, third paragraph 2, of this Code. 5. The rules of this article do not apply to contracts in which the contractor (s) is the author of the work (art. 1288). "; Works created during work on contract 1. An exclusive right to a computer program, database or other work created during the execution of a contract or contract for carrying out research, development or technological works that are not directly applicable The creation of such a work shall be vested in the contractor (s), unless otherwise stipulated by the contract between the contractor and the Employer. In this case, the customer has the right, unless the treaty otherwise provides, to use the created work for the purposes for which the contract was concluded, on the terms of a simple (non-exclusive) license for all The duration of the exclusive right shall not be paid for such use of an additional remuneration. When the contractor (the executor) transfers the exclusive right to a work to another person, the customer retains the right to use the work. 2. In the event that the contract between the contractor (the contractor) and the employer has the exclusive right to a work transferred to a customer or a third party, the contractor (s) is entitled to use the work he has created for the work Self-required under the terms of a simple (non-exclusive) licence for the duration of the exclusive right, unless otherwise provided by the treaty. 3. The author of a work referred to in paragraph 1 of this article, which does not belong to the exclusive right of the work, is entitled to remuneration in accordance with article 1295, third paragraph 2, of this Code. "; 47) 1299 add the following paragraph 4: " 4. In the event that paragraphs 1 to 3 of article 1274 and article 1278 of the present Code permit the use of a work without the consent of the author or other rights holder, and such use is not possible due to the existence of technical means of protection of authors rights, a person validly applying for such use may require the author or other right holder to remove restrictions on the use of the work established by the application of copyright protection, or allow such use to choose the right holder provided that this is technically feasible and does not require substantial costs. "; 48) Article 1301 should be amended to read: " Article 1301. Liability for violation of the exclusive right to work In cases of violation of the exclusive right to work by the author or other right holder, along with other applicable remedies and measures Liability under this Code (arts. 1250, 1252 and 1253), is entitled, in accordance with article 1252, paragraph 3, of this Code, to demand from the offender, in lieu of damages, compensation: 1) 50,000 rubles ($1,500 to $1,007); On the basis of the nature of the infringement; 2) in the two-fold value of the value of the counterfeit copies of the product; 3) in the two-fold value of the cost of the right of use of the work derived from the price, which is comparable The circumstances are usually charged for lawful use of the work in the manner used by the violator. "; 49) in article 1302: (a) of paragraph 1, amend to read: " 1. The court may prohibit the defendant or the person with respect to whom there are reasonable grounds to believe that it is a copyright infringer, to perform certain actions (manufacture, reproduction, sale, rental, import, or other) The use, as well as the transport, storage or possession of a copy of the Convention, in order to introduce a copy of the works in respect of which it is presumed to be counterfeit. The Court may also take a proportionate amount and nature of the offence against the misuse of works in information and telecommunications networks, in particular restriction of access to materials containing illegally used works. The procedure for restricting access to such material shall be established by the legislation of the Russian Federation on information. "; b) in the second paragraph of paragraph 2, the words" for production or reproduction "shall be replaced by the words" for reproduction "; (3) Article 1303, paragraph 3, should be amended to read: " 3. Related rights are exercised subject to copyright to the works of science, literature and art used in the creation of related rights. Related rights are recognized and valid irrespective of the existence and effect of the copyright to such works. "; 51) Article 1305 should read: " Article 1305. The symbol of the legal protection of adjacent rights Manufacturer of the phonogram and the other holder of the exclusive right to the phonogram or performance to be entitled to use the security sign for the notice of its exclusive right of neighbouring rights, which shall be placed on each original or copy of the phonogram and (or) in each containing case or otherwise in accordance with article 1310 of the present Code in the use of the lamp or the performance and consists of three of the holder "R" in the circle, name or name of the holder of the Convention on the Rights of the In this case, the copy of the phonogram is understood to mean a copy on any material carrier made directly or indirectly from the phonogram, which includes all sounds or part of the sound or their display recorded in the phonogram. By displaying sounds is understood to be their representation in a digital form, whose conversion into a form, perceived by the hearing, requires the use of appropriate technology. "; 52) in article 1308: a) the words" To replace "with" 1. By license "; b), add the following: " 2. A license agreement that provides a simple (non-exclusive) license to use an entitlement object may be simplified (open license). Such a treaty shall be subject to the provision of an open licence to use a work of science, literature or art (art. 1286-1). "; 53) to supplement article 1308-1 as follows: " Article 1308-1. The exclusive right to objects of the inheritance rights To exclusive rights to performance, phonograms, broadcast or radio and television cables, to the maintenance of databases, as well as to the works of science, Literature and arts, promulgated after their conversion to the public domain, apply the provisions on the transition of the exclusive right to inheritance (art. 1283). "; 54), article 1311, set out the following editions: " Article 1311. Liability for violation of the exclusive right to an object of related rights In cases of violation of the exclusive right to an object of related rights, the holder of the exclusive right, along with other applicable methods The protection and the measures of liability established by this Code (Articles 1250, 1252 and 1253) are entitled, in accordance with article 1252, paragraph 3, of this Code, to demand that the offender be compensated in lieu of damages: 50,000 rubles ($1,200 to $1,110,000); and The discretion of the court, based on the nature of the violation; 2) in the double value of the value of the counter-instances of the phonogram; 3) in the double value of the right of use of the adjacent rights object determined from the price, which, under comparable circumstances, is normally charged for the lawful use of such an object in the manner in which the offender used it. "; 55) in article 1315, paragraph 1: (a) in subparagraph 3, the word" works " should be replaced Paragraph 4 should read as follows: " (4) The right to inviolability of performance is the right to be protected from any distortion, that is to make changes which result in the distortion of the meaning or violation of the integrity of the perception of performance, in his record, in the communication or by cable as well as when communicating to everyone. "; 56) in the first paragraph of article 1316, paragraph 2, of the word" authorship, ", after the word" name ", add the word" executor "; 57) paragraph 2 of article 1317 as follows: " 2. The use of performance is considered to be: 1) the message is broadcast, that is, the message of execution for general information by radio or television broadcast (including by relaying), except for cable. This means any action by which performance becomes available for hearing and (or) visual perception, regardless of its actual public perception. When a satellite is broadcast via satellite, it is understood to be the reception of signals from the ground station to the satellite and the transmission of signals from the satellite through which performance can be communicated independently of the satellite the actual reception. The message of the encoded signals is considered to be broadcast if the decoding tools are provided to an unlimited number of persons by the broadcasting organization or with its consent; 2) a cable message, that is, a performance message for Universal information through radio or television transmission through cable, wire, optical fiber or similar means (including retransmission); 3) to bring the execution to the general public in such a way that any person can access it from anywhere and at any time { \field { \field { \field { \field { \field { \field } } { \field { \field { \field { \field { \field { \field } } { \field { \field { \field { \field } { \field } { \field } { \field { \field } { \field } { \field { \field } { \field } Repeated reading, playback, or message; 5) playback of a performance record, that is, the production of one or more instance of a performance record or part thereof in any material form. At the same time, the recording of execution on electronic media, including the recording of computer memory, is also considered reproduction. It is not considered to be a short-term performance record, which is temporary or incidental, and forms an integral and essential part of a technological process with the sole purpose of lawful use of the record Execution or transfer of performance in an information and telecommunications network carried out by an information broker between third parties, provided that the record does not have an independent economic value; 6) distribution of the record of performance by selling or otherwise disposing of its original or copies of such a record on any material medium; 7) the action taken on the performance record and referred to in sub-paragraphs 1-3 of this paragraph; 8) public execution of the record execution, that is, any message from a record using technical means at a place open to a free visit, or in a place where there is a significant number of persons not belonging to the normal family, regardless of whether the record is recorded in the the place of her communication or elsewhere at the same time as her message; 9) Rent or copies of the performance record. "; 58) in article 1318: (a), paragraph 4 should read: " 4. To the heirs of the performer, the exclusive right to performance shall be transferred within the remaining time specified in paragraphs 1 to 3 of this article. "; (b) paragraph (5) should read: " 5. After the termination of the exclusive right, execution goes to the public domain. The rules of article 1282, paragraph 2, of the present Code apply to performance in the public domain, respectively. "; 59) paragraph 1 of article 1319, paragraph 1, should read: " 1. The exclusive right of enforcement of the claim is not permitted except for the recovery of a bond under the contract, which is the object of which is stated in the contract, and The exclusive right of the perpetrator to a specific execution. The right of the executor's claim to other persons under exclusive contract and licensing contracts, as well as the proceeds derived from the use of performance, may be collected. "; 60) in Article 1320 by the "performer in the performance of a service order" shall be replaced by the words "within the limits of the employee's (performer's) duties"; 61) to article 1322, supplemented by the words " or otherwise in accordance with Article 1310 of this Code "; 62) in article 1324, paragraph 2: (a) In subparagraph 2, the words "public acceptance" should be replaced by the words " public acceptance. The message of the coded signals is recognized as a message to the ether if the decoding means are given to an unlimited number of individuals by broadcasting or with its consent; "; (b), subparagraph 4, after the word" what "should be added to the word" any "; (b) Subparagraph 5 (5) should read: " (5) Reproduction, that is, the manufacture of one or more copies of the phonograph or any part thereof in any form. The recording of the phonogram or part of the phonogram on electronic media, including computer memory, is also considered reproduction. It is not considered to be a short-term recording of a phonogram, which is temporary or incidental, and forms an integral and essential part of a process that has the sole purpose of using the phonogram or It is transmitted to the information and telecommunications network by an information broker between third parties, provided that the record does not have an independent economic value; "; of the published phonogram "replaced by" phonograms " Paragraph 3 of article 13, paragraph 3, should read: " 3. The compensation provided for in paragraph 1 of this article shall be distributed among the right-holders in the proportion of fifty per cent to the executors, fifty per cent to the manufacturers of phonograms. The distribution of remuneration between the individual performers shall be proportional to the actual use of the sound-grams. The Government of the Russian Federation is entitled to set remuneration rates, as well as the procedure for the collection, distribution and payment of remuneration. "; After the termination of the exclusive right, the phonogram goes to the public domain, that is, can be freely used by any person without his or her consent or permit and without remuneration. "; 66) Amend the text as follows: " Article 1329. The organization of broadcasting or cable broadcasting The organization of radio or cable broadcasting shall be recognized as a legal person, independently determining the content of radio and television broadcasts (the totality of sounds and/or images or their images); and whether they are broadcast or by cable by their own forces or by means of third parties. "; 67) in article 1330: (a) in paragraph 2: subpara. 2 radio or television messages, i.e. production of one or more copies Recording of radio or television transmission or parts thereof in any form. The recording of a radio or television transmission on electronic media, including computer memory, is also considered reproduction. It is not considered to be a reproduction of a short-term record that is temporary or random and forms an integral and essential part of a technological process with the sole purpose of using a radio or radio message The transmission of a radio or television broadcast message in an information and telecommunications network being carried out by an information broker between third parties, provided that the record does not have an independent economic value; " sub-paragraph 4 should read: " 4) Relay, that is, a reception and simultaneous broadcast (including via satellite) or cable of the complete and unchanging radio or television transmission, or its essential part, reported on air or cable by the organization of broadcast or cable broadcasting; "; add the following to subparagraph 7: "7) renting the original and copies of the radio or television recording message."; b) paragraph 3 to recognize no force; 68) paragraph 3 of Article 1331, set out in , to read: " 3. After the termination of the exclusive right, the communication of the radio or television shall be transferred to the public domain, that is, freely used by any person without his or her consent or authorization and without remuneration. "; 69) Article 1333, paragraph 2, should be supplemented with the following paragraphs: " The right to make a database public, that is, to implement an action that makes the database publicly available for the first time through its publication, to communicate, broadcast or cable messages or otherwise. The publication (release into the light) is the issuance of copies of the database, with the agreement of the manufacturer, sufficient to meet reasonable public needs. The right to specify on database instances and (or) their packing of their name or name is valid and protected during the period of the exclusive right of the database manufacturer. "; 70) paragraph 3 of article 1334 was revised to read: " 3. During the period of validity of the exclusive right to the database, the right holder may register a database with the federal executive authority on intellectual property. Such registration shall apply the rules of article 1262 of this Code. "; 71) to supplement article 1335-1 as follows: " Article 1335-1. Actions that are not a violation of the exclusive right of the manufacturer database 1. A person lawfully using a publicly disclosed database shall be entitled without the permission of the holder of the database manufacturer and to the extent that such actions do not violate the copyright of the manufacturer of the database and other persons, retrieve and use materials from the database: for the purposes for which the database is provided, in any amount, unless otherwise provided by the treaty; for personal, scientific, educational purposes in an amount that is justified by the purposes specified; for other purposes in the amount, part of the database. The use of materials extracted from the database should be accompanied by an indication of the database from which the materials are extracted. 2. The commission of acts covered by the exclusive right of the database manufacturer shall not be considered as a violation of that right if the person proves that it was unable to establish the identity of the manufacturer of the database or that it is based on the circumstances. cases have reasonably assumed that the lifetime of the exclusive right to the database has expired. 3. It is not possible to extract or use material that constitutes a non-essential part of the database, if such actions are contrary to the normal use of the database and that the legitimate interests of the manufacturer are unduly impaired database. 4. The database manufacturer shall not prohibit the use of separate materials, although contained in a database, but legitimately obtained using them from other sources than the database, sources. "; 72) in paragraph 1 of Article 1339 of the word "1-8 and 11 of paragraph 2" shall be replaced by the words "1 to 8"; 73), amend article 1340 to read: " Article 1340. The lifetime of the exclusive right of the publisher on the product 1. The exclusive right of the publicist to work shall arise at the time of publication of the work and shall be in effect for twenty-five years, counting from 1 January of the year following the publication of the work. 2. After the termination of the exclusive right of the publisher, the work may be freely used by any person without his or her consent or permit and without remuneration. "; of article 1291, paragraph 1, "to replace the words" in article 1291, paragraph 2 "; 75) in article 1345, paragraph 3, the words" the use of a service invention, a useful model or an industrial model "should be replaced by the words" service invention, useful model or industrial sample "; 76) in article 1349: a) in paragraph 1 "Design" should be replaced by "design"; b) in paragraph 4: subpara. The intellectual activity referred to in paragraph 1 of this article, if they are contrary to "; 77) in article 1350: (a) paragraph 1 of paragraph 1, should be supplemented with the words", including the use of the product or the method to be used for certain purposes. " assignment "; b) in paragraph 2: paragraph 3 after" Level "to supplement the words" for inventions "; in paragraph 4 of the word" inventions and useful models "should be replaced with the words" inventions, utility models and industrial designs "; , in paragraph 3, the first sentence should read The following wording: " Disclosure of information related to invention, author of invention, applicant or any person who received directly or indirectly this information by the person (including as a result of exhibication of the invention at the exhibition), as a consequence of which the details of the invention have become public, it's not a circumstance, which prevents the patent from being patentable, provided that the application for the invention of the patent is submitted to the federal executive body on intellectual property within six months from the date of disclosure. "; (d) Paragraph 5, first paragraph, should be supplemented by the words ", in particular"; (1) paragraph 6, paragraph 6, as follows: " (1) varieties of plants, animals and biological methods of obtaining them, in other words, completely consisting of screening and selection, with the exception of the microbiological in article 1351: (a) paragraph 2, paragraph 2, as follows: " The level of technology for the useful model includes any information that has become the public in the world, before the effective date of the useful model. The equipment is also included (subject to the earlier priority) of all patent applications for invention, useful model or industrial model, which are filed in the Russian Federation by other persons and whose documents are entitled. to refer to any person in accordance with article 1385, paragraph 2, or article 1394, paragraph 2, of this Code, and the inventions and useful models patented in the Russian Federation. "; b) in paragraph 3 of the first sentence editors: " Discovering information relevant to the useful model, the author of the useful model, by the applicant, either directly or indirectly, by the person (including through an exhibition of a useful model at the exhibition), so that the information on the essence of the useful model has become public is not a circumstance, which prevents the recognition of the patentability of the useful model, provided that a patent application for a useful model is submitted to the federal executive body on intellectual property within a period of six months from the day of disclosure information. "; in), paragraph 5 should be redrafted to read: " 5. They are not useful models, in particular the objects referred to in article 1350, paragraph 5, of this Code. This paragraph eliminates the possibility of assigning the specified objects to useful models only if the patent application for a useful model concerns the specified objects as such. "; g) supplement paragraph 6 with the following: " 6. No legal protection shall be provided as a useful model to the objects referred to in article 1350, paragraph 6 of this Code. "; 79), article 1352 should read as follows: " Article 1352. The patentability of the industrial sample 1. The solution to the appearance of an industrial or craft-craft product is protected as an industrial model. The Industrial Model is provided with legal protection if, on its significant grounds, it is new and original. Significant signs of an industrial pattern include the aesthetic features of the appearance of the product, such as shape, configuration, ornament, combination of colours, lines, product contours, texture or texture Product material. Symptoms of a purely technical function are not protected characteristics of an industrial core. 2. The industrial sample is new if the body of its essential features found in the image of the product is not known from the information that has become publicly available in the world before the date of the industrial priority. 3. The industrial master is original if its material characteristics are due to the creative nature of the product, in particular if the information that became publicly available in the world before the date of the industrial priority date is not known the appearance of a product of a similar purpose, which produces the same general impression on an informed consumer, which produces an industrial sample that is reflected in the images of the product. 4. In establishing the novelty and originality of the industrial model, all applications for inventions, utility models, industrial designs and applications for state registration of trademarks, signs and signals are also taken into account (under the earlier priority) The services provided to the Russian Federation by other persons and whose documents are submitted in accordance with article 1385, paragraph 2, article 1394, paragraph 2, of this Code are entitled to refer to any person. Disclosure of information relating to the industrial sample, the author of the industrial sample, the applicant, or any direct or indirect information obtained from them by the applicant (including through the exposure of the industrial sample to ), which makes the details of an industrial model publicly available, is not an obstacle to the recognition of the patentability of the industrial sample, provided that the application for a patent for an industrial sample submitted to the federal executive body property within twelve months from the date of disclosure. The burden of proof that the circumstances in which disclosure does not preclude the recognition of the patentability of the industrial sample occurred on the applicant. 5. No legal protection is provided as an industrial pattern: 1) solutions, all of which are solely related to the product's technical function; 2) solutions that are likely to mislead the consumer of the product, the number, in respect of the manufacturer of the product, or the place of manufacture, or the goods for which the product serves as packaging, packaging, label, in particular those which are identical to those referred to in paragraphs 4 to 10 of Article 1483 of this Code, or produce the same general impression or include the specified objects, If the rights to the said objects have occurred prior to the date of the priority of the industrial model, unless the legal protection of the industrial sample is requested by a person who has the exclusive right to such an object. Provision of legal protection to industrial designs identical to those referred to in paragraph 4, subparagraphs 1, 2 (2) of paragraph 9 of Article 1483 of this Code, or producing the same general impression, or including the specified objects, shall be accepted with the consent of the owners or owners of the rights holders or holders of the specified objects. "; 80), paragraph 3 of Article 1354, amend to read: " 3. The protection of intellectual rights to an industrial sample is granted on the basis of a patent in the amount determined by a set of essential features of an industrial pattern, as reflected in the images of the product contained in the patent an industrial sample. "; 81) Article 1358 should read as follows: " Article 1358. An exclusive right to invention, useful model or industrial sample 1. Patentee has the exclusive right to use an invention, a useful model or industrial model, in accordance with article 1229 of this Code, in any manner not contrary to the law (the exclusive right of invention, A useful model or industrial sample), including the means provided for in paragraph 2 of this article. A patent holder may dispose of the exclusive right to inventions, a useful model or an industrial sample. 2. The use of invention, useful model or industrial model is considered to be, in particular: 1) entry into the territory of the Russian Federation, manufacture, use, offer for sale, sale, other introduction to civil turnover, or storage for these purposes of the product in which the invention or useful model is used, or the product in which the industrial sample is used; 2) to perform the actions referred to in paragraph 1 of this paragraph with respect to the product, obtained directly in a patented way. If a patented product is a new product, the same product is considered to be obtained by using a patented method, as it is not proven otherwise; 3) commit the actions under sub-paragraph 1 of this paragraph, with respect to the device where the operation (operation) of which, according to its designation, is automatically patented; 4) the commission of the acts referred to in subparagraph 1 of the present of a product intended for use in the in accordance with the purpose specified in the formula of invention, in the protection of the invention in the use of the product for a given purpose; 5) the implementation of the method in which the invention is used, including through the application of this process. 3. Invention is recognized as being used in the product or in the manner in which the product contains, and in the manner of use, each sign of invention appearing in an independent paragraph of the formula of the invention, or a sign equivalent to it and which has become known as such in this area of technology until the date of the priority of the invention. The Useful Model is recognized as used in the product if the product contains each feature of the useful model in the independent clause of the patent formula of the useful model. When making use of an invention or a useful model, the interpretation of an invention or useful model is carried out in accordance with article 1354, paragraph 2, of the present Code. The industrial sample is recognized as used in the article if the product contains all the essential features of an industrial sample or a set of attributes producing the same general impression on an informed consumer. produces a patented industrial specimen, provided that the products have a similar purpose. 4. If the invention or useful model also uses each topic in the independent clause of the formula of the other invention, or the sign that is equivalent to it and has become known as such in the of this technology area before the date of the priority of another invention, or each topic in the independent clause of the formula of another useful model, and in the use of an industrial sample, each significant sign of the other of an industrial sample or a set of other industrial samples, that gives an informed consumer the same general impression as a manufactured sample, provided that the products have a similar purpose, another invention, another useful model, or another industrial sample is also recognized used. 5. If the patent holders for invention, a useful model or an industrial sample are two or more persons, the rules of paragraphs 2 and 3 of article 1348 of this Code are applicable, respectively, regardless of whether any from the holder of this result of the intellectual activity. "; 82) to supplement article 1358-1 as follows: " Article 1358-1. Dependent invention, dependent useful model, dependent industrial sample 1. An invention, a useful model, an industrial sample that cannot be used in a product or way without the use of a protected patent and having an earlier priority of another invention, another useful model or other industrial as a dependent invention, a dependent useful model, a dependent industrial model, respectively. The dependent invention, in particular, is the invention, which is protected by the use of a certain product, which uses a protected patent and has an earlier priority of another invention. An invention or useful model that is related to a product or method is also dependent if the formula of such an invention or such a useful model differs from the formula of another patented invention or other patented invention a useful model having an earlier priority only by product or method designation. 2. An invention, a useful model or an industrial sample cannot be used without the permission of the patent holder for another invention, another useful model or another industrial sample to which they are dependent. "; Article 1359, paragraph 6, should be supplemented by the words "or without its authorization, but provided that such an introduction to civil turnover has been validly made in the cases established by this Code"; 84), article 1361, paragraph 1, the words "equal decision or" with the words " a solution other than that of Inventions by only equivalent signs (art. 1358, para. 3) or "; 85) article 1362, paragraph 3, after the words" State registration ", add" the granting and termination of the right to use an invention, a useful model or "Article 1363:" Article 1363. Duration of exclusive rights on invention, useful model, industrial sample 1. An exclusive right to invention, a useful model, an industrial sample, and a patent certificate, subject to compliance with the requirements established by this Code, from the date of application for a patent to a federal authority the executive branch of intellectual property or in the case of an application (article 1381, paragraph 4) from the date of the initial application: twenty years for inventions; ten years for useful models; five years for industrial designs. The protection of the exclusive right certified by a patent can only be granted after the invention of the invention, useful model or industrial model and the grant of a patent (Article 1393). 2. If, from the date of application for a patent for an invention relating to a product such as a drug, a pesticide or an agrochemical, for which authorization is required in accordance with the procedure established by law, up to the date of receipt The first application of the patent is extended for more than five years, the duration of the exclusive right to the invention and the patent certificate is extended by the application of the patent holder by the Federal Executive Intellectual property. The specified time period is extended by the time from the date of the application for the invention of the invention until the day of receipt of the first permit for the use of the product, less than five years, but not more than five years. The application for extension shall be submitted by the patent holder during the period of the patent until the expiration of six months from the date of receipt of the first permit for the use of the product or from the date of issue of the patent, whichever is the time expires at a later date. Additional material may be requested from the patent holder unless the application is considered without them. Additional submissions shall be made within three months from the date of such request. If the patent holder does not submit the requested material or does not apply for an extension, the application is not granted. The deadline set for the submission of additional materials may be extended by the federal executive body on intellectual property for a period of not more than 10 months. In the case of an extension under the first paragraph of this paragraph of the period of validity of the exclusive right, an additional patent shall be granted with a formula containing a set of evidence of the patented invention characterizing the product, the application of which the permission was granted. 3. The period of validity of the exclusive right to an industrial sample and the patent's right of patent on the application of the patent holder may be extended several times for a period of five years, but for a total of not more than twenty-five years from the date of submission of the application for The granting of a patent to the federal executive body on intellectual property or in the case of an application (article 1381, paragraph 4) from the date of the initial application. 4. The procedure for the issuance and operation of an additional patent for the invention and extension of the patent for the invention or industrial sample is established by the federal executive authority responsible for the regulation of the field of intellectual property. 5. The exclusive right to invention, a useful model, an industrial sample, and a patent certificate, including an additional patent, shall be declared invalid or terminated premater on the grounds and in the manner in which it is established. Article 1398 and 1399 of this Code. "; 87) in article 1364, paragraph 1, the words" After the expiry of the term "shall be replaced by the words" After termination "; 88) Article 1365 should read: " Article 1365. The exclusive right contract to inventing, useful model, or industrial sample 1. Under the exclusive right of invention, useful model or industrial model (patent disposition), one party (the patent holder) transfers or undertakes to transfer the exclusive right to the corresponding result of the intellectual activity in the full extent of the other party-the purchaser of the exclusive right (patent acquired). 2. The exclusion of the exclusive right to an industrial sample is not allowed if it may cause the consumer to be misled about the product or its manufacturer. "; 89) in article 1366: (a) paragraph 1 1, amend to read: " 1. The applicant, the only author of the invention, prior to the application of the patent, or the refusal to grant the patent, or the acceptance of the withdrawn application, may file a claim that, in the case of a patent, he undertakes to conclude A contract for the alienation of a patent under conditions consistent with established practice, with any citizen of the Russian Federation or a Russian legal entity who first expressed such a desire and notified the patent holder and the federal authority The executive branch of the Government is intellectual property. Subject to the said application, the patent fees provided for in this Code with respect to an application for a patent for an invention and for a patent issued under that application are not charged to the applicant. "(b) Paragraph 2, second paragraph 2, as follows: " State registration of the transfer of the exclusive right to an acquisition contract The patent is carried out in the federal executive body on intellectual property subject to the payment of all patent fees from which the applicant has been released (patent holder). "; 90) Article 1369, set out in , to read: " Article 1369. An order treaty form exclusive right to invention, useful model or industrial sample and state registration of the transition exclusive right, its pledge, and provide the right to use inventions, a useful model, or industrial sample 1. A patent, licence agreement, other treaties through which an exclusive right to inventions, a useful model or an industrial sample is exercised, shall be concluded in writing. Failure to comply with a written form shall render the contract null and void. 2. The granting and the guarantee of the exclusive right to inventions, a useful model or industrial model, the granting of the right to use them under the contract shall be subject to State registration in the manner prescribed by article 1232 of this Code. "; 91) in article 1370: (a) in paragraph 3, the word "other" should be replaced by the word "nationality"; in paragraph 4: , in the second paragraph, the word "shall" be replaced by the word "shall". "remuneration", the word "which" shall be replaced by the word "which"; add the following paragraph: " The right to remuneration for a service inventions, service utility model or service industrial model is inalienable, but passes to the author's heirs for the remainder of the period of validity the exclusive right. "; 92) in the first paragraph of article 1371, paragraph 1, of the words" Where an invention, useful model or industrial model is created "by" The right to a patent and the exclusive right of invention, useful model or industrial model created ", the words" the right to receive " The patent and exclusive right to such invention, useful model or industrial model "delete; 93) in article 1372: (a) in paragraph 1 of the phrase" Where the industrial sample is created "by" The right to Obtaining a patent and the exclusive right to an industrial specimen created ", the right to obtain a patent and the exclusive right of such an industrial specimen" to delete; (b) paragraph 3 should read as follows: " 3. In the event that the contract between the contractor (the contractor) and the employer is entitled to the patent and the exclusive right to the industrial sample belongs to the contractor (s), the employer is entitled to use the industrial sample in the the purposes for which the contract was concluded on the terms of a grant (non-exclusive) licence for the duration of the validity of the patent. "; 94, paragraph 5 of article 1374, shall be declared void; 95) in Paragraph 2 of article 1375: (a) Subparagraphs 1 and 2, set out the following Revision: " 1) an application for a patent with an indication of the author of the invention and of the applicant, a person who has the right to obtain a patent, as well as the place of residence or location of each; (2) the description of the invention, the completeness of the invention by a specialist in this area of technology; "; b), after the word" inventions, "add the word" clearly "; 96) in article 1376: (a) Paragraph 1 of the phrase " or to a group of useful models related to each other so as to form a single creative intent "delete; (b) sub-paragraphs 1-3 of paragraph 2 should read: " (1) a patent application, specifying the author of the useful model, and the applicant, a person with the right to receive The patent, as well as the place of residence or location of each; 2) a description of the useful model, which is sufficient to provide a useful model for a useful model in this area of technology; 3) the formula of a useful model referring to one technical solution that clearly expresses it (a) in article 1377: (a) in article 1377: (1): (1)) sample and applicant-a person who has the right to obtain a patent, as well as the place of residence or location of each; 2) a set of images of the product giving a complete picture of the essential features of an industrial sample, that define the aesthetic characteristics of the appearance of the product; 3) a drawing of the general type of the product, the map, if they are necessary to reveal the nature of the industrial core; "; , paragraph 5, recognizing no effect; (b) in paragraph 3 of the word" Patent issue, a set of product images, A description of the industrial sample and the list of essential signs of an industrial pattern "shall be replaced by the words" for the grant of a patent and a set of product images that give a complete picture of the essential features of an industrial pattern " aesthetics of the appearance of the article "; 98) Article 1378 Amend the text as follows: " Article 1378. Make changes to the requisition documents an invention, useful model, or industrial sample 1. The applicant has the right to submit an application for inventions, a useful model or industrial contribution, refinement and correction through the submission of additional materials at the request of the federal executive property pending the application of the patent or the refusal to grant the patent, or the acceptance of the application withdrawn, if these additions, clarifications and corrections do not modify the application for invention, useful model or industrial model a creature. After receiving an information search report in accordance with article 1386, paragraphs 2 to 4, of this Code, the applicant is entitled once, on his own initiative, to submit the amended formula of inventions, the changing application for the invention on the merits, and make the appropriate changes to the description. 2. The additional materials modify the application for invention or useful model on the merits in one of the following cases, if they contain: inventions that do not satisfy the requirement of the unity of invention in respect of invention or group Inventions accepted for consideration or other useful model; topics to be included in the formula of an invention or a useful model, and have not been disclosed in the application documents under article 1375, paragraph 2, paragraphs 1 to 4, or Article 1376, paragraphs 1 to 4, of this Code the date of the application; specification of the technical result that is provided by the invention or utility model and is not related to the technical result contained in the same documents. 3. The supplementary materials shall modify the application for the industrial core if they contain images of the product on which: is a different industrial specimen that does not meet the requirement of industrial unity in relation to An industrial sample or group of industrial designs that have been exposed to images accepted for consideration; shows material evidence of an industrial pattern missing from the images submitted on the date of submission of the application, or presents images of the product from which the material has been removed The characteristics of the industrial sample available on the images submitted on the date of submission of the application. 4. Changes in the author's information about the applicant, including the transfer of the right to a patent to another person, or as a consequence of a change in the author's name, name or name, and corrections of obvious and technical errors can be made by submitting an application on its own initiative prior to the registration of inventions, a useful model or an industrial sample. 5. The modifications made by the applicant to the documents of the application for the invention are taken into account when the application is published, if such changes are submitted to the federal executive body on intellectual property for a period of fifteen months from the date of application. "; 99) Article 1379 should read: " Article 1379. Conversion of an application to an invention, useful model or industrial sample 1. Before publication of the application for invention (art. 1385, para. 1), but not later than the day of the decision to grant a patent for invention, and in the event of a decision to refuse to grant a patent for invention or for recognition of the application withdrawn, How the present Code will exhaust the possibility of objecting to this decision, the applicant is entitled to convert it into an application for a useful model or an industrial specimen by way of a submission to the federal executive authority the intellectual property of the application concerned, except where The applicant has submitted an application for a proposal to conclude an expropriation agreement provided for in article 1366, paragraph 1, of the present Code. 2. The conversion of a useful model application into an application for an invention or industrial sample or application for an industrial model in an application for invention or useful model is permitted on application submitted by the applicant to the federal executive body the authorities on intellectual property until the day of the decision to grant the patent, and in the case of a decision to refuse to grant a patent or to accept the application withdrawn, before the possibility of the application of the Code is exhausted Objections to this decision. 3. The conversion of an application to an invention, a useful model or an industrial sample according to paragraph 1 or 2 of this article shall be permitted if the priority and date of the converted application are retained, subject to the requirements of paragraph 3. Article 1375, article 1376, paragraph 3, article 1377, paragraph 3, article 1381, paragraph 3, or article 1382 of the present Code. "; 1381: (a) the first paragraph should read: " 3. The priority of inventions, a useful model or an industrial model may be set on the date of the same applicant's earlier submission to the federal executive branch of the intellectual property of an earlier application that disclaims the invention, A useful model or an industrial sample, provided that an earlier application is not withdrawn, is not recognized as withdrawn and that the State registration of inventions, a useful model or an industrial sample in the relevant registry has not been carried out on the date the application for which priority is sought and the application for invention, for which priority is sought, filed within twelve months from the date of the earlier application, and the application for a useful model or industrial sample within six months from the date of the earlier application. "; b) in the second paragraph The words "by which" should be replaced by the words "in which"; (in), in the third word "under which" should be replaced by the words "in which"; 102) in article 1382: (a) in paragraph 2: the words "useful model or" should be deleted; add the following paragraph: " If a certified copy The first application is not submitted within the specified period, but the right of priority may nevertheless be recognized by the federal executive body on intellectual property at the request of the applicant submitted to that federal executive body authorities before the expiry of that period. The application may be granted, provided that a copy of the first application is requested by the applicant in the patent office to which the first application is filed, within eight months from the date of the first application and submitted to the Federal Executive authorities on intellectual property within two months from the day of its receipt by the applicant. "; b) in paragraph 3: the first paragraph after the words" with respect to the application for invention "should be supplemented with the words" or useful model "; Paragraph 3 should read: " Federal Authority The executive branch of intellectual property may require the applicant to submit the first application for invention or useful model only if the validity of the claim to priority is verified inventions or a useful model is related to the patentability of the declared invention or utility model. "; 103) in article 1383, paragraph 1: (a) in the second paragraph of the word" receiving from the federal authority " to read "direction by the federal authority"; b) in paragraph 4 of the word "inventions, useful models or" to replace the words "inventions and (or) useful models or identical"; (in), in the fifth paragraph, replace "5" with "6"; 104) in paragraph 5 of paragraph 5 of chapter 72 of the word ", A useful model or industrial model "delete; 105) article 1384 should read: " Article 1384. A formal appraisal of the application for invention 1. Upon application for an invention by the federal executive branch of the intellectual property, a formal examination is carried out, during which the existence of the documents referred to in article 1375, paragraph 2, is checked. The Code and their compliance with the requirements. 2. The positive result of the formal examination of the application for the invention and the date of the application for invention by the federal executive body on intellectual property shall notify the applicant immediately upon completion of the formal application. expertise. 3. If an application for an invention does not meet the requirements of the application, the federal executive body on intellectual property issues a request to the applicant with a proposal within three months from the date of the submission Requests to submit amended or missing documents. If the applicant does not submit the requested documents within the prescribed time limit or does not apply for an extension of that period, the application shall be recognized as withdrawn. This period may be extended by the Federal Executive, but not for more than ten months. 4. If an application for invention is established in the formal examination of an application, that the application for invention is in violation of the requirement of the unity of invention (art. 1375, para. 1), the federal executive body on intellectual property Invites the applicant, within three months from the date of the notification, to indicate which of the declared inventions is to be considered and to amend the application documents if necessary. Other applications declared in the application may be issued by the applications. If the applicant does not report within the prescribed period which of the declared inventions is to be considered and does not provide, if necessary, the relevant documents, the invention referred to in the invention formula shall be considered. 5. If, in the formal examination of an application for an invention, it is established that the additional material submitted by the applicant modifies the application on the merits, the rules of paragraph 6 of article 1386 of the present Code apply. "; 106) in paragraph 1 of article 1385: (a) in the first paragraph, replace "from the day" by "from the date"; b) in the third word "from the day" to read "from the date"; in) in the fourth paragraph of the word "twelve months from the day" Replace "fifteen months from the date"; 107) Article 1386, set out in , to read: " Article 1386. An examination of the application for invention on the merits 1. Upon application by the applicant or third parties, which may be submitted to the federal executive body on intellectual property upon application for or within three years from the date of submission of the application, and subject to completion A formal examination of the application, with a positive result, is the examination of the application for the invention on the merits. The Federal Executive shall notify the petitioner of the application of third parties. The application for the examination of an application for an invention on the merits may be extended by the federal executive body on intellectual property at the request of the applicant before the expiry of that period, but not more than two months. If the application for the examination of the application for the invention on the merits is not filed within the time limit, the application is recognized as withdrawn. 2. The examination of the application for the invention on the merits includes: Information search on the declared invention to determine the level of equipment against which the patentability of the invention will be checked; Verification of the compliance of the declared invention with the requirements set out in article 1349, paragraph 4, of this Code and the conditions of patentability established by the first paragraph 1, paragraphs 5 and 6 of article 1350 of this Code; to verify that the substance of the declared invention is sufficient Article 1375, paragraphs 1 to 4, of this Code and submitted on the date of its submission for the invention by a specialist in this field of equipment; Inventing the conditions of patentability required by the second paragraph of article 1350, paragraph 1, of this Code. The federal executive body on intellectual property issues an information search report to the applicant. The information search for the objects referred to in article 1349, paragraph 4, and article 1350, paragraphs 5 and 6, of the present Code shall not be conducted, which shall be communicated to the applicant by the federal executive authority. The information search and reporting order is established by the federal executive body responsible for the regulation of intellectual property. 3. If an application for the examination of an application for an invention is filed on the merits, the application is not requested and the priority is no longer than the date of submission of the application, the federal executive branch of the intellectual property provides the applicant with an information search report before the expiration of seven months from the date of the beginning of the examination of the application for the invention on the merits. The deadline for the applicant to report on an information search may be extended by the federal executive body on intellectual property if the need for a request is found in other organizations of the information source, The missing from the funds of the said federal executive, or the declared invention, is described as making it impossible to conduct an information search in the prescribed manner. The extension of the information search report and the reasons for the extension of the report shall be communicated to the complainant by the Federal Executive. 4. The applicant and third parties are entitled to apply for an application for an invention that has been formally evaluated with a positive result, an information search to determine the level of equipment against which the inspection will be carried out The patentability of the declared invention. The procedure and conditions for conducting such an information search and the provision of information about its results shall be established by the federal executive authority responsible for the regulation of intellectual property. 5. Upon application for an invention published in accordance with article 1385 of this Code, the federal executive body on intellectual property issues a report on the information search conducted in accordance with the procedure established by the law. 2 and 4 of this article. After publication of the information about the application for invention, any person has the right to comment on the conformity of the declared invention with the conditions of patentability established by article 1350 of this Code. Such persons shall not participate in the proceedings on the application. The comments shall be taken into account when deciding on the application in accordance with the procedure established by article 1387 of the present Code. The procedure and deadlines for informing the applicant of the results of the information search and the publication of the report of such prospecting shall be established by the federal executive authority responsible for regulatory and legal regulation in the sphere of human rights. Intellectual property. 6. In the process of examination of the application for the invention on the merits, the federal executive body on intellectual property may ask the applicant for additional materials (including an amended formula for inventions), without which the application It is impossible to review or decide on a patent for invention. In this case, the additional material without modification of the application on the merits shall be submitted within three months from the date of the request or copies of the materials opposed to the application, provided that the applicant has requested copies within two months from the date of the request of the said federal executive authority. If the applicant does not submit the requested material within the prescribed time limit or does not apply for an extension of that period, the application shall be recognized as withdrawn. The deadline set for the submission of the requested material by the applicant may be extended by a specified federal executive authority for a period of not more than 10 months. Article 1384, paragraph 4, of this Code applies if the examination of the application on the merits is in violation of the requirement of unity of invention. If the applicant is provided with additional material, it is verified whether they modify the application on the merits (art. 1378). Not receiving attention. Such material may be submitted by the applicant as a separate application. The federal executive body on intellectual property notifies the applicant. "; 108) Article 1387 should read: " Article 1387. The decision to grant a patent for the invention, to refuse his extradition or to recognize the withdraws 1. If, as a result of an examination of an application for an invention on the merits, it is established that the declared invention, expressed by the formula proposed by the applicant, does not apply to the objects referred to in article 1349, paragraph 4, of this Code, The conditions of patent eligibility under Article 1350 of this Code and the nature of the declared invention in the application documents provided for in article 1375, paragraphs 1 to 4, of this Code and submitted on the date of its submission, have been disclosed sufficient to carry out an invention, a federal body The executive branch of intellectual property takes the decision to grant a patent for invention with this formula. The decision shall specify the date of application for the invention and the date of the priority of the invention. If, in the process of examination of an application for invention on the merits, it is established that the declared invention, expressed by the formula proposed by the applicant, does not meet at least one of the requirements or conditions of patentability, the first paragraph of this paragraph, or the application documents referred to in the first paragraph of this paragraph, do not meet the requirements of this paragraph, the federal executive authority for intellectual property accepts The decision not to grant the patent. Before taking a decision to refuse to grant a patent, the federal body of the executive branch of intellectual property sends a notification to the applicant of the results of the patentability of the declared invention with a proposal to submit their reasons for the reasons given in the notification. The response of the complainant, which is based on the reasons given in the notification, may be submitted within six months from the date of the notification. 2. The application for the invention is recognized as withdrawn in accordance with the provisions of this Chapter on the basis of a decision of the federal executive authority on intellectual property. 3. The decision of the federal executive branch on intellectual property to grant a patent for invention, the refusal to grant a patent for invention, or the recognition of an application for the invention of withdrawn may be challenged by the applicant by filing Objections to the said federal executive authority within seven months from the date of the decision of the applicant or the copies of the materials requested by the federal executive branch of the executive branch the application and are specified in the decision not to grant the patent, provided that The applicant has requested copies of these materials within three months from the date of the decision on the application for the invention. "; Any person (in particular the application referred to in the notification referred to in article 1383, paragraph 1, paragraph 1, of this Code) is not entitled to become acquainted with the application, if the information on such application is not published "; 110) in article 1389: (a) Paragraph 1 should read: " 1. The basic or extended deadline for the submission of documents or additional submissions at the request of the federal executive body on intellectual property (art. 1384, para. 4, and art. 1386, para. 6) Applications for the examination of the application for the invention on the merits (article 1386, paragraph 1) and the time limit for the submission of an objection to the said federal executive authority (art. 1387, para. 3) may be reinstated by the Federal Government The Executive, provided that the applicant has justified the reasons for which The deadline was not met. Reinstating the terms of article 1384, paragraph 4, paragraphs 1 and 6 of article 1386 of this Code, shall be carried out in accordance with the provisions of this Chapter on the basis of a decision of the Federal Executive "intellectual property to revoke the decision to accept the withdrawn application and restore the missed deadline."; b) in paragraph 2 of paragraph 2 of the word "Chamber of Patent Disputes" be replaced with the words " the federal executive authority "; and 111) Article 1390, set out in the , to read: " Article 1390. { \b } { \field { \field { \field { 1 } According to the application for a useful model received by the federal executive body on intellectual property, a formal examination is carried out, during which the existence of the documents referred to in article 1376, paragraph 2, is checked. The Code and their compliance with the requirements. If the formal review is positive, the application is evaluated on the merits of the useful model, which includes: Information search on the declared useful model for determining the level of technology, c to verify the patentability of the declared useful model; check compliance of the declared useful model with the requirements of article 1349, paragraph 4, of this Code and the conditions of patentability, paragraph 1, paragraphs 5 and 6 of article 1351 of this Code; verifying the sufficiency of the disclosure of the nature of the declared useful model in the application documents referred to in article 1376, paragraphs 1 to 4, of this Code and submitted on the date of its submission, for implementation A useful model for a technician in this field of technology; to verify that the model's value is in compliance with the terms of the patentability referred to in article 1351, paragraph 1, paragraph 1, of this Code. The information search for the objects referred to in article 1349, paragraph 4, and article 1351, paragraphs 5 and 6, of the present Code shall not be conducted, which shall be communicated to the applicant by the federal executive authority. 2. If, as a result of the examination of the application for a useful model, it is established that the useful model expressed by the formula proposed by the applicant does not apply to the objects referred to in article 1349, paragraph 4, of this Code, meets the conditions of patentability provided for in article 1351 of this Code and the essence of the stated useful model in the application documents referred to in article 1376, paragraphs 1 to 4, of this Code and submitted on the date of its submission supply, made fully sufficient for a useful model to be carried out by a specialist in of this area of technology, the federal executive body on intellectual property takes the decision to issue a patent on a useful model with this formula. The decision specifies the date of application for the useful model and the date of the priority of the useful model. If, in the process of examination of the application for a useful model, it is established that the declared object, expressed by the formula proposed by the applicant, does not meet at least one of the requirements or conditions of the patentability specified in the first paragraph of this paragraph, or the application documents referred to in article 1376, paragraphs 1 to 4, of this Code and submitted on the date of its submission, do not reveal the essence of the useful model with completeness sufficient to be useful for implementation Expert in the field of technology, the federal executive The intellectual property authorities decide not to issue a patent. 3. When carrying out a formal examination of the application for a useful model and the examination of the application, the application of the application is essentially the same as those provided for in paragraphs 2 to 5 of article 1384, paragraph 6 of article 1386, paragraphs 2 and 3 of article 1387, articles 1388 and 1389. of this Code. 4. In the case, if, in the federal executive body's intellectual property application, applications for a useful model indicate that the information contained therein is a state secret, the documents of the application are classified in the The procedure established by the law on State secrets. In doing so, the applicant is informed of the possibility of withdrawing an application for a useful model or converting it into an application for a secret invention. The application shall be suspended pending receipt of an application from the applicant or a declassification of the application. "; 112) Article 1391 shall be amended to read: Article 1391. Forensics from an application to an industrial sample 1. Upon application for an industrial sample received by the federal executive body on intellectual property, a formal examination shall be conducted, during which the existence of the documents referred to in article 1377, paragraph 2, shall be checked. of the present Code and their conformity with the requirements. If a formal expert examination is positive, the application for an industrial sample is evaluated on the merits, which includes: information search for the declared industrial sample for determination The public information that will be subject to the verification of its patentability; Verification of the conformity of the declared industrial core to the requirements established by article 1231-1, paragraph 4 of article 1349 of this Code; and the conditions of patentability provided for in the first paragraph of paragraph 1, Article 1352, paragraph 5, of this Code; Verification of the conformity of an asserted industrial model with the conditions of patentability required by the second paragraph of article 1352, paragraph 1, of this Code. The information search for the objects referred to in article 1349, paragraph 4, paragraph 4, of this Code shall not be conducted, which shall be notified to the applicant by the federal executive authority. 2. If, as a result of an examination of an application for an industrial core, it is established that the declared industrial sample presented on the exterior images of the product does not apply to the objects referred to in article 1231-1 or article 1349, paragraph 4 of this Code, and corresponds to the conditions of patentability provided for in article 1352 of this Code, the federal executive body on intellectual property takes a decision to issue a patent on an industrial sample. The decision shall specify the date of application for the industrial master and date of the industrial priority. If, in the process of examination of an application for an industrial core, it is established that the declared object does not meet at least one of the requirements or conditions of patentability referred to in the first paragraph of this paragraph, The executive branch of the Intellectual Property Office decides not to issue a patent. 3. When carrying out a formal examination of the application for an industrial sample and the examination of the merits of the application, the provisions of article 1384, paragraphs 2 to 5, article 1386, paragraphs 2 and 3, article 1387, paragraphs 2 and 3, articles 1388 and 1389, respectively, shall apply. of this Code. "; 113), in article 1392, paragraph 3, of the words" monetary compensation ", replace the words" compensation "by" compensation "; 114) in article 1393: (a), paragraph 1 The following wording: " 1. On the basis of the decision to grant a patent for an invention, a useful model or industrial model, adopted in accordance with the procedure established by article 1387, paragraph 1, article 1390, paragraph 2, article 1391, paragraph 2, or article 1248 of this Code, the body of the executive branch of intellectual property introduces an invention, a useful model or industrial model in the relevant state register-the State Register of Inventions of the Russian Federation, the State Register of Usable of the Russian Federation and the State Register of Industrial of the Russian Federation and issues a patent for an invention, a useful model or an industrial sample. If a patent is claimed in the name of several individuals, one patent is granted to them. "; b), paragraph 2 should read: " 2. The State registration of inventions, a useful model or industrial model, and the granting of a patent are subject to the payment of patent fees. If the applicant is not paid a patent in the prescribed manner, the registration of the invention, the useful model or the industrial sample, and the grant of the patent are not carried out, and the application is recognized as withdrawn by a decision of the Federal the executive branch on intellectual property. In the case of a challenge to the award of a patent for invention, a useful model or an industrial sample in the manner prescribed by article 1248 of this Code, the decision to accept the application is not accepted. "; c) 4 as follows: " 4. The federal executive body on intellectual property shall make, on the application of the holder, a patent for invention, a useful model or an industrial model, and (or) an appropriate state register of change, relating to the rights holder and/or author, including the title, the name of the right holder, his location or place of residence, the name of the author, the address for correspondence, and the changes to remedy the obvious and technical errors. "; 115) Article 1394, paragraph 1, should be redrafted to read: " 1. The Federal Executive of the Intellectual Property Office publishes in the Official Gazette information about the invention of the invention or the useful model including the author's name (if the author did not refuse to be mentioned as such), the name or name of the patent holder, the name and the formula of the invention or the useful model. The Federal Executive of the Intellectual Property Office publishes in an official bulletin information on the issuance of a patent on an industrial sample, including the author's name (if the author did not refuse to be mentioned as a ), the name or name of the patent holder, the name of the industrial sample, and the image of the article giving a complete picture of all the essential features of the industrial sample. The composition of the published information is determined by the federal executive authority responsible for the regulation of intellectual property. "; 116), article 1395, paragraph 2, , to read: " With regard to the application that served as the basis for the request for priority on an international application submitted to the federal executive body on intellectual property, the provisions of the paragraph Article 1381, paragraph 3, of this Code shall not apply. "; 117) in article 1396: (a), paragraph 1 should read: " 1. The federal executive body on intellectual property begins consideration of an international application for the invention or useful model that is submitted under the Patent Cooperation Treaty, in which the Russian Federation stated as the State in which the applicant intends to obtain a patent for an invention or a useful model, thirty-one months after the date of the request in the international order, subject to submission to the Federal the executive branch of the patent application for the invention or a useful model. At the request of the applicant, an international application shall be considered before the expiry of that period. The submission to the federal executive branch of the intellectual property of a patent for an invention or useful model may be replaced by the submission of the statement contained in the international application Russian or translation of such a statement into Russian. If these documents are not submitted within the specified deadline, the international application for the Russian Federation under the Patent Cooperation Treaty is terminated. { b } { h } { h } { h } Amend the text as follows: " 2. The consideration of the Eurasian application for invention, which is in accordance with the Eurasian Patent Convention by force of the application of this Code of Invention, is implemented starting from the date on which the Federal Executive Intellectual property received from the Eurasian Patent Office with a certified copy of the Eurasian application. "; 118) Article 1398 should read as follows: " Article 1398. Invalidation of a patent on invention, useful model, or industrial sample 1. A patent for an invention, a useful model or an industrial specimen may be declared invalid wholly or partly in the case of: 1) the inventions of the inventions, the useful model or the industrial model to the conditions of patentability, The present Code, or the requirements of article 1349, paragraph 4, of this Code, as well as the lack of conformity of the industrial model with the requirements of article 1231-1 of this Code; (2) of the non-conformity applications for the invention or useful model submitted to the the date of its submission, the requirement to reveal the essence of invention or a useful model with completeness, sufficient to carry out an invention or a useful model by a specialist in a given field of technique; 3) availability in the formula of invention or useful The model, which is contained in the decision on the granting of a patent, of signs not disclosed on the date of submission of the application in documents submitted on that date (article 1378, paragraph 2), or of the existence of a patent on the industrial master images of the product incorporating the essential features of an industrial sample, Missing in the image submitted on the date of application or images of the product from which the essential features of the industrial sample were removed from the images submitted on the date of submission of the application (Article 1378, para. 3); (4) issuing a patent if there are multiple applications for identical inventions, useful models or industrial designs having the same priority date, in violation of the conditions set out in Article 1383 of this Code; 5) A patent with an indication of the author or the patentee of a person, either under this Code or without specifying in the patent as the author or patentee of the person who is such under this Code. 2. A patent for an invention, a useful model or an industrial sample for the duration of its validity, as set out in article 1363, paragraphs 1 to 3, of this Code, may be challenged by an objection to the federal executive authority Any person who has become aware of the violations referred to in paragraphs 1 to 4 of paragraph 1 of this article. The patent for an invention, useful model, or industrial sample within the period of its validity, set out in paragraphs 1 to 3 of article 1363 of this Code, may be challenged in the courts by any person who has become aware of the the violations referred to in paragraph 1, subparagraph 5, of this article. The patent for an invention, useful model or industrial sample may be challenged by the person concerned and after the expiry of its validity on the grounds and in accordance with the procedure set out in paragraphs 1 and 2 of this paragraph. 3. At the time of the patent's challenge, the patent holder has the right to apply for patent conversion to a patent for a useful model if the patent for invention did not exceed the patent term for the useful model, As provided for in article 1363, paragraph 1, of this Code. The Federal Executive of the Intellectual Property Authority satisfies the statement that the patent is converted into a patent for a useful model, provided that the invention of the patent is invalidated and that compliance with the patent A useful model for the requirements and conditions for the patentability of the useful models and provided for in article 1349, paragraph 4, article 1351, article 1376, paragraph 2, of the present Code. There is no conversion if a patent for an invention is issued on an application for which a declaration was submitted with a proposal to conclude a contract for the alienation of a patent in the manner prescribed by article 1366, paragraph 1, of the present Code, and this statement is not withdrawn in accordance with article 1366, paragraph 3, of the present Code, on the day of the application for the conversion of a patent. If the patent is converted to a patent for a useful model, the priority and date of the application are retained. 4. A patent for an invention, useful model or industrial sample is null and void in whole or in part on the basis of a decision taken by the federal executive body on intellectual property pursuant to paragraphs 2 and 3 Article 1248 of this Code or the court's decision which has entered into force. If a patent is invalidated, in part, a new patent is issued, a useful model or an industrial sample is issued. If you are satisfied with the application to convert the patent to a patent for a useful model, a patent is issued for a useful model. 5. A patent for an invention, a useful model or an industrial sample that is invalidated in whole or in part, shall be discarded from the date of application for the patent. 6. The license agreements concluded on the basis of a patent for invention, a useful model or an industrial sample that has subsequently been declared null and void, shall retain the effect to the extent that they were performed at the time of the decision The invalidity of a patent. 7. The recognition of a patent for invention, useful model or invalidation means the annulment of the decision of the federal executive branch on intellectual property to grant an invention, a useful model, or Industrial sample (art. 1387) and cancellation of the entry in the relevant State registry (art. 1393, para. 1). "; 119) in the third paragraph of Article 1399, the words" from the day of expiry "should be replaced by the words" after "; 120) in Article 1400: (a) Paragraph 1 should read: " 1. The patent for an invention, a useful model or an industrial sample, which was terminated as patent fees for the maintenance of the patent were not paid within the specified time limit, could be restored by the federal authority of the executive branch of the intellectual property at the request of the person to whom the patent belonged or the transferor of that person. The application for the restoration of the patent may be filed with the federal executive authority within three years from the date of expiry of the patent payment term, but before the expiry of the term of the present Code Patent. "; b) supplement paragraph 4 with the following: " 4. The right to use may be transferred to another person only in conjunction with the enterprise in which the invention is used or a solution other than the invention of only the equivalent (article 1358, para. 3), a useful model, or Industrial pattern or necessary preparations were made. "; 121) in article 1404: (a) the name should be supplemented with the words" issued by the authorized body "; b) to read" 1 to 4 "; (122) Article 1405, paragraph 2, should read: " 2. The transfer of the exclusive right under the patent, the granting of the right to use a secret invention under a licence agreement is subject to state registration in the authority that issued the patent for a secret invention, or successor, and in the absence of a successor, in the federal executive body on intellectual property. "; 123) in article 1406, paragraph 1: (a) in subparagraph 7 of the phrase" the author of an invention, a useful model or of an industrial sample under this Code " shall be deleted; (b) Paragraph 8 should be declared void; 124) to supplement article 1406-1 as follows: " Article 1406-1. Liability for violation of the exclusive right to invention, useful model or industrial sample In case of violation of the exclusive right to invention, useful model or industrial sample author or other rights holder, along with other applicable remedies and measures of liability established by this Code (articles 1250, 1252 and 1253), are entitled to demand that the offender be chosen from the violator in lieu of the payment of damages 50,000 rubles ($1,200 to $1,008); The amount of the right to use an invention, a useful model or an industrial sample based on a price that is comparable to that of the court, is determined at the discretion of the court based on the nature of the infringement; 2). The circumstances shall normally be charged for the lawful use of appropriate inventions, a useful model, an industrial model in the manner in which the offender has used the offender. "; 125) in article 1408, paragraph 2, of the words" the use of a service selection "replace" with "service selection" accomplishment "; 126), article 1423, paragraph 2, after the words" exercise State registration ", add the words" the right to use a selective achievement on the terms "; 127) in article 1425, paragraph 1, of the words" expire after termination "; 128) paragraph 2 of article 1427, paragraph 2, paragraph 2, to read: " State registration of the transfer of the exclusive right to an acquisition contract Patent is exercised by the Federal Executive selective advances subject to the payment of all patent fees from which the applicant was released (patentee). "; 129) in article 1430: (a) in paragraph 3, the word" other "should be replaced with the word" nationality "; (b) In the second paragraph of paragraph 4, the word "belongs" should be replaced by the word "returned"; in paragraph 5, add the following paragraph: "The right to remuneration for service selection achievement is inalienable, but passes" to the author's heirs for the remainder of the exceptional period right. "; 130) in article 1431: (a), paragraph 1, amend to read: " 1. The right to obtain a patent and exclusive right to a selection achievement created, displayed or identified under a contract, the subject of which was the creation, excretion or identification of the selection achievement (by order), belongs to the customer, if The contract between the contractor (s) and the customer is not provided otherwise. "; b) in paragraph 2 of the second sentence, delete; in paragraph 3, replace the words" use the selection achievement for own purposes " with the words " use a selection achievement for the purposes of which There is a corresponding contract; "; 131), paragraph 2, subparagraph 3, paragraph 2, of the article 1433, to declare void; 132) to supplement article 1439 with paragraph 2-1 as follows: " 2-1. According to the statement of the right holder, the federal body of the executive branch on breeding achievements makes changes related to the information about the right holder and (or) the author of the selection achievement, including the name or the name of the rights holder, His place of residence, the name of the author of the selection achievement, the address for correspondence, as well as the changes to correct obvious and technical errors in the State Register of Protected Selection Achievements and the patent for selection achievement. "; 133) in paragraph 2 of article 1448, paragraph 2 "the combination of these elements and the links between them"; 134) in article 1449, paragraph 2, the words "the use of the service topology" shall be replaced by the words "the use of the service topology". "service topology"; 135) in article 1452: (a) in the second paragraph of paragraph 1, the words "the issuance of a certificate of State registration" shall be replaced by the words "State registration"; b) in paragraph 2 of the word "extradition". "Replace" with the word "State" registration "; in paragraph 3, paragraph 3 (3) shall be declared void; g) in the second paragraph 5 of paragraph 5 of the words" the federal executive authority on intellectual property, or on its own initiative, the applicant is entitled to The publication of the information in the official bulletin "shall be replaced by the words" of the said federal authority of the executive branch or on its own initiative, the author or other right holder has the right to the moment of state registration "; d) paragraph 7 Amend the text as follows: " 7. According to the right holder, the federal executive body on intellectual property makes changes relating to the information about the right holder and/or the author of the topology, including the name or the name of the rights holder, The location of the location or place of residence, the name of the author of the topology, the address for correspondence, as well as changes to correct obvious and technical errors in the Register of topologies of integrated circuits and the certificate of state registration of the topology. The Federal Executive for Intellectual Property publishes in the Official Bulletin any changes to the entries made to the Register of Integral Chip Topology. "; 136) in paragraph 4 of the article 1457 replace "After expiry" with "After termination", the words "for the use of" delete; 137) to be supplemented by article 1457-1, as follows: " Article 1457-1. The exclusive right to the topology Inheritance The exclusive right to the topology applies exception to inheritance (article 1283). "; 138) Amend the text as follows: " Article 1460. { \b Exclusive } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b 1. The exclusive right to the topology and the licensing contract must be concluded in writing. Failure to comply with a written form shall render the contract null and void. 2. If the topology is registered (article 1452), alienation and the guarantee of exclusive right to the topology, provision of the right to use the topology, the exclusive right to topology without a contract is subject to the state Registration in the federal executive branch of intellectual property in the manner prescribed by article 1232 of this Code. "; 139) in article 1461: (a) or civil law "; b) paragraph 4, add to paragraphs , to read: " The right to remuneration for the service topology is inalienable, but passes to the author's heirs for the remainder of the period of validity of the exclusive right. In case the exclusive right to the topology belongs to the author, the employer has the right to use this topology on a simple (non-exclusive) license with payment to the right holder. "; 140) in Paragraph 1 of article 1462, paragraph 1, of the words "In the case where the topology is established", replace the words "exclusive right of the topology created" with the words "exclusive right of such a topology" to be deleted; 141) in article 1463: (a) Paragraph 1 of the word "Where the topology is created" to be replaced by the words " "Exclusive right to a topology created", the words "exclusive right to such a topology", delete; (b) in paragraph 3, replace the words "for own purposes" with the words "for the purposes of which the treaty in question has been concluded"; 142) Article 1465 should read: " Article 1465. The secret of production (know-how) 1. The secret of production (know-how) of any nature (production, technical, economic, organizational and other) of the scientific and technological knowledge and the means of implementation Professional activities having a valid or potential commercial value due to the failure of their third parties to have free access to such information and the holder of such information Take reasonable measures to respect their confidentiality, including by introducing of the regime of commercial confidentiality. 2. The secret of the proceedings may not be deemed to be mandatory for disclosure of which disclosure or restriction of access to which restricted access is established by law or other legal act. "; 143) part two of article 1471, to declare null and void; 144) in Article 1473: (a) the first paragraph 3 should read: " 3. The legal person shall have one full trade name and have the right to have one abbreviation in Russian. A legal entity may also have one full trade name and (or) an abbreviated trade name in any language of the peoples of the Russian Federation and (or) the foreign language. "; b) paragraph 4, subparagraph 3, to be declared invalid; , paragraph 5, amend to read: " 5. If the corporate name of a legal entity does not meet the requirements of Article 1231-1 of this Code, paragraphs 3 and 4 of this Article, the body conducting the state registration of legal entities has the right to bring an action against such a legal person. on how to change the brand name. The provisions of article 61, paragraphs 2 and 3, of this Code do not apply in this case. "; 145) in article 1474: (a) paragraph 1 of paragraph 1, in addition to the words", on the Internet "; b), paragraph 4 should read as follows: " 4. A legal person who has violated the rules of paragraph 3 of this article, at the request of the right holder, has the obligation to terminate the use of the company name, the identity of the holder's identity or similar to the degree to which it is similar. Intermingle, for activities similar to those carried out by the right holder, or to change their trade name, as well as the obligation to compensate the owner for the loss caused. "; 146) in article 1483: (a) Paragraph 7, paragraph 7, shall be declared invalid; b) add the following: " 1-1. The provisions of paragraph 1 of this article do not apply to symbols that: 1) have acquired a distinctive capability as a result of their use; 2) consists only of the elements referred to in paragraphs 1 to 4 of paragraph 1 of this article, forming a combination that has a distinctive capability. "; in), paragraph 2 should be redrafted to read: " 2. State registration is not permitted as trademarks of symbols that refer to objects not subject to legal protection under article 1231-1 of this Code, or similar to the degree of mixing. "; g) In paragraph 6: , in subparagraph 1, the words "without withdrawal or recognition" should be replaced by the words "not withdrawn, rejected, or no decision has been taken to refuse State registration"; subpara. 3 "from a date earlier than the priority of the marking"; paragraph fifth, amend to read: "Registration as a trademark for homogeneous goods of a symbol similar to that of any of the marks referred to in subparagraphs 1 and 2 of this paragraph," is permitted with the consent of the holder, provided that such registration cannot be the cause of misleading the consumer. Consent cannot be revoked by the right holder. "; to add to the following paragraph: " The provisions set out in paragraph 5 of this paragraph do not apply to symbols similar to the degree of mixing with collective signs. "; (d) in paragraph 7 of the phrase" except where such designation "is replaced by the words" and the designation declared to be registered as such before the date of the priority date of the trademark, except in the case of ". if such name or similar to the degree of blend of the symbol ", In the words "if the registration of a trademark" is replaced by the words "provided that the registration of the trademark"; e) in paragraph 9: , subparagraph 2, after the words "Article 1265", insert the words "and article 1315, paragraph 1, subparagraph 3"; add the following paragraph: "The provisions of this paragraph shall also apply to symbols similar to the degree of interminging with the objects specified therein."; ), paragraph 10 should read as follows: " 10. They may not be registered as trademarks in respect of homogenous goods, the elements of which are protected by this Code of the individualization of other persons, similar to the degree of mixing. and the objects referred to in paragraph 9 of this article. State registration as trademarks of these symbols is permitted, subject to the consent given in paragraph 6 and paragraphs (1) and (2) of this article. "; (s) to supplement paragraph 11 , to read: " 11. According to the grounds provided for in this article, legal security is also not given to trademarks registered under international treaties of the Russian Federation. "; "to replace the words" by the non-changing nature of the trademark "; 148) in article 1489: (a) in paragraph 1 of the phrase" relating to a particular business sphere "to read" in the ratio of all or part of the goods for which the trademark is registered "; b) add the following content: " 1-1. The licensing contract for the use of a trademark must contain, in addition to the conditions stipulated in article 1235, paragraph 6, of this Code, the list of goods subject to the right to use the goods "; in paragraph 3, in the words" the use of that name "is replaced by the words" in such name "; 149) Article 1490 should read:" Article 1490. Form of an exclusive trademark right and state registration of exclusive right to trademark, exclusive trademark right provisioning trademark authority 1. A contract for the exclusion of the exclusive right to a trademark, a licence contract, and other contracts by which the exclusive right to the trademark is exercised shall be concluded in writing. Failure to comply with a written form shall render the contract null and void. 2. The granting and the guarantee of the exclusive right to the trademark, the right to use it under the contract, and the transfer of the exclusive right to a trademark without a contract are subject to State registration in accordance with the procedure established by article 1232. of this Code. "; 150) in article 1491: (a), paragraph 1, amend to read: " 1. An exclusive right to a trademark is valid for a period of ten years from the date of application for State registration of a trademark in the Federal Executive on Intellectual Property or in the case of registration of a trademark from the date of submission of the original application. "; b) in the third paragraph of paragraph 2 of the word" subject to the payment of the duty "delete; 151) paragraph 5 of article 1492 read: " 5. The application for the trademark must be accompanied by a collective character, if the application is submitted to a collective mark (art. 1511, para. 1). "; After applying for a trademark in the federal executive body on intellectual property, any person has the right to familiarize with the documents of the application. The Federal Executive of the Intellectual Property Office publishes in the Official Gazette the details of applications for trademarks. After publication of the information about the application pending a decision on the state registration of the trademark, any person has the right to submit an appeal in writing to the federal executive authority on intellectual property. Containing the argument that the claim is not in conformity with the requirements of articles 1477 and 1483 of this Code. "; 153) in the first paragraph of article 1496, paragraph 3, of the word" within six months from the date of receipt by the federal executive authorities on intellectual property "shall be replaced by the words" in the course of seven months from the day of the federal executive branch on intellectual property "; 154) in article 1497: (a) paragraph 3 should be supplemented by the words" or until a decision is made to refuse State registration "; (b) In the second paragraph of paragraph 4, first sentence should read: " Additional material to be submitted by the applicant within three months from the date of the Federal Executive's the intellectual property of an appropriate request or copies of undelivered application of the material provided that the copy was requested by the applicant within two months from the date of the request by the federal executive body on intellectual property. "; 155) in article 1499: (a) In paragraph 1: , replace "and paragraphs 1-7" with "and paragraphs 1 to 7, paragraph 9, subparagraph 3 (in parts of industrial), paragraph 10 (as part of individualization and industrial)"; , to read: " If you are accessing the In accordance with article 1493, paragraph 1, paragraph 1, of the present Code, the reasons for the non-conformity of the declared designation of the requirements of articles 1477 and 1483 of this Code are taken into account in the examination of the declared Symbol. "; b) to add the following sentence:" In accordance with the international treaties of the Russian Federation on the results of the examination of the trademark by the federal executive body on intellectual property, " Property takes the decision to grant or refuse legal protection. "providing legal protection to a trademark in the territory of the Russian Federation."; in paragraph 3 of the phrase "the results of the examination of the declared symbol may be aimed at" replacing the words "denial of the State". Registration of a trademark or decision on the State registration of a trademark in respect of a portion of goods contained in the list of goods on the date of application or on the list modified by the applicant under article 1497, paragraph 2. Code, applicant is sent "; 156) in article 1500: a) Paragraph 1 should read: " 1. Decisions of the federal executive branch on intellectual property on the refusal to accept the trademark application for consideration, the state registration of the trademark, the refusal of state registration of a trademark, and " The recognition of the application for a trademark, decision to grant or refusal to provide legal protection in the territory of the Russian Federation to the trademark in accordance with the international agreements of the Russian Federation may be contested by the complainant by submitting an objection to the federal executive authority -Intellectual property within four months from the date of the relevant decision or of the copies of the unsolicited materials requested from the federal executive authority, provided that the applicant has requested a copy of these materials within two months from the date of the relevant decision. "; (b) in paragraph 2, the words" the Chamber of Patent Disputes "shall be replaced by the words" the federal executive authority on intellectual property "; 157) Article 1501 should read: " Article 1501. Restoring missing { \field } { \b } { \b } { \b } { \b } { \b The period covered by article 1497, paragraph 4, and article 1500, paragraph 1, of this Code and the applicant's missing may be reinstated by the federal executive authority on intellectual property at the request of the applicant. within six months from the date of expiry of this period, provided that the applicant specifies the reasons for which the deadline has not been met. The application for the restoration of the missing period shall be submitted by the applicant to the Federal Executive Office, concurrently with the additional material requested in accordance with article 1497, paragraph 4, of this Code, or with an application to extend the period of their submission, or at the same time as an objection to the federal executive body on intellectual property under article 1500 of this Code. 2. The restoration of the time limit provided for in article 1497, paragraph 4, of this Code shall be carried out in accordance with the provisions of this Chapter on the basis of a decision of the federal executive authority on intellectual property to cancel the decision to recognize the application withdrawn and to restore the missed deadline. "; 158), article 1502, paragraph 2, after the words" trademark applications "with the addition of the words" or consideration by the federal executive branch of intellectual property " Objections to the decision of the federal executive On the basis of article 1483, paragraph 6, of this Code, on the State registration of the trademark or the refusal of the State registration of a trademark "; 159) in the article. 1503: (a) the first paragraph of paragraph 1 should read: " 1. On the basis of the decision on the state registration of a trademark, which is adopted in accordance with the procedure established by article 1499, paragraphs 2 and 4, or article 1248 of this Code, the federal executive authority on intellectual property in within a month from the day of payment of the duty for the state registration of the trademark and for the issue of the certificate it performs state registration of the trademark in the State Register of Trademarks. "; b) paragraph 2. reading: " 2. If the applicant is not paid in accordance with the established procedure specified in paragraph 1 of this article, registration of the trademark is not effected and the application is recognized as withdrawn by a decision of the federal executive authority. authorities on intellectual property. In the case of a challenge to the trademark registration decision in the manner prescribed by article 1248 of this Code, the decision to accept the application is not accepted. "; 160) in article 1505: (a) Paragraph 1 in the following edition: " 1. The Federal Executive Committee on Intellectual Property issues an application by the right holder to the State Register of Trademarks and the issued certificate of the trademark change relating to the particulars of registration of the goods A sign, including the right holder, name, name, location or place of residence, address for correspondence, changes related to the reduction of the list of goods and services for which the trademark has been registered, changes in the individual elements of the mark not changing its substance, as well as changes to correct obvious and technical errors. "; b) paragraphs 3 and 4 be declared void; 161) in article 1512: (a) in paragraph 2: in paragraph 2, replace" paragraphs 6 and 7 "with" "paragraphs 6, 7 and 10"; subparagraph 6 should be amended to read: " (6) in whole or in part over the duration of the legal protection, if the rights of the right holder involved in the provision of legal protection to the goods A sign or similar to the degree of mixing to another registered mark is recognized in the -abuse of the right or unfair competition; "; add the following sentence 7: " 7), in whole or in part, throughout the duration of the legal protection, if it is granted in violation The requirements of article 1496, paragraph 3, of this Code. The provisions of paragraphs 1 to 3 of this paragraph shall apply in the circumstances prevailing on the date of the objection (Art. 1513). "; b) to supplement paragraph 4 as follows: " 4. The provision of legal protection in the territory of the Russian Federation to a trademark registered under the international treaties of the Russian Federation may be contested and declared null and void on the grounds provided for in the paragraph. 2 of this article. "; 162) in article 1513: (a) in paragraph 1 of the word" Chamber of Patent Disputes or "delete; (b) in paragraph (2), after" 1-4 "add", 6, 7 ", the words" to the Patent Disputes Chamber " should be deleted; in paragraph 3: in the paragraph of the first word " in the [ [ patent dispute]] s "should be deleted; paragraph 2 is void; 163) in article 1514: (a) paragraph 1, subparagraph 4, amend to read: " 4) on the basis of any person's declaration Decisions of the federal executive body on intellectual property on early termination of legal protection of the trademark in connection with the termination of the legal person-the right holder or the registration of the termination of a citizen's activity in Quality of an individual entreprene-owner; "; (b) supplement paragraph 5 with the following: " 5. The legal protection in the territory of the Russian Federation of a trademark registered in accordance with the international agreements of the Russian Federation shall be terminated on the basis and in the manner provided for in this article. "; 164) In paragraph 2 of article 1518: (a), the first paragraph after the word "certificate" should be added with the words "or evidence", the words "by these persons" should be replaced by the words "each such person"; (b) paragraph 2, in addition to the words " (art. 1516) "; 165) the first paragraph of article 1519, paragraph 2, should read reading: " 2. The use of the name of the place of origin of the goods is considered, inter alia, to place this name: "; 166) in article 1522: (a), paragraph 2, should be added to the following paragraph: The registration of the name of the place of origin of the goods and the granting of the exclusive right to that name may be made by one person or several persons. "; (b) paragraph (5) should read: " 5. If the geographical object, the name of which is declared as the name of the place of origin of the goods, is located in the territory of the Russian Federation, the application at the initiative of the applicant shall be accompanied by an opinion of the Government Commissioner. OF THE PRESIDENT OF THE RUSSIAN FEDERATION for a given geographical object by natural conditions and (or) human (art. 1516, para. 1). If the application for state registration of the name of the place of origin of the goods and the granting of exclusive right to this name is submitted by several persons, the application on the initiative of the applicant shall be accompanied by the conclusion indicated in the first paragraph of this paragraph, with respect to the goods of each claimant. The application for the exclusive right to the previously registered name of the place of origin of the goods in the territory of the Russian Federation is attached, at the initiative of the applicant, to the conclusion of the competent authority In the light of the above, the State Register of Names of Place of Origin of Goods of the Russian Federation (State Register of Names) 1529). If the opinion referred to in paragraphs 1, 2 and 3 of this paragraph is not submitted by the applicant, the federal executive authority for intellectual property shall request the said opinion or contained therein. Information in an authorized body. The Office of the Ombudsperson shall monitor the preservation of the special properties of the goods for which the name of the place of origin is registered. If the geographical object, the name of which is declared as the place of origin of the goods, is located outside the Russian Federation, the application shall be accompanied by a document confirming the applicant's right to the declared place of origin. The name of the place of origin of the goods in the country of origin of the goods. "; in) to supplement paragraph 9 with the following: " 9. The Federal Executive of the Intellectual Property Office publishes in the Official Gazette information on applications submitted for the name of the place of origin of the goods, with the exception of information describing the special characteristics of the goods. After the publication of the details of the application and prior to the decision on the state registration of the name of the place of origin of the goods and the granting of exclusive right to such name or refusal of state registration The name of the place of origin of the goods and (or) in granting the exclusive right to such name, any person has the right to submit to the federal executive body on intellectual property a written statement containing arguments against the granting of legal security for the name of the place of the origin of the goods or against granting the exclusive right to use the name of the place of origin of the goods. "; 167) paragraph 2 of article 1523, paragraph 3, amend to read: " Additional material shall be submitted by the applicant within three months from the date of the request by the federal executive authority on the intellectual property. At the request of the complainant, this period may be extended for a maximum period of six months, provided that the application is made before the deadline for the submission of the reply to the request. If the applicant violated the time limit or left the request for additional material without a response, the application is recognized as withdrawn by a decision of the federal executive authority on intellectual property. "; 168). Article 1525: (a) In the third paragraph, replace the word "second" with "third"; b) to be supplemented with the following paragraph: " In the event of an appeal under article 1522, paragraph 9, of this Code the arguments contained therein are taken into account in the examination of the alleged "; 169) in article 1528: (a) in paragraph 1 of the words" to the Patent Disputes Chamber within three months from the date of receipt "to replace" with the federal executive authority on intellectual property in four months from the day of the direction "; b) in paragraph 2: the first paragraph should read: " 2. The period covered by paragraph 3 of article 1523 of this Code and paragraph 1 of this article by the applicant may be reinstated by the federal executive authority on the application of the applicant. within six months from the date of expiry of this period, provided that the applicant specifies the reasons for which the deadline has not been met. "; to add to the following paragraph: " Reinstate of the period under review " by a decision of the federal executive The authorities on intellectual property to rescend the decision to accept the application withdrawn and to reinstate the missed deadline. "; 170), paragraph 1, paragraph 1, should read: " 1. The certificate of exclusive right to the name of place of origin of the goods is issued by the federal executive body on intellectual property within one month from the day of payment of the duty for issuing the certificate of exclusive right The name of the place of origin. If the specified fee is not paid in the prescribed manner, the certificate is not issued. "; 171) in paragraph 2 of article 1531: (a) the first paragraph should read: " 2. The validity of the certificate of exclusive right to the name of place of origin of the goods may be extended on the declaration of the holder of the certificate. A statement on the initiative of the right holder is attached to the conclusion by the authorized body that the holder of the certificate shall produce at the borders of the relevant geographical object the goods with the specified names in the State Register of Names special properties. If the opinion of the authorized body is not submitted by the right-holder, the federal executive body on intellectual property requests the opinion or the information contained therein in the competent authority. "; b) in the paragraph In the fourth word "subject to the payment of an additional duty" delete; 172) Article 1532 should read: " Article 1532. Changes to the State Register name and certificate of exception right to name of place of origin 1. The Federal Executive on Intellectual Property issues an application by the right holder to the State Register of Names and a certificate of exclusive right to the name of the place of origin of the goods. to the State registration of the name of the place of origin of the goods and the granting of the exclusive right to that name (art. 1529, para. 2), including the name or name of the right holder, his location or place of residence, address for correspondence, as well as changes to correct the apparent and technical errors. 2. The statement of change in the description of the special characteristics of the goods for which the name of the place of origin is registered, at the initiative of the right holder, is attached to the conclusion of the authorized body that such changes are not have a significant impact on the specific properties of the product. If the authority's conclusion is not submitted by the applicant, the federal executive body on intellectual property requests the opinion or the information contained therein in the competent authority. "; 173) in the article 1535: (a) In paragraph 1: in the first paragraph of the word "certificate", replace "all certificates"; in the third word "certificate" should be replaced by the words "all certificates"; (b) first paragraph 2 to be supplemented by the words ", if the exclusive right has been granted c In violation of the requirements of this Code "; 174) in article 1536: (a), paragraph 1, subparagraph 2, restate: " (2) termination of the legal protection of the name of the place of origin of the goods in the country of origin goods. "; b) in paragraph 2: subpara. 3: " (3) the termination of the legal person-the right holder, or the registration of an individual's cessation of activities as an individual The owner of the right holder or the death of such a citizen; "; add the following to subparagraph 6: "6) the loss by a foreign legal person, a foreign national or a stateless person, of the right to the name of the place of origin of the goods in the country of origin of the goods."; (c) In the first paragraph of paragraph 3, after the word "certificate", add "or evidence", the words "and on the basis of paragraph 2 (3)" should be replaced by the words "and on the grounds provided for in subparagraphs 3 and 6 of paragraph 2"; 175) in article 1537: (a), paragraph 2, subparagraph 2, should read as follows: "(2) in two-time value of counterfeit goods where the name of the place of origin of the goods is illegally placed."; b) in paragraph 3 of the word "warning mark" to replace In the words "using the name of the place of origin of the goods"; 176), paragraph 1 of article 1539, after the word "packages," to be supplemented by the words "on the Internet", ". Article 4 class="doclink " href=" ?docbody= &prevDoc= 102171743&backlink=1 & &nd=102088094 "target="contents"> dated July 29, 2004 N 98-FZ " On commercial secret " (Russian Federation Law Assembly, 2004, N 32, est. 3283; 2006, N 6, sect. 636; N 52, sect. 5497; 2007, No. 31, sect. 4011; 2011, N 29, article The following modifications: 1) of Part 1 of Article 1 should read: " 1. This Federal Law regulates relations relating to the establishment, modification and termination of the commercial confidentiality regime with respect to information that has a real or potential commercial value due to the fact that it is not known to the third party. article 2, paragraph 2, of the Convention on the Rights of the economic, organizational and other), including results Intellectual activity in the scientific and technical field, as well as information on the means of carrying out professional activities that have a real or potential commercial value due to the failure of their third parties to whom There is no free legal basis for which the holder of such information has entered into a regime of commercial secrecy; "; 4) to supplement article 6-1 as follows: Article 6-1. Rights of the holder of information trade secret 1. The rights of the holder of information constituting a trade secret arise from the time they are established in respect of this information of the regime of commercial secrecy, in accordance with article 10 of this Federal Law. 2. The holder of the information constituting a commercial secret has the right: 1) to establish, modify, modify, in writing, the regime of commercial secrecy in accordance with this Federal Law and the Civil Law Treaty; (2) To use the information that constitutes a commercial secret for its own needs, in a manner not contrary to the legislation of the Russian Federation; 3) to permit or prohibit access to information constituting a commercial secret; Determine the order and conditions for accessing this information; 4) require legal persons, individuals who have access to information constituting a trade secret, public authorities, other state bodies, local authorities, who have been provided with information Commercial confidentiality, compliance with the duty to protect its confidentiality; 5) to require persons who have access to information constituting a trade secret as a result of actions taken by accident or by mistake, the confidentiality of this information; 6) to protect in the installed by law in the case of disclosure, unlawful receipt or unlawful use by third parties of information constituting a trade secret, including claiming damages for the violation of his or her rights. "; 5) Article 11 should read: " Article 11. Protection of confidentiality of information, business secret, in the framework of labor relations 1. In order to protect the confidentiality of the information that constitutes a commercial secret, the employer is obliged: 1) to acquaint the employee's receipt with the information to which the employer and its counterparties are the holder, is necessary for the employee to perform his/her work duties, with a list of information constituting a trade secret; 2) to acquaint an employee with the employer's business secret and with measures responsibility for infraction; 3) create the labor required The conditions for their compliance with the commercial confidentiality regime established by the employer. 2. The worker's access to information that constitutes a commercial secret is subject to his or her consent, provided that it is not provided for in his or her employment obligations. 3. In order to protect the confidentiality of the information that constitutes a commercial secret, the employee is obliged: 1) to fulfil the employer's commercial secret regime; 2) not to disclose the information, the owners of which are the employer and its counterparties, and without their consent, not to use this information for personal purposes for the entire duration of the commercial confidentiality regime, including after termination of the employment contract; 3) the employer of the loss if the employee is guilty of disclosure, A trade secret, which has become known to him in connection with the performance of his/her work duties; 4) to hand over to the employer, upon termination or termination of the employment contract, the material carriers of information in use A worker and containing information constituting a trade secret. 4. The employer is entitled to claim damages caused by the disclosure of information constituting a trade secret from a person who has been granted access to this information in connection with the performance of his or her work duties, but has terminated his/her employment relationship with the employer. The employer, if the information is disclosed during the period of the commercial secrecy regime. 5. The employee or the employer who terminated the employment relationship with the employer shall not be compensated if the disclosure of the information constituting the trade secret occurred as a consequence of the employer's failure to comply with the measures to enforce the commercial regime. secrets, acts of third persons or force majeure. 6. The employment contract with the head of the organization must provide for its duty to protect the confidentiality of the commercial confidentiality of information held by the organization and its counterparties and the responsibility for the To protect the confidentiality of this information. 7. The head of the organization shall reimburse the organization for the damages caused by his actions in connection with the violation of the Russian Federation's law on commercial confidentiality. At the same time, damages shall be determined in accordance with civil law. 8. An employee has the right to challenge the unlawful establishment of a regime of commercial secrecy with respect to information to which he has access in connection with the performance of his duties. ". Article 5 Federal Law of December 18, 2006 No. 231-FZ "On the introduction of Part Four of the Civil Code of the Russian Federation" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5497) The following changes: 1) to Article 11 be supplemented with Part Four: " An exclusive right to the result of an intellectual activity created under a state contract before 1 January 2008; and The Russian Federation or the constituent entity of the Russian Federation may be assigned to the performer if the State customer does not implement the practical application (s) of this result by 1 January 2015. If such an exclusive right requires State registration, but nevertheless the relevant public registry has not been made, the executor of the works interested in the practical application (s) of this result must accept The necessary measures for State registration and obtaining a patent. The procedure for the consolidation of exclusive rights to the performance of work and other persons shall be established by the Government of the Russian Federation. "; (2) Article 12 shall be declared invalid. Article 6 Paragraph 2 of Article 4 of the Federal Law of 2 July 2013 N 187-FZ "On amendments to selected legislative measures" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3479) be declared invalid. Article 7 1. This Federal Act shall enter into force on 1 October 2014, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Article 1 of this Federal Law shall enter into force on 1 July 2014. 3. Paragraph 5, subparagraph "b" of paragraph 32, paragraphs 33, 86 and 124 of article 3 of this Federal Law shall enter into force on 1 January 2015. 4. The provisions of article 1363 of the Civil Code of the Russian Federation (in the wording of this Federal Law) apply to patents for industrial purposes. Samples issued on applications for which the delivery date has been set after 1 January 2015. 5. The provisions of article 1366 of the Civil Code of the Russian Federation (in the wording of this Federal Law) apply also to applications submitted prior to the day The entry into force of this Federal Act. 6. The rules of article 1286, paragraph 5, of the Civil Code of the Russian Federation (as amended by this Federal Law) apply to licensing contracts, Proposals for the conclusion of which are made after the day of the entry into force of this Federal Act. 7. The provisions of the Civil Code of the Russian Federation (in the wording of this Federal Law) apply to legal relations that have arisen after the day The entry into force of this Federal Act. According to the law, the provisions of the Civil Code of the Russian Federation, as amended by the date of the entry into force of this Federal Law, of this Federal Act) shall apply to the rights and duties that will arise after the day of the entry into force of this Federal Act. 8. Before bringing the legislative and other regulatory legal acts in force on the territory of the Russian Federation into line with the provisions of Civil Code of the Russian Federation (as amended by the present Federal Act). (...) (...) 9. After the day of the entry into force of this Federal Act, the federal executive body on intellectual property continues to review in accordance with the procedure established by the rules Civil Code of the Russian Federation (in the wording of the day of the entry into force of this Federal Law): 1) for a patent Invention, utility model, industry, trademark, service mark or name The place of origin of the goods not completed prior to the date of the entry into force of this Federal Law; (2) objections, which are in the administrative order established by article 1248 The Civil Code of the Russian Federation (edited before the day of the entry into force of this Federal Law) was not completed until the day of entry into force of this Federal Law. 10. In the cases provided for in Part 9 of this Article, the conditions for the patentability of inventions, a useful model or industrial model and the requirements for the goods mark, the service mark or the name of the place of origin of the goods shall apply; as provided by the law in force at the date of submission or receipt of the application. President of the Russian Federation Vladimir Putin Moscow, Kremlin 12 March 2014 N 35-FZ