WT/acc/rus/70 wt/min(11)/2
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Table 34 - TRIPS Enforcement Measures – Identification of Russian Laws
| TRIPS Enforcement Measures | Identification of Russian Law |
| Article 41(1) | Part IV of CC, Article 1250-1253 (general). |
| Article 41(2) | Civil Procedural Code, Article 3-6,11-13, 98, 107-112, 123, 154. Arbitration Procedural Code, Article 2-10, 13, 101-118. Criminal Procedural Code, Article 6-8, 15, 128-132. |
| Article 41(3) | Civil Procedural Code, Article 10, 12, 55-60, 67, 174, 190, 195, 197-199, 214. Arbitration Procedural Code, Article 9, 10, 64-68, 71, 81, 162, 164, 169-170, 176, 177. Criminal Procedural Code, Article 6, 17, 240, 244, 247-249, 296, 297, 303, 305-310, 312. |
| Article 41(3) | Civil Procedural Code, Article 195-198. Arbitration Procedural Code, Article 168-170. Criminal Procedural Code, Article 297, 299, 303-308. |
| Article 41(4) | Part 1 of the CC, Article 11. Part IV of the CC, Article 1248; Civil Procedural Code, Article 35, 209. Arbitration Procedural Code, Article41, 42, 180, 181. Criminal Procedural Code, Article 19, 405, Chapters 43-45, 48, 49. |
| Article 42 | Part 1 of the CC, Article 11. Part IV of the CC, Article 1248, 1250-1254. |
| Article 42 | Civil Procedural Code, Article 113-116. Arbitration Procedural Code, Article121, 122-124. |
| Article 42 | Civil Procedural Code, Article 10. Arbitration Procedural Code, Article 11. Federal Law "On Commercial Secret", Article 6, 13. |
| Article 43(1) | Civil Procedural Code, Article 55-58, 64-66. Arbitration Procedural Code, Article 64-66, 72. |
| Article 44(1) | Part 1 of the CC, Article 12.2. Part IV of the CC, Article 1250-1253, 1302,1312,1515,1537. Civil Procedural Code, Article 140. Arbitration Procedural Code, Article 90, 91, 99. |
| Article 45(1) | Part I of the CC Article 12, 15. Part IV of the CC, Article 1252, 1301, 1311, 1515, 1537. |
| Article 45(2) | Part I of the CC Article 12, 15. Civil Procedural Code, Article 88, 94, 98-100. Arbitration Procedural Code, Article 101, 106, 110. |
| Article 46 | Part IV of the CC, Article 1252, 1515. Civil Procedural Code, Article140. Arbitration Procedural Code, Article 90, 91, 94, 98, 99. Code of administrative offences Article 3.7, 7.12, 14.10, 32.4. |
| Article 46 | Part IV of the CC, Article 1252, 1515. Civil Procedural Code, Article140. Arbitration Procedural Code, Article 90, 91, 94, 98, 99. Code of administrative offences Article 3.7, 7.12, 14.10, 32.4. |
| Article 48(1) | Civil Procedural Code, Article 98-100. Arbitration Procedural Code, Article 98, 99, 110-112. |
| Article 48(2) | Part II of the CC, Article 1064.3, 1069, 1070. |
| Article 50(1) | Civil Procedural Code, Article64-66, 139-140. Arbitration Procedural Code, Article 72, 90-91, 99. |
| Article 50(2) | Civil Procedural Code, Article141. Arbitration Procedural Code, Article 93, 96, 99. |
| Article 50(3) | Civil Procedural Code, Article143, 146. Arbitration Procedural Code, Article 92, 94, 99. |
| Article 50(4) | Civil Procedural Code, Article142. Arbitration Procedural Code, Article 93. |
| Article 50(4) | Civil Procedural Code, Article143-145. Arbitration Procedural Code, Article 93, 95, 97, 98, 99. |
| Border Measures | |
| Article 51 | CU Customs Code Article 328, Law on Customs Regulation, Article 305. |
| Article 52 | The Agreement on common customs registry of objects of intellectual property of States - Members of the Customs union, Federal Law on Customs regulation, Article 306 |
| Article 52 | The Agreement on common customs registry of objects of intellectual property of States - Members of the Customs union, Federal Law on Customs regulation, Article 306 |
| Article 53 (2) | The Agreement on common customs registry of objects of intellectual property of States - Members of the Customs union, Federal Law on Customs regulation, Article 306 |
| Article 54 | CU Customs code Article 331, Federal Law on Customs Regulation Article 308 |
| Article 55 | CU Customs code Article 331, 332, Federal Law on Customs Regulation, Article 308 |
| Article 56 | The Agreement on common customs registry of objects of intellectual property of States - Members of the Customs union, CU Customs code Article 331, Federal Law on Customs regulation Article 305, 306 |
| Article 57 | CU Customs Code, Article 333. |
| Article 57 | CU Customs Code, Article 328, 333 Federal Law on Customs Regulation, Article 305. |
| Article 58 | CU Customs Code, Article 328, Federal Law on Customs Regulation, Article 305 |
| Article 59 | Part IV of the CC, Article 1252, 1515. Civil Procedural Code, Article140. Arbitration Procedural Code, Article 110. Code of Administrative Offences, Article 3.7, 7.12, 14.10, 32.4. |
| Article 59 | Part IV of the CC, Article 1515.2. CU Customs Code, Articles 328-333, The Agreement on common customs registry of objects of intellectual property of States - Members of the Customs union, Federal Law on Customs Regulation, Articles 305 – 310 |
| Article 61 | Criminal Code, Article 146, 180. |
| Article 61 | Criminal Code, Article 104.1. Criminal Procedural Code, Article 81. |
Table 35 - Authorities of Federal Executive Bodies in the Field of Protection of Intellectual Property Rights
| The Ministry of Education and Science of the Russian Federation Is the federal executive body, responsible for the development of the State policy and elaboration of the legislation on education, science, scientific and technological and innovation activities, as well as on intellectual property. The Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) Is the federal executive body which exercise supervision and control in the sphere of legal protection and use of objects of industrial property (inventions, industrial models, useful models, trademarks, service marks, appellations of origin of goods, computer programmes, databases and layout designs of integrated circuits), and other results of intellectual activity. The Ministry of Culture of the Russian Federation Is the federal executive body responsible for the development of the State policy and elaboration of the legislation on culture, art, cinematography, and mass media. The Federal Service for Supervision of the of the legislation in the sphere of Protection of Cultural Heritage The Federal Service for Supervision of the legislation in the sphere of Protection of Cultural Heritage is a federal executive agency for the protection of cultural heritage, copyright and associated rights, surveillance and monitoring thereof, legal normative regulation of cultural heritage protection, and surveillance and monitoring of the sphere of copyright and associated rights. The Federal Agency for Culture and Cinematography Is authorised to render services in culture, art and cinematography, including issuance of special rental authorizations for demonstration of films in the territory of the Russian Federation and keeping the State Register of movies and video films as well as the State Register of films intended for their public demonstration and distribution within the territory of the Russian Federation. The Federal Agency for Press and Mass Media Is authorised to render State services in the sphere of mass media, computer networks for public use in the sphere of electronic mass media, press, publishing, printing and polygraphy. The Ministry of Economic Development of the Russian Federation Organizes and coordinates the activities carried out by federal executive bodies related to the WTO matters, inter alia, the activities related to bringing the Russian legislation on protection of intellectual property rights and its enforcement in compliance with the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The Federal Customs Service Enforces a system of measures on preventing illegal cross border shipment of goods containing objects of intellectual property through the customs border of the Russian Federation. The Service also keeps Customs Register of the objects of intellectual property. The Ministry of Industry and Trade of the Russian Federation Develops and implements the State policy on the development of technologies regarding, inter alia, creation and involvement in the industrial circulation of objects of intellectual property. The Ministry of Health and Social Development of the Russian Federation Is the federal executive body authorised to develop the State policy and elaborate the legislation on health and social development, inter alia, on the protection of consumers' rights. The Federal Service for Supervision in the Sphere of Protection of Consumers' Rights and Human Welfare Implements functions on control and supervision in the sphere of providing sanitary-epidemiological human well-being and protection of consumers' rights, inter alia, on the consumption market. This Service performs State control over quality and safety of goods and ensures protection of the consumption market from counterfeited products by way of prevention, detection, and discontinuing violations therein. It provides licensing of activities within its competence, including State Registration of products and objects, which are potentially hazardous to human health. The Federal Service for Supervision in the Sphere of Public Health and Social Development Implements functions on control and supervision in the sphere of public health and social development including pharmaceutical activity supervision and control over clinical and pre-clinical researches and medicine expertise. The Ministry of Internal Affairs of the Russian Federation Is the federal executive body responsible in the sphere of turnover of objects of intellectual property for the prevention and discontinuing of infringements as well as improving the legislation on the protection of intellectual property rights. In this regard there are special units within Department of Economic Security of the Ministry and its regional divisions dealing exclusively with infringements of intellectual property rights. Their main tasks are: - to work out and to implement measures on the protection of all kinds of property, including intellectual property, from infringement; and - to organize and to conduct preventative measures and operation search actions on detection, discontinuing and uncovering infringements on all kinds of property, including intellectual property. The Ministry of Justice of the Russian Federation Is the federal executive body responsible for the introduction of proposals on elaborating and concluding international treaties of the Russian Federation in the sphere of protection of intellectual property. The Office of Public Prosecutor Is responsible for enforcement of intellectual property laws through application of the Criminal Code and control and supervision over the enforcement of criminal provisions relating to infringement of intellectual property, including conducting preliminary investigations of criminal cases concerning infringement of copyright and related rights and inventor and patent rights. The Federal Antimonopoly Service Provides protection of intellectual property concerning violations of the antimonopoly legislation on the illegal use of objects of intellectual property and like means of individualization of legal entities, goods, performing works and services (generally in connection with the illegal use of trade marks). Ministry of Telecommunications and Mass Media Is a federal agency under the executive branch responsible for drafting and implementing national policy and legal regulation in: information technology, including the creation of Government information resources and the promotion of access to such resources; telecommunications, including the allocation of and conversion of the radio frequency spectrum, and postal communications; mass communications and the media, including the electronic media, the development of the Internet, television and radio broadcasting, and related technology; publishing and printing; personal data processing. The Ministry of Communications and Mass Media administers the national postal system, and national and international telecommunications networks. Federal Agency for Supervision in the sphere Of Telecommunications, Information Technologies and Mass Media Performs the functions of control and supervision in the sphere of Mass Communication including electronic Mass Media and telecommunications. It issues licenses for producing of audio-visual products, software, data bases and phonograms on any media in accordance with the legislation of the Russian Federation. |
Table 36 - Schedule of Development of Priority Technical Regulations of the Customs Union and EurAsEC
| 1. Schedule of development of priority technical regulations of the Customs Union | |||
| No. | Customs Union Technical Regulation title (TR) | Party – responsible for TR development1 | Date of submission TR draft by the Party-developer |
| 1. | On safety of low-voltage equipment | Republic of Belarus | March 20112 |
| 2. | On safety of the products intended for children and teenagers | Russian Federation | March 20112 |
| 3. | On safety of toys | Republic of Belarus | March 20112 |
| 4. | On safety of package | Republic of Belarus | March 20112 |
| 5. | On safety of rolling-stock | Russian Federation | March 20112 |
| 6. | On safety of high-speed railway transport | Russian Federation | March 20112 |
| 7. | On safety of railway transport infrastructure | Russian Federation | March 20112 |
| 8. | On safety of grain | Republic of Kazakhstan | March 20112 |
| 9. | On requirements to gasoline's, diesel and masuts | Republic of Kazakhstan | March 20112 |
| 10. | On safety of pyrotechnic products | Russian Federation | March 20112 |
| 11. | On safety of perfume and cosmetic products | Republic of Belarus | March 20112 |
| 12. | On safety of wheeled vehicles | Russian Federation | March 20113 |
| 13. | Electromagnetic compatibility of technical means | Republic of Belarus | March 20113 |
| 14. | On safety of machinery and equipment | Russian Federation | March 20113 |
| 15. | Auto-roads safety | Russian Federation | March 20113 |
| 16. | On safety of the equipment for work in explosive environment | Russian Federation | March 20113 |
| 17. | On safety of elevators | Republic of Kazakhstan | March 20113 |
| 18. | On safety of food products | Russian Federation | March 20113 |
| 19. | Technical regulation for food products to the extent of its marking | Republic of Belarus | March 20113 |
| 20. | Technical regulation for juice products | Russian Federation | March 20113 |
| 21. | Technical regulation for oil and fat products | Russian Federation | March 20113 |
| 22. | Technical regulation for milk and milk products | Russian Federation | March 20113 |
| 23. | On safety of meat and meat products | Republic of Kazakhstan | March 20113 |
| 24. | On safety of fish and fish products | Republic of Kazakhstan | March 20113 |
| 25. | On the requirement to the emission by automotive vehicles of hazardous (pollutant) substances | Russian Federation | March 20113 |
| 26. | On safety of appliances working on gas fuel | Russian Federation | March 20113 |
| 27. | On safety of personal protective equipment | Russian Federation | March 20113 |
| 28. | On safety of equipment working under excessive pressure | Republic of Kazakhstan | March 20113 |
| 29. | On requirements to fertilizers | Republic of Belarus | March 20113 |
| 30. | On safety of light industry products | Republic of Kazakhstan | March 20113 |
| 31. | On safety of dietic food, special food and healthful and dietary meals | Republic of Kazakhstan | March 20113 |
| 32. | On safety of medical purposes products | Republic of Belarus | March 20113 |
| 33. | On safety of food supplements | Republic of Kazakhstan | March 20113 |
| 34. | On safety of feeding stuff and feed additives | Republic of Kazakhstan | March 20113 |
| 35. | On safety of paintwork materials | Republic of Kazakhstan | March 20113 |
| 36. | On safety of synthetic detergents and household chemicals | Republic of Kazakhstan | March 20113 |
| 37. | On safety of explosive substances and products based thereon | Republic of Kazakhstan | March 20113 |
| 38. | On requirements to lubrications, oils and special liquids | Russian Federation | March 20113 |
| 39. | Technical regulation for tobacco products | Russian Federation | March 20113 |
| 40. | On safety of agricultural and tree tractors and trailers thereto | Republic of Belarus | June 20113 |
| 41. | On safety of chemical products | Russian Federation | June 20113 |
| 42. | On safety of buildings and installations, construction materials and products | Russian Federation | June 20113 |
| 43. | On safety of furniture | Russian Federation | June 20113 |
| 44. | On safety of alcoholic beverages | Russian Federation | June 20113 |
| 45. | On requirements to wheeled vehicles on provision of safe disposition thereof | Russian Federation | June 20113 |
| 46. | On safety of small vessels | Russian Federation | June 20113 |
| 47. | On requirements to power effectiveness of household and other energy-consuming devices and marking thereof | Russian Federation | June 20113 |
two other Parties are co-developers of the Technical regulations of the Customs Union;
- the drafts of the Customs Union technical regulations specified shall be submitted to the Secretariat of the Customs Union to be considered by the Commission; and
- the drafts of the Customs Union technical regulations specified shall be submitted to the Secretariat of the Customs Union for public consideration.
| 2. Schedule of development of priority technical regulations of the EurAsEC | ||||
| No. | Technical regulation title | Party – responsible for TR development | Date of submission draft TR for consideration of the CTR | Date of submission draft TR for consideration of the Integration Committee of the EurAsEC |
| 1. | Low voltage equipment safety | Republic of Belarus | I Quarter 2011 | II Quarter 2011 |
| 2. | Lifts safety | Republic of Kazakhstan | I Quarter 2011 | II Quarter 2011 |
| 3. | Requirements for Gasoline, diesel and heating oil | Republic of Kazakhstan | I Quarter 2011 | II Quarter 2011 |
| 4. | On equipment, working under excessive pressure, safety | Russian Federation | II Quarter 2011 | IV Quarter 2011 |
| 5. | On of buildings and structures, building materials and products safety | Russian Federation | II Quarter 2011 | IV Quarter 2011 |
| 6. | On grain safety | Republic of Kazakhstan | I Quarter 2011 | II Quarter 2011 |
| 7. | On machinery and equipment safety | Russian Federation | I Quarter 2011 | III Quarter 2011 |
| 8. | On marking of food products | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 9. | Electromagnetic compatibility of technical means | Republic of Belarus | I Quarter 2011 | II Quarter 2011 |
| 10. | On devices, operating on gaseous fuels, safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 11. | On agricultural and forestry tractors, trailers and interchangeable towed machinery, of mounted on tractors safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 12. | On wheeled vehicles safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 13. | On chemical products safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 14. | Toy safety | Republic of Belarus | I Quarter 2011 | II Quarter 2011 |
| 15. | On equipment for working in explosive environments safety | Russian Federation | I Quarter 2011 | II Quarter 2011 |
| 16. | Requirements for personal protection equipment | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 17. | Packaging safety | Republic of Belarus | I Quarter 2011 | II Quarter 2011 |
| 18. | Perfumes & Cosmetics | Republic of Belarus | I Quarter 2011 | II Quarter 2011 |
| 19. | On medical devices safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 20. | On communications safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 21. | On rail infrastructure safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 22. | On railway rolling stock safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 23. | On high-speed rail safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 24. | On food safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 25. | On products intended for children and adolescents safety | Russian Federation | II Quarter 2011 | III Quarter 2011 |
| 26. | On woodworking products safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 27. | On products of pulp and paper industry safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 28. | Tobacco products | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 29. | Juice products from fruits and vegetables | Russian Federation | II Quarter 2011 | III Quarter 2011 |
| 30. | Fat and oil products | Russian Federation | II Quarter 2011 | III Quarter 2011 |
| 31. | Milk and dairy products | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 32. | On the emission requirements for automotive engineering of harmful substances (pollutants) | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 33. | On pyrotechnic products safety | Russian Federation | III Quarter 2011 | IV Quarter 2011 |
| 34. | On the requirements for honey and products of bee-farming | Kyrgyz Republic | III Quarter 2011 | IV Quarter 2011 |
| 35. | On bottled water safety | Kyrgyz Republic | III Quarter 2011 | IV Quarter 2011 |