LAWS, REGULATIONS AND OTHER INFORMATION PROVIDED 20 страница

Table 33

 

Trade in Goods: List of Exceptions

 

Country	Import Exception by HS Code	Export exception
1. Ukraine	- 1701 99 100 white sugar	Russian export tariffs
2. Azerbaijan	- 2207 alcohol - 2208 90 910 alcohol - 2208 90 990 alcohol - 2402 cigars, cigarettes (expires 1 January 2012)	Russian export tariffs
3. Armenia	- 2207 alcohol - 2208 90 910 alcohol - 2208 90 990 alcohol (expires 1 January 2012)	Russian export tariffs
4. Moldova	- 2207 alcohol - 2208 90 910 alcohol - 2208 90 990 alcohol (expires 1 January 2012)	Russian export tariffs
5. Uzbekistan	- 1701 99 100 white sugar - 2207 alcohol - 2208 60 vodka - 2208 90 910 alcohol - 2208 90 990 alcohol - 2402 cigars, cigarettes	Russian export tariffs
6. Kyrgyz Republic	No exceptions	Oil and oil products only
7. Tajikistan	No exceptions	Oil and oil products only
8. Turkmenistan	No exceptions	Russia export tariff only
9. Belarus	No exceptions	Oil and oil products only
10. Kazakhstan	No exceptions	No exceptions
11. Georgia	- 1701 99 100 white sugar - 2207 alcohol - 2208 90 910 alcohol - 2208 90 990 alcohol - 2402 cigars, cigarettes	Russian export tariffs

 

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, Article 41, 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, Article 121, 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, Article 140. 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, Article 140. 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, Article 64 - 66, 139 - 140. Arbitration Procedural Code, Article 72, 90 - 91, 99.
Article 50 (2)	Civil Procedural Code, Article 141. Arbitration Procedural Code, Article 93, 96, 99.
Article 50 (3)	Civil Procedural Code, Article 143, 146. Arbitration Procedural Code, Article 92, 94, 99.
Article 50 (4)	Civil Procedural Code, Article 142. Arbitration Procedural Code, Article 93.
Article 50 (4)	Civil Procedural Code, Article 143 - 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, Article 140. 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 development <*>	Date of submission TR draft by the Party-developer
1.	On safety of low-voltage equipment	Republic of Belarus	March 2011 <**>
2.	On safety of the products intended for children and teenagers	Russian Federation	March 2011 <**>
3.	On safety of toys	Republic of Belarus	March 2011 <**>
4.	On safety of package	Republic of Belarus	March 2011 <**>
5.	On safety of rolling-stock	Russian Federation	March 2011 <**>
6.	On safety of high-speed railway transport	Russian Federation	March 2011 <**>
7.	On safety of railway transport infrastructure	Russian Federation	March 2011 <**>
8.	On safety of grain	Republic of Kazakhstan	March 2011 <**>
9.	On requirements to gasoline's, diesel and masuts	Republic of Kazakhstan	March 2011 <**>
10.	On safety of pyrotechnic products	Russian Federation	March 2011 <**>
11.	On safety of perfume and cosmetic products	Republic of Belarus	March 2011 <**>
12.	On safety of wheeled vehicles	Russian Federation	March 2011 <***>
13.	Electromagnetic compatibility of technical means	Republic of Belarus	March 2011 <***>
14.	On safety of machinery and equipment	Russian Federation	March 2011 <***>
15.	Auto-roads safety	Russian Federation	March 2011 <***>
16.	On safety of the equipment for work in explosive environment	Russian Federation	March 2011 <***>
17.	On safety of elevators	Republic of Kazakhstan	March 2011 <***>
18.	On safety of food products	Russian Federation	March 2011 <***>
19.	Technical regulation for food products to the extent of its marking	Republic of Belarus	March 2011 <***>
20.	Technical regulation for juice products	Russian Federation	March 2011 <***>
21.	Technical regulation for oil and fat products	Russian Federation	March 2011 <***>
22.	Technical regulation for milk and milk products	Russian Federation	March 2011 <***>
23.	On safety of meat and meat products	Republic of Kazakhstan	March 2011 <***>
24.	On safety of fish and fish products	Republic of Kazakhstan	March 2011 <***>
25.	On the requirement to the emission by automotive vehicles of hazardous (pollutant) substances	Russian Federation	March 2011 <***>
26.	On safety of appliances working on gas fuel	Russian Federation	March 2011 <***>
27.	On safety of personal protective equipment	Russian Federation	March 2011 <***>
28.	On safety of equipment working under excessive pressure	Republic of Kazakhstan	March 2011 <***>
29.	On requirements to fertilizers	Republic of Belarus	March 2011 <***>
30.	On safety of light industry products	Republic of Kazakhstan	March 2011 <***>
31.	On safety of dietic food, special food and healthful and dietary meals	Republic of Kazakhstan	March 2011 <***>
32.	On safety of medical purposes products	Republic of Belarus	March 2011 <***>
33.	On safety of food supplements	Republic of Kazakhstan	March 2011 <***>
34.	On safety of feeding stuff and feed additives	Republic of Kazakhstan	March 2011 <***>
35.	On safety of paintwork materials	Republic of Kazakhstan	March 2011 <***>
36.	On safety of synthetic detergents and household chemicals	Republic of Kazakhstan	March 2011 <***>
37.	On safety of explosive substances and products based thereon	Republic of Kazakhstan	March 2011 <***>
38.	On requirements to lubrications, oils and special liquids	Russian Federation	March 2011 <***>
39.	Technical regulation for tobacco products	Russian Federation	March 2011 <***>
40.	On safety of agricultural and tree tractors and trailers thereto	Republic of Belarus	June 2011 <***>
41.	On safety of chemical products	Russian Federation	June 2011 <***>
42.	On safety of buildings and installations, construction materials and products	Russian Federation	June 2011 <***>
43.	On safety of furniture	Russian Federation	June 2011 <***>
44.	On safety of alcoholic beverages	Russian Federation	June 2011 <***>
45.	On requirements to wheeled vehicles on provision of safe disposition thereof	Russian Federation	June 2011 <***>
46.	On safety of small vessels	Russian Federation	June 2011 <***>
47.	On requirements to power effectiveness of household and other energy-consuming devices and marking thereof	Russian Federation	June 2011 <***>

 

--------------------------------

<*> 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