CIVIL CODE OF THE RUSSIAN FEDERATION by v9rmce

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									                              CIVIL CODE OF THE RUSSIAN FEDERATION

                                                   PART FOUR
                                     (as amended on 1 December 2007)
___________________________________________________________
  The Document with amendments made by:
  Federal Act N 318-FZ of 1 December 2007 (Rossiyskaya Gazeta, N 272, 05.12.2007).
___________________________________________________________

                                                                                                             Adopted
                                                                                                   by the State Duma
                                                                                               on November 24, 2006

                                                                                                             Approved
                                                                                             by the Federation Council
                                                                                                 on December 8, 2006

____________________________________________________________________
  Civil Code of the Russian Federation (part one) (articles 1 - 453)
  Civil Code of the Russian Federation (part two) (articles 454 - 1109)
  Civil Code of the Russian Federation (part three) (articles 1110 - 1224)
  Civil Code of the Russian Federation (part four) (articles 1225 - 1551)
____________________________________________________________________



                                            Section VII
           Rights to results of intellectual activity and methods of individualization



                                        Chapter 69. General provisions



                         Article 1225. Protected results of intellectual activity
                                   and methods of individualization

  1. The following are results of intellectual activity and methods of individualization equated to them of legal
persons, goods, works, services and enterprises that the legal protection is provided (intellectual property):

  1) works of science, literature and art;

  2) programs for electronic computers (programs for EC);

  3) databases;

  4) performances;

  5) phonograms;

   6) transmission to air or by cable of radio- or television broadcasts (broadcasting of organizations of air or cable
broadcasting);

  7) inventions;

  8) useful models;
  9) industrial samples;

  10) selective achievements;
  11) integrated circuit topologies;

  12) trade secrets (know-how);

  13) firm names;

  14) trademarks and service marks;

  15) names of places of goods’ origin;

  16) commercial designations.

  2. Intellectual property is protected by law.



                                         Article 1226. Intellectual rights

   The intellectual rights that include exclusive right, being property right, and in cases, provided by the present Code,
also personal non-property rights and other rights (right of sequence, right of access, etc.) are considered results of
intellectual activity and methods of individualization equated to them (results of intellectual activity and methods of
individualization).



                         Article 1227. Intellectual rights and right of ownership

   1. Intellectual rights do not depend on the right of ownership to tangible object (thing) in which the corresponding
result of intellectual activity or method of individualization are expressed.

   2. The transfer of the ownership right does not result in transferring or granting intellectual rights to the result of
intellectual activity or method of individualization, expressed in this thing, except for the case, provided by clause 2
article 1291 of the present Code.



                        Article 1228. Author of the result of intellectual activity

   1. The citizen, by whose creative labor such result is created, is considered the author of the result of intellectual
activity.

   The citizens who have not made personal creative contribution in creating such result, in particular rendered its
author only technical, advisory, organizational or financial assistance or help or only assisted to register rights to such
result or its use, as well as citizens, exercising control for executing corresponding work, are not considered authors of
the result of intellectual activity.

   2. The right of authorship belongs to the author of the result of intellectual activity, and in the cases, provided by the
present Code, right to name and other personal non-property rights.

   The right of authorship, right to name and other personal non-property rights of the author are inalienable and non-
transferable. The rejection of these rights is null.

   The authorship and author’s name are protected by law. After the author’s death any interested person can protect
his authorship, except for the cases, provided by clause 2 article 1267 and clause 2 article 1316 of the present Code.
   3. The exclusive right to the result of intellectual activity, created by creative labor, initially arises with its author.
This right can be transferred by the author to the other person according to the contract, as well as can be transferred
to other persons by other grounds, established by law.

  4. The rights to the result of intellectual activity, created by the joint creative labor of two and more citizens (co-
authorship), belong to co-authors jointly.



                                           Article 1229. Exclusive right

   1. The citizen or legal person, possessing the exclusive right to the result of intellectual activity or method of
individualization (rightholder), have the right to use such result or such method at their discretion by any way not
conflicting with law. The rightholder can dispose of the exclusive right to the result of intellectual activity or method of
individualization (article 1233), unless otherwise is provided by the present Code.

  The rightholder at his discretion can permit or prohibit other persons to use the result of intellectual activity or
method of individualization. The absence of prohibition is not considered as agreement (permission).

   Other persons cannot use the corresponding result of intellectual activity or method of individualization without the
rightholder’s consent, except for the cases, provided by the present Code. The use of the result of intellectual activity
or method of individualization (including their use by the ways, provided by the present Code), if such use is exercised
without the rightholder’s consent, is illegal and entails responsibility, established by the present Code, other laws,
except for the cases when the use of the result of intellectual activity or method of individualization by the persons
other than the rightholder without his consent is permitted by the present Code.

   2. The exclusive right to the result of intellectual activity or method of individualization (except for the exclusive right
to firm name) can belong to one person or several persons jointly.

   3. When the exclusive right to the result of intellectual activity or method of individualization belongs to several
persons jointly, each rightholder can use such result or such method at his discretion, unless otherwise is provided by
the present Code or agreement between rightholders. The interrelations of persons, whom the exclusive right jointly
belongs, are determined by the agreement between them.

  The revenues from the joint use of the result of intellectual activity or method of individualization are distributed
among all rightholders in equal parts, unless otherwise is provided by the agreement between them.

   The exclusive right to the result of intellectual activity or method of individualization is disposed by the rightholders
jointly, unless otherwise is provided by the present Code.

    4. In the cases, provided by clause 3 article 1454, clause 2 article 1466, clause 1 article 1510 and clause 1 article
1519 of the present Code, independent exclusive rights to the same result of intellectual activity or the same method
of individualization can concurrently belong to different persons.

   5. The restrictions of exclusive rights to results of intellectual activity or methods of individualization, in particular
when the use of results of intellectual activity is permitted without rightholders’ consent, but with reserving their right to
reward, are established by the present Code.

   The mentioned restrictions are established on condition that they do not cause unjustified damage to ordinary use
of results of intellectual activity or methods of individualization and do not infringe legal interests of rightholders
without any grounds.



                            Article 1230. Period of validity of exclusive rights

  1. The exclusive rights to results of intellectual activity and methods of individualization are valid within the certain
period, except for the cases, provided by the present Code.
   2. The duration of validity of the exclusive right to results of intellectual activity or method of individualization,
procedure of estimating this period, grounds and procedure of its prolongation, as well as grounds and procedure of
terminating the exclusive right before the expiration of the period are established by the present Code.



      Article 1231. Validity of exclusive and other intellectual rights on the RF territory

   1. The exclusive rights to results of intellectual activity and methods of individualization, established by the RF
international agreements and present Code, are valid on the RF territory.

  The personal non-property and other intellectual rights, not being exclusive, are valid on the RF territory in
accordance with paragraph four clause 1 article 2 of the present Code.

   2. While recognizing the exclusive right to the result of intellectual activity or method of individualization in
accordance with the RF international agreement the essence of the right, its validity, restrictions, procedure of its
exercise and protection are determined by the present Code irrespective of provisions of the country’s legislation of
arising the exclusive right, unless otherwise is provided by such international agreement or present Code.



                   Article 1232. State registration of results of intellectual activity
                                   and methods of individualization

   1. In the cases, provided by the present Code, the exclusive right to the result of intellectual activity or method of
individualization is recognized and protected on condition of the state registration of such result or such method.

   2. When the result of intellectual activity or method of individualization is subject to the state registration in
accordance with the present Code, the alienation of the exclusive right to such result or such method according to the
contract, pledge of such right and granting the right of using such result or such method according to the contract, as
well as transfer of the exclusive right to such result or such method without the contract, are also subject to the state
registration, which procedure and conditions are established by the RF Government.

   3. The state registration of alienating the exclusive right to the result of intellectual activity or method of
individualization according the contract, the state registration of pledging such right, as well as the state registration of
granting the right of using such result or such method according to the contract are made with the aid of the state
registration of the corresponding contract.

   4. In the case, provided by article 1239 of the present Code, the corresponding court ruling is the ground for the
state registration of granting the right of using the result of intellectual activity or method of individualization.

   5. The certificate of the right to inheritance is the ground for the state registration of transferring the exclusive right
to the result of intellectual activity or method of individualization, except for the case, provided by article 1165 of the
present Code.

   6. The failure to observe the requirement of the state registration of the contract on alienating the exclusive right to
the result of intellectual activity or method of individualization or contract on granting the other person the right of
using such result or such method results in the invalidity of the corresponding contract. In case of the failure to
observe the requirement of the state registration of transferring the exclusive right without the contract such transfer is
considered invalid.
   7. In the cases, provided by the present Code, the state registration of the result of intellectual activity can be made
at the rightholder’s will. In these cases the rules of clauses 2-6 of the present article are applied to the registered
result of intellectual activity and rights to such result, unless otherwise is provided by the present Code.



                                   Article 1233. Disposal of exclusive right

   1. The rightholder can dispose of the exclusive right belonging to him to the result of intellectual activity or method
of individualization by any way not conflicting with law and essence of such exclusive right, in particular by its
alienation according to the contract to the other person (contract on alienation of exclusive right) or granting the right
of using the corresponding result of intellectual activity or method of individualization to the other person within the
limits, established by the contract (license contract).

   The conclusion of the license contract does not entail the transfer of the exclusive right to the licensee.

   2. The general provisions on liabilities (articles 307-419) and on contract (articles 420-453) are applied to contracts
on disposal of the exclusive right to the result of intellectual activity or method of individualization, in particular to
contracts on alienating the exclusive right and license (sublicense) contracts, since otherwise is not established by the
rules of the present section and does not arise from the essence or nature of the exclusive right.

   3. The contract in which it is not directly mentioned that the right to the result of intellectual activity or method of
individualization is transferred in full volume, is considered license contract, except for the contract, concluded with
respect to the right of using the result of intellectual activity, specially created or created for inclusion in the complex
object (paragraph two clause 1 article 1240).

   4. The contract terms on alienating the exclusive right or license contract, restricting the citizen’s right to create the
results of intellectual activity of the certain type or in the certain field of intellectual activity or alienate the exclusive
right to such results to other persons, are null.

   5. In case of concluding the contract on pledging the exclusive right to the result of intellectual activity or method of
individualization the pledger has the right within the period of validity of this contract to use such result of intellectual
activity or such method of individualization and dispose of the exclusive right to such result or such method without the
pledgee’s consent, unless otherwise is provided by the contract.



                           Article 1234. Contract on alienating exclusive right

   1. According to the contract on alienating the exclusive right one party (rightholder) transfers or is obliged to
transfer the exclusive right to the result of intellectual activity or method of individualization belonging to it in full
volume to the other party (acquirer).

   2. The contract on alienating the exclusive right is concluded in writing and subject to the state registration in the
cases, provided by clause 2 article 1232 of the present Code. The failure to comply with the written form or
requirement on the state registration results in the invalidity of the contract.

   3. According to the contract on alienating the exclusive right the acquirer is obliged to pay reward to the rightholder,
provided by the contract, unless otherwise is provided by the contract.

   In the absence of the term on the amount of reward or procedure of its fixing in the onerous contract on alienating
the exclusive right the contract is not considered to be concluded. At that the rules of fixing the price, provided by
clause 3 article 424 of the present Code, are not applied.

   4. The exclusive right to the result of intellectual activity or method of individualization is transferred from the
rightholder to the acquirer at the time of concluding the contract on alienating the exclusive right, unless otherwise is
provided by the parties’ consent. If the contract on alienating the exclusive right is subject to the state registration
(clause 2 article 1232), the exclusive right to such result or such method is transferred from the rightholder to the
acquirer at the time of the state registration of this contract.

   5. In case of material breach by the acquirer of the obligation to pay reward for acquiring the exclusive right to the
result of intellectual activity or method of individualization to the rightholder within the term, established by the contract
on alienating the exclusive right (subparagraph 1 clause 2 article 450) the former rightholder has the right to demand
in court order transferring rights of the acquirer of the exclusive right to himself and recovering losses, if the exclusive
right was transferred to its acquirer.

   If the exclusive right was not transferred to its acquirer, in violating by him the obligation to pay reward for acquiring
the exclusive right within the term, established by the contract, the rightholder can reject the contract unilaterally and
demand to recover losses inflicted because of canceling the contract.



                                          Article 1235. License contract
   1. According to the license contract one party - holder of the exclusive right to the result of intellectual activity or
method of individualization (licensor) grants or is obliged to grant the other party (licensee) the right of using such
result or such method within the limits, provided by the contract.

    The licensee can use the result of intellectual activity or method of individualization only within the limits of those
rights and by those ways that are provided by the license contract. The right of using the result of intellectual activity
or method of individualization, not directly mentioned in the license contract, is not considered to be granted to the
licensee.

  2. The license contract is concluded in writing, unless otherwise is provided by the present Code.

  The license contract is subject to the state registration in the case, provided by clause 2 article 1232 of the present
Code.

    The failure to comply with the written form or requirement on the state registration results in the invalidity of the
license contract.

  3. The territory, on which the result of intellectual activity or method of individualization is permitted to use, must be
mentioned in the license contract. If the territory, on which such result or such method is permitted to use, is not
mentioned in the contract, the licensee has the right to use them all over the Russian Federation.

    4. The term, for which the license contract is concluded, cannot exceed the period of validity of the exclusive result
of intellectual activity or method of individualization.

   When the term of its validity is not determined in the license contract, the contract is considered to be concluded for
five years, unless otherwise is provided by the present Code.

  In case of ceasing the exclusive right the license contract is terminated.

   5. According to the license contract the licensee is obliged to pay reward to the licensor, stipulated by the contract,
unless otherwise is provided by the contract.

   In the absence of the term on the amount of reward or procedure of its fixing in the onerous license contract the
contract is not considered to be concluded. At that the rules of fixing the price, provided by clause 3 article 424 of the
present Code, are not applied.

  6. The license contract must provide:

   1) subject of the contract by mentioning on the result of intellectual activity or method of individualization, the right
of which use is granted according to the contract, indicating the number and date of issuing the document identifying
the exclusive right to such result or such method (patent, certificate) in corresponding cases.

  2) ways of using the result of intellectual activity or method of individualization.

   7. The transfer of the exclusive right to the result of intellectual activity or method of individualization to the new
rightholder is not the ground for changing or canceling the licensed contract, concluded by the previous rightholder.



                                  Article 1236. Types of license contracts

  1. The license contract can provide:

   1) granting the right of using the result of intellectual activity or method of individualization to the licensee with
reserving the right of granting licenses to other persons for the licensor (ordinary (non-exclusive) license);

   2) granting the right of using the result of intellectual activity or method of individualization to the licensee without
reserving the right of granting licenses to other persons for the licensor (exclusive license);

  2. Unless otherwise is provided by the license contract, the license is supposed to be ordinary (non-exclusive).
   3. The terms, provided by clause 1 of the present article for license contracts of different types, can be included in
the same license contract with respect to different ways of using the result of intellectual activity or method of
individualization.



                                Article 1237. Execution of license contract

   1. The licensee is obliged to present the licensor reports on using the result of intellectual activity or method of
individualization, unless otherwise is provided by the license contract. If in the license contract, providing presentation
of reports on using the result of intellectual activity or method of individualization, the conditions on the term and
procedure of their presentation, the licensee is obliged to present such reports to the licensor on his request.

   2. Within the period of validity of the license contract the licensor is obliged to abstain from any actions, capable to
prevent the licensee from exercising the granted right of using the result of intellectual activity or method of
individualization within the limits, established by the contract.

    3. The use of the result of intellectual activity or method of individualization in the manner, not provided by the
license contract, or on termination of such contract, or in a different way beyond the limits of rights, granted to the
licensee according to the contract, holds responsibility for violating the exclusive right to the result of intellectual
activity or method of individualization, established by the present Code, other laws or contract.

   4. In violating by the licensee the obligation to pay reward to the licensor within the term, established by the license
contract, for granting the right of using works of science, literature and art (chapter 70) or objects of adjacent rights
(chapter 71) the licensor can unilaterally reject of the license contract and demand to recover damages inflicted by the
cancellation of such contract.



                                       Article 1238. Sublicense contract

   1. At the licensor’s written consent the licensee according to the contract can grant the right of using the result of
intellectual activity or method of individualization to the other person (sublicense contract).

   2. According to the sublicense contract the rights of using the result of intellectual activity or method of
individualization can be granted to the sublicensee only within those rights and those ways of use that are provided by
the license contract for the licensee.

  3. The sublicense contract, concluded for the term, exceeding the period of validity of the license contract, is
considered to be concluded for the period of validity of the license contract.

    4. The licensee holds responsibility to the licensor for the sublicensee’s actions, unless otherwise is provided by the
license contract.

  5. The rules of the present Code on license contract are applied to the sublicense contract.



                                       Article 1239. Compulsory license

   In the cases, provided by the present Code, the court on the interested person’s request can take the decision on
granting this person on the terms, mentioned in court decision, the rights of using the result of intellectual activity, the
exclusive right to which belongs to the other person (compulsory license).



                             Article 1240. Use of result of intellectual activity
                                   in the composition of complex object
   1. The person, organized the creation of complex object, including some protected results of intellectual activity
(picture, other audiovisual work, theatrical performance, multimedia product, common technology), acquires the right
of using the mentioned results on the basis of contracts on alienating the exclusive right or license contracts,
concluded by such person with holders of such rights to the corresponding results of intellectual activity.

   When the person, organized the creation of complex object, acquires the right of using intellectual activity, specially
created or being created for inclusion in such complex object, the corresponding contract is considered the contract
on alienating the exclusive right, unless otherwise is provided by the parties’ agreement.

   The license contract, providing the use of the result of intellectual activity in the composition of complex object, is
concluded for the whole term and with respect to the whole territory of validity of the corresponding exclusive right,
unless otherwise is provided by the contract.

  2. The terms of the license contract, restricting the use of the result of intellectual activity in the composition of
complex object, are invalid.

   3. While using the result of intellectual activity in the composition of complex object the author of such result
reserves the right of authorship and other personal non-property rights to such result.

   4. While using the result of intellectual activity in the composition of complex object the person, organized the
creation of this object, has the right to indicate his/her name or designation or demand such indication.

   5. The rules of the present article are applied to the right of using results of intellectual activity in the composition of
common technology, created at the expense or with attracting funds of the federal budget, since otherwise is not
established by the rules of chapter 77 of the present Code.



            Article 1241. Transfer of exclusive right to other person without contract

    The transfer of the exclusive right to the result of intellectual activity or method of individualization to the other
person without concluding the contract with the rightholder is permitted in the cases and on the grounds that are
established by law, in particular in the order of universal succession (inheritance, reorganization of legal person) and
in inflicting penalty upon the rightholder’s property.



                        Article 1242. Organizations exercising collective control
                                    of copyright and adjacent rights

    1. Authors, performers, phonogram producers and other holders of copyright and adjacent rights in the cases when
it is difficult to exercise these rights individually or the use of objects of copyright and adjacent rights without the
consent of holders of the corresponding rights is permitted by the present Code, but with paying reward to them, can
create non-commercial organizations, based on membership, which in accordance with powers, conferred to them by
rightholders, are entrusted to control the corresponding rules on collective basis (organizations of controlling rights on
collective basis).

   The creation of such organizations does not prevent to represent holders of copyright and adjacent rights by other
legal persons and citizens.

   2. The organizations on controlling rights on collective basis can be created for controlling rights, concerning one or
several types of objects of copyright and adjacent rights, for controlling one or several types of such rights with
respect to certain methods of using the corresponding objects or for controlling any copyright and (or) adjacent rights.

   3. The contract on transferring powers for controlling rights, concluded by the organization with the rightholder in
writing, is the ground of such organization’s powers for controlling rights on collective basis, except for the case,
provided by paragraph one clause 3 article 1244 of the present Code.

   The mentioned contract can be concluded with the rightholders, being members of such organization, and with the
rightholders, not being its members. At that the organization for controlling rights on collective basis is obliged to
assume control of these rights, if the control of such category of rights is related to charter activity of this organization.
The contract with the other organization, including the foreign one, controlling rights on collective basis, can also be
the ground of the organization’s powers for controlling rights on collective basis.

  The general provisions on obligations (articles 307-419) and contract (articles 420-453) are applied to the
contracts, mentioned in paragraph one and paragraph two of the present clause, since otherwise does not arise from
essence or nature of the right transferred for controlling. The rules of the present section about contracts on alienating
exclusive rights and license contracts are not applied to the mentioned contracts.

   4. The organizations for controlling rights on collective basis have no right to use objects of copyright and adjacent
rights, exclusive rights to which were transferred to them for controlling.

   5. The organizations for controlling rights on collective basis have the right on rightholders’ behalf or on their behalf
to make claims in court, as well as commit other legal actions, necessary for protecting rights, transferred to them for
controlling on collective basis.

   The accredited organization (article 1244) has also the right on behalf of uncertain group of rightholders to make
claims in court, necessary for protecting rights which control is exercised by such organization.

  6. The legal status of organizations for controlling rights on collective basis, functions of these organizations, rights
and obligations of their members are determined by the present Code, laws on non-commercial organizations and
charters of the corresponding organizations.



             Article 1243. Execution of contracts with rightholders by organizations
                             for controlling rights on collective basis
   1. The organization for controlling rights on collective basis concludes license contracts with users on granting
rights to them, transferred to it for control by rightholders, for the corresponding methods of using objects of copyright
and adjacent rights on terms of ordinary (non-exclusive) license and collects reward from users for using these
objects. When the objects of copyright and adjacent rights in accordance with the present Code can be used without
the rightholder’s consent, but with paying reward to him, the organization for controlling rights on collective basis
concludes contracts with users on paying reward and collects funds for these purposes.

  The organization for controlling rights on collective basis has no right to reject the rightholder of concluding the
contract without reasonable grounds.

   2. If the rightholder immediately concludes the license contract with the user, the organization for controlling rights
on collective basis can collect reward for using objects of copyright and adjacent rights only on condition that it is
directly provided by the mentioned contract.

   3. Upon the request of the organization for controlling rights on collective basis the users are obliged to present
reports to it on using objects of copyright and adjacent rights, as well as other data and documents, necessary for
collection and allocation of reward, which list and terms of presentation are determined in the contract.

   4. The organization for controlling rights on collective basis allocates reward for using objects of copyright and
adjacent rights among rightholders, as well as makes payment of the mentioned reward to them.

   The organization for controlling rights on collective basis has the right to deduct from the reward amounts for
covering necessary expenses on collection, allocation and payment of such reward, as well as amounts that are sent
to special funds created by this organization by consent and in the interests of rightholders presented by this
organization, in the amounts and order that are provided by the organization’s charter.

   The reward must be allocated and paid regularly within the terms, provided by the charter of the organization for
controlling rights on collective basis, and in proportion to actual use of the corresponding objects of copyright and
adjacent rights, determined on the basis of data and documents received from users, as well as other data on using
objects of copyright and adjacent rights, including statistic data.

   The organization for controlling rights on collective basis concurrently with paying reward is obliged to present the
report to the rightholder that contains data on using his rights, including the amount of collected reward and deducted
sums.
   5. The organization for controlling rights on collective basis creates registers, containing data on rightholders, rights
transferred to it for control, as well as objects of copyright and adjacent rights. The data, contained in such registers,
are presented to all interested persons in the order, established by the organization, except for the data that can not
be disclosed without the rightholder’s consent in accordance with law.

   The organization for controlling rights on collective basis places information in public informational system on rights
transferred to it for control, including the name of the object of copyright and adjacent rights, copyright or other
rightholder’s name.



                            Article 1244. State accreditation of organizations
                                 for controlling rights on collective basis

   1. The organization for controlling rights on collective basis can receive state accreditation for exercising activity in
the following spheres of collective control:

   1) control of exclusive rights to promulgated musical compositions (with text or without text) and extracts of musical
dramatical pieces with respect to their public performance, transmission to air or by cable, as well as by
retransmission (subparagraphs 6-8 clause 2 article 1270);

  2) exercise of composers’ rights, being authors of musical compositions (with text or without text), used in
audiovisual composition, to receiving reward for public performance or transmission to air or by cable of such
audiovisual composition (clause 3 article 1263);

  3) control of sequence right with respect to fine arts works, as well as author’s manuscript (autographs) of writings
and musical compositions (article 1293);

   4) exercise of rights of authors, performers, creators of phonograms and audiovisual compositions to receiving
reward for reproduction of phonograms and audiovisual compositions for personal purposes (article 1245);

  5) exercise of performers’ rights to receiving reward for public performance as well as for transmission to air or by
cable of phonograms, promulgated in commercial purposes (article 1326);

   6) exercise of rights of phonograms’ creators to receiving reward for public performance as well as for transmission
to air or by cable of phonograms, promulgated in commercial purposes (article 1326).

   The state accreditation is made on the basis of principles of procedural openness and counting interested persons’
opinion, including rightholders, in the order, determined by the RF Government.

   2. The state accreditation for exercising activity in each sphere of collective control, mentioned in clause 1 of the
present article, can be received by only one organization for controlling rights on collective basis.

  The organization for controlling rights on collective basis can receive state accreditation for exercising activity in
one, two and more spheres of collective control, mentioned in clause 1 of the present article.

   The restrictions, provided by antimonopoly legislation, are not applied with respect to activity of the accredited
organization.

   3. The organization for controlling rights on collective basis, received state accreditation (accredited organization),
has the right alongside with controlling rights of those rightholders with whom it has concluded contracts in the order,
provided by clause 3 article 1242 of the present Code, to control rights and collect reward for those rightholders with
whom it has not concluded such contracts.

   The presence of the accredited organization does not prevent to create other organizations for controlling rights on
collective basis, as well as in spheres of collective control, mentioned in clause 1 of the present article. Such
organizations have the right to conclude contracts with users only in the interests of rightholders granted them powers
for controlling rights in the order, provided by clause 3 article 1242 of the present Code.

   4. The rightholder, not concluded the contract on transferring powers for controlling rights with the accredited
organization (clause 3 of the present article), has the right fully or partially to decline controlling his rights by this
organization at any moment. The rightholder must inform in writing the accredited organization of his decision. If the
rightholder intends to decline controlling only the part of author’s and adjacent rights and (or) object of these rights by
this organization, he must present it the list of such excludable rights and (or) objects.

   At the expiration of three months from the day of receiving the corresponding notice from the rightholder the
accredited organization is obliged to exclude the mentioned rights and (or) objects from contracts with all users and
place information about it in public informational system. The accredited organization is obliged to pay the rightholder
the due reward, received from users in accordance with earlier concluded contracts, and present the report in
accordance with paragraph four clause 4 article 1243 of the present Code.

   5. The accredited organization is obliged to take reasonable and sufficient measures for determining rightholders,
having the right to receiving reward in accordance with license contracts, concluded by this organization, and
contracts on paying reward. Unless otherwise is established by law, the accredited organization has no right to reject
of admission to this organization the rightholder, having the right to receiving reward in accordance with license
contracts, concluded by this organization, and contracts on paying reward.

  6. The accredited organization exercises its activity under control of the authorized federal executive body.

   The accredited organization is obliged to present annually to the authorized federal executive body the report on its
activity, as well as publish it in all-Russian mass medium. The form of the report is established by the authorized
federal executive body.

  7. The model charter of the accredited organization is approved in the order, determined by the RF Government.



                      Article 1245. Reward for free reproduction of phonograms
                        and audiovisual compositions for personal purposes

   1. The right to reward for free reproduction of phonograms and audiovisual compositions only for personal
purposes belongs to authors, performers, creators of phonograms and audiovisual compositions. Such reward is of
compensation character and paid to rightholders at the expense of funds that must be paid to creators and importers
of equipment and material media, used for such reproduction.

  The list of equipment and material media, as well as amount and procedure of collecting the corresponding funds is
approved by the RF Government.

  2. The funds for paying reward for free reproduction of phonograms and audiovisual compositions for personal
purposes are collected by the accredited organization (article 1244).

   3. The reward for free reproduction of phonograms and audiovisual compositions for personal purposes is allocated
among rightholders in the following proportion: forty percent - to authors, thirty percent - to performers, thirty percent -
creators of phonograms or audiovisual compositions. The reward among particular authors, performers, creators of
phonograms or audiovisual compositions is allocated in proportion to actual use of the corresponding phonograms or
audiovisual compositions. The procedure of allocating reward and its payments is established by the RF Government.

   4. The funds for paying reward for free reproduction of phonograms and audiovisual compositions for personal
purposes are not charged from producers of that equipment and those material media that are the subject of export,
as well as from producers and importers of professional equipment, not intended for use in household conditions.



        Article 1246. State regulation of relations in the sphere of intellectual property

   1. In the cases, provided by the present Code, the authorized federal executive body, exercising standard and legal
regulation in the sphere of copyright and adjacent rights, publishes standard and legal acts for the purposes of
regulating relations in the sphere of intellectual property, connected with objects of copyright and adjacent rights.

   2. In the cases, provided by the present Code, the authorized federal executive body, exercising standard and legal
regulation in the sphere of intellectual property, publishes standard and legal acts for the purposes of regulating
relations in the sphere of intellectual property, connected with inventions, useful models, industrial samples, programs
for EC, databases, integrated circuit topologies, trademarks and service marks, names of place of goods’ origin.
    3. The federal executive body on intellectual property exercises legally significant actions for the state registration
of inventions, useful models, industrial samples, programs for EC, databases, integrated circuit topologies, trademarks
and service marks, names of place of goods’ origin, including reception and expertise of the corresponding
applications, on granting patents and certificates, certifying the exclusive right of their holders to the mentioned results
of intellectual activity and methods of individualization, and in the cases, provided by law, other actions, connected
with legal protection of results of intellectual activity and methods of individualization. In the cases, provided by articles
1401-1405 of the present Code, the federal executive bodies, authorized by the RF Government, can also exercise
the actions, mentioned in the present clause.

   4. With respect to selective achievements the authorized federal executive body, exercising standard and legal
regulation in the sphere of agriculture, and federal executive body on selective achievements correspondingly
exercise functions, mentioned in clauses 2 and 3 of the present article.



                                          Article 1247. Patent attorneys

   1. The affairs with the federal executive body on intellectual property can be administered by the applicant,
rightholder, other interested person alone, or through the patent attorney, registered in the stated federal district, or
through the other representative.

   2. The citizens, permanently residing outside the RF territory, and foreign legal persons administer affairs with the
federal executive body on intellectual property through patent attorneys, registered in the stated federal district, unless
otherwise is provided by the RF international agreement..

   If the applicant, rightholder, other interested person administer affairs with the federal executive body on intellectual
property independently or through the representative, not being the registered patent attorney in the stated federal
district, they are obliged upon request of the mentioned federal body to inform the address for correspondence on the
RF territory.

  The powers of the patent attorney or other representative are certified by the power of attorney, issued by the
applicant, rightholder, other interested person.

   3. The RF citizen, permanently residing on its territory, can be registered as the patent attorney. Other
requirements to patent attorney, procedure of his attestation and registration, as well as his powers with respect to
administering affairs, connected with the legal protection of results of intellectual property and methods of
individualization, are established by law.



              Article 1248. Disputes connected with protection of intellectual rights

   1. The disputes, connected with protection of violated or contested intellectual rights, are considered by court
(clause 1 article 11).

   2. In the cases, provided by the present Code, the intellectual rights in relations, connected with filing and
considering applications for granting patents on inventions, useful models, industrial samples, selective achievements,
trademarks, service marks and names of places of goods’ origin, with the state registration of these results of
intellectual activity and methods of individualization, with issuing the corresponding legal documents, with contesting
providing legal protection to these results and methods or with its termination, are protected in administrative order
(clause 2 article 11) by the federal executive body on intellectual property and federal executive body on selective
achievements correspondingly, and in the cases, provided by articles 1401-1405 of the present Code, by the federal
executive body, authorized by the RF Government (clause 2 article 1401). The decisions of these bodies come into
force from the day of adoption. They can be contested in court in the order, established by law.

   3. The rules of considering and resolving disputes in the order, mentioned in clause 2 of the present article, by the
federal executive body on intellectual property and chamber of patent disputes created under it, as well as federal
executive body on selective achievements are established correspondingly by the federal executive body, exercising
standard and legal regulation in the sphere of intellectual property, federal executive body, exercising standard and
legal regulation in the sphere of agriculture. The rules of considering and resolving disputes, connected with secret
inventions, in the order, mentioned in clause 2 of the present article, are established by the authorized body (clause 2
article 1401).



                                     Article 1249. Patent and other duties

   1. For exercising legally significant actions, connected with the patent on invention, useful model, industrial sample
or selective achievement, with the state registration of EC program, database, integral circuit topology, trademark and
service mark, with the state registration and granting exclusive right to the name of place of goods’ origin, as well as
with the state registration of transferring exclusive rights to other persons and contracts on disposal of these rights,
patent and other duties ate collected correspondingly.

   2. The list of legally significant actions that are connected with computer program, data base and integral circuit
topology and for which exercise state duties are collected, their amounts, procedure and terms of payment, as well as
grounds for exemption from paying state duties, decrease of their amounts, delay of their payment or return are
established by the RF legislation on taxes and dues.

  The list of other legally significant actions, except for ones, mentioned in clause 1 of the present article, for which
exercise patent and other duties are collected, their amounts, procedure and terms of payment, as well as grounds for
exemption from paying duties, decrease of their amounts, delay of their payment or return are established by the RF
Government.



                                Article 1250. Protection of intellectual rights

  1. The intellectual rights are protected by the methods, provided by the present Code, taking into account the
essence of violated right and consequences of violating this right.

   2. The methods of protecting intellectual rights, provided by the present Code, can be applied upon request of
rightholders, organizations for administering rights on collective basis, as well as other persons in the cases,
established by law.

   3. The absence of the violator’s guilt does not exempt him from obligation to cease the violation of intellectual
rights, as well as does not exclude application of measures with respect to the violator, aimed at protection of such
rights. In particular, the publication of court ruling concerning committed violation (subparagraph 5 clause 1 article
1252) and suppression of actions, violating the exclusive right to the result of intellectual activity or method of
individualization or creating the threat of violating such right, are exercised irrespective of the violator’s guilt and at his
expense.



                        Article 1251. Protection of personal non-property rights

   1. In case of violating the personal non-property rights of the author their protection is exercised, in particular, by
recognizing the right, restoration of status of the right existed before violation, suppression of actions, violating the
right or creating the threat of its violation, redress of moral damage, publication of court ruling on committed violation.

   2. The provisions, provided by clause 1 of the present article, are also applied to protection of rights, provided by
clause 4 article 1240, clause 7 article 1260, clause 4 article 1263, clause 3 article 1295, clause 1 article 1323, clause
2 article 1333 and subparagraph 2 clause 1 article 1338 of the present Code.

   3. The author’s honor, dignity and business reputation are protected in accordance with the rules of article 152 of
the present Code.


                                 Article 1252. Protection of exclusive rights

  1. The protection of exclusive rights to results of intellectual activity and methods of individualization is realized, in
particular, by making the demand:
   1) on recognizing the right - to the person who denies or otherwise does not recognize the right, thus violating the
rightholder’s interests;

   2) on suppressing actions, violating the right or creating the threat of its violation, - to the person, committing such
actions or exercising necessary preparations to them;

   3) on recovery of losses - to the person, unlawfully used the result of intellectual activity or method of
individualization without concluding the agreement with the rightholder (freelance use) or otherwise violated his
exclusive right and caused him damage;

  4) on withdrawing tangible object in accordance with clause 5 of the present article - to its manufacturer, importer,
custodian, carrier, seller, other distributor, unfair purchaser;

  5) on publishing court ruling on committed violation with the indication of valid rightholder - to the violator of the
exclusive right.

   2. In the order of supporting claim on the cases, connected with violating exclusive rights to tangible objects,
equipment and materials, in which respect the assumption was made on violating the exclusive right to the result of
intellectual activity or method of individualization, secured measures, established by the procedure legislation, can be
taken, in particular, tangible objects, equipment and materials can be seized.

   3. In the cases, provided by the present Code for certain kinds of results of intellectual activity or methods of
individualization, in violating the exclusive right the rightholder is entitled instead of recovery of losses to demand from
the violator payment of compensation or violating the mentioned right. The penalty can be imposed on compensation
in case of proving the fact of offence. At that the rightholder, appealed for protecting the right, is exempt from proving
the amount of damages caused to him.

  The amount of compensation is fixed by court within the limits, established by the present Code, depending on the
character of violation and other circumstances of the case taking into account demands of rationality and justice.

   The rightholder is entitled to demand from the violator payment of compensation for each case of illegal use of the
result of intellectual activity or method of individualization or for committed offence as a whole.

   4. When the production, distribution or other use, as well as import, transportation or storage of material forms, in
which the result of intellectual activity or method of individualization are expressed, result in violation of the exclusive
right to such result or such method, such tangible objects are considered infringing and by court ruling must be
withdrawn out of circulation and destroyed without any compensation, unless other consequences are provided by the
present Code.

   5. The equipment, other devices and materials, mainly used or intended for committing violation of exclusive rights
to results of intellectual activity and methods of individualization, by court ruling must be withdrawn out of circulation
and destroyed at the violator’s expense, unless their transfer in the RF revenue is provided by law.

   6. If different methods of individualization (firm name, trademark, service mark, commercial designation) prove to
be identical or similar to the extent of confusion and as a result of such identity or similarity consumers and (or)
counteragents can be misled, the method of individualization, the exclusive right to which has appeared earlier, has
the priority. The holder of such exclusive right in the order, established by the present Code, can demand to declare
invalid providing legal protection to trademark (service mark) or complete or partial prohibition to use firm name or
commercial designation.

  For the purposes of the present clause by partial prohibition to use is meant:
  with respect to firm name - prohibition to its use in certain kinds of activity;

   with respect to commercial designation - prohibition to its use within the certain territory and (or) in certain kinds of
activity.

   7. When the violation of the exclusive right to the result of intellectual activity or method of individualization is
recognized as unfair competition in the established order, the violated exclusive right can be protected both by the
methods, provided by the present Code, and in accordance with antimonopoly legislation.
                    Article 1253. Responsibility of legal persons and sole traders
                                     for violating exclusive rights

   If the legal person repeatedly or grossly violates exclusive rights to results of intellectual activity and methods of
individualization, the court in accordance with clause 2 article 61 of the present Code can take the decision on
liquidation of such legal person upon the prosecutor’s request.

   If the citizen commits the violation, his activity as the sole trader can be ceased by court decision or sentence in the
order, established by law.



                        Article 1254. Peculiarities of protecting licensee’s rights

   If the violation by the third parties of the exclusive right to the result of intellectual activity or method of
individualization, on which use the exclusive license is granted, infringes the licensee’s rights, received by him on the
basis of license contract, the licensee alongside with other methods can protect his rights by the methods, provided by
articles 1250, 1252 and 1253 of the present Code.



                                              Chapter 70. Copyright



                                             Article 1255. Copyrights

  1. The intellectual rights to works of science, literature and art are copyrights.

  2. The following rights belong to the author of work:

  1) exclusive right to work;

  2) authorship’s right;

  3) author’s right to name;

  4) right to work’s inviolability;

  5) right to work’s publication.

   3. In the cases, provided by the present Code, other rights belong to the author of work alongside with the rights,
mentioned in clause 2 of the present article, in particular the right to reward for using official work, right to comment,
right of sequence, right of access to works of art.



         Article 1256. Validity of exclusive right to works of science, literature and art
                                        on the RF territory

  1. The exclusive right to works of science, literature and art covers:

  1) works, promulgated on the RF territory or unpromulgated, but being in some objective form on the RF territory,
and belong to authors (their assignees) irrespective of their citizenship;

   2) works, promulgated outside the RF territory or unpromulgated, but being in some objective form outside the RF
territory, and belong to authors, being the RF citizens (their assignees);
    3) works, promulgated outside the RF territory or unpromulgated, but being in some objective form outside the RF
territory, and belong on the RF territory to authors (their assignees) - citizens of other states and persons without
citizenship in accordance with the RF international agreements.

   2. The work is also considered to be promulgated by publication in the Russian Federation, if within thirty days after
the date of the first publication outside the RF territory it was published on the RF territory.

   3. In granting work’s security on the RF territory in accordance with the RF international agreements the author of
work or other initial rightholder is determined according to law of the state, on which territory the legal fact, constituting
the ground for acquiring the right, took place.

   4. The security to works on the RF territory in accordance with the RF international agreements is granted with
respect to works, not having become the common property in the country of work’s origin owing to expiration of the
period of validity of the exclusive right to these works, established in such country, and not having become the
common property in the Russian Federation owing to expiration of the period of validity of the exclusive right to them,
provided by the present Code.

   In granting works’ security in accordance with the RF international agreements the period of validity of the
exclusive right to these works on the RF territory can not exceed the period of validity of the exclusive right,
established in the country of work’s origin.



                                           Article 1257. Author of work

   The author of work of science, literature and art is the citizen, by whose creative labor it was made. The person,
stated as the author on the original or copy of work, is considered its author, unless otherwise is proved.



                                           Article 1258. Co-authorship

  1. The citizens, made the work by joint creative labor, are considered co-authors irrespective of the fact, if such
work is part and parcel or consists of the parts, each of which is of independent importance.

   2. The work, created in co-authorship, is used by co-authors jointly, unless otherwise is provided by the agreement
between them. When such work is part and parcel, none of co-authors has the right to prohibit using such work
without sufficient grounds.

  The part of work, which use is possible irrespective of other parts, that is the part, being of independent
importance, can be used by its author at his disposal, unless otherwise is provided by the agreement between co-
authors

  3. The rules of clause 3 article 1229 of the present Code are applied correspondingly to relations of co-authors,
connected with distribution of profits from using work and disposal of the exclusive right to work.
  4. Each co-author has the right independently to take measures of protecting their rights, in particular when the
work, created by co-authors, is part and parcel.



                                      Article 1259. Objects of copyrights

   1. Objects of copyrights are works of science, literature and art irrespective of work’s values and purpose, as well
as method of its expression:

   literary works;

   dramatic and musical and dramatic works, script works;

   choreographic works and pantomimes;
  musical pieces with text or without text;

  audiovisual works;

  works of painting, sculpture, graphics, design, graphic stories, comics and other works of art;

  works of arts and crafts and scenographic art;

  works of architecture, town-planning and landscape art, in particular as projects, drawings, images and models;

  photographic works and works received by methods, similar to photograph;

   geographic, geologic and other maps, plans, drafts and plastic works, relating to geography, topography and other
sciences;

  other works.

  The programs for EC that are protected as literary works also belong to objects of copyrights.

  2. The following belong to objects of copyrights:

  1) derivative works, that is works, being processing of the other work

  2) compound works, that is works, being the result of creative labor by selection and order of materials.

   3. Copyrights cover both promulgated and unpromulgated works, having some objective form, in particular in
written or oral form (as public pronouncing, public performance and other similar form), in the form of representation,
sound or video-recording, in spatial-volumetric form.

   4. The registration of work or observance of some other formalities is not required for appearance, exercise and
protection of copyrights.

  With respect to EC programs and databases the registration is provided, being made at the rightholder’s will in
accordance with rules of article 1282 of the present Code.

   5. Copyrights do not cover ideas, conceptions, principles, methods, processes, ways, decisions of technical,
organizational or other tasks, discoveries, facts, computer languages.

  6. The following do not belong to objects of copyrights:

   1) official documents of state bodies and bodies of local government of municipal agencies, including laws, other
statutory acts, court decisions, other materials of legislative, administrative and judicial character, official documents of
international organizations, as well as their official translations;

  2) state symbols and signs (flags, emblems, orders, banknotes, etc.), as well as symbols and signs of municipal
agencies;

  3) works of folk art (folklore), not having specific authors;

   4) reports about events and facts, having only informational character (reports about day news, programs of
telecasts, timetable of vehicles’ movement, etc.).

   7. Copyrights cover the part of work, its name, character of work, if by their nature they can be recognized as the
independent result of the author’s creative labor and meet the requirements, established by clause 3 of the present
article.



               Article 1260. Translations, other derivative works. Compound works
   1. Copyrights belong to the translator, as well as author of other derivative work (adaptation, screening,
arrangement, staging or other similar work) correspondingly with respect to made translation and other adaptation of
the other (original) work.

  2. Copyrights belong to the collection’s compiler and author of other compound work (anthology, encyclopedia,
database, atlas or other similar work) with respect to selection or disposition of materials (compilation) made by them.

   The database is an aggregate of independent materials, presented in objective form (articles, accounts, statutory
acts, court decisions and other similar materials) that are systematized so that these materials can be found and
adapted by means of the electronic computer (EC).

  3. The translator, compiler or other author of derivative or compound work exercises his copyrights on condition of
observing the rights of authors of the works used for creating derivative or compound work.

   4. Copyrights of the translator, compiler or other author of derivative or compound work are protected as rights to
independent objects of copyrights irrespective of protecting the rights of authors of the works on which the derivative
or compound work is based.

    5. The author of the work, placed in the collection or other compound work, has the right to use his work
irrespective of compound work, if otherwise is not provided by the contract with the compound work’s creator.

   6. Copyrights to translation, collection, other derivative or compound work do not prevent other persons to translate
or adapt the same work, as well as create their compound works by means of other selection or disposition of the
same materials.

   7. The right of using editions belongs to the publisher of encyclopedias, encyclopedic dictionaries, periodic and
continued collections of scientific works, newspapers, journals and periodic editions. The publisher has the right when
using such edition to indicate his name or demand its indication.

    The authors or other holders of exclusive rights to works, included in such editions, reserve these rights
irrespective of the publisher’s right or other persons to using such editions on the whole, except for the cases when
these exclusive rights were transferred to the publisher or other persons or passed to the publisher or other persons
on other grounds, provided by law.



                                         Article 1261. Programs for EC
   Copyrights to all kinds of programs for EC (in particular for operational systems and program complexes) that can
be expressed in any language and in any form, including the source code and object code, are protected by the same
way as copyrights to works of literature. The program for EC is an aggregate of data and commands, presented in
objective form, that are intended for functioning EC and other computer devices for the purposes of receiving certain
result, including preparatory materials, received in the process of developing the program for EC, and audiovisual
reflections, caused by it.



                Article 1262. State registration of programs for EC and databases

   1. Within the period of validity of the exclusive right to program for EC or database the rightholder at his will can
register such program or such database in the federal executive body on intellectual property.

   The programs for EC and databases in which there are data, having state secret, are not subject to state
registration. The person, filed the application for the state registration (applicant), bears responsibility for disclosing
data on programs for EC and databases in which there are data, having state secret, in accordance with the RF
legislation.

   2. The application for the state registration of the program for EC or database (application for registration) must
refer to one program for EC or one database.

  The application for registration must contain:
    application for the state registration of the program for EC or database indicating the rightholder, as well as author
if he has not refused to be mentioned as such, and place of residence or place of location of each of them;

  depository materials, identifying the program for EC or database, including report;

  document, confirming the payment of the state fee in the fixed amount or presence of grounds for exemption from
paying the state fee, or for reducing its amount, or for delaying its payment.

   The rules of drawing up the application for registration are established by the federal executive body, exercising
statutory and legal regulation in the sphere of intellectual property.

   3. On the basis of the application for registration the federal executive body on intellectual property examines the
presence of necessary documents and materials, their correspondence to the requirements, provided by clause 2 of
the present article. In case of positive result of examination the mentioned federal body introduces the program for EC
or database correspondingly to the Register of programs and Register of databases, issues the certificate of state
registration to the applicant and publishes data on registered program for EC or database in the official bulletin of this
body.

   Upon the request of the mentioned federal body or on his own initiative the author or other rightholder before
publishing data in the official bulletin has the right to add, specify and amend documents and materials, contained in
the application for registration.

    4. The procedure of the state registration of programs for EC and databases, forms of certificates of state
registration, list of data, indicated in them, and list of data, published in the official bulletin of the federal executive
body on intellectual property, are established by the federal executive body, exercising standard and legal regulation
in the sphere of intellectual property.

   5. The contracts on alienating the exclusive right to registered program for EC or database and transfer of the
exclusive right to such program or database to other persons without the contract are subject to stare registration in
the federal executive body on intellectual property.

   The data on changing the holder of the exclusive right are included in the Register of programs or Register of
databases on the basis of the registered contract or other legal document and published in the official bulletin of the
federal executive body on intellectual property.

  6. The data, included in the Register of programs or Register of databases, are considered reliable, as otherwise is
not proved. The applicant bears responsibility for reliability of data, presented for state registration.



                                    Article 1263. Audiovisual production

   1. Audiovisual production is a production, consisting of stated series of interconnected images (with sound or
without sound) and intended for visual and auditory (in case of accompanying sound) perception with the help of
corresponding technical devices. Audiovisual productions include cinematographic productions, as well as all
productions, expressed by the means similar to cinematographic ones (tele- and video films and other similar
productions), irrespective of the method of their primary or subsequent fixation.

  2. The authors of audiovisual production are:

  1) producer;

  2) script author;

  3) composer, being the author of musical composition (with text or without text), specially created for this
audiovisual production.

   3. In case of public performance or information in the air or by cable of audiovisual production the composer, being
the author of musical composition (with text or without text), used in audiovisual production, reserves the right to
reward for the mentioned kinds of using his musical composition.
   4. The rights of the creator of musical composition, that is person, organized the creation of such composition
(producer), are determined in accordance with article 1240 of the present Code.

   The creator in any use of audiovisual production has the right to indicate his name or designation or demand such
indication. In the absence of evidence of other facts the person, whose name or designation is indicated on this
production in the ordinary way, is considered the creator of audiovisual production.

   5. Each author of the production, included in the audiovisual production as a constituent part, both existed earlier
(author of the production, being the basis for script, and others) and created while working at it (photography director,
design director and others), reserve the exclusive right to their production, except for the cases when this exclusive
right was transferred to the producer or other persons or passed to the producer or other persons on other grounds,
provided by law.



                  Article 1264. Projects of official documents, symbols and marks

   1. The right of authorship to the project of official document, in particular to the project of official translation of such
document, as well as to the project of official symbol or mark belongs to the person, created the corresponding project
(creator).

   The creator of the project of official document, symbol or mark has the right to promulgate such project, if it is not
prohibited by the state body, body of local government of municipal agency or international organization, on which
request the project was developed. While publishing the project the creator has no right to indicate his name.

   2. The project of official document, symbol or mark can be used by the state body, body of local government or
international organization for preparing the corresponding official document, development of symbol or sign without
the creator’s consent, if the project was promulgated by the creator for using this body or organization or sent by the
creator to the corresponding body or organization.

   While preparing official document, development of official symbol or mark on the basis of the corresponding project
it can be amended and changed at discretion of the state body, body of local government or international
organization, exercising preparation of official document, development of official symbol or mark.

   After official taking the project into consideration by the state body, body of local government or international
organization the project can be used without indication of the creator’s name.



                      Article 1265. Authorship’s right and author’s right to name

   1. The authorship’s right - right to be recognized as the author of work and author’s right to name - right to use or
permit use of work under his name, under false name (pseudonym) or without name’s indication, that is anonymously,
are inalienable and non-transferable, in particular in passing to the other person or transferring to him the exclusive
right to work and in granting the other person the right to use work. The rejection of these rights is null and void.

   2. In publishing work anonymously or under pseudonym (except for the cases when the author’s pseudonym has
no doubts in his personality) the publisher (clause 1 article 1287), whose name or designation is indicated on the
work, in absence of evidence of the other fact, is considered the author’s representative and in this respect has the
right to protect the author’s name and provide their fulfillment. This provision is valid until the author of such work does
not disclose his personality and declare about his authorship.



      Article 1266. Right to work’s inviolability and protection of work from distortions

  1. It is not permitted without the author’s consent to make changes, abbreviations and amendments to his work,
use illustrations, preface, afterword, comments or whatever explanations (right to work’s inviolability).

  While using the work after the author’s death the person, possessing the exclusive right to work, has the right to
permit making changes, abbreviations or amendments to work on condition that the author’s conception is not
distorted and integrity of the work’s perception is not violated and this does not conflict with the author’s will, explicitly
expressed by him in will, diaries or other written form.

   2. Misinterpretation, distortion or other change of work, discrediting the author’s honor, dignity or business
reputation, as well as infringement of such actions, give the author the right to demand protection of his honor, dignity
or business reputation in accordance with rules of article 152 of the present Code. In these cases upon the request of
interested persons the protection of the author’s honor and dignity also after his death is permitted.



                         Article 1267. Protection of authorship, author’s name
                              and work’s inviolability after author’s death

   1. Authorship, author’s name and work’s inviolability are protected without time-limit.

   2. The author has the right in the order, provided for appointing executor of will (article 1134), to indicate the person
on whom he imposes protection of authorship, author’s name and work’s inviolability (paragraph two clause 1 article
1266) after his death. This person exercises his powers without time-limit.
   In absence of such indications or in case of rejection of the person appointed by the author of exercising the
corresponding powers, as well as after this person’s death authorship, author’s name and work’s inviolability are
protected by the author’s heirs, their assignees and other interested persons.



                                  Article 1268. Right to work’s publication

  1. The right to his work’s publication belongs to the author, that is right to exercise action or give consent to
exercising action that makes the work available for the first time for general information by its publication, public
demonstration, public performance, transmission to air or by cable or any other method.

    At that the publication (issuance) is the issue of the work’s duplicates, being the work’s copy in any material form,
in the quantity, sufficient for satisfying reasonable requirements of the society proceeding from the work’s character

  2. The author, transferred the work to the other person according to the contract, is considered to have agreed for
publication of this work.

   3. The work, not published during the author’s life, can be published after his death by the person, possessing the
exclusive right to work, if the publication does not conflict with the author’s will, explicitly expressed by him in written
form (in will, letters, diaries, etc.)



                                         Article 1269. Right to comment

    The author has the right to reject of earlier taken decisions on publishing the work (right to comment) on condition
of recovering the person, whom the exclusive right to work is alienated or the right of using work is granted, damages
inflicted by such decision. At that the author has the right to withdraw earlier issued copies of work from circulation,
having recovered damages inflicted by it.

   The rules of the present article are not applied to programs for EC, official works and works included in the complex
object (article 1240).



                                     Article 1270. Exclusive right to work

   1. The exclusive right to use the work in accordance with article 1229 of the present Code in any form and by any
method not conflicting with law (exclusive right to work), in particular by methods, mentioned in clause 2 of the present
article, belongs to the work’s author. The rightholder can dispose of the exclusive right to work.
  2. The following are considered as the use of work whether the corresponding actions are committed for the
purposes of making profit or without such purpose, in particular:

   1) reproduction of work, that is production of one and more copies of work or its part in any material form, in
particular in the form of sound- or video recording, production of one and more copies of two-dimensional work in
three dimensions and production of one and more copies of three-dimensional in two dimensions. At that the work
recording on the electronic form, including the recording in EC memory, is also considered reproduction, except for
the case when such recording is temporary and is an integral and essential part of technological process, having as
the only purpose legal use of recording or legal bringing of work to general attention;

  2) distribution of work by sale or other alienation of its original or copies;

   3) public demonstration of work, that is any demonstration of work’s original or copy, directly either on the screen
with the help of tape, slide, television shot or other technical devices, as well as demonstration of certain shots of
audiovisual production without observing their consequence directly or with the help of technical devices in the place,
open for free attendance, or in the place where there is a considerable number of persons, not belonging to ordinary
family circle irrespective of the fact whether the work is perceived in the place of its demonstration or in the other
place concurrently with the work’s demonstration;

  4) import of work’s original or copies for the purposes of distribution;

  5) distribution of work’s original or copies;

   6) public performance of work, that is presentation of work in live performance or with help of technical devices
(radio, television and other technical devices), as well as demonstration of audiovisual production (with sound or
without sound) in the place, open for free attendance, or in the place where there is a considerable number of
persons, not belonging to ordinary family circle irrespective of the fact whether the work is perceived in the place of its
demonstration or in the other place concurrently with the work’s demonstration;

   7) transmission to air, that is work’s report for general information (including demonstration or performance) by
radio or television (in particular by retransmission), except for transmission by cable. At that by transmission is meant
any action, by means of which the work is available for auditory and (or) visual perception irrespective of its actual
perception by the society. During the transmission of works to air through satellite by transmission to air is meant
reception of signals from earth station to satellite and transmission of signals from satellite, by means of which the
work can be brought to general notice irrespective of its actual perception by the society. The transmission of coded
signals is considered transmission to air, if the means of decoding are given to unlimited group of persons by the
organization of air broadcasting or with its consent;

   8) transmission by cable, that is work’s transmission for general information by radio or television with help of
cable, wire, optic fiber or similar means (in particular by retransmission). The transmission of coded signals is
considered transmission by cable, if the means of decoding are given to unlimited group of persons by the
organization of cable broadcasting or with its consent;

   9) translation or other adaptation of work. At that by adaptation is meant the creation of derivative work
(adaptation, screening, arrangement, staging, etc.) By adaptation (modification) of program for EC or database are
meant any of their changes, in particular translation of such program or such database from one language into
another language, except for adaptation, that is making changes only for the purposes of functioning program for EC
or database on special technical devices or under control of special user programs;

  10) practical realization of architectural, design, town-planning or landscape architecture project;

  11) bringing of work to general notice so that any person can get access to work from any place and at any time by
own choice (bringing to general notice).

   3. Practical application of provisions, forming the work’s content, including provisions, being technical, economic,
organizational or other decision, is not the work’s use as applied to the rules of the present chapter, except for the
use, provided by subparagraph 10 clause 2 of the present article.

  4. The rules of subparagraph 5 clause 2 of the present article are not applied with respect to program for EC,
except for the case when such program is the basic object of distribution.
                                  Article 1271. Copyright’s protection mark

   The rightholder for notifying of the exclusive right to work belonging to him has the right to use the copyright’s
protection mark that is placed on each copy of work and consists of the following elements:

   Latin letter “C” in circle;

   rightholder’s name or designation;

   year of the work’s first publication.



                   Article 1272. Distribution of original or copies of published work

   If the original or copies of legally published work are put into civil circulation on the RF territory by their sale or other
alienation, the further distribution of the original or copies of work is permitted without the rightholder’s consent and
without paying reward to him, except for the case, provided by article 1293 of the present Code.



                     Article 1273. Free reproduction of work for personal purposes

  The reproduction by the citizen only for personal purposes of legally published work is permitted without the
author’s consent and without paying reward, except for:

   1) reproduction of works of architecture in the form of buildings and similar structures;

   2) reproduction of databases or their significant parts;

   3) reproduction of programs for EC, except for the cases, provided by article 1280 of the present Code;

   4) reproduction (clause 2 article 1275) of books (in full) and music texts;

    5) video recording of audiovisual production during its public performance in the place, open for free attendance, or
in the place where there is a considerable number of persons, not belonging to ordinary family circle;

  6) reproduction of audiovisual production by means of professional equipment, not intended for use in home
conditions.



       Article 1274. Free use of work in informational, scientific, educational or cultural
                                            purposes

   1. The following are permitted without the author’s consent or other rightholder and without paying reward, but with
obligatory indication of the author’s name, whose work is used, and source of adoption:

   1) citing in the original or translation in scientific, controversial, critical or informational purposes of legally published
works in the volume, justified by the purpose of citing, including reproduction of extracts from newspaper and journal
articles in the form of press reviews;

  2) use of legally published works and extracts from them as illustrations in editions, radio- and telecasts, sound-
and video-recordings of educational nature in the volume, justified by the set purpose;

   3) reproduction in press, transmission to air or by cable of articles legally published in newspapers and journals on
current economic, political, social and religious questions or putting on the air of works of the same nature in cases
when such reproduction or transmission was not specially prohibited by the author or other rightholder;
   4) reproduction in press, transmission to air or by cable of publicly delivered political speeches, appeals, reports
and other similar works in the volume, justified by the informational purpose. At that the authors of such works reserve
the right to their publication in collections;

   5) reproduction or transmission for general information in reviews of current events by photography,
cinematography, by transmission to air or by cable of works that are seen or heard in the course of such events, in the
volume, justified by the informational purpose;

  6) reproduction without making profit by means of raised printing or other special methods for the blind of legally
published works, except for works, specially created for reproduction by such methods;

   2. When the library gives copies of works, legally put into civil circulation, in temporary free use, such use is
permitted without the author’s consent or other rightholder and without paying reward. At that the copies of works,
expressed in the digital form, given by libraries in temporary free use, in particular by mutual use of library resources,
can be given only in premises of libraries on condition of excluding the possibility to create copies of these works in
the digital form. .

   3. The work’s creation in the genre of literary, musical or other parody or in the genre of cartoon on the basis of the
other (original) legally published work and use of this parody or cartoon are permitted without the author’s consent or
other rightholder of the exclusive right to original work and without paying reward to him.



                              Article 1275. Free use of work by reproduction

   1. It is permitted without the author’s consent or other rightholder and without paying reward, but with obligatory
indication of the author’s name, whose work is used, and source of adoption to reproduce (subparagraph 4 clause 1
article 1273) in the single copy without making profit:

  1) legally published work - by libraries and archives for restoration, replacement of lost or damages copies of work
and for giving copies of work to other libraries that have lost them according to some reasons from their funds;

   2) separate articles and low-volume works, legally published in collections, newspapers and other periodical
editions, short extracts from legally published written works (with illustrations or without illustrations) - by libraries and
archives upon citizens’ request for use in educational and scientific purposes, as well as by educational institutions for
classes.

   2. By reproduction (reprographic reproduction) is meant facsimile reproduction of work by means of technical
devices, not made for the purposes of publication. The reproduction does not include reproduction of work or storage
of its copies in electronic (in particular digital), optic or other machine-readable form, except for cases of creating
temporary copies, intended for making reproduction, by means of technical devices.



      Article 1276. Free use of work, constantly being in place open for free attendance

   It is permitted without the author’s consent or other rightholder and without paying reward to reproduce, transmit to
air or by cable photographic work, work of architecture or art that are constantly in the place, open for free attendance,
except for the cases when the image of work by this way is the basic object of this reproduction, transmission to air or
by cable, or when the image of work is used in commercial purposes.



                   Article 1277. Free public performance of musical composition

   Public performance of musical composition is permitted without the author’s consent or other rightholder and
without paying reward during official or religious ceremony or funeral in the volume, justified by the character of such
ceremony.
             Article 1278. Free reproduction of work for law enforcement purposes

   It is permitted without the author’s consent or other rightholder and without paying reward to reproduce work for
case proceeding on administrative offence, for making inquiry, preliminary investigation or making legal proceeding in
the volume, justified by this purpose.



              Article 1279. Free recording of work by air broadcasting organization
                                  for purposes of short-term use

   The organization of air broadcasting has the right without the author’s consent or other rightholder and without
paying additional reward to make recording for the purposes of short-term use of that work, with which respect this
organization has received the right to transmission to air, on condition that such recording is made by the organization
of air broadcasting with help of its own equipment and for personal broadcasts. At that the organization is obliged to
destroy such recording within six months from the day of its making, if the longer term is not agreed with the
rightholder or is not established by law. Such recording can be kept without the rightholder’s consent in state or
municipal archives, if it is of exclusively documentary character.



               Article 1280. Free reproduction of programs for EC and databases.
                                  Decompiling programs for EC

  1. The person, legally possessing the copy of program for EC or copy of database (user), has the right without the
author’s permission or other rightholder and without paying additional reward:

   1) to make changes into the program for EC or database only for the purposes of their functioning on the user’s
technical devices and exercise actions, necessary for functioning such program or database in accordance with their
purpose, including recording and storage in EC memory (one EC or one user of network), as well as correct obvious
mistakes, if otherwise is not provided by the contract with the rightholder;

   2) to make the copy of program for EC or database on condition that this copy is intended only for archive purposes
or for substitution of legally obtained copy in cases when such copy is lost, destroyed or became unsuitable for use. At
that the copy of program for EC or database can not be used for other purposes than the purposes, mentioned in
subparagraph 1 of the present clause, and must be destroyed, if the possession of the copy of such program or
database ceased to be lawful.

   2. The person, legally possessing the copy of program for EC, has the right without the author’s consent and
without paying additional reward to study, research or test functioning of such program for the purposes of
determining ideas and principles, underlying any element of program for EC, by exercising actions, provided by
subparagraph 1 clause 1 of the present article.

   3. The person, legally possessing the copy of program for EC, has the right without the author’s consent and
without paying additional reward to reproduce and transform objective code into the source code (decompile program
for EC) or entrust other persons with exercising these actions, if they are necessary for achieving capacity for
interaction of program for EC, independently elaborated by this person, with other programs that can interact with
decompiled program, in observing the following conditions:

  1) information, necessary for achieving capacity for interaction, was not earlier available to this person from other
sources;
  2) mentioned actions are exercised with respect to only those parts of decompiled program for EC that are
necessary for achieving capacity for interaction;

   3) information, received as a result of decompiling, can be used only for achieving capacity for interaction of
independently elaborated program for EC with other programs, can not be transferred to other persons, except for the
cases when it is necessary for achieving capacity for interaction of independently elaborated program for EC with
other programs, as well as can not be used for elaborating program for EC that by its sight is very similar to
decompiled program for EC, or for exercising other action, violating the exclusive right to program for EC.
   4. The application of provisions, provided by the present article, must not inflict unjustified damage to ordinary use
of program for EC or database and must not infringe legal interests of the author or other rightholder without well-
founded reasons.



                        Article 1281. Period of validity of exclusive right to work

   1. The exclusive right to work is valid within the author’s whole life and seventy years, beginning with 1 January of
the year, following the year of the author’s death.

  The exclusive right to work, created in co-authorship, is valid within the author’s whole life, survived other co-
authors, and seventy years, beginning with 1 January of the year, following the year of his death.

   2. The period of validity of the exclusive right to work, published anonymously or under pseudonym, expires in
seventy years, beginning with 1 January of the year, following the year of its legal publication. If within the mentioned
term the author of work, published anonymously or under pseudonym, reveals his personality or his personality does
not have doubts, the exclusive right will be valid within the term, established by clause 1 of the present article.

  3. The exclusive right to work, published after the author’s death, is valid within seventy years after the work’s
publication, beginning with 1 January of the year, following the year of its publication, on condition that this work was
published within seventy years after the author’s death.

   4. If the author of work was subject to repression and rehabilitated posthumously, the period of validity of the
exclusive right is considered to be prolonged and seventy years are estimated since 1 January of the year, following
the year of rehabilitation of the author of work.

   5. If the author worked during the Great Patriotic War or participated in it, the period of validity of the exclusive
right, established by the present article, is extended for four years.



                    Article 1282. Becoming the work common property of people

  1. At the expiration of the period of validity of the exclusive right the work of art, literature or art, both published and
unpublished, becomes the common property of people.

   2. The work, having become the common property of people, can be freely used by any person without
somebody’s consent or permission and without paying author’s reward. At that authorship, author’s name and
inviolability of work are protected.

   3. The unpublished work, having become the common property of people, can be published by any person, if only
the work’s publication does not conflict with author’s will, explicitly expressed by him in writing (in will, letters, diaries,
etc.).

   The citizen’s rights, who has legally published such work, are determined in accordance with chapter 71 of the
present Code.

                   Article 1283. Transfer of exclusive right to work on succession

   1. The exclusive right to work is transferred on succession.

   2. In the cases, provided by article 1151 of the present Code, the exclusive right to work, being the part of
inheritance, is ceased and the work becomes the common property.



    Article 1284. Charge of exclusive right to work and right of using work under license
  1. It is not permitted to charge the exclusive right to work, belonging to the author. However, the charge can be
made to the author’s incorporeal right to other persons according to contracts of alienating the exclusive right to work
and license contracts, as well as revenues received from using work.

   The charge can be made to the exclusive right, not belonging to the author, but other person, and to the right of
using work, belonging to licensee.

   The rules of paragraph one of the present clause cover the author’s heirs, their heirs and so on within the period of
validity of the exclusive right.

   2. In case of selling the right of using work, belonging to licensee, from public auction for the purposes of charging
this right the paramount right of its purchase is granted to the author.



                     Article 1285. Contract of alienating exclusive right to work

   According to the contract of alienating the exclusive right to work the author or other rightholder transfers or is
obliged to transfer the exclusive right to work, belonging to him, in full volume to the acquirer of such right.



                   Article 1286. License contract of granting right of using work

  1. Under the license contract one party - author or other rightholder (licensor) grants or is obliged to grant the other
party (licensee) the right of using this work within the limits, established by the contract.

   2. The license contract is concluded in writing. The contract of granting the right of using the work in periodical
printing edition can be concluded in oral form.

   3. The conclusion of license contracts of granting the right of using the program for EC or database is permitted by
concluding by each user with the corresponding rightholder the contract of adhesion, which conditions are stated on
the obtained copy of such program or database or on the package of this copy. The beginning of using such program
or database by the user, as it is determined by these conditions, means his consent to conclude the contract.

  4. In the onerous license contract the amount of reward for using work or the procedure of charging such reward
must be mentioned.

   The payment of reward to the licensor in the form of fixed one-time or periodic payments, percent deductions from
profit (proceeds) or in other form can be provided in such contract.

  The RF Government has the right to fix minimum rates of author’s remuneration for certain kinds of using works.



                   Article 1287. Special conditions of publishing license contract

   1. Under the contract of granting the right of using the work, concluded by the author or other rightholder with the
publisher, that is with the person whom in accordance with the contract is entrusted with the obligation to publish the
work (publishing license contract), the licensee is obliged to start using the work not later than the term, established in
the contract. In case of non-performance of this obligation the licensor has the right to reject the contract without
recovering damages to the licensee, inflicted by such rejection.

   If there is no specific term of beginning to use the work such use must be started within the term, ordinary for this
kind of works and method of their use. Such contract can be cancelled by the licensor on grounds and in the order
that are provided by article 450 of the present Code.

   2. In case of canceling the publishing license contract on the basis of provisions, provided by clause 1 of the
present article, the licensor has the right to demand payment of reward to him, provided by this contract, in full
volume.
                                  Article 1288. Contract of author’s order
   1. Under the contract of author’s order one party (author) is obliged on demand of the other party (customer) to
create the work of science, literature or art, stipulated by the contract, on material or other form.

  The work’s material form is transferred to the customer in ownership, unless its transfer to the customer in
temporary use is provided by the parties’ agreement.

  The contract of author’s order is onerous, unless otherwise is provided by the parties’ agreement.

   2. The contract of author’s order can provide alienation to the customer of the exclusive right to work that must be
created by the author or granting the customer the right of using this work within the limits, established by the contract.

   3. When the contract of author’s order provides alienation to the customer of the exclusive right to work that must
be created by the author, the rules of the present Code on contract of alienating the exclusive right are applied
correspondingly to such contract, unless otherwise arises from the essence of the contract.

  4. If the contract of author’s order is concluded with the condition of granting the customer the right of using the
work within the limits, established by the contract, the provisions, provided by articles 1286 and 1287 of the present
Code, are applied correspondingly to such contract.



                     Article 1289. Period of executing contract of author’s order

   1. The work, which creation is provided by the contract of author’s order, must be passed to the customer within the
term, established by the contract.

  The contract that does not provide and permit to determine the period of its execution is not considered to be
concluded.

   2. When the period of executing the contract of author’s order came, the author in case of necessity and in
presence of good reasons for completing creation of work is granted preferred period of one fourth of the period,
established for executing the contract, if the longer preferred period is not established by the parties’ agreement. In
the cases, provided by clause 1 article 1240 of the present Code, this rule is applied, unless otherwise is provided by
the contract.

   3. At the expiration of the preferred period, granted to the author in accordance with clause 2 of the present article,
the customer has the right to refuse the contract of author’s order in the unilateral order.
   The customer has also the right to refuse the contract of author’s order directly at the expiration of the period,
established by the contract for its execution, if the contract by this time was not executed, and from its conditions it
clearly follows that in violating the period of executing the contract the customer loses interest in the contract.



          Article 1290. Responsibility for contracts concluded by the author of work

   1. The author’s responsibility for the contract on alienating the exclusive right to work and license contract is
restricted by the amount of actual damage inflicted to the other party, unless less amount of the author’s responsibility
is provided by the contract.

   2. In case of non-execution or improper execution of the contract of author’s order for which the author holds
responsibility, the author is obliged to return advance to the customer, as well as pay him penalty, if it is provided by
the contract. At that the total amount of the mentioned payments is restricted by the amount of actual damage inflicted
to the customer.



              Article 1291. Alienation of work’s original and exclusive right to work
  1. In alienating the work’s original (manuscript, original of work of painting, sculpture, etc.) by the author, in
particular in alienating work’s original under the contract of author’s order, the author reserves the exclusive right to
work, unless otherwise is provided by the contract.

   When the exclusive right to work was not transferred to the acquirer of its original, the acquirer has the right without
the author’s consent and without paying reward to him to show the work’s original acquired in ownership and
reproduce it in catalogues of exhibitions and editions devoted to its collection, as well as transfer the original of this
work for showing at exhibitions, organized by other persons

   2. In alienating the work’s original by its owner, possessing the exclusive right to work, but not being the author of
work, the exclusive right to work is transferred to the acquirer of the work’s original, unless otherwise is provided by
the contract.

   3. The rules of the present article, related to the author of work, also cover the author’s heirs, their heirs and so on
within the period of validity of the exclusive right to work.



                                          Article 1292. Right of access

  1. The author of work of fine art is entitled to demand from the owner of the work’s original to give possibility of
exercising the right to reproduction of his work (right of access). At that one must not demand delivery of work to the
author from the owner of the work’s original.

  2. The author of work of architecture is entitled to demand from the owner of the work’s original to give possibility of
making work’s photography and film production, unless otherwise is provided by the contract



                                        Article 1293. Right of sequence

   1. In case of alienating the original of work of fine art by the author at each public resale of the corresponding
original in which the gallery of fine art, art salon, shop or other similar organization participates as seller, purchaser or
mediator, the author is entitled to receive reward from the seller as percent deductions of resale price (right of
sequence). The amount of percent deductions, as well as conditions and procedure of their payment are fixed by the
RF Government.
   2. The authors possess the right of sequence in the order, established by clause 1 of the present article, as well as
with respect to author’s manuscripts (autographs) of literary works and musical compositions.

  3. The right of sequence is inalienable, it is not transferred to the author’s heirs for the period of validity of the
exclusive right to work.



                         Article 1294. Rights of author of work of architecture,
                                town-planning or landscape architecture

  1. The author of work of architecture, town-planning or landscape architecture has the exclusive right to use his
work in accordance with clauses 2 and 3 article 1270 of the present Code, including by means of developing
documentation for construction and by performing architectural, town-planning or landscape architecture project.

   The use of architectural, town-planning or landscape architecture project for performance is permitted only once,
unless otherwise is provided by the contract, in accordance with which the project is created. The project and
documentation for construction created on its basis can be used repeatedly only with the consent of the project’s
author.

   2. The author of work of architecture, town-planning or landscape architecture has the right to exercise author’s
control for developing documentation for construction and right of author’s supervision for constructing building or
structure or other realization of the corresponding project. The procedure of exercising author’s control and author’s
supervision is established by the federal executive body on architecture and town-planning.
   3. The author of work of architecture, town-planning or landscape architecture has the right to demand from the
customer of architectural, town-planning or landscape architecture project of granting the right for participation in
realization of his project, unless otherwise is provided by the contract.



                                           Article 1295. Official work

   1. The copyrights to work of science, literature or art, created within the limits of official duties (official work),
established for the employee (author), belong to the author.

  2. The exclusive right to official work belong to the employer, unless otherwise is provided by the labor or other
contract between the employer and employee.

   Unless the employer within three years from the day, when the official work was presented at his disposal, starts
using this work, transfers the exclusive right to it to the other person or informs the author of keeping the work in
secret, the exclusive right to official work belongs to the author.

   If the employer within the term, provided in paragraph two of the present clause, starts using official work or
transfers the exclusive right to the other person, the author is entitled to reward. The author also acquires the
mentioned right to reward when the employer has taken the decision to keep official work in secret and by this reason
has not started using this work in the mentioned term. The amount of reward, conditions and procedure of its payment
by the employer are determined by the contract between him and employee, and in case of dispute - by court.

   3. When in accordance with clause 2 of the present article the exclusive right to official work belongs to the author,
the employer is entitled to use such work by the methods, stipulated by the purpose of official task, and within the
limits, resulting from the task, as well as publish such work, unless otherwise is provided by the contract between him
and employee. At that the author’s right to use official work by the method, not stipulated by the purpose of official
task, as well as at least by the method, stipulated by the purpose of official task, but beyond the limits, resulting from
the employer’s task, is not restricted.
   The employer can indicate his name or designation while using official work or demand such indication.



                 Article 1296. Programs for EC and databases created on request

   1. When the program for EC or database is created under the contract, which subject was its creation (on request),
the exclusive right to such program or such database belongs to the customer, unless otherwise is provided by the
contract between the contractor (executor) and customer.

   2. When the exclusive right to the program for EC or database in accordance with clause 1 of the present article
belongs to the customer, the contractor (executor) has the right, since otherwise is not provided by the contract, to use
such program or such database for personal needs on conditions of gratuitous ordinary (non-exclusive) license within
the whole period of validity of the exclusive right.

   3. When in accordance with the contract between the contractor (executor) and customer the exclusive right to the
program for EC or database belongs to the contractor (executor), the customer has the right to use such program or
such database for personal needs on conditions of gratuitous ordinary (non-exclusive) license within the whole period
of validity of the exclusive right.

   4. The author of the program for EC or database, created on request, whom the exclusive right to such program or
such database does not belong, has the right to reward in accordance with paragraph three clause 2 article 1295 of
the present Code.



  Article 1297. Programs for EC and databases created in executing work under contract

  1. If the programs for EC or database is created in executing the contract of work and labor or contract for
executing scientific-research, development or technological works that did not directly provide its creation, the
exclusive right to such program or such database belongs to the contractor (executor), unless otherwise is provided
by the contract between him and customer.

   In this case the customer has the right, unless otherwise is provided by the contract, to use the program or
database created in such a way for the purposes, for which achievement the corresponding contract was concluded,
on conditions of gratuitous ordinary (non-exclusive) license within the whole period of validity of the exclusive right
without paying additional reward for this use. In transferring by the contractor (executor) the exclusive right to the
program for EC or database to the other person the customer reserves the right to use such program or database.

   2. When in accordance with the contract between the contractor (executor) and customer the exclusive right to the
program for EC or database was transferred to the customer or the third person, mentioned by him, the contractor
(executor) has the right to use the program or database, created by him, for personal needs on conditions of
gratuitous ordinary (non-exclusive) license within the whole period of validity of the exclusive right, unless otherwise is
provided by the contract.

   3. The author of the program for EC or database, mentioned in clause 1 of the present article, whom the exclusive
right to such program or such database does not belong, has the right to reward in accordance with paragraph three
clause 2 article 1295 of the present Code.



 Article 1298. Works of science, literature and art, created by state or municipal contract

   1. The exclusive right to work of science, literature or art, created under the state or municipal contract for state or
municipal needs, belongs to the executor, being the author or other person, executing the state or municipal contract,
unless it is provided by the state or municipal contract that this right belongs to the RF, the RF subject or municipal
agency, on which behalf the state or municipal customer acts, or jointly to the executor and the RF, executor and the
RF subject or executor and municipal agency.

   2. If in accordance with the state or municipal contract the exclusive right to work of science, literature or art
belongs to the RF, the RF subject or municipal agency, the executor is obliged by concluding the corresponding
contracts with his employees and third persons to acquire all rights or provide their acquisition for transferring
correspondingly to the RF, the RF subject or municipal agency. At that the executor has the right to recovering
expenses, incurred by him in connection with acquiring the corresponding rights from the third persons.

   3. If the exclusive right to work of science, literature or art, created under the state or municipal contract for state or
municipal needs, in accordance with clause 1 of the present article, does not belong to the RF, the RF subject or
municipal agency, the rightholder on request of the state or municipal customer is obliged to present the person
mentioned by him gratuitous ordinary (non-exclusive) license for using the corresponding work of science, literature or
art for state or municipal needs.

  4. If the exclusive right to work of science, literature or art, created under the state or municipal contract for state or
municipal needs, belongs jointly to the executor and the RF, executor and the RF subject or executor and municipal
agency, the state or municipal customer has the right to present gratuitous ordinary (non-exclusive) license for using
work of science, literature or art for state or municipal needs, informed the executor about it.

  5. The employee, whose exclusive right on the basis of clause 2 of the present article was transferred to the
executor, is entitled to reward in accordance with paragraph three clause 2 article 1295 of the present Code.

   6. The rules of the present article are applied to programs for EC and databases, which creation was not provided
by the state or municipal contract for state or municipal needs, but which were created in executing such contract.



                        Article 1299. Technical means of protecting copyrights

   1. Technical means of protecting copyrights are any technologies, technical devices or their components,
controlling access to work, preventing or restricting exercise of activities that are not permitted by the author or other
rightholder with respect to work.

   2. With respect to works it is not permitted:
   1) to exercise activities without the author’s or other rightholder’s permission, aimed at eliminating the restrictions of
using work, established by applying technical means of protecting copyrights;

   2) to produce, distribute, hire, grant for temporary gratuitous use, import, advertise any technology, any technical
device or their components, use such technical means for the purposes of receiving profit or rendering services, if as
a result of such activities it is impossible to use technical means of protecting copyrights or these technical means will
not be able to provide the proper protection of the mentioned rights.

   3. In case of violating the provisions, provided by clause 2 of the present article, the author or other rightholder has
the right to demand at his option from the violator recovery of losses or payment of compensation in accordance with
article 1301 of the present Code, except for the cases when the use of work without the author’s or other rightholder’s
consent is permitted by the present Code.



                                    Article 1300. Information on copyright

   1. The information on copyright is any information that identifies work, author or other rightholder, or information on
conditions of using work that is contained on the work’s original or copy, enclosed to it or is given in connection with
transmission to air or by cable or bringing such work to general notice, as well as any figures and codes in which such
information is included.

   2. With respect to works it is not permitted:

   1) to remove or change information on copyright without the author’s or other rightholder’s permission;

   2) to reproduce, distribute, import for the purposes of distribution, perform publicly, transmit to air or by cable, bring
to general notice works, with which respect the information on copyright was removed or changed without the author’s
or other rightholder’s permission.

   3. In case of violating the provisions, provided by clause 2 of the present article, the author or other rightholder has
the right to demand at his option from the violator recovery of losses or payment of compensation in accordance with
article 1301 of the present Code.



                  Article 1301. Responsibility for violating exclusive right to work

   In case of violating the exclusive right to work the author or other rightholder alongside with the use of other
applicable methods of protection and measures of responsibility, established by the present Code (articles 1250, 1252
and 1253), has the right in accordance with clause 3 article 1252 of the present Code to demand at his option from the
violator payment of compensation instead of recovering losses:

   at the rate from ten thousand rubles to five million rubles, fixed at the court’s disposal;

   at the double rate of value of the work’s copies or at the double rate of value of the right of using work, fixed
proceeding from the price that in compared circumstances is usually charged for lawful use of work.



                  Article 1302. Claim’s provision for cases on violating copyrights

   1. The court can prohibit the defendant or person, with whom respect there are sufficient grounds to believe that he
is a violator of copyrights, to commit certain actions (production, reproduction, sale, hire, import or other use, provided
by the present Code, as well as transportation, storage or possession) for the purposes of putting the work’s copies
into civil circulation, with which respect it is supposed that they are infringing.

  2. The court can seize all copies of the work, with which respect is it supposed that they are infringing, as well as
materials and equipment, used or intended for their production or reproduction.
   In presence of sufficient data on violating copyrights the inquiry or investigative bodies are obliged to take
measures for search and seizure of the work’s copies, with which respect it is supposed that they are infringing, as
well as materials and equipment, used or intended for production or reproduction of the work’s mentioned copies,
including in necessary cases measures for their seizure and transfer for responsible storage.



                                Chapter 71. Rights adjacent to copyrights



                                             § 1. General provisions



                                       Article 1303. General provisions

   1. The intellectual rights to results of executive activity (execution), phonograms, transmission to air or by cable of
radio- and telecasts (broadcasting of organizations of air and cable broadcasting), databases content, as well as
works of science, literature and art, published after their becoming the common property of people, are adjacent to
copyrights (adjacent rights).

   2. The adjacent rights include exclusive right, and in the cases, provided by the present Code, also personal non-
property rights.



                                  Article 1304. Objects of adjacent rights

  1. The objects of adjacent rights are:

   1) performances of actors-performers and conductors, productions of directors - producers of plays
(performances), if these performances are expressed in the form, permitting their reproduction and distribution with
the help of technical means;

  2) phonograms, that is any solely sound recordings of performances or other sounds or their representations,
except for sound recording, included in the audiovisual work;

   3) transmissions of broadcasts of organizations of air and cable broadcasting, including broadcasts, created by the
organization of air and cable broadcasting or upon its request at the expense of its funds by the other organization;

   4) databases concerning their protection from unauthorized extraction and repeated use of materials, constituting
their content;

   5) works of science, literature and art, published after their becoming the common property of people, concerning
protection of rights of such works’ publishers.

  2. For appearance, exercise and protection of adjacent rights the registration of their object or compliance with
some other formalities is not required.

   3. The protection of objects of adjacent rights in accordance with the RF international agreements is provided on
the RF territory with respect to performances, phonograms, transmissions of broadcasts of organizations of air and
cable broadcasting, not having become the common property of people in the country of their origin due to expiration
of the period of validity of the exclusive right to these objects, established in such country and not having become the
common property of people in the RF due to expiration of the period of validity of the exclusive right, provided by the
present Code.
                         Article 1305. Legal protection mark of adjacent rights

   The producer of phonogram and performer, as well as other holder of the exclusive right to phonogram or
performance has the right for notification about the exclusive right, belonging to him, to use legal protection mark of
adjacent rights that is placed on each original or copy of the phonogram and (or) on each case and consists of three
elements - Latin letter “P” in circle, name or designation of the exclusive right’s holder, year of the phonogram’s first
publication. At that by the copy of the phonogram is meant its copy on any material form, produced directly or
indirectly from the phonogram and including all sounds or part of sounds or their representations, fixed in this
phonogram.

  By the representation of sounds is meant their representation in digital form, for which transformation in the form,
perceived by ear, the use of the corresponding technical means is required.


       Article 1306. Use of objects of adjacent rights without the rightholder’s consent
                                  and without paying reward

   The use of objects of adjacent rights without the rightholder’s consent and without paying reward is permitted in
cases of free use of works (articles 1273, 1274, 1277, 1278 and 1279), as well as in the other cases, provided by the
present article.



        Article 1307. Contract on alienating exclusive right to object of adjacent rights

    According to the contract on alienating the exclusive right to object of adjacent rights one party - performer,
producer of phonogram, organization of air or cable broadcasting, database producer, publisher of work of science,
literature and art or other rightholder transfers or is obliged to transfer his exclusive right to the corresponding object of
adjacent rights in full volume to the other party - acquirer of the exclusive right.



   Article 1308. License contract on granting the right of using object of adjacent rights

   According to the license contract one party - performer, producer of phonogram, organization of air or cable
broadcasting, database producer, publisher of work of science, literature and art or other rightholder (licensor) grants
or is obliged to grant the right of using the corresponding object of adjacent rights to the other party (licensee) within
the limits, established by the contract.



                     Article 1309. Technical means of protecting adjacent rights

   The provisions of articles 1299 and 1311 of the present Code are correspondingly applied to any technologies,
technical devices or their components, controlling access to the object of adjacent rights, preventing or restricting
exercise of activities that are prohibited by the rightholder with respect to such object (technical means of protecting
adjacent rights).



                               Article 1310. Information about adjacent right

   The provisions of articles 1300 and 1311 of the present Code are correspondingly applied to any information that
identifies the object of adjacent rights or rightholder, or information about conditions of using this object that is
contained on the corresponding material form, enclosed to it or is given in connection with transmission to air or by
cable or bringing this object to general notice, as well as any figures and codes in which such information is included
(information about adjacent right).
    Article 1311. Responsibility for violating exclusive right to object of adjacent rights

   In cases of violating the exclusive right to the object of adjacent rights the rightholder of the exclusive right
alongside with the use of other applicable methods of protection and measures of responsibility, established by the
present Code (articles 1250, 1252 and 1253), has the right in accordance with clause 3 article 1252 of the present
Code to demand at his option from the violator payment of compensation instead of recovering losses:

  at the rate from ten thousand rubles to five million rubles, fixed at the court’s disposal;

   at the double rate of value of the phonogram’s copies or at the double rate of value of the right of using the object
of adjacent rights, fixed proceeding from the price that in compared circumstances is usually charged for lawful use of
such object.



              Article 1312. Claim’s provision for cases on violating adjacent rights

   For the purposes of providing the claim for cases on violating adjacent rights the measures, provided by article
1302 of the present Code, are correspondingly applied to the defendant or person, with whom respect there are
sufficient grounds to believe that he is a violator of adjacent rights, as well as objects of adjacent rights with which
respect it is supposed that they are infringing.



                                           § 2. Rights to performance



                                             Article 1313. Performer

   The performer (author of performance) is a citizen, by whose creative labor the work is created, - actor-performer
(actor, singer, musician, dancer or other person who plays a role, reads, recites, sings, plays musical instrument or
otherwise participates in performing the work of literature, art or folk art, including variety, circus or puppet item), as
well as director of play (person, making production of theatrical, circus, puppet, variety or other theatrical
performance) and conductor.



                           Article 1314. Adjacent rights to joint performance

  1. Adjacent rights to joint performance belong to members of composite performers (actors, participated in the play,
musicians and other members of composite performers), jointly participate in its creation, irrespective of the fact
whether such performance is part and parcel or consists of elements, each of which has independent importance.

   2. Adjacent rights to joint performance are exercised by the director of composite performers, and in his absence -
by members of composite performers jointly, unless otherwise is provided by the agreement between them. If the joint
performance is part and parcel, neither member of composite performers has the right to prohibit its use without
sufficient grounds.

   The element of joint performance, which use is possible irrespective of other elements, that is element, having
independent importance, can be used by the performer who has created it, at his disposal, unless otherwise is
provided by the agreement between members of composite performers.

  3. The rules of clause 3 article 1229 of the present Code are applied correspondingly to relations of members of
composite performers, connected with distributing profits from using the joint performance.

  4. Each member of composite performers is entitled to take measures of protecting his adjacent rights to joint
performance, in particular when such performance is part and parcel.
                                       Article 1315. Performer’s rights

  1. The following belong to the performer:

  1) exclusive right to performance;
  2) right of authorship - right to be recognized as the author of performance;

   3) right to name - right to indication of his name or pseudonym on the phonogram’s copies and in other cases of
using performance, and in the case, provided by clause 1 article 1314 of the present Code, right to indication of the
name of members of composite performers, except for the cases when the character of using the work excludes the
possibility to indicate the performer’s name or name of composite performers;

  4) right to inviolability of performance - right to protection of performance from any distortion, that is from making
changes in the recording, transmission to air or by cable, resulting in perverting sense or violating integrity of the
performance’s perception.

  2. The performers exercise their rights in compliance with the rights of authors of performed compositions.

  3. The performer’s rights are recognized and are valid irrespective of presence and validity of copyrights to the
performed composition.



           Article 1316. Protection of authorship, performer’s name and inviolability
                           of performance after the performer’s death

  1. Authorship, performer’s name and inviolability of performance are protected within time-limit.

  2. The performer is entitled in the order, provided for appointing the executor of will (article 1134), to indicate the
person, on whom he places protection of his name and inviolability of performance after his death. This person
exercises his powers for life term.

   In absence of such indications or in case of rejecting the person, appointed by the performer, of exercising the
corresponding powers, as well as after this person’s death this performer’s name and inviolability of performance are
protected by his heirs, their assignees and other interested persons.



                               Article 1317. Exclusive right to performance

   1. The exclusive right to use performance belongs to the performer in accordance with article 1229 of the present
Code by any way not conflicting with law (exclusive right to performance), in particular by ways, indicated in clause 2
of the present article. The performer can dispose of the exclusive right to performance.

  2. The following are considered as use of performance:

   1) transmission to air, that is bringing performance to general notice by means of its transfer by radio or television
(in particular by way of retransmission), except for cable television. At that by transmission is meant any action, by
means of which the performance is available for auditory and (or) visual perception irrespective of its actual public
perception. In transmitting performance to air via satellite by transmission to air is meant reception of signals from
earth station to satellite and transmission of signals from satellite by means of which the performance can be brought
to general notice irrespective of its actual public perception;

   2) transmission by cable, that is bringing performance to general notice by means of its transfer by radio or
television with the help of cable, wire, optic fiber or similar means (in particular by way of retransmission);

   3) recording of performance, that is fixation of sounds and (or) image or their representations with the help of
technical means in some material form, permitting to exercise their repeated perception, reproduction or transmission;
   4) reproduction of the performance’s recording, that is production of the phonogram’s one and more copy or its
part. At that the recording of performance on the electronic form, including recording in EC memory, is also
considered reproduction, except for the cases when such recording is temporary and is an integral and essential part
of technological process, having as the only purpose lawful use of recording or lawful bringing performance to general
notice;

  5) distribution of the performance’s recording by sale or other alienation of its original or copies, being copies of
such recording on any material form;

   6) action, exercised with respect to recoding of performance and provided by subparagraphs 1 and 2 of the present
clause;

  7) bringing the performance’s recording to general notice so that any person can receive access to the
performance’s recording from any place and at any time at his own option (bringing to general notice);

   8) public performance of the performance’s recording, that is any transmission of recording with the help of
technical means in the place, open for free attendance, or in the place where there is significant number of persons,
not belonging to ordinary family circle, irrespective of the fact whether this recording is perceived in the place of its
transmission or in the other place concurrently with its transmission;

  9) distribution of original or copies of the performance’s recording.

   3. The exclusive right to performance does not cover reproduction, transmission to air by cable and public
performance of the performance’s recording in cases when such recording was reproduced with the performer’s
consent, and its reproduction, transmission to air or by cable or public performance are made for the same purposes
for which the performer’s consent was received in the performance’s recording.

   4. In concluding the contract with the performer on creation of audiovisual work the performer’s consent to use the
performance as part of audiovisual work is supposed. The performer’s consent to certain use of sound or image, fixed
in audiovisual work, must be directly expressed in the contract.

  5. The rules of clause 2 article 1315 of the present Code are correspondingly applied in using performance by the
person, not being his performer.



 Article 1318. Period of validity of exclusive right to performance, transfer of this right by
          succession and becoming performance the common property of people

   1. The exclusive right to performance is valid within the performer’s whole life, but not less than fifty years,
beginning with 1 January of the year, following the year in which performance or recording of performance, or
transmission of performance to air or by cable.

   2. If the performer was subject to repression and rehabilitated posthumously, the period of validity of the exclusive
right is considered to be prolonged and fifty years are estimated since 1 January of the year, following the year of
rehabilitation of the performer.

   3. If the performer worked during the Great Patriotic War or participated in it, the period of validity of the exclusive
right, established by clause 1 of the present article, is extended for four years.

   4. The rules of article 1283 of the present Code are correspondingly applied to transfer of the right to performance
by succession.

   5. At the expiration of the period of validity of the exclusive right to performance this right becomes common
property of people. The rules of article 1282 of the present Code are correspondingly applied to performance,
becoming common property of people.



                Article 1319. Claim’s provision for exclusive right to performance
                          and right of using performance under license
   1. It is permitted to charge the exclusive right to performance, belonging to the performer. However the performer’s
legal claim to other persons according to contracts on alienating the exclusive right to performance and license
contracts, as well as revenues obtained from using performance, can be charged.

   The exclusive right, not belonging to the performer, but the other person, and the right of using performance,
belonging to the licensee, can be charged.

   The rules of paragraph one of the present clause cover the performer’s heirs, their heirs, etc within the period of
validity of the exclusive right.

  2. In case of selling the right of using performance, belonging to the licensee, at auction for the purposes of
charging this right the priority right of its purchase is granted to the performer.



                  Article 1320. Performance created in executing official mission

  The rules of article 1295 of the present Code are correspondingly applied to right to performance, created by the
performer in executing official mission, in particular to rights to joint performance, created in this way.



           Article 1321. Validity of exclusive right to performance on the RF territory

  The exclusive right to performance is valid on the RF territory in the cases when:

  the performer is the RF citizen;

  the performance has taken place for the first time on the RF territory;

  the performance is fixed in the phonogram, guarded in accordance with provisions of article 1328 of the present
Code;

  the performance, not being fixed in the phonogram, is included in transmission to air or by cable, guarded in
accordance with provisions of article 1332 of the present Code;

  in other cases, provided by the RF international agreements.



                                            § 3. Right to phonogram



                                     Article 1322. Phonogram’s producer

   The person, taken the initiative and responsibility for the first recording of sound of performance or other sounds or
representations of these sounds, is considered the phonogram’s producer. In absence of other evidence the person,
whose name or designation is indicated by ordinary way on the phonogram’s copy and (or) its package, is considered
the phonogram’s producer.



                             Article 1323. Rights of phonogram’s producer

  1. The following belong to the phonogram’s producer:

  1) exclusive right to phonogram;
  2) right to indicate his name or designation on the phonogram’s copies and (or) their package;

  3) right to phonogram’s protection from distortion while using;

   4) right to phonogram’s promulgation, that is to exercise activity that makes the phonogram available for general
notice for the first time by its publication, public demonstration, public performance, transmission to air or by cable or
other way. At that the publication (printing) is issue of the phonogram’s copies into circulation with the producer’s
consent in the amount, sufficient for satisfying reasonable demands of public. .
   2. The phonogram’s producer exercises his rights in compliance with the rights of authors of works and rights of
performers.

  3. The rights of the phonogram’s producer are recognized and are valid irrespective of the presence and validity of
copyrights and performers’ rights.

   4. The right to indicate his name or designation on the phonogram’s copies and (or) their package and right to the
phonogram’s protection from distortion are valid and protected within the citizen’s whole life or till the termination of
the legal person, being the phonogram’s producer.



                                Article 1324. Exclusive right to phonogram

   1. The exclusive right to use phonogram belongs to the phonogram’s producer in accordance with article 1229 of
the present Code by any way not conflicting with law (exclusive right to phonogram), in particular by ways, indicated in
clause 2 of the present article. The phonogram’s producer can dispose of the exclusive right to phonogram.

  2. The following are considered as use of phonogram:

   1) public performance, that is any announcement of the phonogram with the help of technical means in the place,
open for free attendance, or in the place, where there is considerable number of persons, not belonging to ordinary
family circle, irrespective of the fact whether the phonogram is perceived in the place of its announcement or in the
other place with its announcement;

    2) transmission to air, that is bringing phonogram to general notice by means of its transfer by radio or television (in
particular by way of retransmission), except for transmission by cable. At that by transmission is meant any action, by
means of which the phonogram is available for auditory perception irrespective of its actual public perception. In
transmitting phonogram to air via satellite by transmission to air is meant reception of signals from earth station to
satellite and transmission of signals from satellite by means of which the phonogram can be brought to general notice
irrespective of its actual public perception;

   3) transmission by cable, that is bringing phonogram to general notice by means of its transfer by radio or television
with the help of cable, wire, optic fiber or similar means (in particular by way of retransmission);

   4) bringing phonogram to general notice by such a way that the person can get access to phonogram from any
place and at any time at his own option (bringing to general notice);

  5) reproduction, that is production of the phonogram’s one and more copy or its part. At that the recording of
phonogram or its part on the electronic form, including recording in EC memory, is also considered reproduction,
except for the case when such recording is temporary and is an integral and essential part of technological process,
having as the only purpose lawful use of recording or lawful bringing phonogram to general notice;

   6) distribution of the phonogram by sale or other alienation of original or copies, being copies of the phonogram on
any material form;
   7) import of the phonogram’s original or copies for the purposes of distribution, including copies, made with the
rightholder’s permission;

  8) distribution of the phonogram’s original or copies;

  9) phonogram’s remaking.

  3. The person, who has lawfully remade the phonogram, acquires the adjacent right to remade phonogram.
   4. While using the phonogram by the person, not being its producer, the rules of clause 2 article 1323 of the
present Code, are applied correspondingly.



             Article 1325. Distribution of original or copies of published phonogram

   If the original or copies of lawfully published phonogram are put into civil circulation on the RF territory by their sale
or other alienation, the further distribution of original or copies is permitted without consent of the exclusive right’s
holder to phonogram and without paying reward to him.



               Article 1326. Use of phonogram, published in commercial purposes

  1. The public performance of phonogram, published in commercial purposes, as well as its transmission to air or by
cable is permitted without consent of the exclusive right’s holder to phonogram and exclusive right’s holder to
performance, fixed in this phonogram, but with paying reward to him.

   2. The return of reward from users, provided by clause 1 of the present article, and allocation of this reward are
made by organizations for administering rights on collective basis, having state accreditation for exercising the
corresponding kinds of activity (article 1244).

   3. The reward, provided by clause 1 of the present article, is allocated among rightholders in the following
proportion:

   fifty percent - to performers, fifty percent - phonogram’s producers. The reward among particular performers,
phonogram’s producers is allocated in proportion to actual use of the corresponding phonograms. The procedure of
return, allocation and payment of reward is established by the RF Government.

  4. The phonogram’s users must present to organization for administering rights on collective basis reports of using
phonograms, as well as other data and documents, necessary for return and allocation of reward.



  Article 1327. Period of validity of exclusive right to phonogram, transfer of this right to
                assignees and becoming phonogram the common property

  1. The exclusive right to phonogram is valid within fifty years, beginning with 1 January of the year, following the
year in which the recording was made. In case of publishing the phonogram the exclusive right is valid within fifty
years, beginning with 1 January of the year, following the year in which it was published on condition that the
phonogram was published within fifty years after making recording.

   2. The exclusive right to phonogram is transferred to heirs and other assignees within the limits of remaining part of
terms, mentioned in clause 1 of the present article.

  3. At the expiration of the period of validity of exclusive right to phonogram it becomes the common property of
people. The rules of article 1282 of the present Code are correspondingly applied to the phonogram that has become
common property of people.



            Article 1328. Validity of exclusive right to phonogram on the RF territory

  The exclusive right to phonogram is valid on the RF territory in the cases when:

  the phonogram’s producer is the RF citizen or Russian legal person;

  the phonogram is published or its copies were publicly distributed on the RF territory for the first time;
   in other cases, provided by the RF international agreements.



                       § 4. Right of organizations of air and cable broadcasting



                        Article 1329. Organization of air and cable broadcasting

  The legal person, making transmission to air or by cable of radio- or telecasts (aggregate of sounds and (or)
images or their representations), is considered as organization of air and cable broadcasting.



                      Article 1330. Exclusive right to report of radio- or telecasts

   1. The exclusive right to use transmission to air or by cable, lawfully exercising or exercised by it, in accordance
with article 1229 of the present Code by any way not conflicting with law (exclusive right to radio- or telecasts
transmission), in particular by ways, indicated in clause 2 of the present article, belongs to organization of air and
cable broadcasting. The organization of air or cable broadcasting can dispose of the exclusive right to radio- or
telecast transmission.

   2. The following are considered as radio- or telecast transmission (broadcasting):

   1) recording of radio- or telecast transmission, that is fixation of sounds and (or) image or their representations with
the help of technical means in some material form, permitting to exercise their repeated perception, reproduction or
transmission;

   2) reproduction of radio- or telecast transmission, that is production of one and more copy of recording of radio- or
telecast transmission or its part. At that the recording of radio- or telecast transmission on the electronic form,
including recording in EC memory, is also considered reproduction, except for the case when such recording is
temporary and is an integral and essential part of technological process, having as the only purpose lawful use of
recording or lawful bringing radio- or telecast transmission to general notice;

   3) distribution of radio- or telecast transmission by sale or other alienation of original or copies of recording of radio-
or telecast transmission;

   4) retransmission, that is report in the air (in particular via satellite) or by cable of radio- or telecast by one
organization of air or cable broadcasting concurrently with receiving such report of this telecast by it from the other
organization;

   5) bringing of radio- or telecast transmission to general notice by such a way that any person can get access to
radio- or telecast transmission from any place and at any time at his own option (bringing to general notice);
   6) public performance, that is any radio- or telecast transmission with the help of technical means in the places with
charged entrance irrespective of the fact whether it is perceived in the place of transmission or in the other place
concurrently with transmission;

   3. Both retransmission to air and by cable are considered as using radio- or telecast transmission of organization of
air broadcasting.

  Both retransmission by cable and to air are considered as using radio- or telecast transmission of organization of
cable broadcasting.

   4. The rules of clause 3 article 1317 of the present Code are correspondingly applied to the right of using radio- or
telecast transmission.

   5. The organizations of air and cable broadcasting exercise their rights in compliance with the rights of the works’
authors, performers’ rights, and in the corresponding cases - holders of rights to phonogram and rights of other
organizations of air and cable broadcasting to radio-and telecasts transmissions.
  6. The rights of organization of air or cable broadcasting are recognized and are valid irrespective of the presence
and validity of copyrights, performers’ rights, as well as rights to phonogram.



     Article 1331. Period of validity of exclusive right to radio- or telecast transmission,
     transfer of this right to assignees and becoming of report of radio- or telecast the
                                        common property

  1. The exclusive right to radio- or telecast transmission is valid within fifty years, beginning with 1 January of the
year, following the year, in which the radio- or telecast transmission to air or by cable occurred.

   2. The exclusive right to radio- or telecast transmission is transferred to assignees of organization of air or cable
broadcasting within the limits of remaining part of the term, mentioned in clause 1 of the present article.

   3. At the expiration of the period of validity of the exclusive right to radio- or telecast transmission it becomes the
common property of people. The rules of article 1282 of the present Code are correspondingly applied to radio- or
telecast transmission that has become common property of people.



     Article 1332. Validity of exclusive right to radio- or telecast transmission on the RF
                                             territory

   The exclusive right to radio- or telecast transmission is valid on the RF territory, if the organization of air or cable
broadcasting has its place of location on the RF territory and makes report with the help of transmitters, located on the
RF territory, as well as in other cases, provided by the RF international agreements.



                                      § 5. Right of database’s producer



                                     Article 1333. Producer of database

   1. The person, organized the creation of database and work for collection, processing and arrangement of its
materials, is considered the database’s producer. In absence of other proofs the citizen or legal person, whose name
or designation is indicated by usual way on the database’s copy and (or) its package is considered the producer of
database.

  2. The following belong to the database’s producer:

  exclusive right of the database’s producer;

  right to indicate his name or designation on the database’s copies and (or) their packages.



                       Article 1334. Exclusive right of the database’s producer

   1. The exclusive right to extract materials from the database and realize their consequent use in any form and any
way (exclusive right of the database’s producer) belongs to the database’s producer which creation (including
processing or presentation of the corresponding materials) demands significant financial, material, organizational and
other expenses. The database’s producer can dispose of the mentioned exclusive right. In absence of other proofs the
database, containing not less than ten thousand independent informational elements (materials), forming the
database’s content (paragraph two clause 2 article 1260) is considered database, which creation demands significant
expenses.
   Nobody has the right to extract materials from the database and realize their consequent use without the
rightholder’s permission, except for the cases, provided by the present Code. At that by extraction of materials is
meant transfer of the database’s whole content or essential part of its materials to the other informational form using
any technical means and in any form.

   2. The exclusive right of the database’s producer is recognized and is valid irrespective of the presence and validity
of copyrights and other exclusive rights of the database’s producer and other persons to materials, forming the
database, as well as database as component work on the whole.

   3. The person, lawfully using database, is entitled without the rightholder’s permission to extract materials from
such database and realize their consequent use in personal, scientific, educational and other non-profit purposes in
the volume, justified by the mentioned purposes, and to such extent, in which such actions do not violate copyrights of
the database’s producer and other persons.

   The use of materials, extracted from the database, by the method, supposing getting access to them for unlimited
group of persons, must be followed by the indication to the database, from which these materials were extracted.



          Article 1335. Period of validity of exclusive right of the database’s producer

    1. The exclusive right of the database’s producer arises in completion of its creation and is valid within fifteen
years, beginning with 1 January of the year, following the year of its creation. The exclusive right of the database’s
producer, promulgated in the mentioned period, is valid within fifteen years, beginning with 1 January of the year,
following the year of its promulgation.

  2. The terms, provided by clause 1 of the present article, are resumed at each renewal of the database.



   Article 1336. Validity of exclusive right of the database’s producer on the RF territory

  1. The exclusive right of the database’s producer is valid on the RF territory in the cases when:

  the database’s producer is the RF citizen or Russian legal person;

   the database’s producer is a foreign citizen or foreign legal person on condition that the protection of the exclusive
right of the database’s producer, which producer is the RF citizen or Russian legal person, is granted by the legislation
of the relative foreign state on its territory.

   in other cases, provided by the RF international agreements.
   2. If the database’s producer is a person without citizenship, depending on the fact, whether this person has place
of residence on the RF territory or foreign state, the rules of clause 1 of the present article, relating to the RF citizens
or foreign citizens, are correspondingly applied.



                       § 6. Publisher’s right to work of science, literature or art



                                              Article 1337. Publisher

   1. The citizen, who has lawfully published or organized publication of work of science, literature or art, not
published earlier and becoming the common property (article 1282) or being in common property because it was not
protected by copyright, is considered the publisher.

   2. The publisher’s rights cover works that irrespective of the period of their creation could be recognized as objects
of copyright in accordance with the rules of article 1259 of the present Code.
  3. The provisions, provided by the present paragraph, do not cover works, being in state and municipal archives.



                                        Article 1338. Publisher’s rights

  1. The following belong to the publisher:

  1) publisher’s exclusive right to work published by him (clause 1 article 1339);

   2) right to indicate his name on copies of the work published by him and in other cases of its use, in particular in
translation or other processing of work.

   2. In publishing the work the publisher is obliged to observe the terms, provided by clause 3 article 1268 of the
present Code.

   3. Within the period of validity of the publisher’s exclusive right to work the publisher possesses authorities,
mentioned in paragraph two clause 1 article 1266 of the present Code. The person, whom the publisher’s exclusive
right to work was transferred, possess the same authorities.



                            Article 1339. Publisher’s exclusive right to work

   1. The exclusive right to use work in accordance with article 1229 of the present Code (publisher’s exclusive right
to work) belongs to the publisher of work by ways, provided by subparagraphs 1-8 and 11 clause 2 article 1270 of the
present Code. The publisher of work can dispose of the stated exclusive right.

   2. The publisher’s exclusive right to work is also recognized when the work was published by the publisher in
translation or other processing. The publisher’s exclusive right to work is recognized and valid irrespective of presence
and validity of the publisher’s copyright or other persons to translation or processing of work.



               Article 1340. Period of validity of publisher’s exclusive right to work

  The publisher’s exclusive right to work arises while publishing this work and valid within twenty five years,
beginning with 1 January of the year, following the year of its publication.




        Article 1341. Validity of publisher’s exclusive right to work on the RF territory

  1. The publisher’s exclusive right covers the work:

  1) published on the RF territory, irrespective of the publisher’s citizenship;

  2) published outside the RF territory by the RF citizen;

   3) published outside the RF territory by the foreign citizen or citizen without citizenship on condition that that the
protection of the publisher’s exclusive right, being the RF citizen, is granted by the legislation of the foreign state in
which the work was published on its territory.

  4) in other cases, provided by the RF international agreements.

  2. In the case, mentioned in subparagraph 3 clause 1 of the present article, the period of validity of the publisher’s
exclusive right to work on the RF territory can not exceed the period of validity of the publisher’s exclusive right to
work, established in the state, on which territory the legal fact, being the ground for acquiring such exclusive right, has
occurred.
               Article 1342. Early termination of publisher’s exclusive right to work

   The publisher’s exclusive right to work can be terminated ahead of time in court order at the interested person’s
claim, if while using the work the rightholder infringes the requirement of the present Code with respect to protection of
authorship, author’s name or work’s inviolability.



      Article 1343. Alienation of work’s original and publisher’s exclusive right to work

   1. In alienating work’s original (manuscript, original of work of painting, sculpture or other similar work) by its owner,
possessing the publisher’s exclusive right to alienated work, this exclusive right is transferred to the acquirer of work’s
original, unless otherwise is provided by the contract.

   2. If the publisher’s exclusive right to work was not transferred to acquirer of work’s original, the acquirer is entitled
without the holder’s consent of the publisher’s exclusive right to use the work’s original by the ways, mentioned in
paragraph two clause 1 article 1291 of the present Code.



                           Article 1344. Distribution of work’s original or copies
                                protected by the publisher’s exclusive right

   If the work’s original or copies, published in accordance with the present paragraph, were lawfully put into civil
circulation by their sale or other alienation, the further distribution of original or copies is permitted without the
publisher’s consent and without paying reward to him.



                                              Chapter 72. Patent law



                                              § 1. General provisions



                                            Article 1345. Patent rights

  1. The intellectual rights to inventions, useful models and industrial samples are patent rights.

  2. The following rights belong to the author of invention, useful model or industrial sample.

  1) exclusive right;

  2) authorship’s right.

   3. In the cases, provided by the present Code, other rights also belong to the author of invention, useful model or
industrial sample, including right to receiving patent, right to reward for using official invention, useful model or
industrial sample.



              Article 1346. Validity of exclusive rights to inventions, useful models
                            and industrial samples on the RF territory
   On the RF territory exclusive rights to inventions, useful models and industrial samples, witnessed by patents,
granted by the federal executive body on intellectual property, or patents, having force on the RF territory in
accordance with the RF international agreements, are recognized.



               Article 1347. Author of invention, useful model or industrial sample

   The citizen, whose creative labor is created the corresponding result of intellectual activity, is considered the author
of invention, useful model or industrial sample. The person, mentioned as the author in the application for granting
patent on invention, useful model or industrial sample, is considered the author of invention, useful model or industrial
sample, unless otherwise is proved.



            Article 1348. Co-authors of invention, useful model or industrial sample

  1. The citizens, created invention, useful model or industrial sample by joint creative labor, are recognized co-
authors.

   2. Each of co-authors is entitled to use invention, useful model or industrial sample at his discretion, unless
otherwise is provided by the agreement between them.

  3. The rules of clause 3 article 1229 of the present Code are correspondingly applied to co-authors’ relations,
connected with allocation of profits from using invention, useful model or industrial sample and disposal of the
exclusive right to invention, useful model or industrial sample.

  The authors jointly dispose of the right to receiving patent on invention, useful model or industrial sample.

   4. Each of co-authors is entitled to take independent measures for protecting his rights to invention, useful model or
industrial sample.



                                    Article 1349. Objects of patent rights

   1. Objects of patent rights are results of intellectual property in scientific technical sphere, meeting the
requirements, established by the present Code, to inventions and useful models, and results of intellectual property in
the sphere of industrial design, meeting the requirements, established by the present Code, to industrial samples.
   2. The provisions of the present Code cover inventions, containing data, being state secret (secret inventions),
unless otherwise is provided by special rules of articles 1401-1405 of the present Code and other legal acts, published
in accordance with them.

  3. The legal protection is not provided in accordance with the present Code to useful models and industrial
samples, containing data, being state secret.

  4. The following cannot be objects of patent rights:

  1) ways of cloning person;

  2) ways of modifying genetic integrity of cells of man’s germ line;

  3) use of human embryos in industrial and commercial purposes;

  4) other decisions, conflicting with public interests, principles of humanity and morality.



                          Article 1350. Conditions of invention’s patentability
   1. The technical decision in any field, relating to product (in particular, device, substance, germ culture, culture of
plant or animals cells) or way (process of exercising activities with respect to material object with the help of materials
means) is protected as invention.

  The legal protection is provided to invention, if it is new, has inventive level and applied in industry.

  2. The invention is new, if it is unknown from the level of engineering.

  The invention has inventive level, if it does not obviously follow from the level of engineering for specialist.

   The level of engineering includes any data that have become available all over the world before the date of the
invention’s priority.

   In establishing the invention’s novelty all applications for granting patents on inventions and useful models, filed by
other persons in the RF, with which documents any person is entitled to familiarize in accordance with clause 2 article
1385 or clause 2 article 1394 of the present Code, and inventions and useful models, patented in the RF, are also
included in the level of engineering on condition of their earlier priority.

   3. The disclosure of information, relating to invention, by the author of invention, applicant or any person, received
this information from them directly or indirectly, as a result of which the data on essence of invention have become
available to all, is not the circumstance that prevents to recognize patentability of invention, on condition that the
application for granting a patent on invention was filed to the federal executive body on intellectual property within six
months from the day of disclosing information. The burden of proving the fact that the circumstances owing to which
the disclosure of information does not prevent recognition of patentability of invention, have taken place, is placed on
the applicant.

  4. The invention is industrially applicable if it can be used in industry, agriculture, healthcare, other branches of
economy or in social sphere.

  5. The following are not inventions:

  1) discoveries;

  2) scientific theories and mathematical methods;

  3) decisions concerning only outward appearance of goods and aimed at satisfying aesthetic needs;

  4) rules and methods of games, intellectual or economical activity;

  5) programs for EC;

  6) decisions connected only with presenting information.

   In accordance with the present clause the possibility of referring these objects to inventions is excluded only when
the application for granting patent to invention is connected with these objects as such.

  6. The legal protection as invention is not provided:

  1) to types of plants, species of animals and biological methods of their reception, except for microbiological
methods and products, received by these methods;

  2) to integrated circuit topologies.



                        Article 1351. Conditions of useful model’s patentability

  1. The technical decision, relating to device, is protected as useful model.

  The legal protection is provided to useful model, if it is new and applied in industry.

  2. The useful model is new, if the aggregate of its essential attributes is unknown from the level of engineering.
   The level of engineering includes any data published all over the world on means of the same purpose as stated
useful model, and data on their application in the RF, if such data have become available before the date of the useful
model’s priority. All applications for granting patents on inventions and useful models, filed by other persons in the RF,
with which documents any person is entitled to familiarize in accordance with clause 2 article 1385 or clause 2 article
1394 of the present Code, and inventions and useful models, patented in the RF, are also included in the level of
engineering on condition of their earlier priority.

   3. The disclosure of information, relating to useful model, by the author of useful model, applicant or any person,
received this information from them directly or indirectly, as a result of which the data on essence of useful model
have become available to all, is not the circumstance that prevents to recognize patentability of useful model, on
condition that the application for granting patent on useful model was filed to the federal executive body on intellectual
property within six months from the day of disclosing information. The burden of proving the fact that the
circumstances owing to which the disclosure of information does not prevent recognition of patentability of useful
model, have taken place, is placed on the applicant.

  4. The useful model is industrially applicable if it can be used in industry, agriculture, healthcare, other branches of
economy or in social sphere.

  5. The legal protection as useful model is not provided:

  1) to decisions concerning only outward appearance of goods and aimed at satisfying aesthetic needs;

  2) to integrated circuit topologies.



                     Article 1352. Conditions of industrial sample’s patentability

   1. Artistic-engineering decision of goods of industrial or handicraft production defining its appearance is protected
as industrial sample.

  The legal protection is provided to industrial sample, if it is new and original by its essential attributes.

   The essential attributes of industrial sample includes attributes, defining aesthetic and (or) ergonomic peculiarities
of goods’ appearance, in particular form, configuration, ornament and combination of colors.

   2. The industrial sample is new, if the aggregate of its essential attributes, represented on images of goods and
given ion the list of essential attributes of industrial sample (clause 2 article 1377), is unknown from the data, having
become available all over the world before the date of industrial sample’s priority.

  In establishing the industrial sample’s novelty all applications for industrial samples, filed by other persons in the
RF, with which documents any person is entitled to familiarize in accordance with clause 2 article 1394 of the present
Code, and industrial samples, patented in the RF, are also taken into consideration on condition of their earlier priority.

  3. The industrial sample is original, if its essential attributes are conditioned by creative character of goods’
peculiarities.

   4. The disclosure of information, relating to industrial sample, by the author of industrial sample, applicant or any
person, received this information from them directly or indirectly, as a result of which the data on essence of industrial
sample have become available to all, is not the circumstance that prevents to recognize patentability of industrial
sample, on condition that the application for granting patent on industrial sample was filed to the federal executive
body on intellectual property within six months from the day of disclosing information. The burden of proving the fact
that the circumstances owing to which the disclosure of information does not prevent recognition of patentability of
industrial sample, have taken place, is placed on the applicant.

  5. The legal protection as industrial sample is not provided:

  1) to decision conditioned by exclusively technical function of goods;

   2) to objects of architecture (except small architectural forms), industrial, hydroengineering and other stationary
structures;
  3) to objects of unstable form from liquid, gaseous, loose and similar substances.



    Article 1353. State registration of inventions, useful models and industrial samples

   The exclusive right to invention, useful model or industrial sample is recognized and protected on condition of state
registration of the corresponding invention, useful model or industrial sample, on which basis the federal executive
body on intellectual property grants patent on invention, useful model or industrial sample.



               Article 1354. Patent on invention, useful model or industrial sample

   1. The patent on invention, useful model or industrial sample certifies the priority of invention, useful model or
industrial sample, authorship and exclusive right to invention, useful model or industrial sample.

   2. The protection of intellectual rights to invention or useful model is provided on the basis of patent in the amount,
defined by the formula of invention or correspondingly useful model, included in the patent. The description and
drawings can be used for interpreting formula of invention and formula of useful model (clause 2 article 1375 and
clause 2 article 1376).

   3. The protection of intellectual rights to industrial sample is provided on the basis of patent in the amount, defined
by the aggregate of its essential attributes, represented on images of goods and given in the list of its essential
attributes of industrial sample (clause 2 article 1377).

                           Article 1355. State stimulation of creation and use
                          of inventions, useful models and industrial samples

  The state stimulates creation and use of inventions, useful models and industrial samples, presents them to
authors, as well as patent holders and licensees, using the corresponding inventions, useful models and industrial
samples, benefits in accordance with the RF legislation.



                                                 § 2. Patent rights



       Article 1356. Authorship’s right to invention, useful model or industrial sample

   The authorship’s right, that is the right to be recognized as the author of invention, useful model or industrial
sample, is inalienable and non-transferable, in particular in transferring the excusive right to invention, useful model or
industrial sample to the other person and in presenting the right of its use to the other person. The rejection of this
right is void.



   Article 1357. Right to receiving patent on invention, useful model or industrial sample

   1. The right to receiving patent on invention, useful model or industrial sample originally belongs to the author of
invention, useful model or industrial sample.

   2. The right to receiving patent on invention, useful model or industrial sample can be transferred to the other
person (assignee) or it can be transferred to him in cases and on grounds that are established by law, in particular in
the procedure of universal succession, or under the contract, in particular labor contract.
  3. The contract on alienating the right to receiving patent on invention, useful model or industrial sample must be
concluded in writing. Failure to comply with the written form results in the contract’s invalidity.

  4. Unless otherwise is provided by the agreement of the parties of the contract on alienating the right to receiving
patent on invention, useful model or industrial sample, the acquirer of such right takes the risk of non-patentability.



          Article 1358. Exclusive right to invention, useful model or industrial sample

   1. The exclusive right to use invention, useful model or industrial sample belongs to patent holder in accordance
with article 1229 of the present Code by any way not conflicting with law (exclusive right to invention, useful model or
industrial sample), in particular by ways, provided in clauses 2 and 3 of the present article. The patent holder can
dispose of the exclusive right to invention, useful model or industrial sample.

   2. The following are considered, in particular, as use of invention, useful model or industrial sample:

   1) import to the RF territory, production, application, offer to sale, sale, other putting into civil circulation or storage
of product for these purposes in which the invention or useful model are used, or products in which the industrial
sample is used;

   2) committing actions, provided by subparagraph 1 of the present clause, with respect to the product, received by
directly patented method. If the product, received by directly patented method, is new, identical product is considered
to be received by using patented method, as otherwise is not proved;

   3) committing actions, provided by subparagraph 1 of the present clause, with respect to the device, in which
functioning (operating) in accordance with its purpose the patented method is applied;

   4) applying method in which the invention is used, in particular, by using this method.

    3. The invention or useful model are considered to be used in the product or method, if the product contains, and
there used in the method each attribute of invention or useful model, given in the separate clause of formula of
invention or useful model, containing in the patent, or attribute, equivalent to it and becoming known as such in this
field of technique before exercising actions with respect to the corresponding product or method, provided by clause 2
of the present article.

   The industrial sample is considered to be used in the product, if such product contains all essential attributes of
industrial sample, reflected on images of goods and given in the list of essential attributes of industrial sample (clause
2 article 1377).

   If in using invention or useful model all attributes are also used, given in the separate clause of formula of the other
invention or other useful model, containing in the patent, and in using industrial sample - all attributes given in the list
of essential attributes of the other industrial sample, other invention, other useful model or other industrial sample are
also considered to be used.

   4. If two and more persons are holders of patent on one invention, one useful model or one industrial sample, the
rules of clauses 2 and 3 article 1348 are correspondingly applied to relations between them irrespective of the fact,
whether some of patent holders is the author of this result of intellectual property.



                      Article 1359. Actions not being violation of exclusive right
                            to invention, useful model or industrial sample

   The following are not violation of the exclusive right to invention, useful model or industrial sample:

  1) application of product, in which the invention or useful model are used, application of product, in which industrial
sample is used, in construction, in auxiliary equipment, or in using vehicles (water, air, car and railway transport) or
space technology of foreign states on condition that these vehicles or this space technology are temporarily or
accidentally on the RF territory and the mentioned product or article are applied exclusively for needs of vehicles or
space technology. Such action is not considered violation of the exclusive right with respect to vehicles or space
technology of those foreign states that grant the same rights with respect to vehicles or space technology, registered
in the Russian Federation;

   2) making scientific research of product or method in which the invention or useful model are used, or scientific
research of article, in which the industrial sample is used, or making experiment with such product, method or article;

   3) use of invention, useful model or industrial sample in extraordinary circumstances (natural disasters,
catastrophes, accidents) with the notice of the patent holder about such use at the earliest possible date and with
subsequent payment of proportionate compensation to him;

  4) use of invention, useful model or industrial sample for satisfying personal, family, domestic or other needs, not
connected with business activity, if receiving profit or income is not the purpose of such use;

   5) one-time production of remedies in drug-stores at the doctors’ prescriptions using the invention;

   6) import to the RF territory, application, offer to sale, sale, other putting into civil circulation or storage of product
for these purposes, in which the invention or useful model are used, or article, in which the industrial sample is used, if
this product or this article were earlier put into civil circulation on the RF territory by the patent holder or other person
with the patent holder’s permission.



                  Article 1360. Use of invention, useful model or industrial sample
                                 in the interests of national security

   The RF Government has the right in the interests of defense and security to permit use of invention, useful model
or industrial sample without the patent holder’s consent with notifying him about it at the earliest possible date and
with payment of proportionate compensation to him.



        Article 1361. Right of prior use to invention, useful model or industrial sample

    1. The person who before the priority date of invention, useful model or industrial sample (articles 1381 and 1382)
has conscientiously used on the RF territory identical decision, created irrespective of the author, or made necessary
preparations, reserves the right to further gratuitous use of identical decision without expanding the scope of such use
(right of prior use).

   2. The right of prior use can be transferred to the other person only together with the enterprise on which the
identical decision was used or necessary preparations were made to it.



      Article 1362. Compulsory license to invention, useful model or industrial sample

   1. If the invention or industrial sample are not used or insufficiently used by the patent holder within four years from
the day of granting the patent, and the useful model - within three years from the day of granting the patent that result
in insufficient demand of goods, works or services at the market, any person, wishing and being ready to use such
invention, useful model or industrial sample, in rejection of the patent holder to conclude license contract with this
person on the terms, corresponding to the established practice, is entitled to appeal to court with the claim to the
patent holder on granting compulsory ordinary (non-exclusive) license for using invention, useful model or industrial
sample on the RF territory. This person must state in the plaintiff’s claim the proposed terms of granting such license
to him, including the scope of using invention, useful model or industrial sample, amount, procedure and terms of
payments.

   If the patent holder does not prove that disuse or insufficient use of invention, useful model or industrial sample by
him is stipulated by good reasons, the court takes the decision on granting the license, mentioned in paragraph one of
the present clause, and terms of its granting. The total amount of payments for such license must be fixed by court
decision not lower than the price of license, determined in comparable circumstances.
   The validity of compulsory ordinary (non-exclusive) license can be terminated in court order at the patent holder’s
claim, if the circumstances stipulated granting of such license cease to exist and their appearance is unlikely again. In
this case the court establishes the term and procedure of terminating compulsory ordinary (non-exclusive) license and
acquired rights in connection with obtaining this license.

   2. If the patent holder can not use invention to which he has the exclusive right, thus not violating rights of the other
patent’s holder (first patent) to invention or useful model, rejected to conclude license contract on the terms,
corresponding to the established practice, the patent’s holder (second patent) has the right to appeal to court with the
claim to the first patent’s holder on granting compulsory ordinary (non-exclusive) license for using invention or useful
model on the RF territory of the first patent’s holder. The second patent’s holder must state in the plaintiff’s claim the
proposed terms of granting such license to him, including the scope of using invention or useful model, amount,
procedure and terms of payments. If this patent holder, having the exclusive right to such dependent invention, proves
that it is important technical achievement and has essential economic advantages over invention or useful model of
the first patent’s holder, the court takes the decision on granting compulsory ordinary (non-exclusive) license to him.
The right of using invention, protected by the first patent, obtained under this license, can not be transferred to other
persons, except for alienating the second patent.

   The total amount of payments for compulsory ordinary (non-exclusive) license must be fixed by court decision not
lower than the price of license, determined in comparable circumstances.

   In case of granting in accordance with the present clause compulsory ordinary (non-exclusive) license the holder of
patent to invention or useful model, the right to which use is granted on the basis of the mentioned license, has also
the right to grant ordinary (non-exclusive) license for using dependent invention, in which connection the compulsory
ordinary (non-exclusive) license was granted, on the terms, corresponding to the established practice.

  3. On the basis of the court decision, provided by clauses 1 and 2 of the present article, the federal executive body
on intellectual property exercises state registration of compulsory ordinary (non-exclusive) license.



                           Article 1363. Periods of validity of exclusive rights
                            to invention, useful model and industrial sample

    1. The period of validity of the exclusive right to invention, useful model, industrial sample and patent, certifying this
right, is calculated from the day of filing initial application for granting patent to the federal executive body on
intellectual property and on condition of complying with the requirements, established by the present Code, amounts
to:

   twenty years - for inventions;

   ten years - for useful models;

   fifteen years - for industrial samples.

   The exclusive right, certified by the patent, can be protected only after state registration of invention, useful model
or industrial sample and granting patent (article 1393).

   2. If from the day of filing application for granting patent to invention, relating to remedy, pesticide or chemical, for
which application it is required to receive permission in the order, established by law, to the day of receiving the first
permission for its application more than five years have passed, the period of validity of the exclusive right to the
corresponding invention and patent, certifying this right, is prolonged upon the patent holder’s application by the
federal executive body on intellectual property. The mentioned period is prolonged for the time, passed from the day
of filing the application for granting patent to invention to the day of receiving the first permission for applying
invention, deducting five years. At that the period of validity of patent to invention can not be prolonged for more than
five years.

   The application for prolonging the period is filed by the patent holder within the period of validity of patent to the
expiration of six months from the date of receiving permission to use invention or date of granting patent depending on
the fact which of these periods shall expire later.

   3. The period of validity of the exclusive right to useful model and patent, certifying this right, is prolonged by the
federal executive body on intellectual property upon the patent holder’s application for the period, mentioned in the
application, but not more than three years, and the exclusive right to industrial sample and patent, certifying this right -
for the period, mentioned in the application, but not more than ten years.

   4. The procedure of prolonging the period of validity of patent to invention, useful model and industrial sample is
established by the federal executive body, exercising standard and legal regulation in the sphere of intellectual
property.

    5. The validity of the exclusive right to invention, useful model and industrial sample and patent, certifying this right,
is recognized invalid or terminated ahead of time on the grounds and in the order that are provided by articles 1398
and 1399 of the present Code.


              Article 1364. Becoming invention, useful model and industrial sample
                                 the common property of people

  1. At the expiration of the period of validity of the exclusive right the invention, useful model or industrial sample
become the common property of people.

   2. Any person can use freely invention, useful model or industrial sample that have become the common property
of people without somebody’s consent or permission and without paying reward for use.



        § 3. Disposal of exclusive right to invention, useful model or industrial sample



                            Article 1365. Contract of alienating exclusive right
                             to invention, useful model or industrial sample

   Under the contract of alienating the exclusive right to invention, useful model or industrial sample (contract of
alienating patent) one party (patent holder) transfers or is obliged to transfer the excusive right belonging to it to the
corresponding result of intellectual activity in full volume to the other party - acquirer of exclusive right (patent
acquirer).



        Article 1366. Public offer to conclude contract of alienating patent to invention

   1. The applicant, being the author of invention, in filing the application for granting patent to invention can enclose
the application to the documents that in case of granting patent he is obliged to conclude the contract of alienating
patent on the terms, corresponding to the established practice, with any citizen of the Russian Federation or Russian
legal person, who was the first to show such desire and notify the patent holder and federal executive body on
intellectual property about it. In presence of such application patent fees, provided by the present Code, with respect
to application for granting patent to invention and with respect to patent, granted to this application, are not charged
from the applicant.

   The federal executive body on intellectual property publishes data on the mentioned application in the official
bulletin.

  2. The person, concluded the contract of alienating patent to invention with the patent holder on the basis of his
application, mentioned in clause 1 of the present article, is obliged to pay all patent fees, from which payment the
applicant (patent holder) was exempted. Later the patent fees are paid in the established order.

  For registering the contract of alienating patent in the federal executive body on intellectual property the document,
confirming the payment of all patent fees, from which payment the applicant (patent holder) was exempted, must be
enclosed to the application for registration of contract.

  3. If within two years from the day of publishing data on granting patent to invention, with which respect the
application, mentioned in clause 1 of the present article, was made to the federal executive body on intellectual
property, the written notice of desire to conclude the contract of alienating patent was not received, the patent holder
can file the petition on revocation of his application to the mentioned federal body. In this case the patent fees,
provided by the present Code, from which payment the applicant (patent holder) was exempted, are subject to
payment. Later the patent fees are paid in the established order.

   The federal executive body on intellectual property publishes data on revocation of application, mentioned in clause
1 of the present article, in the official bulletin.



                       Article 1367. License contract of granting right of using
                             invention, useful model or industrial sample

   Under the license contract one party - patent holder (licensor) grants or is obliged to grant the other party (licensee)
the right of using invention, useful model or industrial sample, certified by patent, within the limits, established by the
contract.



          Article 1368. Open license for invention, useful model or industrial sample

   1. The patent holder can file the application to the federal executive body on intellectual property on possibility of
granting any person the right of using invention, useful model or industrial sample (open license).

  In this case the amount of patent fee for keeping patent to invention, useful model or industrial sample valid
decreases by fifty percent beginning with the year, following the year of publishing data on open license by the federal
executive body on intellectual property.

   The terms of license, on which the right of using invention, useful model or industrial sample can be granted to any
person, are informed by the patent holder to the federal executive body on intellectual property that publishes the
corresponding data on open license at the patent holder’s expense. The patent holder is obliged to conclude license
contract with the person, showing desire to use the mentioned invention, useful model or industrial sample, on the
terms of simple (non-exclusive) license.

    2. If the patent holder within two years from the day of publishing data on open license did not receive offers in
writing on concluding license contract on the terms, contained in his application, at the expiration of two years he can
file the petition on revocation of his application on open license to the federal executive body on intellectual property.
In this case the patent fee for keeping patent valid is subject to payment for the period, passed from the day of
publishing data on open license, and later it is paid in full amount. The mentioned federal body publishes data on
revocation application in the official bulletin.



      Article 1369. Form and state registration of contract of disposing exclusive right
                      to invention, useful model and industrial sample

    The contract of alienating patent, license contract, as well as other contracts, by means of which the exclusive right
to invention, useful model and industrial sample is disposed, are concluded in writing and subject to state registration
in the federal executive body on intellectual property.




 § 4. Invention, useful model and industrial sample created in connection with executing
                      official task or executing works under contract



        Article 1370. Official invention, official useful model, official industrial sample
    1. The invention, useful model and industrial sample, created by the employee in connection with executing his
official labor duties or employer’s particular task, are considered correspondingly official invention, official useful
model or official industrial sample.

   2. The right of authorship to official invention, official useful model or official industrial sample belongs to employee
(author).

  3. The exclusive right to official invention, official useful model or official industrial sample and right to receiving
patent belong to employer, unless otherwise is provided by labor or other contract between employee and employer.

   4. If the agreement about something different is absent in the contract between employee and employer (clause 2
of the present article), the employee must notify the employer in writing on creating in connection with executing his
labor duties or employer’s particular task such result, with which respect legal protection is possible.

   If the employer within four months from the day of notifying from his employee does not file the application for
granting patent to the corresponding official invention, official useful model or official industrial sample to the federal
executive body on intellectual property, transfer the right to receiving patent to official invention, official useful model
or official industrial sample to the other person or inform the employee about keeping information on the relative result
of intellectual activity in secret, the right to receiving patent to such invention, useful model or industrial sample
belongs to the employee. In this case the employer within the period of validity of patent is entitled to use official
invention, official useful model or official industrial sample in personal production on the terms of ordinary (non-
exclusive) license with paying compensation to the patent holder, which amount, terms and procedure of payment are
determined by the contract between employee and employer, and in case of dispute - by court.

   If the employer receives patent to official invention, official useful model or official industrial sample, or takes the
decision on keeping information about such invention, useful model or industrial sample in secret and informs the
employee about it, or transfers the right of receiving patent to the other person, or does not receive patent in
accordance with the application filed by him by the reasons, dependent on him, the employee has the right to reward.
The amount of reward, terms and procedure of its payment by the employer are determined by the contract between
him and employee, and in case of dispute - by court.

   The RF Government is entitled to fix minimum rates of reward for official inventions, official useful models, official
industrial samples.

   5. The invention, useful model and industrial sample, created by the employee using monetary, technical or other
material funds of the employer, but not in connection with executing his labor duties or employer’s particular task, are
not official ones. The right to receiving patent and exclusive right to such invention, useful model or industrial sample
belong to the employee. In this case the employer is entitled at his option to require granting to him gratuitous ordinary
(non-exclusive) license to using the created result of intellectual activity for personal needs for the whole period of
validity of the exclusive right or recovering costs, incurred by him in connection with creation of such invention, useful
model or industrial sample.



                 Article 1371. Invention, useful model or industrial sample created
                                  in executing works under contract

   1. When the invention, useful model or industrial sample are created in executing contract of work and labor for
executing scientific-research, experimental development or technological works that did not directly provide their
creation, the right to receiving patent and exclusive right to such invention, useful model or industrial sample belong to
contractor (executor), unless otherwise is provided by the contract between him and customer.

   Unless otherwise is provided by the contract, in this case the customer is entitled to use invention, useful model or
industrial sample, created by this way, for the purposes, for which achievement the corresponding contract was
concluded, on the terms of ordinary (non-exclusive) license within the whole period of validity of patent without paying
additional reward for this use. In transferring by the contractor (executor) the right to receiving patent or alienating
patent to the other person the customer preserves the right of using invention, useful model or industrial sample on
the mentioned terms.
   2. When in accordance with the contract between contractor (executor) and customer the right to receiving patent
or exclusive right to invention, useful model or industrial sample was transferred to the customer or the third party,
mentioned by him, the contractor (executor) is entitled to use the created invention, useful model or industrial sample
for personal needs on the terms of ordinary (non-exclusive) license within the whole period of validity of patent, unless
otherwise is provided by the contract.

  3. The reward is paid to the author of invention, useful model or industrial sample, not being patent holder,
mentioned in clause 1 of the present article, in accordance with clause 4 article 1370 of the present Code.



                           Article 1372. Industrial sample created by request

   1. When the industrial sample is created under the contract, which subject was its creation (by request), the right to
receiving patent and exclusive right to such industrial sample belong to the customer, unless otherwise is provided by
the contract between the contractor (executor) and customer.

   2. When the right to receiving patent and exclusive right to industrial sample in accordance with clause 1 of the
present article belong to the customer, the contractor (executor) is entitled to use such industrial sample for personal
needs on the terms of ordinary (non-exclusive) license within the whole period of validity of patent, since otherwise is
not provided by the contract.

   3. When in accordance with the contract between the contractor (executor) and customer the right to receiving
patent and exclusive right to industrial sample belong to the contractor (executor), the customer is entitled to use
industrial sample for personal needs on the terms of ordinary (non-exclusive) license within the whole period of validity
of patent.

   4. The reward is paid to the author of industrial sample, created by request, not being patent holder, in accordance
with clause 4 article 1370 of the present Code.



                  Article 1373. Invention, useful model, industrial sample created
                        in executing works under state or municipal contract

   1. The right to receiving patent and exclusive right to invention, useful model, industrial sample, created in
executing works under state or municipal contract for state or municipal needs, belong to the organization, performing
state or municipal contract (executor), unless the state or municipal contract provides that this right belongs to the RF,
the RF subject or municipal agency, on which behalf the state or municipal customer acts, or jointly to executor and
the RF, executor and the RF subject, executor and municipal agency.

  2. If in accordance with the state or municipal contract the right to receiving patent and exclusive right to invention,
useful model or industrial sample belong to the RF, the RF subject or municipal agency, the state or municipal
customer can file the application for granting patent within six months from the day of his written notice by the
executor on receiving result of intellectual activity, capable to legal protection as invention, useful model or industrial
sample. Unless within the mentioned period the state or municipal customer files the application, the right to receiving
patent belongs to the executor.

   3. If the right to receiving patent and exclusive right to invention, useful model or industrial sample on the basis of
state or municipal contract belong to the RF, the RF subject or municipal agency, the executor is obliged by
concluding the corresponding agreements with their employees and third parties to acquire all rights or provide their
acquisition for transferring correspondingly to the RF, the RF subject or municipal agency. At that the executor has the
right to recovery of expenses, incurred by him in connection with acquiring the corresponding rights from the third
parties.

  4. If the patent to invention, useful model or industrial sample, created in executing works under state or municipal
contract for state or municipal needs, does not belong in accordance with clause 1 of the present article to the RF, the
RF subject or municipal agency, the patent holder by request of the state or municipal customer is obliged to grant the
person, mentioned by him, gratuitous ordinary (non-exclusive) license to use invention, useful model or industrial
sample for state or municipal needs.
   5. If the patent to invention, useful model or industrial sample, created in executing works under state or municipal
contract for state or municipal needs, was received jointly in the name of the executor and the RF, executor and the
RF subject, or executor and municipal agency, the state or municipal customer is entitled to grant gratuitous ordinary
(non-exclusive) license to use such invention, useful model or industrial sample for the purposes of executing works or
making deliveries of production for state or municipal needs, having notified the executor about it.

   6. If the executor, received patent to invention, useful model or industrial sample in his name in accordance with
clause 1 of the present article, takes the decision on pre-term termination of validity of patent, he is obliged to notify
state or municipal customer about it and by his request to transfer patent on gratuitous basis to the RF, the RF subject
or municipal agency.

   In case of taking the decision on pre-term termination of validity of patent, received in accordance with clause 1 of
the present article for the RF, the RF subject or municipal agency, the state or municipal customer is obliged to notify
the executor about it and by his request to transfer patent on gratuitous basis.

  7. The reward is paid to the author of invention, useful model or industrial sample, not being patent holder,
mentioned in clause 1 of the present article, in accordance with clause 4 article 1370 of the present Code.



                                               § 5. Receiving patent



                    1. Application for granting patent, its change and revocation



                           Article 1374. Filing application for granting patent
                            to invention, useful model or industrial sample
  1. The application for granting patent to invention, useful model or industrial sample is filed to the federal executive
body on intellectual property by the person, possessing the right to receiving patent in accordance with the present
Code (applicant).

   2. The application for granting patent to invention, useful model or industrial sample is filed in Russian. Other
documents of the application are presented in Russian or other language. If the documents of the application are
presented in the other language, their translation into Russian is enclosed.

     3. The application for granting patent to invention, useful model or industrial sample is signed by the applicant, and
in case of filing application through patent attorney or other representative - by the applicant or his representative,
filing the application.

   4. The requirements to documents of the application for granting patent to invention, useful model or industrial
sample are established on the basis of the present Code by the federal executive body, exercising standard and legal
regulation in the sphere of intellectual property.

  5. The document, confirming payment of patent fee in the fixed amount, or the document, confirming the grounds of
exemption from paying patent fee, or decreasing its amount, or suspension of its payment, is enclosed to the
application for granting patent to invention, useful model or industrial sample.



                       Article 1375. Application for granting patent to invention

   1. The application for granting patent to invention (application for invention) must relate to one invention or group of
inventions, connected with each other to the extent that they compose single inventive plan (requirement of invention
unity).

  2. The application for invention must contain:
   1) application of granting patent indicating the author of invention and person, in whose name the patent is
requested, as well as place of residence or place of location of each of them;

  2) description of invention, revealing it in its entirety sufficient for performance;

  3) formula of invention, expressing its essence and based on its description fully;

  4) drawings and other materials, if they are necessary for understanding the essence of invention;

  5) report.

  2. The date of filing the request, containing the application for granting patent, description of invention and
drawings, to the federal executive body on intellectual property, is considered the date of filing the application to
invention, if there is a reference to them in the description, and if the mentioned documents are not presented
concurrently, - date of receiving the latest document.



                    Article 1376. Application for granting patent to useful model

   1. The application for granting patent to useful model (application for useful model) must relate to one useful model
or group of useful models, connected with each other to the extent that they compose single inventive plan
(requirement of useful model unity).

  2. The application for useful model must contain:

   1) application of granting patent indicating the author of useful model and person, in whose name the patent is
requested, as well as place of residence or place of location of each of them;

  2) description of useful model, revealing it in its entirety sufficient for performance;

  3) formula of useful model, expressing its essence and based on its description fully;

  4) drawings, if they are necessary for understanding the essence of useful model;

  5) report.

   2. The date of filing the request, containing the application for granting patent, description of useful model and
drawings, to the federal executive body on intellectual property, is considered the date of filing the application to useful
model, if there is a reference to them in the description, and if the mentioned documents are not presented
concurrently, - date of receiving the latest document.



                 Article 1377. Application for granting patent to industrial sample

   1. The application for granting patent to industrial sample (application for industrial sample) must relate to one
industrial sample or group of industrial samples, connected with each other to the extent that they compose single
inventive plan (requirement of industrial sample unity).

  2. The application for industrial sample must contain:

   1) application of granting patent indicating the author of industrial sample and person, in whose name the patent is
requested, as well as place of residence or place of location of each of them;

   2) set of the article’s images, giving full detailed presentation on the article’s appearance;
   3) drawing of the article’s general image, ergonomic scheme, building map, if they are necessary for understanding
the essence of industrial sample;

  4) description of industrial sample;
  5) list of essential attributes of industrial sample.

   2. The date of filing the request, containing the application for granting patent, set of the article’s images,
description of industrial sample and list of essential attributes of industrial sample, to the federal executive body on
intellectual property, is considered the date of filing the application to industrial sample, and if the mentioned
documents are not presented concurrently, - date of receiving the latest document.



                    Article 1378. Making changes in the document of application
                           for invention, useful model or industrial sample

   1. The applicant is entitled to make corrections and more precise definitions in documents of the application for
invention, useful model or industrial sample, as well as by presenting additional documents, before taking the decision
by this application on granting patent or rejection of granting patent, if these corrections and more precise definitions
do not change the essence of the stated invention, useful model or industrial sample.

   The additional materials change the essence of stated invention, useful model or industrial sample, if they contain
attributes that must be included in the formula of invention or useful model, undisclosed for the priority date in the
documents, served the ground for its establishment, as well as in the formula of invention or useful model, if for the
priority date the application contained the formula of invention or useful model.

     The additional materials change the essence of the stated industrial sample, if they contain attributes that must be
included in the list of essential attributes of industrial sample and being absent on the article’s images for the date of
filing the application.

  2. The changes of data about the applicant, as well as in transferring the right to receiving patent to the other
person or owing to change of the applicant’s name or designation, and corrections of obvious and technical errors can
be made in documents of the application before the registration of invention, useful model or industrial sample.

  3. If the changes in documents of the application were made on the applicant’s initiative within two months from the
day of filing the application, the patent fee is not charged for making changes.

   4. The changes, made by the applicant in documents of the application for invention, are taken into account in
publishing data on the application, if such changes are presented to the federal executive body on intellectual property
within twelve months from the day of filing the application.



            Article 1379. Transformation of application for invention or useful model

   1. Before publishing data on the application for invention (clause 1 article 1385), but not later than the date of
taking the decision on granting patent to invention the applicant is entitled to transform it in the application for useful
model by filing the corresponding application to the federal executive body on intellectual property, except for the case
when the application on the offer to conclude the contract on alienating patent is enclosed to the request, provided by
clause 1 article 1366 of the present Code.

   2. The transformation of the application for useful model in the application for invention is permitted before the date
of taking the decision on granting patent, and in case of taking the decision on rejection of granting patent - until the
possibility of making objection to this decision, provided by the present Code, is exhausted.

   3. In case of transforming the application for invention or useful model in accordance with clauses 1 and 2 of the
present article the priority of invention or useful model and date of filing the application are reserved.



  Article 1380. Withdrawal of application for invention, useful model or industrial sample

   The applicant is entitled to withdraw application for invention, useful model or industrial sample, filed by him, before
the registration of invention, useful model or industrial sample in the relative register.
                     2. Priority of invention, useful model and industrial sample



      Article 1381. Establishing priority of invention, useful model or industrial sample

   1. The priority of invention, useful model or industrial sample is established by the date of filing the application for
invention, useful model or industrial sample to the federal executive body on intellectual property.

   2. The priority of invention, useful model or industrial sample can be established by the date of receiving additional
materials, if they are drawn up by the applicant as independent application that is filed before the expiration of three-
month term from the day of receiving the notification by the applicant of the federal executive body on intellectual
property about impossibility to take into account additional materials in connection with considering them changing the
essence of the stated decision, and on condition that for the date of filing such independent application the
application, containing the mentioned additional materials, is not withdrawn and considered to be withdrawn.

   3. The priority of invention, useful model or industrial sample can be established by the date of filing by the same
applicant to the federal executive body on intellectual property earlier application, revealing this invention, useful
model or industrial sample, on condition that earlier application is not withdrawn and considered to be withdrawn for
the date of filing the application, by which such priority is requested, and the application, by which the priority is
requested, is filed within twelve months from the day of filing earlier application for invention and six months from the
day of filing earlier application for useful model or industrial sample.

  In filing the application, by which the priority is requested, earlier application is considered to be withdrawn.

   The priority can not be established by the date of filing the application, by which earlier priority has already been
requested.

     4. The priority of invention, useful model or industrial sample by the given application is established by the date of
filing by the same applicant to the federal executive body on intellectual property, revealing this invention, useful
model or industrial sample, an in presence of the right to establishing earlier priority by the original application - by the
date of this priority on condition that by the date of filing the given application the original application for invention,
useful model or industrial sample is not withdrawn and considered to be withdrawn, and the given application was filed
before the possibility of making objection to the decision on rejection of granting patent by the original application,
provided by the present Code, is exhausted, or before the date of registration of invention, useful model or industrial
sample, if the decision on granting patent was taken by the original application.

   5. The priority of invention, useful model or industrial sample can be established on the basis of several earlier filed
applications or additional materials to them in compliance with the terms, provided by clauses 2, 3 and 4 of the
present article and article 1382 of the present Code.



      Article 1382. Convention priority of invention, useful model and industrial sample
   1. The priority of invention, useful model or industrial sample can be established by the date of filing the first
application for invention, useful model or industrial sample in the member state of the Paris convention on protection
of industrial property (convention priority) on condition of filing the application for invention or useful model to the
federal executive body on intellectual property within twelve months from the mentioned date, and the application for
industrial sample - within six months from the mentioned date. If owing to the reasons, not depending on the applicant,
the application, by which the convention priority is requested, was not be able to be filed within the mentioned term,
this term can be prolonged by the federal executive body on intellectual property, but not later than two months.

   2. The applicant, wishing to make use of the right of convention priority with respect to the application for useful
model or industrial sample, must inform about it to the federal executive body on intellectual property before the
expiration of two months from the day of filing such application and present the certified copy of the first application,
mentioned in clause 1 of the present article, before the expiration of three months from the day of filing the application,
by which the convention priority is requested, to the mentioned federal body.
   3. The applicant, wishing to make use of the right of convention priority with respect to the application for invention,
must inform about it to the federal executive body on intellectual property and present the copy of the certified copy of
the first application to this federal body within sixteen months from the day of its filing to the patent agency of the
member state of Paris convention on protection of industrial property.

   If the certified copy of the first application is not presented within the mentioned term, nonetheless the priority right
can be recognized by the federal executive body on intellectual property by the applicant’s request, filed by him to this
federal executive body before the expiration of the mentioned term, on condition that the copy of the first application is
requested by the applicant in the patent agency to which the first application was filed, within fourteen months from
the day of filing the first application and presented to the federal executive body on intellectual property within two
months from the day of its receipt by the applicant.

   The federal executive body on intellectual property has the right to demand from the applicant to present translation
of the first application or invention into Russian only when the verification of validity the claim to priority of invention is
connected with establishing patentability of the stated invention.



                     Article 1383. Consequences of coincidence of priority dates
                            of invention, useful model and industrial sample

   1. If in the process of expertise it is established that different applicants have filed applications for identical
inventions, useful models or industrial samples and these applications have the same priority date, the patent to
invention, useful model or industrial sample can be granted only by one of these applications to the person,
determined by the agreement between applicants

   Within twelve months from the day of receiving the corresponding notice from the federal executive body on
intellectual property the applicants must inform to this federal body about the agreement made by them.

   While granting patent by one of applications all authors mentioned in it are considered co-authors with respect to
identical inventions, useful models or industrial samples.

   When the applications for identical inventions, useful models or industrial samples, having the same priority date,
are filed by the same applicant, the patent is granted by the application, chosen by the applicant. The applicant must
inform about his choice within the term and in the order that are provided by paragraph two of the present clause.

   If within the established term the mentioned report or petition on prolongation of the established term is arrived to
the federal executive body on intellectual property from applicants in the order, provided by clause 5 article 1386 of
the present Code, the applications are considered to be withdrawn.

   2. In case of coincidence of priority dates of invention or useful model, identical to it, with which respect the
applications for granting patents are filed by the same applicant, after granting patent by one of such applications
granting patent by the other application is possible only on condition of filing the application for ceasing the validity of
this patent to the federal executive body on intellectual property by the owner of earlier granted patent to identical
invention or identical useful model. In this case the validity of earlier granted patent is ceased from the day of
publishing data on granting patent by the other application in accordance with article 1394 of the present Code. The
data on granting patent to invention or useful model and data on ceasing validity of earlier granted patent are
published concurrently.



           3. Expertise of application for granting patent. Temporary legal protection
                         of invention, useful model or industrial sample



                      Article 1384. Formal expertise of application for invention
   1. By the application for invention, filed to the federal executive body on intellectual property, the formal expertise
is made, in which process the presence of documents, provided by clause 2 article 1375 of the present Code, are
examined, and their correspondence to the established requirements.

   2. When the additional materials are presented by the applicant to the application for invention, in accordance with
clause 1 article 1378 of the present Code it is examined whether they change the essence of the stated application.

  Additional materials concerning the part, changing the essence of the stated invention, are not taken into
consideration while considering the application for invention, but can be presented by the applicant as independent
application. The federal executive body on intellectual property notifies the applicant about it.

  3. The federal executive body on intellectual property notifies the applicant immediately after completing formal
expertise about positive result of formal expertise and date of filing the application for invention.

   4. If the application for invention does not correspond to the established requirements to documents of application,
the federal executive body on intellectual property sends the inquiry to the applicant with proposal within two months
from the day of receiving the inquiry by him to present revised or missing documents. If the applicant within the
established term does not present requested documents or file petition on prolonging this term, the application is
considered to be withdrawn. This term can be prolonged by the mentioned federal body, but not more than nine
months.

    5. If the application for invention was filed with violation of the requirement of invention unity (clause 1 article 1375),
the federal executive body on intellectual property proposes the applicant within two months from the day of receiving
the corresponding notice by him to inform which of the stated inventions must be considered, and in case of necessity
to make changes to documents of the application. Other inventions, stated in this application, can be drawn up as
selected applications. Unless the applicant within the established term informs which of the stated inventions should
be considered, and presents in case of necessity the corresponding documents, the invention, which was mentioned
first in the invention formula, is considered.



                     Article 1385. Publication of data on application for invention

   1. The federal executive body on intellectual property at the expiration of eighteen months from the day of filing the
application for invention, passed formal expertise with positive result, publishes in the official bulletin data on the
application for invention. The structure of published data is determined by the federal executive body, exercising
standard and legal regulation in the sphere of intellectual property.

   The author of invention is entitled to reject being mentioned as such in published data on the application for
invention.

   By the applicant’s request filed before the expiration of twelve months from the day of filing the application for
invention, the federal executive body on intellectual property can publish data on the application before the expiration
of eighteen months from the day of its filing.

   The publication is not made if before the expiration of twelve months from the day of filing the application for
invention it was withdrawn or considered to be withdrawn or the registration of invention occurred on its basis.

    2. Any person after publishing data on the application for invention is entitled to familiarize himself with documents
of the application, if the application is not withdrawn and considered to be withdrawn for the date of publishing data on
it. The procedure of familiarization with documents of the application and issue of copies of such documents is
established by the federal executive body, exercising standard and legal regulation in the sphere of intellectual
property.

   3. In case of publishing data on the application for invention that for the date of publication was withdrawn or
considered to be withdrawn such data are not included in the state of the art with respect to subsequent applications
of the same applicant filed to the federal executive body on intellectual property before the expiration of twelve months
from the day of publication of data on the application for invention.



                    Article 1386. Expertise of application for invention in essence
   1. By the applicant’s or third parties’ request that can be filed to the federal executive body on intellectual property
in filing the application for invention or within three years from the day of filing such application and on condition of
completing formal expertise of this application with positive result the expertise of application for invention in essence
is made. The federal executive body on intellectual property notifies the applicant about received petitions of the third
parties.

   The term of filing the petition on making expertise of application for invention in essence can be prolonged by the
federal executive body on intellectual property by the applicant’s petition, filed before the expiration of this term, but
not more than two months on condition of presenting the document, confirming the payment of patent fee, together
with the petition.

   If the petition on making expertise of application for invention in essence was not filed within the established term,
the application is considered to be withdrawn.

  2. The expertise of application for invention in essence includes:

  information search with respect to the state invention for defining the state of art, in comparison with which the
evaluation of novelty and inventive level of invention will be made;

   examination of correspondence of the stated invention to conditions of patentability, provided by article 1350 of the
present Code.

   The information search with respect to the stated invention, relating to objects, mentioned in clause 4 article 1349
and clauses 5 and 6 article 1350 of the present Code, is not made, about what the federal executive body on
intellectual property notifies the applicant before the expiration of six months till the day of commencing expertise of
the application for invention in essence.

  The procedure of making informational search and presenting report about it is established by the federal executive
body, exercising standard and legal regulation in the sphere of intellectual property.

  3. At the expiration of six months from the day of commencing expertise of the application for invention in essence
the federal executive body on intellectual property sends the report to the applicant about informational search, unless
by such application earlier priority than the date of filing the application is requested, and if the petition on making
expertise of the application for invention in essence is filed in filing the application.

   The term of sending the report to the applicant on informational search can be prolonged by the federal executive
body on intellectual property, if the necessity of inquiry of informational source in other organizations, being absent in
the funds of the mentioned federal body, was revealed or the stated invention is characterized by such a way that this
makes impossible to make informational search in the established order. The mentioned federal body notifies the
applicant on prolonging the term of sending the report on informational search and reasons of its prolongation.

   4. The applicant and third parties have the right to solicit for making informational search by the application for
invention, passed formal expertise with positive result, for determining the state of art, in comparison with which the
estimation of novelty and inventive level of the stated invention. The procedure and terms of making such
informational search and presenting data on its results are established by the federal executive body, exercising
standard and legal regulation in the sphere of intellectual property.

    5. While making expertise of the application for invention in essence the federal executive body on intellectual
property can request additional materials from the applicant (including changed formula of invention) without which it
is impossible to make expertise. In this case additional materials without changing the essence of invention must be
presented within two months from the day of receiving inquiry by the applicant or copies of materials, opposed to the
application, on condition that the applicant has inquired the stated copies within the month from the day of receiving
by him the request of the mentioned federal body. If the applicant within the established term presents the requested
materials or files the petition on prolonging this term, the application is considered to be withdrawn. The term,
established for presenting the requested materials by the applicant, can be prolonged by the mentioned federal body
for not more than ten months.



      Article 1387. Decision on granting patent to invention or rejecting of its granting
   1. If as a result of expertise of the application for invention in essence it was established that the stated invention,
expressed by the formula, suggested by the applicant, corresponds to the terms of patentability, provided by article
1350 of the present Code, the federal executive body on intellectual property takes the decision on granting patent to
invention with this formula. The priority date of invention is indicated in the decision.

   If while making expertise of the application for invention in essence it was established that the stated invention,
expressed by the formula, suggested by the applicant, does not correspond to the terms of patentability, provided by
article 1350 of the present Code, the federal executive body on intellectual property takes the decision on rejecting of
granting patent.

   Before taking the decision on granting patent to invention or rejecting of granting patent the federal executive body
on intellectual property sends the notification to the applicant on results of verification of patentability of the stated
invention with the proposal to present his reasons by the grounds given in the notification. The applicant’s reasons are
taken into account in taking the decision if they are presented within six months from the day of receiving the
notification by him.

   2. The application for invention is considered to be withdrawn in accordance with provisions of the present chapter
on the basis of the decision of the federal executive body on intellectual property, except for the case when it is
withdrawn by the applicant.

   3. The decisions of the federal executive body on intellectual property on rejecting of granting patent to invention,
on granting patent to invention or on considering the application for invention to be withdrawn can be disputed by the
applicant by filing the objection to the chamber of patent disputes within six months from the day of receiving the
decision by him or requested copies of materials from the mentioned federal body, opposed to the application and
stated in the decision on rejecting of granting patent, on condition that the applicant has requested copies of these
materials within two months from the day of receiving the decision taken by the application for invention.



            Article 1388. Applicant’s right to familiarize himself with patent materials
   The applicant is entitled to familiarize himself with all materials relating to patenting of inventions to which there is a
reference in inquiries, reports, decisions, notices or other documents, received by him from the federal executive body
on intellectual property. The copies of patent materials, requested by the applicant in the mentioned federal body, are
sent to him within the month from the day of receiving the request.



                         Article 1389. Renewal of missed terms connected with
                              making expertise of application for invention

     1. The basic or prolonged term of presenting documents or additional materials, missed by the applicant, by the
request of the federal executive body on intellectual property (clause 4 article 1384 and clause 5 article 1386), the
term of filing the petition on making expertise of application for invention in essence (clause 1 article 1386) and term of
filing the objection to the chamber of patent disputes (clause 3 article 1387) can be renewed by the mentioned federal
body on condition that the applicant will present evidence of validity of reasons by which the term was not observed
and the document, confirming the payment of patent fee.

  2. The petition on recovery of the missed term can be filed by the applicant within twelve months from the day of
expiring the established term. The petition is filed to the federal executive body on intellectual property concurrently:

   with documents or additional materials for which presentation it is necessary to recover the term or with petition on
prolonging the term of presenting these documents or materials;

   or with petition on making expertise of the application for invention in essence;

   or with objection to the chamber of patent disputes.



                         Article 1390. Expertise of application for useful model
   1. The expertise is made by the application for useful model, received by the federal executive body on intellectual
property, during which the presence of documents, provided by clause 2 article 1376 of the present Code, are
examined, their correspondence to the established requirements and compliance with the requirement of unity of
useful model (clause 1 article 1376), as well as it is established whether the stated decision is related to technical
decisions, protected as useful model.

   The correspondence of the stated useful model to the terms of patentability, provided by clause 1 article 1351 of
the present Code, is not examined during the expertise.

   The provisions, established by clauses 2, 4 and 5 article 1384, clauses 2 and 3 article 1387, articles 1388 and 1389
of the present Code, are correspondingly applied while making expertise of the application for useful model.

   2. The applicant and third parties have the right to solicit for making informational search with respect to the stated
useful model for determining the state of art, in comparison with which the patentability of useful model can be
estimated. The procedure and terms of making informational search and presenting data on its results are established
by the federal executive body, exercising standard and legal regulation in the sphere of intellectual property.

   3. If in the formula of useful model, suggested by the applicant, there are signs, being absent for the date of filing
the application in the description of useful model, and signs, being absent in the formula of useful model (if the
application for useful model for the date of its filing contained such formula), the federal executive body on intellectual
property sends the inquiry to the applicant with proposal to exclude the mentioned signs from the formula.

   4. If as a result of expertise of the application for useful model it was established that the application is filed
technical decision, protected as useful model, and documents of the application correspond to the established
requirements, the federal executive body on intellectual property takes the decision on granting patent with the
indication of the date of filing the application for useful model and established priority.

   If as a result of expertise it was established that the application for useful model was filed to the decision, not
protected as useful model, the federal executive body on intellectual property takes the decision on rejecting of
granting patent to useful model.

   5. When in considering in the federal executive body on intellectual property the application for useful model it was
established that the data included in it have state secret, the documents of the application are kept secret in the order,
established by the legislation on state secret. At that the applicant is informed on the possibility to withdraw the
application for useful model or its transformation into the application for secret invention. The consideration of such
application is suspended till receiving the corresponding application from the applicant or till declassifying the
application.



                      Article 1391. Expertise of application for industrial sample

   1. The formal expertise is made by the application for industrial sample, received by the federal executive body on
intellectual property, during which the presence of documents, provided by clause 2 article 1377 of the present Code,
are examined, and their correspondence to the established requirements.

   In case of positive result of the formal expertise the expertise of the application for industrial sample in essence that
includes the examination of correspondence of the stated industrial sample to the terms of patentability, established
by article 1352 of the present Code.

   2. The provisions, provided by clauses 2-5 article 1384, clause 5 article 1386, clause 3 article 1387, articles 1388
and 1389 of the present Code, are correspondingly applied while making formal expertise of the application for
industrial sample and expertise of this application in essence.



                         Article 1392. Temporary legal protection of invention

  1. The temporary legal protection is provided to invention on which the application is filed to the federal executive
body on intellectual property from the day of publishing data on application (clause 1 article 1385) till the date of
publishing data on granting patent in the amount of published formula of invention, but not more than in the amount,
defined by the formula, contained in the decision of the mentioned federal body on granting patent to invention.

  2. The temporary legal protection is not considered to be occurred, if the application for invention was withdrawn or
considered to be withdrawn or the decision was taken by the application for invention on rejection of granting patent
and possibility of making objection to this decision, provided by the present Code, is exhausted.

  3. The person, using the stated invention within the period, mentioned in clause 1 of the present article, pays the
patent holder monetary compensation after receiving patent by him. The amount of compensation is fixed by parties’
agreement, and in case of dispute - by court.



      4. Registration of invention, useful model, industrial sample and granting patent



            Article 1393. Procedure of state registration of invention, useful model,
                             industrial sample and granting patent
   1. On the basis of the decision on granting patent to invention, useful model, industrial sample the federal executive
body on intellectual property enters invention, useful model or industrial sample in the corresponding state register -
the RF State register of inventions, the RF State register of useful models and the RF State register of industrial
samples and grants patent to invention, useful model or industrial sample.

  If the patent was requested in the name of several persons, one patent is granted to them.

   2. The state registration of invention, useful model or industrial sample and granting patent are realized on
condition of paying the corresponding patent fee. If the document, confirming the payment of patent fee, was not
presented by the applicant in the established order, the registration of invention, useful model or industrial sample and
granting patent are not realized, and the corresponding application is considered to be withdrawn.

   3. The form of patent to invention, useful model, industrial sample and structure of data indicated in it are
established by the federal executive body, exercising standard and legal regulation in the sphere of intellectual
property.

   4. The federal executive body on intellectual property makes corrections of evident and technical mistakes in the
granted patent to invention, useful model or industrial sample and (or) in the corresponding state register.

  5. The federal executive body on intellectual property publishes in the official bulletin data on any changes of
entries in state registers.



                          Article 1394. Publication of data on granting patent
                             to invention, useful model, industrial sample

   1. The federal executive body on intellectual property publishes in the official bulletin data on granting patent to
invention, useful model or industrial sample, including author’s name (unless the author rejected to be mentioned as
such), patent holder’s name or designation, name and formula of invention or useful model or list of essential signs of
industrial sample and its image.

   The federal executive body, exercising standard and legal regulation in the sphere of intellectual property, defines
the structure of published data.

   2. After publishing in accordance with the present article data on granting patent to invention, useful model or
industrial sample any person is entitled to familiarize with documents of the application and report on informational
search.
   The procedure of familiarizing with documents of the application and report on informational search is established
by the federal executive body, exercising standard and legal regulation in the sphere of intellectual property.



             Article 1395. Patenting of inventions or useful models in foreign states
                                and in international organizations

   1. The application for granting patent to invention or useful model, created in the RF, can be filed in the foreign
state or international organization at the expiration of six months from the day of filing the relative application to the
federal executive body on intellectual property, if within the mentioned term the applicant is not informed that the data,
having state secret, are included in the application. The application for invention or useful model can be filed earlier
then the mentioned term, but after making upon the applicant’s request examination of presence in the application of
data, having state secret. The procedure of making such examination is established by the RF Government.

   2. The patenting in accordance with the Agreement on patent cooperation or Eurasian patent convention of
invention or useful model, created in the RF, is permitted without preliminary filing of the relative application to the
federal executive body on intellectual property, if the application in accordance with the Agreement on patent
cooperation (international application) was filed to the federal executive body on intellectual property as to the
receiving agency and the RF is indicated in it as the state in which the applicant intends to receive patent, and the
Eurasian application was filed through the federal executive body on intellectual property.



     Article 1396. International and Eurasian applications having force of applications,
                                provided by the present Code

   1. The federal executive body on intellectual property starts considering international application to invention or
useful model, filed in accordance with the Agreement on patent cooperation in which the RF is indicated as the state
in which the applicant intends to receive patent to invention or useful model, at the expiration of thirty one months from
the day of priority, requested in the international application. Upon the applicant’s request the international application
is considered before the expiration of this term on condition that the application was filed in Russian or the applicant
presented to the federal executive body on intellectual property translation into Russian of the application on granting
patent to invention or useful model, included in the international application, filed in the other language.

   The presentation to the federal executive body on intellectual property of translation into Russian of the application
on granting patent to invention or useful model, included in the international application, can be replaced by the
presentation of the application on granting patent, provided by the present Code.

  If the mentioned documents are not presented within the established term, the validity of the international
application with respect to the RF is ceased in accordance with the Agreement on patent cooperation.

  The term, provided by clause 3 article 1378 of the present Code for making changes in documents of the
application, is calculated from the day of starting considering the international application by the federal executive
body on intellectual property in accordance with the present Code.

   2. The Eurasian application for invention, having in accordance with the Agreement on patent cooperation force of
the application for invention, provided by the present Code, is considered beginning with the day when the federal
executive body on intellectual property received certified copy of the Eurasian application from the Eurasian patent
agency. The term, provided by clause 3 article 1378 of the present Code for making changes in documents of the
application, is calculated from the same date.

   3. The publication in Russian of the international application by the International agency of the World organization
of intellectual property in accordance with the Agreement on patent cooperation or publication of the Eurasian
application by the Eurasian patent agency in accordance with the Eurasian patent convention replaces publication of
data, provided by article 1385 of the present Code.



             Article 1397. Eurasian patent and the RF patent to identical inventions
  1. When the Eurasian patent and the RF patent to identical inventions or identical invention and useful model,
having the same priority date, belong to different patent holders, such inventions or invention and useful model can be
used only in compliance with rights of all patent holders.

   2. If the Eurasian patent and the RF patent to identical inventions or identical invention and useful model, having
the same priority date, belong to the same person, this person can present any person the right of using such
inventions or invention and useful model by license contracts, concluded on the basis of these patents.



                            § 6. Termination and recovery of patent’s validity



    Article 1398. Declaring patent to invention, useful model or industrial sample invalid

    1. The patent to invention, useful model or industrial sample within the period of its validity can be declared invalid
fully or partially in cases of:

   1) non-correspondence of invention, useful model or industrial sample to the terms of patentability, established by
the present Code;

   2) presence in the formula of invention or useful model or in the list of essential signs of industrial sample, that are
included in the decision on granting patent, the signs, being absent for the date of filing the application in the
description of invention or useful model and in the formula of invention or useful model (if the application for invention
or useful model for the date of its filing contained such formula) or in the article’s images;

  3) granting patent in presence of several applications to identical inventions, useful models or industrial samples,
having the same priority date, with violating the terms, provided by article 1383 of the present Code;

   4) granting patent with indicating in it as the author or patent holder the person, not being such in accordance with
the present Code, or without indicating in the patent as the author or patent holder the person, being such in
accordance with the present Code.

  2. Granting patent to invention, useful model or industrial sample can be disputed in court order by any person who
has known about violations, provided by subparagraphs 1-3 clause 1 of the present article, by making objection to the
chamber of patent disputes.

  Granting patent to invention, useful model or industrial sample can be disputed in court order by any person who
has known about violations, provided by subparagraph 4 clause 1 of the present article.

   3. The patent to invention, useful model or industrial sample is declared invalid fully or partially on the basis of the
decision of the federal executive body on intellectual property, taken in accordance with clauses 2 and 3 article 1248
of the present Code, or court decision that has come into legal force.

  In case of declaring patent invalid partially to invention, useful model or industrial sample the new patent is granted.

  4. The patent to invention, useful model or industrial sample, declared invalid fully or partially, is cancelled from the
day of filing the application for patent.

  The license contracts, concluded on the basis of patent that was later declared invalid, are valid to that extent in
which they were performed by taking decision on the patent’s invalidity.

   5. The declaration of patent invalid means cancellation of the decision of the federal executive body on intellectual
property on granting patent to invention, useful model or industrial sample (article 1387) and cancellation of entry on
the corresponding state register (clause 1 article 1393).



                           Article 1399. Early termination of validity of patent
                            to invention, useful model or industrial sample
  The validity of patent to invention, useful model or industrial sample is terminated ahead of time:

   on the basis of the petition, filed by the patent holder to the federal executive body on intellectual property, - from
the day of receiving the petition. If the patent was granted to the group of inventions, useful models or industrial
samples, and the patent holder’s application was not filed with respect of all patent rights, included in the group of
objects, the validity of patent is terminated only with respect to inventions, useful models or industrial samples,
indicated in the application;

  on non-payment in the established term patent fee for remaining patent to invention, useful model or industrial
sample valid - from the day of expiring the established term for payment of patent fee for remaining patent invalid.



              Article 1400. Recovery of patent’s validity to invention, useful model
                             or industrial sample. Right of after-use

   1. The validity of patent to invention, useful model or industrial sample that was terminated in connection with the
fact that the patent fee for remaining patent invalid was not paid in the established term, can be recovered by the
federal executive body on intellectual property upon the petition of the person whom the patent belonged. The petition
on recovering the patent’s validity can be filed to the mentioned federal body within three years from the day of
expiring the term of paying patent fee, but before the expiration of the term of the patent’s validity, provided by the
present Code. The document, confirming payment of the patent fee in the fixed amount for recovering the patent’s
validity, must be enclosed to the petition.

  2. The federal executive body on intellectual property publishes in the official bulletin data on recovering the
patent’s validity to invention, useful model or industrial sample.

    3. The person who within the period between the date of terminating the patent’s validity to invention, useful model
or industrial sample and date of publishing in the official bulletin of the federal executive body on intellectual property
data on recovering the patent’s validity to invention, useful model or industrial sample has started using invention,
useful model or industrial sample or made necessary preparations within the mentioned period, reserves the right to
its further gratuitous use without expanding the volume of such use (right of after-use).



                 § 7. Peculiarities of legal protection and use of secret inventions



  Article 1401. Filing and considering application for granting patent to secret invention

  1. The application for granting patent to secret invention (application for secret invention) is filed and considered in
compliance with the legislation on state secret.

   2. The applications for secret inventions, for which the degree of secrecy of “special importance” or “top secret” is
established, as well as to secret inventions that are related to means of armament and military technique and methods
and means in the field of intelligence, counterintelligence and operative-searching activity and for which the degree of
secrecy of “secretly” is established, are filed depending on their subject belonging to federal executive bodies, the
State corporation on nuclear energy "Rosatom" authorized by the RF Government (authorized bodies). The
applications for other secret inventions are filed to the federal executive body on intellectual property (clause has been
added since 5 December 2007 by the Federal Act N 318-FZ of 1 December 2007)

   3. If in considering the application for invention by the federal executive body on intellectual property it is
established that the data containing in it have state secret, such application is kept secret in the order, established by
the legislation on state secret, and considered the application for secret invention.

  It is not permitted to keep the application, filed by the foreign citizen or foreign legal person, secret.
   4. The provisions of articles 1384, 1386-1389 of the present Code are correspondingly applied while considering
the application for secret invention. The data on such application in this case are not published.

   5. While establishing the novelty of secret invention secret inventions, patented in the RF, are also included in the
level of technique (clause 2 article 1350) on condition of their earlier priority and secret inventions on which the USSR
author’s certificates are granted, if the degree of secrecy for these inventions is established not higher than the degree
of secrecy of the invention, which novelty is established.

  6. The objection to the decision, taken upon the application for secret invention by the authorized body, is
considered in the order, established by it. The decision taken upon such objection can be disputed in court.

  7. The provisions of article 1379 of the present Code on transforming the application for invention into the
application for useful model are not applied to applications for secret inventions.



          Article 1402. State registration of secret invention and granting patent to it.
                             Distribution of data on secret invention

   1. The state registration of secret invention in the RF State register of inventions and granting patent secret
invention are made by the federal executive body on intellectual property or, if the decision on granting patent to
secret invention was taken by the authorized body, - by this body. The authorized body, registered secret invention
and granted patent to secret invention, notifies the federal executive body on intellectual property about it.

   The authorized body, registered secret invention and granted patent to it, makes changes, connected with
correction of obvious and technical errors, into the patent to secret invention and (or) the RF State register of
inventions.

   2. The data on applications and patents to secret inventions, as well as on changes in the RF State register of
inventions, relating to secret inventions, are not published. The data on such patents are transferred in accordance
with the legislation on state secret.



         Article 1403. Change of degree of secrecy and declassification of inventions

   1. The change of the degree of secrecy and declassification of inventions, as well as change and removal of
secrecy from documents of the application and patent to secret invention are realized in the order, established by the
legislation on state secret.

   2. In increasing the degree of secrecy of invention the federal executive body on intellectual property passes
documents of the application for secret invention depending on their subject belonging to the corresponding
authorized body. The further consideration of the application, which consideration by the time of increasing the degree
of secrecy has not been completed by the mentioned federal body, is realized by the authorized body. In decreasing
the degree of secrecy of invention the further consideration of the application for secret invention is considered by the
same authorized body that has considered the application before.

   3. In declassifying the invention the federal body passes available declassified documents of the application for
invention to the federal executive body on intellectual property. The further consideration of the application, which
consideration by the time of declassification has not been completed by the authorized body, is realized by the
mentioned authorized body



                      Article 1404. Declaring patent to secret invention invalid

   The objection to granting patent to secret invention by the authorized body on the grounds, provided in
subparagraphs 1-3 clause 1 article 1398 of the present Code, is filed to the authorized body and considered in the
order, established by it. The decision of the authorized body, taken upon the objection, is approved by the chief of this
body, comes into force from the day of its approval and can be disputed in court.
                             Article 1405. Exclusive right to secret invention

   1. The use of secret invention and disposal of the exclusive right to secret invention is exercised in compliance with
the legislation on state secret.

   2. The contract on alienating patent, as well as license contract on using secret invention is subject to registration
in the body, granted patent to secret invention, or his assignee, and in the assignee’s absence - in the federal
executive body on intellectual property.

   3. With respect to secret invention the public offer to conclude contract on alienating patent and application on
open license are not permitted, provided correspondingly by clause 1 article 1366 and clause 1 article 1368 of the
present Code.

   4. The compulsory license with respect to secret invention, provided by article 1362 of the present Code, is not
granted.

    5. The actions, provided by article 1359 of the present Code, as well as use of secret invention by the person who
has not known or could not know on legal grounds about presence of patent to this invention, are not violation of the
patent holder’s exclusive right to secret invention. After declassifying invention or notification of the mentioned person
by the patent holder about presence of patent to this invention this person must terminate to use invention or conclude
license contract with the patent holder, except for the case when the right of after-use has occurred.

  6. The charge of the exclusive right to secret invention is not permitted.



                         § 8. Protection of authors’ and patent holders’ rights



                Article 1406. Disputes, connected with protection of patent rights

  1. The disputes, connected with protection of patent rights, are considered by court. These disputes include, in
particular, disputes:

  1) on the authorship of invention, useful model or industrial sample;

  2) on determining patent holder;

  3) on violating the exclusive right to secret invention, useful model or industrial sample;

  4) on concluding, executing, changing and terminating contracts on transferring the exclusive right (alienation of
patent) and license contacts on using invention, useful model or industrial sample;

  5) on the right of prior use;

  6) on the right of after-use;

   7) on the amount, term and procedure of paying reward to the author of invention, useful model or industrial sample
in accordance with the present Code;

  8) on the amount, term and procedure of paying compensations, provided by the present Code.

   2. In the cases, mentioned in articles 1387, 1390, 1391, 1398, 1401 and 1404 of the present Code, patent rights
are protected in administrative order in accordance with clauses 2, 3 article 1248 of the present Code.
                   Article 1407. Publication of court decision on violating patent

   The patent holder is entitled in accordance with subparagraph 5 clause 1 article 1252 of the present Code to
demand publication in the official bulletin of the federal executive body on intellectual property of the court decision on
unlawful use of invention, useful model, industrial sample or other infringement of his rights.



                                Chapter 73. Right to selective achievement



                                               § 1. Basic provisions



                              Article 1408. Rights to selective achievements

   1. The following intellectual rights belong to the author of selective achievement, meeting the conditions of granting
legal protection, provided by the present Code (selective achievement):

  1) exclusive right;

  2) authorship’s right.

   2. In the cases, provided by the present Code, other rights also belong to the author of selective achievement,
including right to granting patent, right to name of selective achievement, right to reward for using official selective
achievement.



    Article 1409. Validity of exclusive right to selective achievements on the RF territory

   The exclusive right to selective achievement, certified by the patent issued by the federal executive body on
selective achievements, or patent, having force on the RF territory in accordance with the RF international
agreements, is recognized on the RF territory.



                              Article 1410. Author of selective achievement

  The selectionist - citizen, whose creative labor the selective achievement was created, raised or revealed, is
considered the author of selective achievement. The person, mentioned as the author in the application for granting
patent to selective achievement, is considered the author of selective achievement, unless otherwise is proved.



                           Article 1411. Co-authors of selective achievement

  1. The citizens, whose creative labor the selective achievement was created, raised or revealed, are considered
coauthors.

  2. Each co-author is entitled to use selective achievement at his discretion, unless otherwise is provided by the
agreement between them.

  3. The rules of clause 3 article 1229 of the present Code are correspondingly applied to relations of co-authors,
connected with distributing revenues from using selective achievement and disposing the exclusive right to selective
achievement.
  The right to granting patent to selective achievement is disposed by co-authors jointly.

  4. Each co-author is entitled to take measures to protect his rights independently.



                Article 1412. Object of intellectual rights to selective achievements

   1. Objects of intellectual rights to selective achievements are sorts of plants and species of animals, registered in
the State register pf protected selective achievements, if these results of intellectual activity meet requirements to
such selective achievements, established by the present Code.

  2. The sort of plant is a group of plants that irrespective of protectability is determined by the attributes,
characterizing this genotype or combination of genotypes, and different from other groups of plants of the same
botanic taxon by one or several attributes.

  The sort can be presented by one or several plants, part or several parts of plant on condition that such part or
such parts can be used for reproducing entire plants of the sort.

  The clone, line, hybrid of the first generation, population are protected categories of the sort of plants.

   3. The species of animals is a group of animals that irrespective of protectability possesses genetically modified
biological and morphological properties and attributes, moreover some of them are specific for this group and
distinguish it from other groups of animals. The species can be presented by female or male type or pedigree
material, that is intended for reproducing species by animals (pedigree animals), their gametes or zygotes (embryos).

  The type, cross line are protected categories of the species of animals.



                   Article 1413. Terms of protectability of selective achievement

   1. The patent is granted to selective achievement, meeting criteria of protectability and related to botanic and
zoological kinds and types, whose list is established by the federal executive body, exercising standard and legal
regulation in the sphere of agriculture.

   2. The criteria of protectability of selective achievement are novelty (clause 3 of the present article),
distinguishability (clause 4 of the present article), homogeneity (clause 5 of the present article) and stability (clause 6
of the present article).

   3. The sort of plants and species of animals are considered new, if for the date of filing the application for granting
patent the seed or pedigree material of this selective achievement were not sold and otherwise transferred to
selectionists, his assignees or with their consent to other persons for using selective achievement:

  1) on the RF territory earlier than one year before the mentioned date;

   2) on the territory of other state earlier than four years or if it concerns types of grapes, wood decorative, wood fruit
cultures and wood types, earlier than six years before the mentioned date;

   4. The selective achievement can clearly be different from any other well-known selective achievement, existing by
the period of filing the application for granting patent.

   The well-known selective achievement is selective achievement, data about which are in official catalogues or
reference fund or which has exact description in one of publications.

  Filing the application for granting patent also makes selective achievement well-known from the day of filing the
application on condition that the patent was granted to selective achievement

  5. The plants of one sort, animals of one species must be rather homogeneous by their attributes taking into
consideration certain deviations that can occur in connection with peculiarities of reproduction.
   6. The selective achievement is considered stable, if its basic attributes remain invariable after repeated
reproduction or in case of special circle of reproduction - at the end of each circle of reproduction.



                       Article 1414. State registration of selective achievement

   The exclusive right to selective achievement is recognized and projected on condition of state registration of
selective achievement in the State register of protected selective achievements, in accordance with which the federal
executive body on selective achievements grants patent to selective achievement to the applicant.



                              Article 1415. Patent to selective achievement

   1. The patent to selective achievement certifies the priority of selective achievement, authorship and exclusive right
to selective achievement.

   2. The amount of protecting exclusive rights to selective achievement, granted on the basis of patent, is determined
by the aggregate of essential attributes, fixed in description of selective achievement.



                                       Article 1416. Author’s certificate

  The author of selective achievement has the right to receiving author’s certificate that is granted by the federal
executive body on selective achievements and certifies authorship.



       Article 1417. State stimulation of creating and using of selective achievements

   The state stimulates creation and use of selective achievements, grants them to authors, as well as other holders
of exclusive right to selective achievement (patent holders) and licenses, using selective achievements, benefits in
accordance with the RF legislation.



                            § 2. Intellectual rights to selective achievements



                      Article 1418. Authorship’s right to selective achievement

   The authorship’s right, that is right to be recognized the author of selective achievement, is inalienable and non-
transferable, as well as in giving to another person or transferring him the exclusive right to selective achievement and
in granting the right of its use to another person. The renunciation of this right is void.



                         Article 1419. Right to name of selective achievement

  1. The author has the right to name of selective achievement.

   2. The name of selective achievement must permit to identify selective achievement, be brief, differ from names of
existing selective achievements of the same or close botanic or zoological kind. It must not consist of only figures,
mislead in respect of properties, origin, value of selective achievement, his author’s personality, must not conflict with
principles of humanity and morality.
     3. The name of selective achievement suggested by the author or with his consent by the other person (applicant),
filing the application for granting patent, must be approved by the federal executive body on selective achievements.

  If the suggested name does not meet the requirements, established by clause 2 of the present article, the applicant
upon the mentioned federal body’s request is obliged to suggest another name within thirty days.

   Unless before expiring the mentioned period the applicant suggests another name, corresponding to the mentioned
requirements, or disputes renunciation in approving the name of selective achievement in court order, the federal
executive body on selective achievements is entitled to reject registration of selective achievement.



                  Article 1420. Right to taking out patent to selective achievement

   1. The right to taking out patent to selective achievement initially belongs to the author of selective achievement.

   2. The right to taking out patent to selective achievement can pass to another person (assignee) or be transferred
to him in the cases and on the grounds that are established by law, as well as in the order of universal succession, or
by contract, in particular, by labor contract.

  3. The contract on alienating the right to taking out patent to selective achievement must be concluded in writing.
Non-compliance with the written form results in invalidity of the contract.

  4. Unless otherwise is established by the agreement of parties to the contract on alienating the right to taking out
patent to selective achievement, the acquirer of the right takes the risk of non-protectability.



                         Article 1421. Exclusive right to selective achievement

   1. The exclusive right to using selective achievement belongs to patent holder in accordance with article 1229 of
the present Code by the ways, mentioned in clause 3 of the present article. The patent holder can dispose of the
exclusive right to selective achievement.

    2. The exclusive right to selective achievement also covers vegetable material, that is plant or its part, used for the
purposes, different from purposes of reproducing sort, commodity animals, that is animals, used for the purposes,
different from purposes of reproducing species, that were obtained correspondingly from seed or from pedigree
animals, if such seed or pedigree animals were put into civil circulation without the patent holder’s permission. At that
by seed is meant plant or its part, used for reproducing sort.

  3. The exercise of the following activities with seed and pedigree material of selective achievement is considered
use of selective achievement:

   1) production and reproduction;

   2) bringing to sowing conditions for further reproduction;

   3) offer to sale;
   4) sale and other methods of putting into civil circulation;

   5) export from the RF territory;

   6) import to the RF territory;

   7) storage for the purposes, mentioned in subparagraphs 1-6 of the present clause.

   4. The exclusive right to selective achievement also covers seed, pedigree material that:

  essentially inherit attributes of other protected (initial) sort of plants or species of animals, if these protected sort or
species are not themselves selective achievements, essentially inheriting attributes of other selective achievements;
  vaguely different from protected sort of plants or species of animals;

  demand repeated use of protected sort of plants for producing seed.

    The selective achievement is considered selective achievement essentially inheriting attributes of other protected
(initial) selective achievement that in obvious difference with the initial:

  inherits the most essential attributes of the initial selective achievement or selective achievement that inherits itself
essential attributes of the initial selective achievement, at that saving basic attributes, reflecting genotype or
combination of genotypes of the initial selective achievement;

   corresponds with genotype or combination of genotypes of the initial selective achievement, except for deviations
caused by applying such methods as individual selection from initial sort of plants, pedigree of animals, selection of
induced mutant, becross, genetic engineering.



    Article 1422. Actions not being violation of exclusive right to selective achievement

  The following are not violation of the exclusive right to selective achievement:

   1) actions committed for satisfying personal, family, domestic or other needs that are not connected with business
activity, if obtaining profit or revenue is not the purpose of such actions;

  2) actions committed in scientific-research or experimental purposes;

   3) use of protected selective achievement as initial material for creating other sorts of plants and species of
animals, as well as actions with respect to these created sorts and species, mentioned in clause 3 article 1421 of the
present Code, except for the cases, provided by clause 4 article 1421 of the present Code;

   4) use of vegetable material received in industry within two years as seed for growing on the territory of this
industry sort of plants from among plants, which list of kinds and types is established by the RF Government;

  5) reproduction of commodity animals for their use in this industry;

   6) any actions with seed, vegetable material, pedigree material and commodity animals that were put into civil
circulation by patent holder or by another person with his consent, except:

  further reproduction of sort of plants and species of animals;

   export from the RF territory vegetable material or commodity animals, permitting to reproduce sort of plants or
species of animals to the state in which this kind or type is not protected, except for export for the purposes of
processing for further consumption.


                     Article 1423. Compulsory license to selective achievement

    1. At the expiration of three years from the day of granting patent to selective achievement any person, wishing and
being ready to use selective achievement, in rejection of patent holder to conclude license contract to production and
realization of seed, pedigree material on conditions, corresponding to the established practice, has the right to appeal
to court with claim to patent holder on granting compulsory ordinary (non-exclusive) license to use such selective
achievement on the RF territory. In plaintiff’s claims this person must indicate the suggested terms of granting such
license to him, including volume of using selective achievement, amount, procedure and terms of payments.

    Unless the patent holder proves that there are good reasons preventing to grant the applicant the right of using the
corresponding selective achievement, the court takes the decision on granting the mentioned license and conditions
of its granting. The total amount of payments for such license must be fixed by court decision not lower than the price
of license, determined in comparable circumstances.
   2. On the basis of court decision, provided by clause 1 of the present article, the federal executive body on
selective achievements makes state registration of compulsory ordinary (non-exclusive) license.

   3. On the basis of court decision on granting compulsory ordinary (non-exclusive) license the patent holder is
obliged for payment and on acceptable conditions to grant the holder of such license seed or correspondingly
pedigree material at the rate enough for using compulsory ordinary (non-exclusive) license.

   4. The validity of compulsory ordinary (non-exclusive) license can be terminated in court order at the patent
holder’s claim, if the patent holder of such license violates conditions on which basis it was granted, or the
circumstances, stipulated granting of such license, have changed so much that if these circumstances existed for the
period of granting license, it would not be granted at all or granted on distinguishable conditions.



           Article 1424. Period of validity of exclusive right to selective achievement

   1. The period of validity of the exclusive right to selective achievement and patent, certifying this right, is calculated
from the day of state registration of selective achievement in the State register of protected selective achievements
and is thirty years.

  2. The period of validity of the exclusive right and patent, certifying this right, is thirty five years for sorts of grapes,
wood decorative, fruit cultures and wood types, including their stocks.



        Article 1425. Becoming selective achievement the common property of people

   1. At the expiration of the period of validity of the exclusive right the selective achievement becomes the common
property of people.

  2. The selective achievement that has become the common property of people can be freely used without any
consent or permission and without paying reward for use.



                       § 3. Disposal of exclusive right to selective achievement



         Article 1426. Contract on alienating exclusive right to selective achievement

   Under the contract on alienating the exclusive right to selective achievement (contract on alienating patent) one
party (patent holder) transfers or is obliged to transfer the corresponding exclusive right to selective achievement,
belonging to it, in full amount to the other party - acquirer of the exclusive right (patent acquirer).



                             Article 1427. Public offer on concluding contract
                              on alienating patent to selective achievement

   1. The applicant, being the author of selective achievement, in filing the application for granting patent to selective
achievement, cane enclose to documents of the application the petition that in case of granting patent he is obliged to
conclude contract on alienating patent to selective achievement on conditions, corresponding to the established
practice, with any citizen of the RF or Russian legal person who has first expressed such desire and notified the
patent holder and federal executive body on selective achievements about it. In presence of such petition patent fees,
provided by the present Code, with respect to the application for granting patent to selective achievement and with
respect to the patent, granted by such application, are not charged from the applicant.
   The federal executive body on selective achievements publishes data on the mentioned petition in the official
bulletin.

   2. The person, concluded the contract on alienating patent with patent holder on the basis of his application, is
obliged to pay all patent fees, from which payment the applicant (patent holder) was exempted. Henceforth patent
fees are paid in the established order.

   The document, confirming payment of all patent fees, from which payment the applicant (patent holder) was
exempted, must be enclosed to the petition of registering the contract for state registration of the contract on
alienating patent in the federal executive body on selective achievements.

   3. If within two years from the day of publishing data on granting patent, with which respect the application,
mentioned in clause 1 of the present article, was made, the written notice of desire to conclude the contract on
alienating patent to the federal executive body on selective achievements was not received, the patent holder can file
the petition on revoking his application to the mentioned federal body. In this case patent fees, provided by the
present Code, from which payment the applicant (patent holder) was exempted, are subject to payment. Henceforth
patent fees are paid in the established order.

    The federal executive body on selective achievements publishes data on revoking the mentioned petition in the
official bulletin.



       Article 1428. License contract on granting right of using selective achievement

   Under license contract one party (licensor) transfers or is obliged to transfer the other party - user (licensee) the
right of using the corresponding selective achievement certified by patent within the limits, established by the contract.



                          Article 1429. Open license to selective achievement

  1. The patent holder can file the application on possibility of granting the right of using selective achievement to any
person (open license) to the federal executive body on selective achievements.

    In this case the amount of fee for keeping patent valid is reduced by fifty percent beginning with the year, following
the year of publishing data on open license in the official bulletin by the federal executive body on selective
achievements.
    The terms, on which the right of using selective achievement can be granted to any person, are informed to the
federal executive body on selective achievements that publishes in the official bulletin the corresponding data on open
license at the patent holder’s expense. The patent holder is obliged to conclude license contract on the terms of
ordinary (non-exclusive) license with the person, expressed desire to use the mentioned selective achievement.

    2. At the expiration of two years from the day of publishing data on open license in the official bulletin by the federal
executive body on selective achievements the patent holder is entitled to file petition on revoking his petition on open
license to the mentioned federal body.

   If before revoking open license nobody expressed desire to use selective achievement, the patent holder is obliged
to pay fee in excess for keeping patent valid for the period, passed from the day of publishing data on open license,
and henceforth pay it in full amount.

    If before revoking open license the corresponding contracts on the terms of ordinary license were concluded,
licensees reserve their rights for the whole period of validity of these contracts. In this case the patent holder is
obliged to pay fee for keeping patent valid in full amount from the day of revoking open license.

   The federal executive body on selective achievements publishes data on revoking application for open license in
the official bulletin.



                       § 4. Selective achievement created, raised or discovered
                  in performing official task or in executing works under contract



                                Article 1430. Official selective achievement

  1. The selective achievement created, raised or discovered by the employee in performing his labor duties or
employer’s particular task, is considered official selective achievement.

  2. The authorship’s right to official selective achievement belongs to employee (author).

   3. The exclusive right to official selective achievement and right to taking out patent belong to employer, unless
otherwise is provided by labor or other contract between employee and employer.

   4. If the other agreement is absent in the contract between employee and employer (clause 3 of the present article)
the employee must inform the employer in writing on creating, raising or discovering the result in performing his labor
duties or employer’s particular task, with which respect it is possible to provide legal protection as selective
achievement.

   Unless the employer within four months from the day of notifying the employee of the created, raised or discovered
result, with which respect it is possible to provide legal protection as selective achievement, files the application for
granting patent to this selective achievement to the federal executive body on selective achievements, transfers the
right to taking out patent to official selective achievement to another person or informs the employee on keeping
information about the corresponding result in secret, the right to taking out patent to such selective achievement
belongs to employee. In this case the employer within the whole period of patent’s validity has the right to use official
selective achievement in personal production on the terms of ordinary (non-exclusive) license with paying
compensation to the patent holder, which amount, terms and procedure of payment are determined by the contract
between employee and employer, and in case of dispute - by court.

   5. The employee is entitled to receiving reward from the employer for using created, raised or discovered official
selective achievement in the amount and on the terms that are determined by the agreement between them, but not
less that in the amount, being two percent from the sum of annual revenue from using selective achievement,
including revenue from granting licenses. The dispute on the amount, procedure or terms of paying reward by the
employer in connection with using official selective achievement is resolved by court.

  The reward is paid to the employee within six months after expiring each year in which the selective achievement
was used.

   6. The selective achievement, created, raised or discovered by the employee using monetary, technical or other
financial funds of the employer, but not in performing his labor duties or employer’s particular task, is not official. The
right to taking out patent to selective achievement and exclusive right to such selective achievement belongs to the
employee. In this case the employer is entitled at his option to demand granting him gratuitous ordinary (non-
exclusive) license to use selective achievement for personal needs for the whole period of validity of the exclusive
right to selective achievement or recovery of losses incurred by him in connection with creation, raising or discovery of
such selective achievement.



        Article 1431. Selective achievements created, raised or discovered by request

   1. When the selective achievement was created, raised or discovered by the contract, which subject was creation,
raising or discovery of such selective achievement (by request), the right to taking out patent to selective achievement
and exclusive right to such selective achievement belongs to the customer, unless otherwise is provided by the
contract between contractor (executor) and customer.

   2. When the right to taking out patent to selective achievement and exclusive right to such selective achievement in
accordance with clause 1 of the present article belongs to the customer, the contractor (executor) is entitled, since
otherwise is not provided by the contract, to use selective achievement for personal needs on the terms of gratuitous
ordinary (non-exclusive) license within the whole period of patent’s validity. The license of the other kind can be
provided by the contract on which basis the work was executed.
   3. If in accordance with the contract between contractor (executor) and customer the right to taking out patent to
selective achievement and exclusive right to selective achievement belong to the contractor (executor), the customer
is entitled to use selective achievement for personal needs on the terms of gratuitous ordinary (non-exclusive) license
within the whole period of patent’s validity.

   4. The reward is paid to the author of the selective achievement, mentioned in clause 1 of the present article, not
being patent holder, in accordance with clause 5 article 1430 of the present Code.



                Article 1432. Selective achievements created, raised or discovered
                       in executing works under state or municipal contract

   The rules of article 1373 of the present Code are correspondingly applied to selective achievements, created,
raised or discovered in executing works under state or municipal contract.



                          § 5. Taking out patent to selective achievement.
                      Termination of validity of patent to selective achievement



              Article 1433. Application for granting patent to selective achievement

   1. The application for granting patent to selective achievement (application for granting patent) is filed to the federal
executive body on selective achievements by the person, possessing the right to taking out patent in accordance with
the present Code (applicant).

  2. The application for granting patent must contain:

  1) application for granting patent indicating the author of selective achievement and person on whose name the
patent is requested, as well as place of residence or place of location of each of them;

  2) form of selective achievement;

   3) document, confirming payment of fee in the fixed amount or grounds of exemption from paying fee, or for
reducing its amount, or for suspending its payment.

  3. The requirements to documents of the application for granting patent are established on the basis of the present
Code by the federal executive body, exercising standard and legal regulation in the sphere of agriculture.

  4. The application for granting patent must refer to one selective achievement.

  5. The documents, mentioned in clause 2 of the present article, are presented in Russian or other language. If the
documents are presented in other language, their translation into Russian is enclosed to the application for granting
patent.



                              Article 1434. Priority of selective achievement

   1. The priority of selective achievement is established by the date of arriving the application for granting patent to
the federal executive body on selective achievements.

     2. If two or more applications for granting patent to the same selective achievement arrive at the same day to the
federal executive body on selective achievements, the priority is established by earlier date of sending the application.
If it was established by the expertise that these applications have the same date of sending, the patent can be granted
by the application, having earlier registration number, given by the federal executive body on selective achievements
on condition that otherwise is not provided by the agreement between applicants.
    3. If the application, filed by the applicant in the foreign state with which the RF has concluded the contract on
protecting selective achievements, preceded the application for granting patent, arrived to the federal executive body
on selective achievements, the applicant can use the priority of the first application within twelve months from the day
of its filing.

   The applicant must indicate the priority date of the first application in the application sent to the federal executive
body on selective achievements. Within six months from the day of arriving the application to the federal executive
body on selective achievements the applicant is obliged to present the copy of the first application, certified by the
competent body of the corresponding foreign state, and its translation into Russian. In performing these terms the
applicant is entitled not to present additional documentation and material necessary for testing within three years from
the day of filing the first application.



               Article 1435. Preliminary expertise of application for granting patent

   1. In the course of preliminary expertise of the application for granting patent the priority date is determined,
presence of documents is examined, provided by clause 2 article 1433 of the present Code, and their correspondence
to the established requirements. The preliminary expertise of the application for granting patent is made within one
month.

  2. While making preliminary expertise the applicant is entitled on his own initiative to add, specify or correct
documents of the application.

  The federal executive body on selective achievements can request absent or specifying documents that the
applicant is obliged to present in the established term.

   If the documents, being absent for the date of arriving the application, were not presented in the established term,
the application is not accepted for consideration, about what the applicant is notified.

  3. The federal executive body on selective achievements notifies the applicant on positive result of preliminary
expertise and date of filing the application for granting patent directly after completion of preliminary expertise.

  The data on accepted applications are published in the official body of the mentioned federal body.

   4. If the applicant does not agree with the decision of the federal executive body on selective achievements, taken
by results of the preliminary expertise of the application for granting patent, within the months from the day of
receiving this decision he is entitled to dispute it in court order.



                Article 1436. Temporary legal protection of selective achievement

   1. The temporary legal protection is provided to selective achievement on which the application was filed to the
federal executive body on selective achievements, from the day of filing the application and till the day of granting
patent to the applicant to selective achievement.

   2. After taking out patent to selective achievement the patent holder has the right to receive monetary
compensation from the person, committed actions without the applicant’s permission within the period of temporary
legal protection, mentioned in clause 3 article 1421 of the present Code. The amount of compensation is fixed by the
parties’ agreement, and in case of dispute - by court.

   3. Within the period of temporary legal protection of selective achievement the applicant is permitted sale or other
transfer of seed, pedigree material only for scientific purposes, as well as in cases when the sale or other transfer are
connected with alienating the right to taking out patent to selective achievement or production of seed, pedigree
material by the applicants’ request for the purposes of creating their stock.

   4. The temporary legal protection of selective achievement is not considered to have occurred, if the application for
granting patent was not accepted to consideration (article 1435) or if the decision on rejection of granting patent was
taken by the application and the possibility of making objection to this decision, provided by the present Code, was
exhausted, as well as in case of violating the requirements of clause 3 of the present article by the applicant.



                     Article 1437. Expertise of selective achievement to novelty

  1. Any interested person within six months from the day of publishing data on the application for granting patent
can send the petition on making expertise of the stated selective achievement to novelty to the federal executive body
on selective achievements.

   The federal executive body on selective achievements notifies the applicant of arriving such petition, stating the
essence of the petition. The applicant is entitled within three months from the day of receiving notice to send reasoned
objection to the petition to the federal executive body on selective achievements.

   2. The federal executive body on selective achievements on the basis of available materials takes the decision and
informs the interested person about it. If the selective achievement does not correspond to the criterion of novelty, the
decision is taken on rejection of granting patent to selective achievement.



  Article 1438. Test of selective achievement to distinguishability, homogeneity, stability

   1. The selective achievement to distinguishability, homogeneity, stability is tested according to methods and within
the terms that are established by the federal executive body, exercising standard and legal regulation in the sphere of
agriculture.

   The applicant is obliged to present for tests necessary number of seed, pedigree material to the address and within
the term that are mentioned by the federal executive body on selective achievements.

   2. The federal executive body on selective achievements for the purposes, provided by clause 1 of the present
article, is entitled to use results of tests made by competent bodies of other states with which the corresponding
contracts are concluded, results of tests made by other Russian organizations under the contract with the mentioned
federal body, as well as data presented by the applicant.



Article 1439. Procedure of state registration of selective achievement and granting patent

   1. In conformity of selective achievement with protectability criteria (clause 2 article 1413) and in conformity of
selective achievement’s name with requirements of article 1419 of the present Code the federal executive body on
selective achievements takes the decision on granting patent to selective achievement, as well as makes description
of the selective achievement and enters the selective achievement in the State register of protected selective
achievements.

  2. The following data are entered in the State register of protected selective achievements:

  1) kind, type of plant, animal;

  2) name of sort of plants, species of animals;

  3) date of state registration of selective achievement and registration number;

  4) patent holder’s name and place of his residence or location;

  5) name of selective achievement’s name and his place of residence;

  6) description of selective achievement;

   7) fact of transferring patent to selective achievement to the other person indicating his name, place of residence or
location;
  8) data on concluded license contracts;

  9) date of expiring validity of patent to selective achievement indicating the reason.

   3. The patent to selective achievement is granted to the applicant. If several applicants are indicated in the
application for granting patent, the patent is granted to the applicant, indicated the first in the application, and is used
by applicants jointly upon the agreement between them.



                          Article 1440. Preservation of selective achievement

   1. The patent holder is obliged to maintain sort of plants or species of animals within the period of validity of patent
to selective achievement in order to retain signs, mentioned in description of sort of plants or species of animals,
composed for the date of including the selective achievement in the State register of protected selective
achievements.

  2. The patent holder by the request of the federal executive body on selective achievements is obliged to send
seed or pedigree material at his expense for making control tests and give possibility of making examination on the
spot.



                   Article 1441. Declaring patent to selective achievement invalid

   1. The patent to selective achievement can be declared invalid within the period of its validity, if it is established
that:

   1) the patent is granted on the basis of unconfirmed data on homogeneity and stability of selective achievement
presented by the applicant;

   2) for the date of granting patent the selective achievement did not correspond to criterion of novelty or
distinguishability;
   3) the person, mentioned in the patent as patent holder, did not have legal grounds for taking out patent;

   2. The granting of patent to selective achievement can be disputed by any person who has known about violations,
provided by clause 1 of the present article, by filing the application to the federal executive body on selective
achievements.

   The federal executive body on selective achievements sends the copy of the mentioned application to the patent
holder who within three months from the day of sending him such copy can present reasoned objection.

   The federal executive body on selective achievements must take the decision by the mentioned application within
six months from the day of filing the mentioned application unless additional tests should be made.

   3. The patent to selective achievement, declared invalid, is cancelled from the day of filing the application for
granting patent. At that license contracts, concluded before taking the decision on patent’s invalidity, continue to be
valid to the extent they had been executed by this day.

   4. Declaring patent to selective achievement invalid means abolishing the decision of the federal executive body on
selective achievements on granting patent (article 1438) and canceling the corresponding application in the State
register of protected selective achievements.



          Article 1442. Early termination of validity of patent to selective achievement

  The validity of patent to selective achievement is terminated ahead of time in the following cases:

  1) the selective achievement no longer corresponds to criteria of homogeneity and stability;
   2) the patent holder by the request of the federal executive body on selective achievements within twelve months
has not presented seed, pedigree material, documents and information that are necessary for examining safety of
selective achievements, or given possibility to make examination of selective achievement on the spot for these
purposes;

  3) the patent holder has filed the application on early termination of validity of patent to the federal executive body
on selective achievements;

  4) the patent holder has not paid fee for keeping patent valid in the established term.



                     Article 1443. Publication of data on selective achievements

    1. The federal executive body on selective achievements publishes the official bulletin in which he gives the
following data:

   1) on arrived applications for granting patent indicating the priority date of selective achievement, applicant’s name,
selective achievement’s name, as well as name of selective achievement’s author, if the latter did not reject to be
mentioned as such;

  2) on decisions taken by the application for granting patent;

  3) on changes in names of selective achievements;

  4) on declaring patents to selective achievements invalid;

  5) other data concerning protection of selective achievements.

   2. After publishing data on arrived application for granting patent to selective achievement and on decision taken by
this application any person is entitled to familiarize himself with materials of the application.



                               Article 1444. Use of selective achievements

  1. The seed and pedigree material sold in the RF must be provided with the document, certifying their sort, pedigree
belonging and origin.

   2. The document, mentioned in clause 1 of the present article, to selective achievements, included in the State
register of protected selective achievements, is granted only by the patent holder and licensor.



                 Article 1445. Patenting of selective achievement in foreign states

  The application for granting patent to selective achievement can be filed in the foreign state. The applicant bears
expenses, connected with protecting selective achievement outside the RF territory.



  § 6. Protection of rights of authors of selective achievements and other patent holders



 Article 1446. Violation of rights of author of selective achievement or other patent holder

  The violation of rights of author of selective achievement and other patent holder, in particular, is:
  1) using selective achievement with violating the requirement of clause 3 article 1421 of the present Code;

   2) giving name to produced and (or) sold seed, pedigree material that differs from the name of the corresponding
registered selective achievement;

  3) giving name of the corresponding registered selective achievement to produced and (or) sold seed, pedigree
material if they are not seed, pedigree material of this selective achievement;

   4) giving name to produced and (or) sold seed, pedigree material that is similar to the name of the registered
selective achievement before the degree of mixture.


                           Article 1447. Publication of court decision on violating
                                   exclusive right to selective achievement

   The author of selective achievement or other patent holder is entitled to demand publication of court decision on
unlawful use of selective achievement or other violation of patent holder’s rights in the official bulletin by the federal
executive body on selective achievements in accordance with clause 1 article 1252 of the present Code.



                              Chapter 74. Right to integrated circuits topology



                                  Article 1448. Integrated circuit topology

   1. The integrated circuit topology is space-geometric location of aggregate of integrated circuit elements and links
between them. At that the integrated circuit is microelectronic product of final or intermediate form that is intended for
exercising functions of electronic circuit, which elements and links are inseparably formed in the volume and (or)
surface of the material on which basis such product is made.

   2. The legal protection, provided by the present Code, covers only original topology integrated circuit, created as a
result of the author’s creative activity and unknown to the author and (or) specialists in the field of developing
topologies of integrated circuits for the date of its creation. The topology of integrated circuit is considered original
unless otherwise is proved.

  The legal protection is provided to the topology of integrated circuit consisting of elements that are known to
specialists in the field of developing topologies of integrated circuits for the date of its creation, if the aggregate of
such elements meets the requirement of originality on the whole.

  3. The legal protection, provided by the present Code, does not cover ideas, methods, systems, technology or
coded information that can be embodied in the integrated circuit topology.



                             Article 1449. Rights to integrated circuit topology

   1. The following intellectual rights belong to the author of integrated circuit topology meeting the terms of providing
legal protection, stipulated by the present Code (topology):

  1) exclusive right;

  2) authorship’s right.

   2. In the cases, provided by the present Code, other rights, including right to reward for using official topology, also
belong to the author of integrated circuit topology.
                            Article 1450. Author of integrated circuit topology

   The citizen, by whose creative labor such topology is created, is considered the author of integrated circuit
topology. The person, mentioned as the author in the application for granting certificate on state registration of
integrated circuit topology, is considered the author of such topology, unless otherwise is proved.



                         Article 1451. Co-authors of integrated circuit topology
  1. The citizens, created integrated circuit topology by joint creative labor, are considered co-authors.

  2. Each co-author is entitled to use topology at his discretion unless otherwise is provided by the agreement
between them.

  3. The rules of clause 3 article 1229 of the present Code are correspondingly applied to relations of co-authors,
connected with distributing revenues from using topology and disposing the exclusive right to topology.

  The co-authors jointly dispose the right to obtaining certificate on state registration of integrated circuit topology.



                    Article 1452. State registration of integrated circuit topology

   1. Within the period of validity of the exclusive right to integrated circuit topology (article 1457) the rightholder can
register topology in the federal executive body on intellectual property at his discretion.

   The topology that contains data, having state secret, is not subject to registration. The person, filed the application
for granting certificate on state registration of topology (applicant), holds responsibility for disclosing data on topology,
having state secret, in accordance with the RF legislation.

   2. If the topology was used before filing the application for granting certificate on state registration of topology
(application for registration), the application can be filed in the term, not exceeding two years from the day of the first
use of topology.

  3. The application for registration must refer to one topology and include:

   1) application for state registration of topology indicating the person on whose name the state registration is
requested, as well as author, unless he rejected to be mentioned as such, place of residence or location of each of
them, date of the first use of topology if it occurred;

  2) deposited materials, identifying topology, including report;

   3) document, confirming payment of fee in the fixed amount or grounds for exemption from paying fee, or for
reducing its amount, or for suspending its payment;

   4. The rules of drawing up the application for registration are established by the federal executive body, exercising
standard and legal regulation in the sphere of intellectual property.

   5. On the basis of the application for registration the federal executive body on intellectual property examines the
presence of necessary documents and their correspondence to the requirements of clause 3 of the present article. In
case of positive result of examination the federal body enters topology in the Register of integrated circuit topologies,
issues the certificate on state registration of integrated circuit topology to the applicant and publishes data on
registered topology in the official bulletin.

   Upon the request of the federal executive body on intellectual property or on his own initiative the applicant is
entitled to add, specify and correct materials of the application for registration before publishing data in the official
bulletin.

   6. The procedure of state registration of topologies, forms of certificates on state registration, list of data, mentioned
in certificates, and list of data, published by the federal executive body on intellectual property in the official bulletin,
are established by the federal executive body, exercising standard and legal regulation in the sphere of intellectual
property.

   7. The contracts on alienating and pledging the exclusive right to registered topology, license contracts on grating
right of using registered topology and transfer of the exclusive right to such topology to other persons without contract
are subject to state registration in the federal executive body on intellectual property.

   The data on changing the rightholder and encumbering the exclusive right to topology are entered in the Register
of integrated circuit topologies on the basis of registered contract or other legal document and published in the
mentioned official bulletin.

   8. The data, entered in the Register of integrated circuit topologies, are considered reliable unless otherwise is
proved. The applicant holds responsibility for reliability of data, presented for registration.



                    Article 1453. Authorship’s right to integrated circuit topology

    The authorship’s right, that is right to be considered the author of topology, is inalienable and non-transferable, as
well as in giving to another person or transferring to him the exclusive right to topology and in presenting the right of
its use to another person. The rejection of this right is void.



                                   Article 1454. Exclusive right to topology

   1. The exclusive right to using topology belongs to the rightholder in accordance with article 1229 of the present
Code by any way not conflicting with law (exclusive right to topology), as well as by ways, mentioned in clause 2 of the
present article. The rightholder can dispose the exclusive right to topology.

   2. The actions aimed at making profit are considered using topology, in particular:

   1) reproduction of topology fully or partially by including in the integrated circuit or by other way, except for
reproduction of only that part of topology that is not original;

   2) import to the RF territory, sale and other putting into civil circulation of topology or integrated circuit in which this
topology is included, or product, containing such integrated circuit.

  3. The independent exclusive right to topology belongs to the person, independently created topology, identical to
another topology.



                      Article 1455. Protection mark of integrated circuit topology
   The rightholder for notifying of his exclusive right to topology is entitled to use protection mark that is placed on
topology, as well as on products, containing such topology, and consists of detailed capital letter "Ò" ("Ò", [Ò],        , Ò*

èëè        ), date of commencing the period of validity of the exclusive right to topology and information, permitting to
identify the rightholder.




              Article 1456. Actions not being violation of exclusive right to topology

   The following are not violation of the exclusive right to topology:

   1) exercising actions, mentioned in clause 2 article 1454 of the present Code, with respect to integrated circuit in
which illegally reproduced topology is included, as well as with respect to any product containing such integrated
circuit if the person, committing such actions, did not know and did not have to know that illegally reproduced topology
is included in the integrated circuit. After receiving notification of illegal reproduction of topology the mentioned person
can use available supply of products, containing integrated circuit in which illegally reproduced topology is included,
and such products ordered before this time. At that the mentioned person is obliged to pay compensation to the
rightholder fro using topology, proportionate to that reward that could be paid in comparable circumstances fro similar
topology;

   2) using topology for personal purposes, not pursuing making profit, as well as for purposes of evaluation, analysis,
research or training;

  3) distribution of integrated circuits with topology, earlier put into civil circulation by the person, possessing the
exclusive right to topology, or other person with the rightholder’s permission.



                     Article 1457. Period of validity of exclusive right to topology

   1. The exclusive right to topology is valid within ten years.

   2. The period of validity of the exclusive right to topology is calculated either from the day of the first use of
topology, by which is meant the earliest documentally fixed date of putting this topology into civil circulation in the RF
or any foreign state, or integrated circuit in which this topology is included, or product including such integrated circuit,
or from the day of registering topology in the federal executive body on intellectual property depending on the fact
which of the mentioned events has occurred earlier.

   3. In case of appearing identical original topology, independently created by the other author, the exclusive rights to
both topologies are terminated at the expiration of ten years from the day of appearing the exclusive right to the first of
them.

   4. At the expiration of the period of validity of the exclusive right topology becomes the common property of people,
in other words can be freely used by any person within somebody’s consent or permission and without paying reward
for use.



                   Article 1458. Contract on alienating exclusive right to topology

   Under the contract on alienating the exclusive right to topology one party (rightholder) transfers or is obliged to
transfer the exclusive right to topology belonging to it in full volume to the other party -acquirer of the exclusive right to
topology.




    Article 1459. License contract on granting right to using integrated circuit topology

   Under the license contract one party - holder of the exclusive right to topology (licensor) grants or is obliged to
grant the other party (licensee) the right of using this topology in the limits, established by the contract.



                 Article 1460. Form and state registration of contract on alienating
                          exclusive right to topology and license contract

   1. The contract on alienating the exclusive right to topology and license contract must be concluded in writing.

  2. If the topology was registered (article 1452), the contract on alienating the exclusive right to topology and license
contract are subject to state registration in the federal executive body on intellectual property.
                                         Article 1461. Official topology

   1. The topology, created by the employee in connection with performing his labor duties or employer’s particular
task, is considered official topology.

  2. The authorship’s right to official topology belongs to employee.

   3. The exclusive right to official topology belongs to employer unless otherwise is provided by the contract between
him and employee.

   4. If the exclusive right to topology belongs to employer or transferred by him to the third person, the employee is
entitled to receive reward from the employer. The amount of reward, terms and procedure of its payment are fixed by
the contract between employee and employer, and in case of dispute - by court.

   5. The topology, created by the employee using employer’s monetary, technical or other material funds, but not in
connection with performing his labor duties or employer’s particular task, is not official. The exclusive right to such
topology belongs to employee. In this case the employer has the right at his option to demand granting gratuitous
ordinary (non-exclusive) license for using created topology for personal needs for the whole period of validity of the
exclusive right to topology or recovery of repairing expenses incurred by him in connection with creating such
topology.



                Article 1462. Topology created in executing works under contract

   1. When the topology is created in executing contract of work and labor or contract for executing scientific-
research, development or technological work that did not directly stipulate its creation, the exclusive right to such
topology belongs to contractor (executor), unless otherwise is provided by the contract between him and customer.

   In this case the customer is entitled, unless otherwise is provided by the contract, to use topology, created in that
way, for the purposes for which achievement the relative contract was concluded, on the terms of ordinary (non-
exclusive) license within the whole period of validity of the exclusive right without paying additional reward fro this use.
While transferring by the contractor (executor) the exclusive right to topology to the other person the customer
preserves the right of using topology on the mentioned terms.

   2. When in accordance with the contract between contractor (executor) and customer the exclusive right to
topology was transferred to the customer or third person, indicated by him, the contractor (executor) is entitled to use
created topology for personal needs on the terms of gratuitous ordinary (non-exclusive) license within the whole
period of validity of the exclusive right to topology unless otherwise is provided by the contract.

  3. The author of topology, mentioned in clause 1 of the present article, whom the exclusive right to such topology
does not belong, has the right to reward according to clause 4 article 1461 of the present Code.



                                 Article 1463. Topology created on request

   1. When the topology is created under the contract, which subject was its creation (on request), the exclusive right
to such topology belongs to the customer, unless otherwise is provided by the contract between contractor (executor)
and customer.

   2. When the exclusive right to topology in accordance with clause 1 of the present article belongs to the customer
or third person, indicated by him, the contractor (executor) is entitled, unless otherwise is provided by the contract, to
use this topology for personal needs on the terms of gratuitous ordinary (non-exclusive) license within the whole
period of validity of the exclusive right.

   3. When in accordance with the contract between contractor (executor) and customer the exclusive right to
topology belongs to contractor (executor), the customer is entitled to use topology for personal needs on the terms of
gratuitous ordinary (non-exclusive) license within the whole period of validity of the exclusive right.
   4. The reward is paid to the author of topology, created on request, not being rightholder, in accordance with clause
4 article 1461 of the present Code.



    Article 1464. Topology created in executing works under state or municipal contract

  The rules of article 1298 of the present Code are correspondingly applied to topology, created in executing works
under state or municipal contract.



                               Chapter 75. Right to trade secret (know-how)



                                   Article 1465. Trade secret (know-how)

   Data of any character (industrial, technical, economic, organizational, etc.), in particular on results of intellectual
activity in scientific-research sphere, as well as data on methods of exercising professional activity that have valid or
potential commercial value by virtue of their uncertainty to third persons to which the third persons have no free
access on legal ground and in which respect the regime of commercial secret is introduced by the holder of such data
are considered trade secret (know-how).



                                Article 1466. Exclusive right to trade secret

   1. The exclusive right of using trade secret belongs to its holder in accordance with article 1229 of the present
Code by any way not conflicting with law (exclusive right to trade secret), in particular in producing articles and
realizing economic and organizational decisions. The holder of trade secret can dispose of the mentioned exclusive
right.

  2. The person, being conscientiously and irrespective of other holders of trade secret the holder of data,
constituting the essence of protected trade secret, acquires independent exclusive right to this trade secret.



                         Article 1467. Validity of exclusive right to trade secret

   The exclusive right to trade secret is valid until there is confidentiality of data, constituting its essence. All
rightholders forfeit the exclusive right to trade secret since the loss of confidentiality of the respective data.



                Article 1468. Contract on alienating exclusive right to trade secret

  1. Under the contract on alienating the exclusive right to trade secret one party (rightholder) transfers or is obliged to
transfer the exclusive right to trade secret belonging to it in full volume to the other party - acquirer of the exclusive
right to this trade secret.

  2. In alienating the exclusive right to trade secret the person who disposed his right, is obliged to keep
confidentiality of trade secret till ceasing the validity of the exclusive right to trade secret.



              Article 1469. License contract on granting right of using trade secret
   1. Under the license contract one party - holder of the exclusive right to trade secret (licensor) grants or is obliged
to grant the other party (licensee) the right of using the corresponding trade secret in the limits, established by the
contract.

   2. The license contract can be concluded both with indication and without indication the period of its validity. When
the period, for which the license contract is concluded, is not stated in this contract, any party is entitled at any time to
reject the contract, warned the other party of it not later than six months, unless the longer period is provided by the
contract.

   3. While granting the right of using trade secret the person, disposed his right, is obliged to keep confidentiality of
trade secret within the whole period of validity of license contract.

     The person, received the respective rights under license contract, are obliged to keep confidentiality of trade secret
till ceasing the validity of the exclusive right to trade secret.



                                       Article 1470. Official trade secret

  1. The exclusive right to trade secret, created by the employee in connection with performing his labor duties or
employer’s particular task (official trade secret), belongs to employer.

  2. The citizen, who in connection with performing his labor duties or employer’s particular task has known trade
secret, is obliged to keep confidentiality of obtained data till ceasing the validity of the exclusive right to trade secret.



              Article 1471. Trade secret received in executing works under contract

   When the trade secret is received in executing contract of work and labor, contract for executing scientific-
research, development or technological work or under state or municipal contract for state or municipal needs, the
exclusive right to such trade secret belongs to contractor (executor), unless otherwise is provided by the
corresponding contract (state or municipal contract).

   When the trade secret is received in executing works under the contract, concluded by the chief manager or
manager of budget funds with federal state institutions, the exclusive right to such trade secret belongs to contractor
(executor), unless it is provided by the contract that this right belongs to the Russian Federation.



             Article 1472. Responsibility for violating exclusive right to trade secret

   1. The violator of the exclusive right to trade secret, in particular the person who has unlawfully received data,
constituting trade secret, and disclosed or used these data, as well as the person who is obliged to keep
confidentiality of trade secret in accordance with clause 2 article 1468, clause 3 article 1469 or clause 2 article 1470 of
the present Code, is obliged to recover damages, incurred in violating the exclusive right to trade secret, unless other
responsibility is provided by law or contract with this person.

   2. The person, who has used trade secret and was unknown and did not have to know that its use is illegal, as well
as in connection with the fact that he has got access to trade secret by chance or mistake, does not hold responsibility
in accordance with clause 1 of the present article.



               Chapter 76. Rights to methods of individualization of legal persons,
                                goods, services and enterprises



                                              § 1. Right to firm name
                                             Article 1473. Firm name

  1. The legal person, being commercial organization, acts in civil circulation under its firm name that is defined in its
constituent documents and included in the Unified state register of legal persons at state registration of legal person.

   2. The legal person’s firm name must contain indication on its organizational and legal form and essentially the
legal person’s name that can not consist only of words identifying kind of activity.

   3. The legal person must have full and is entitled to have abbreviated firm name in Russian. The legal person is
also entitled to have full and (or) abbreviated firm name on languages of the RF peoples and (or) foreign languages.

  The legal person’s firm name in Russian and languages of the RF peoples can contain foreign loan words in
Russian transcription or correspondingly in transcriptions of the RF peoples’ languages, except for terms and
abbreviations, reflecting organizational and legal form of the legal person.

  4. The following can not be included in the legal person’s firm name:

  1) full and abbreviated official names of the RF, foreign states, as well as words derivative from such names;

  2) full and abbreviated official names of federal state bodies, state bodies of the RF subjects and bodies of local
government;

  3) full and abbreviated names of international and intergovernmental organizations;

  4) full and abbreviated names of public associations;

  5) names, conflicting with public interests, as well as principles of humanity and morality.

  The firm name of state unitary enterprise can contain indication of such enterprise’s belonging to the RF and the
RF subject correspondingly.

   The inclusion of the RF official name in the firm name of joint-stock company, as well as words derivative from this
name, is permitted by the RF Government, if more than seventy five percent of shares of joint-stock company belongs
to the RF. Such permission is issued without indicating the period of its validity and can be withdrawn in case of
seceding circumstances, by virtue of which it was issued. The procedure of issue and withdrawal of permissions is
established by law.

   In case of withdrawing permission for inclusion of the RF official name in the firm name of joint-stock company, as
well as words derivative from this name, the joint-stock company is obliged to make the corresponding changes in its
articles of association within three months.

   5. If the legal person’s firm name does not correspond to the requirements of clauses 3 or 4 of the present article,
the body, making state registration of legal persons, has the right to bring the claim to such legal person of compelling
to change firm name.



                                 Article 1474. Exclusive right to firm name

   1. The exclusive right to use its firm name as method of individualization by any way, not conflicting with law
(exclusive right to firm name), as well as by means of its indication on signboards, forms, in accounts and other
documentation, notices and advertisement, on goods or their packages belongs to legal person.

   The abbreviated firm names, as well as firm names on languages of the RF peoples and foreign languages are
protected by the exclusive right to firm name on condition of their inclusion in the Unified state register of legal
persons.
   2. It is not permitted to dispose the exclusive right to firm name (as well as by means of its alienating or granting
the right of using firm name to the other person).

   3. It is not permitted to use by the legal person firm name, identical to firm name of the other legal person or similar
with it to the extent of confusion, if the indicated legal persons exercise similar activity and the firm name of the
second legal person was included in the Unified state register of legal persons earlier than the firm name of the first
legal person.

   4. The legal person, violated the rules of clause 3 of the present article, is obliged on the rightholder’s demand to
cease using firm name, identical to rightholder’s firm name or similar to it to the extent of confusion, with respect to
kinds of activity, similar to kinds of activity exercised by the rightholder, and recover losses inflicted to the rightholder.



             Article 1475. Validity of exclusive right to firm name on the RF territory

   1. The exclusive right to firm name, included in the Unified state register of legal persons, is valid on the RF
territory.

    2. The exclusive right to firm name arises from the day of state registration of legal person and ceases at exclusion
of firm name from the Unified state register of legal persons in connection with cessation of legal person or change of
its firm name.



       Article 1476. Correlation of rights to firm name with rights to commercial name
                               and trademark and service mark

   1. The firm name or its separate elements can be used by the rightholder in the structure of commercial name
belonging to him.

   The firm name, included in the commercial name, is protected irrespective of the commercial name’s protection.

   2. The firm name or its separate elements can be used by the rightholder in the trademark or service mark
belonging to him.

   The firm name, included in the trademark or service mark, is protected irrespective of trademark’s or service mark’s
protection.




                             § 2. Right to trademark and right to service mark



                                                1. General provisions



                                 Article 1477. Trademark and service mark

   1. The exclusive right, certified by the certificate on trademark, is recognized to trademark, that is name, used for
individualization of legal persons’ or sole traders’ goods (article 1481).

   2. The rules of the present Code on trademarks are correspondingly applied to service marks, that is names, used
for individualization of work executed by legal persons or services rendered by them.
                          Article 1478. Holder of exclusive right to trademark

  The legal person or sole trader can be the holder of the exclusive right to trademark.



             Article 1479. Validity of exclusive right to trademark on the RF territory

  The exclusive right to trademark, registered by the federal executive body on intellectual property, is valid on the
RF territory, as well as in other cases, provided by the RF international agreement.



                               Article 1480. State registration of trademark

   The state registration of trademark is made by the federal executive body on intellectual property in the RF State
register of trademarks and service marks (State register of trademarks) in the order, established by articles 1503 and
1505 of the present Code.



                                    Article 1481. Certificate to trademark

  1. The certificate to trademark is granted to the trademark, registered in the State register of trademarks.

  2. The certificate to trade mark certifies the priority of trademark and exclusive right to trademark with respect to
goods, mentioned in the certificate.



                                       Article 1482. Kinds of trademarks

   1. Verbal, graphic, three-dimensional and other designations or their combinations cane be registered as
trademarks.

  2. The trademark can be registered in any color or color match.


               Article 1483. Grounds for rejection in state registration of trademark

   1. The state registration of the following designations as trademarks, not having distinctive ability or consisting only
of elements is not permitted:

  1) putting in general use for designating goods of certain type;

  2) being generally accepted symbols and terms;

   3) characterizing goods, in particular, indicating on their type, quality, quantity, property, purpose, value, as well as
time, place and method of their production or sale;

  4) having the form of goods that is defined exclusively or mainly by property or purpose of goods.

  The mentioned elements can be included in the trademark as unprotected elements, if they have no dominant
position in it.

   The provisions of the present clause are not applied with respect to designations that acquired distinctive ability as
a result of their use.

  2. In accordance with the RF international agreement the state registration of designations as trademarks,
consisting only of the following elements, is not permitted:
  1) state emblems, flags and other state symbols and marks;

  2) abbreviated or full name of international and intergovernmental organizations, their emblems, flags, other
symbols and marks;

  3) official control, guarantee or assay marks, stamps, awards and other insignia;

   4) designations similar to the extent of confusion with elements, mentioned in subparagraphs 1-3 of the present
clause;

  Such elements can be included in the trademark as unprotected elements, if there is consent of the corresponding
competent body on it.

  3. The state registration of designations as trademarks, containing the following elements, is not permitted:

  1) being false or capable to mislead customer concerning goods or their producer;

  2) conflicting with public interest, principles of humanity and morality.

   4. The state registration of designations as trademarks, identical or similar to the extent of confusion with official
names and images of very valuable objects of cultural heritage of the RF peoples or objects of world cultural or natural
heritage, as well as with images of cultural values, kept in collections and funds, is not permitted, if the registration is
requested in the name of persons, not being their owners, without consent of owners or persons, authorized by
owners, for registration of such designations as trademarks.

   5. In accordance with the RF international agreement the state registration of designations as trademarks, being or
containing elements that are protected in one state - participants of this international agreement as designations,
permitting to identify wines or strong drinks as originating from its territory (produced within the borders of this state’s
geographical object) and having special quality, reputation or other characteristics that are mainly defined by their
origin, is not permitted, if the trademark is intended for designation of wines or strong drinks, not originating from the
territory of this geographical object.

  6. The designations can not be registered as trademarks that are identical or similar to the extent of confusion with

  1) trademarks of other persons, applied for registration (article 1492) with respect to homogeneous goods and
having earlier priority, if the application for state registration was not withdrawn or is not considered to be withdrawn;

   2) trademarks of other person protected in the RF, in particular in accordance with the RF international agreement,
with respect to homogeneous goods and having earlier priority;

   3) trademarks of other persons, recognized well-known trademarks in the RF in the order, established by the
present Code, with respect to homogeneous goods.

  The registration as trademark with respect to homogeneous goods of the designation, similar to the extent of
confusion with some trademark, mentioned in the present clause, is permitted only with the rightholder’s consent.

   7. The designations, identical or similar to the extent of confusion with the name of place of goods’ origin, protected
in accordance with the present Code, can not be registered as trademarks with respect to any goods, except for the
case when such designation is included as unprotected element in the trademark, registered in the name of the
person, having the exclusive right to such designation, if the registration of trademark is made with respect to the
same goods, for which individualization the name of place of goods’ origin is registered.

   8. The designations, identical or similar to the extent of confusion with firm name or commercial designation,
protected in the RF (certain elements of such names or designation) or name of selective achievements, registered in
the State register of protected selective elements, the rights to which in the RF have originated with other persons
earlier than the priority date of registered trademark, can not be registered with respect to homogeneous goods as
trademarks.

  9. The designations can not be registered as trademarks that are identical to:
   1) name of trademark (article 1492) of work of science, literature or art, character or quotation from such work,
work of art or its extract, known in the RF for the date of filing the application for state registration, without the
rightholder’s consent, if the rights to the corresponding work have originated earlier than the priority date of registered
trademark;

  2) name (article 19), pseudonym (clause 1 article 1265) or designation, portrait or facsimile, derived from them,
known in the RF for the date of filing the application of the person, without this person’s or his heir’s consent;

  3) industrial sample, conformity mark, domain name, the rights to which have originated earlier than the priority
date of registered trade mark

   10. The legal protection is not granted either to designations, recognized as trademarks in accordance with the RF
international agreements, by the grounds, provided by the present article.



                  2. Use of trademark and disposal of exclusive right to trademark


                                  Article 1484. Exclusive right to trademark

   1. The exclusive right of using trademark in accordance with article 1229 of the present Code by any way not
conflicting with law (exclusive right to trademark), in particular by ways, mentioned in clause 2 of the present article,
belongs to the person, on whose name the trademark is registered (rightholder). The rightholder can dispose of the
exclusive right to trademark.

   2. The exclusive right to trademark can be exercised for individualization of goods, work or services, with which
respect the trademark is registered, in particular by placing trademark:
   1) on goods, as well as on labels, packages of goods that are produced, offered to sale, sold, shown at exhibitions
and fairs or otherwise put into civil circulation on the RF territory, or kept or transferred for this purpose, or imported on
the RF territory;

   2) in executing works, rendering services;

   3) on documentation, connected with putting goods into civil circulation;

   4) in offers to sale of goods, executing works, rendering services, as well as in notices, signs and advertisement;

   5) in the Internet, as well as in domain name and with other methods of addressing.

   3. Nobody has the right to use without the rightholder’s consent designations, similar to his trademark, with respect
to goods, for which individualization the trademark is registered, or homogeneous goods, if as a result of such use the
possibility of confusion can arise.



                                 Article 1485. Protection mark of trademark

   The rightholder for notifying of his exclusive right to trademark is entitled to use protection mark that is placed at the
trademark, consists of Latin letter “R” or Latin letter “R” in circle ® or verbal designation “trademark” or “registered
trademark” and indicates on the fact that the applied designation is a trademark, protected on the RF territory.



                           Article 1486. Consequences of trademark’s disuse

   1. The legal protection of trademark can be terminated ahead of time with respect to all goods or part of goods, for
which individualization the trademark is registered, due to trademark’s disuse continuously within three years after its
state registration. The application of early termination of legal protection of trademark due to its disuse can be filed by
the interested person to the chamber of patent disputes at the expiration of the stated three years on condition that up
to filing of such application the trademark was not used.

   2. For the purposes of the present article the trademark’s use is its use by the rightholder or person whom such
right is granted on the basis of license contract in accordance with article 1489, or other person, using trademark
under the rightholder’s control, on condition that the trademark is used in accordance with clause 2 article 1484 of the
present article, except for the cases when the corresponding actions are not directly connected with putting goods into
civil circulation, as well as trademark’s use with changing its certain elements, not affecting its distinctive ability and
not restricting protection granted to trademark.

  3. The burden of proving the trademark’s use is placed on the rightholder.

   While resolving the issue on early termination of legal protection of trademark due to its disuse the evidence given
by the rightholder can be taken into consideration that the trademark was not used owing to circumstances beyond his
control.

  4. The termination of legal protection of trademark means the termination of the exclusive right to this trademark.



                       Article 1487. Exhaustion of exclusive right to trademark

   The use of trademark by other persons with respect to goods that were put into civil circulation on the RF territory
directly by the rightholder or with his consent is not violation of the exclusive right to trademark.

                 Article 1488. Contract on alienating exclusive right to trademark

   1. Under the contract on alienating the exclusive right to trademark one party (rightholder) transfers or is obliged to
transfer the exclusive right to the corresponding trademark belonging to it in full volume with respect to all goods or
part of goods, for which individualization it is registered, to the other party - acquirer of the exclusive right.

  2. It is not permitted to alienate the exclusive right to trademark under the contract, if it can be the cause of
misleading customer with respect to goods or its producer.

   3. It is permitted to alienate the exclusive right to trademark, including as unprotected element the name of
product’s origin to which the legal protection is provided on the RF territory (clause 7 article 1483), only if the acquirer
has the exclusive right to such name.



                Article 1489. License contract on granting right of using trademark

   1. Under the license constrict one party - holder of the exclusive right to trademark (licensor) grants or is obliged to
grant the other party (licensee) the right of using the trademark within the limits determined by the contract, with
indication or without indication of the territory on which such use is permitted as applied to certain sphere of business
activity.

   2. The licensee is obliged to provide correspondence of quality of goods, produced or sold by him, on which he
places license trademark, to quality requirements, established by the licensor. The licensor has the right to exercise
control for complying with this term. The licensor and licensee hold joint responsibility with respect to the requirements
made to licensee as the goods’ producer.

   3. It is permitted to grant the right of using trademark, including as unprotected element the name of product’s
origin to which the legal protection is provided on the RF territory (clause 7 article 1483), only if the licensee has the
exclusive right of using such name.



                         Article 1490. Form and state registration of contracts
                               on disposing exclusive right to trademark
   1. The contract on alienating the exclusive right to trademark, license contract, as well other contracts, by virtue of
which the disposal of the exclusive right to trademark is realized, must be concluded in writing and subject to state
registration in the federal executive body on intellectual property.

   2. The procedure of state registration of contracts, mentioned in clause 1 of the present article, is established by
the federal executive body, exercising standard and legal regulation in the sphere of intellectual property.



                   Article 1491. Period of validity of exclusive right to trademark

   1. The exclusive right to trademark is valid within ten years from the day of filing the application for state
registration of trademark to the federal executive body on intellectual property.

  2. The period of validity of the exclusive right to trademark can be prolonged for ten years on the rightholder’s
application, filed within the last year of this right’s validity.

  It is possible to prolong the period of validity of the exclusive right to trademark many times.

  Upon the rightholder’s petition six years can be given to him at the expiration of the period of validity of the
exclusive right to trademark for filing the mentioned application on condition of paying duty.

  3. The entry on prolonging the period of validity of the exclusive right to trademark is made by the federal executive
body on intellectual property in the State register of trademarks and certificate on trademark.



                                       3. State registration of trademark



                                   Article 1492. Application for trademark

  1. The application for state registration of trademark (application for trademark) is filed to the federal executive
body on intellectual property by the legal person or sole trader (applicant).

  2. The application for trademark must relate to one trademark.

  3. The application for trademark must contain:

   1) application for state registration of designation as trademark with the applicant’s indication, his place of
residence or place of location;

  2) claimed designation;

   3) list of goods with which respect the state registration is requested and which are grouped on classes of
International classification of goods and services for registration of marks;

  4) description of claimed designation.

   4. The application for trademark is signed by the applicant, and in case of filing the application through patent
attorney or other representative - applicant or his representative filing the application.

  5. The following must be enclosed to the application for trademark:

  1) document, confirming payment of duty for filing the application in the fixed amount;

  2) charter of collective mark, if the application is filed for collective mark (clause 1 article 1511).
   6. The application for trademark is filed in Russian.

   The documents, enclosed to the application, are presented in Russian or other language. If these documents are
presented in other language, their translation into Russian is enclosed to the application. The translation into Russian
can be presented by the applicant within two months from the day of sending him the notice of necessity of executing
this demand by the federal executive body on intellectual property.

   7. The requirements to the documents, included in the application for trademark and enclosed to it (documents of
application), are established by the federal executive body, exercising standard and legal regulation in the sphere of
intellectual property.

   8. The date of filing the application for trademark is the day of arriving to the federal executive body on intellectual
property documents, provided by subparagraphs 1-3 clause 3 of the present article, and if the mentioned documents
are not presented concurrently, - day of arriving the last document.



      Article 1493. Right of familiarization with documents of application for trademark

   1. After filing the application for trademark to the federal executive body on intellectual property any person has the
right to familiarize himself with documents of the application, presented for the date of its filing.

   2. The procedure of familiarization with documents of the application and issue of copies of such documents is
established by the federal executive body, exercising standard and legal regulation in the sphere of intellectual
property.



                                        Article 1494. Priority of trademark

  1. The priority of trademark is established by the date of filing the application for trademark to the federal executive
body on intellectual property.

     2. The priority of trademark on the application filed by the applicant in accordance with clause 2 article 1502 of the
present Code (divisional application) on the basis of the other application of this applicant for the same designation
(initial application) is established by the date of filing initial application to the federal executive body on intellectual
property, and in presence of right to earlier priority on initial application, - by the date of this priority, if for the date of
filing the divisional application the initial application was not withdrawn and recognized to be withdrawn and the
divisional application is filed before taking decision on the initial application.



                     Article 1495. Convention and exhibition priority of trademark

    1. The priority of trademark can be established by the date of filing the first application for trademark in the member
state of Paris convention on protection of industrial property (convention priority), if the application for trademark was
filed to the federal executive body on intellectual property within six months from the mentioned date.

   2. The priority of trademark, placed on exhibits of official or officially recognized international exhibitions, organized
on the territory of one member state of Paris convention on protection of industrial property, can be established by the
date of starting open exhibit demonstration on exhibition (exhibition priority), if the application for trademark was filed
to the federal executive body on intellectual property within six months from the mentioned date.

   3. The applicant, wishing to use the right of convention or exhibition priority, is obliged to mention it while filing the
application for trademark or within two months from the day of its filing to the federal executive body on intellectual
property and enclose necessary documents, confirming propriety of such demand, or present these documents to the
mentioned federal body within three months from the day of filing such application.

   4. The priority of trademark can be established by the date of international registration of trademark in accordance
with the RF international agreements.
          Article 1496. Consequences of coincidence of priority dates of trademarks

   1. If the applications for identical trademarks with respect to lists of goods that fully or partially coincide were filed
by various applicants and these applications have the same priority date, the stated trademark with respect to goods,
by which the stated lists coincide, can be registered only for one applicant’s name, determined by the agreement
between them.

   2. If the applications for identical trademarks with respect to lists of goods that fully or partially coincide were filed
by the same applicant and these applications have the same priority date, the trademark with respect of goods, by
which the stated lists coincide, can be registered only by one of applications, chosen by the applicant.
   3. If the applications for identical trademarks were filed by various applicants (clause 1 of the present article), they
must within six months from the day of receiving by the federal executive body on intellectual property of the
corresponding notice to inform this federal body about reached agreement on which of applications the state
registration of trademark is requested. The applicant, filed applications for identical trademarks, must inform about his
choice within the same term (clause 2 of the present article).

   If within the established term the mentioned report or petition on prolonging the established term is not received by
the federal executive body on intellectual property, the applications for trademarks are considered to be withdrawn on
the basis of such federal body’s decision.



            Article 1497. Expertise of application for trademark and making changes
                                   to documents of application

   1. The expertise of application for trademark is made by the federal executive body on intellectual property.

  The expertise of application includes formal expertise and expertise of designation, stated as trademark (stated
designation).

  2. While making expertise of the application for trademark the applicant is entitled before taking the decision on it to
add, specify or correct materials of the application, as well as by way of presenting additional materials.

   If there is a list of goods in additional materials, not mentioned in the application for the date of its filing, or the
stated designation of trademark is significantly changed, such additional materials are not accepted for consideration.
They can be drawn up and filed by the applicant as independent application.

   3. The change of data about the applicant in the application for trademark, in particular in case of transfer or lapse
of right to registration of trademark or owing to change of name or applicant’s name, as well as correction of obvious
and technical mistakes in documents of the application can be made before the state registration of trademark.

   4. While making expertise of the application for trademark the federal executive body on intellectual property has
the right to request additional materials from the applicant, without which it is impossible to make expertise.

   Additional materials must be presented by the applicant within two months from the day of receiving the
corresponding request by him or copies of materials, mentioned in the applicant’s request in return, on condition that
these copies were requested by the applicant within one month from the day of receiving the request of the federal
executive body on intellectual property by him. If the applicant within the mentioned term does not present requested
additional materials or petition on prolonging the term, established for their presentation, the application is considered
to be withdrawn on the basis of the decision of the federal executive body on intellectual property. Upon the
applicant’s petition the term, established for presenting additional materials, can be prolonged by the mentioned
federal body, but not more than six months.

   The rules of clause 2 of the present article cover additional materials that contain the list of goods, not mentioned in
the application for the date of its filing, or significantly change the stated name of trademark.



                      Article 1498. Formal expertise of application for trademark
  1. The formal expertise of application for trademark is made within one month from the day of its filing to the federal
executive body on intellectual property.

   2. While making formal expertise of application for trademark the presence of necessary documents of the
application and their correspondence to the established requirements is verified. By the results of formal expertise of
application the application is accepted for consideration or the decision on rejection of its acceptance for consideration
is taken. The federal executive body on intellectual property informs the applicant about the results of formal
expertise.

   The date of fling the application, established in accordance with clause 8 article 1492 of the present Code, is
informed concurrently with the notice about positive result of formal expertise of application.



                     Article 1499. Expertise of designation, stated as trademark

  1. The expertise of designation, stated as trademark (expertise of stated designation), is made by the application,
accepted for consideration as a result of formal expertise.

   While making expertise the correspondence of the stated designation to the requirements of article 1477 and
clauses 107 article 1483 of the present Code is verified and the priority of trade mark is established.

  2. By the results of expertise of the stated designation the federal executive body on intellectual property takes the
decision on state registration of trademark or rejection of its registration.

   3. By taking the decision by the results of expertise of the stated designation the notice in writing can be sent to the
applicant on results of verifying the correspondence of the stated designation to the requirements of paragraph two
clause 1 of the present article with the proposal to present his reasons concerning causes given in the notice. The
applicant’s reasons ate taken into account while taking the decision by the results of expertise of the stated
designation, if they were presented within six months from the day of sending the mentioned notice to the applicant.

   4. The decision on state registration of trademark can be reviewed by the federal executive body on intellectual
property before the registration of trademark in connection with:

  1) arriving the application, having earlier priority in accordance with articles 1494, 1495 and 1496 of the present
Code, for designation with respect to goods, identical or similar to it to the extent of confusion;

  2) state registration of designation, identical or similar to the extent of confusion with trademark, mentioned in the
decision on registration, as name of place of goods’ origin;

   3) revealing the application, containing identical trademark, or discovering protected identical trademark with
respect to lists of goods that fully or partially coincide with the same or earlier priority of trademark;

  4) applicant’s change which in case of the state registration of the stated designation as trademark can result in
misleading the customer concerning goods or their producer.



                   Article 1500. Disputing decisions on application for trademark

   1. The decisions of the federal executive body on intellectual property on rejection of accepting the application for
trademark for consideration, on state registration of trademark, on rejection of state registration of trademark and on
considering the application for trademark to be withdrawn can be disputed by the applicant by filing the objection to
the chamber of patent disputes within three months from the day of receiving the corresponding decision or copies of
materials opposed to the application, requested from the mentioned federal executive body, on condition that the
applicant has requested copies of these materials within one month from the day of receiving the corresponding
decision by him.

  2. Within the period of considering the objection by the chamber of patent disputes the applicant can make
changes in documents of the application that are permitted in accordance with clauses 2 and 3 article 1497 of the
present article, if such changes eliminate reasons, caused the only ground for rejection in the state registration of
trademark, and making such changes permits to take the decision on state registration of trademark.



                       Article 1501. Renewal of missed terms, connected with
                            making expertise of application for trademark

   The terms, provided by clause 4 article 1497 and clause 1 article 1500 of the present Code and missed by the
applicant, can be renewed by the federal executive body on intellectual property by the applicant’s petition, filed within
two months from the day of expiring these terms, on condition of confirming the validity of reasons by which these
terms were not observed, and payment of the corresponding duty. The petition on renewing the missed term is filed by
the applicant to the mentioned federal body concurrently with additional materials, requested in accordance with
clause 4 article 1497 of the present Code, or with petition on prolonging the term of their presentation or concurrently
with filing the objection to the chamber of patent disputes on the basis of article 1500 of the present Code.



                         Article 1502. Withdrawal of application for trademark
                               and separation of other application from it

   1. The application for trademark can be withdrawn by the applicant at any stage of its consideration, but not later
than the date of state registration of trademark.

   2. Within the period of making expertise of the application for trademark the applicant is entitled before taking the
decision on it to file the separated application for the same designation to the federal executive body on intellectual
property. Such application must contain the list of goods from the number of stated ones in the initial application for
the date of its filing to this federal body and heterogeneous with other goods from the list included in the initial
application, with which respect the initial application remains valid.



                      Article 1503. Procedure of state registration of trademark

   1. On the basis of the decision on state registration of trademark (clause 2 article 1499) the federal executive body
on intellectual property within one month from the day of receiving the document on paying duty for state registration
of trademark and granting the certificate on it makes state registration of trademark in the State register of trademarks.

   The trademark, data on rightholder, priority date of trademark, list of goods, for which individualization the
trademark is registered, date of its state registration, other data relating to registration of trademark, as well as
subsequent changes of these data, are entered in the State register of trademarks.

   2. If the document on paying duty, mentioned in clause 1 of the present article, is not presented in the established
order, the registration of trademark is not made, and the corresponding application for trademark is considered to be
withdrawn on the basis of the decision of the federal executive body on intellectual property.



                             Article 1504. Granting certificate for trademark

   1. The certificate for trademark is granted by the federal executive body on intellectual property within one month
from the day of state registration of trade mark in the State register of trademarks.

  2. The form of the certificate for trademark and list of data, mentioned in it, are established by the federal executive
body, exercising standard and legal regulation in the sphere of intellectual property.

Article 1505. Making changes in State register of trademarks and certificate for trademark
   1. The rightholder is obliged to notify the federal executive body on intellectual property on any changes, relating to
state registration of trademark, in particular in the rightholder’s name, on reducing the list of goods, for which
individualization the trademark is registered, on changing certain elements of trademark, not changing its essence.

   2. In case of disputing provision of legal protection to trademark (article 1512) from state registration of trademark,
being valid with respect to several goods, on the righthholder’s application the separate registration of such trademark
can be given for one product or part of products from the number of the stated ones in the initial registration,
heterogeneous with products, which list is kept in the initial registration. Such application can be filed by the
rightholder before taking the decision by results of considering dispute on registration of trademark.

  3. The entries on changes, relating to state registration of trademark, are made in the State register of trademarks
and certificate for trademark on condition of paying the corresponding duty.

   4. The federal executive body on intellectual property on its own initiative can make changes in the State register of
trademarks and certificate for trademark for correcting obvious and technical mistakes, previously notified the
rightholder about it.



                Article 1506. Publication of data on state registration of trademark

    The data, relating to state registration of trademark and entered in the State register of trademarks in accordance
with article 1503 of the present Code, are published by the federal executive body on intellectual property in the
official bulletin immediately after registration of trademark in the State register of trademarks or after making the
corresponding changes in the State register of trademarks.



                      Article 1507. Registration of trademarks in foreign states
                              and international registration of trademark

   1. The Russian legal persons and the RF citizens are entitled to register trademark in foreign states or make its
international registration.

   2. The application for international registration of trademark is filed through the federal executive body on
intellectual property.



                       4. Peculiarities of legal protection of well-known trademark



                                    Article 1508. Well-known trademark
   1. On the person’s application who considers the used trademark or designation, used as trademark, trade mark
that is well-known in the RF, the trademark, protected on the RF territory on the basis of its state registration or in
accordance with the RF international agreement, or designation, used as trademark, but not having legal protection on
the RF territory, by the decision of the federal executive body on intellectual property can be considered trademark
that is well-known in the RF, if this trademark or this designation as a result of heavy use have become well-known in
the RF among the corresponding customers with respect to the applicant’s goods for the date, mentioned in the
application.

  The trademark and designation, used as trademark, can not be considered well-known trademarks, if they have
become well-known after the priority date of other person’s trademark, identical or similar to them to the extent of
confusion, that is intended for use with respect to homogeneous goods.

  2. The legal protection, provided by the present Code for trademark, is provided to well-known trademark.
   The provision of legal protection to well-known trademark means recognition of the exclusive right to well-known
trademark.

  The legal protection of well-known trademark is valid permanently.

   3. The legal protection of well-known trademark also covers goods that are heterogeneous with those ones, with
which respect it is considered well-known, if the use of trademark by another person with respect to the mentioned
goods is associated by customers with the holder of the exclusive right to well-known trademark and can infringe legal
interests of such holder.



               Article 1509. Provision of legal protection to well-known trademark

  1. The legal protection is provided to well-known trademark on the basis of the decision of the federal executive
body on intellectual property taken in accordance with clause 1 article 1508 of the present Code.

   2. The trademark that is considered well-known is entered by the federal executive body on intellectual property in
the List of trademarks well-known in the RF (List of well-known trademarks).

  3. The certificate for well-known trademark is granted by the federal executive body on intellectual property within
one month from the day of entering trademark in the List of well-known trademarks.

   The form of certificate for well-known trademark and list of data, mentioned in this certificate, are established by the
federal executive body, exercising standard and legal regulation in the sphere of intellectual property.

    4. The data, relating to well-known trademark, are published by the federal executive body on intellectual property
in the official bulletin immediately after their entry in the List of well-known trademarks.



                         5. Peculiarities of legal protection of collective mark



                                    Article 1510. Right to collective mark

  1. The association of the persons, which creation and activity do not conflict with the state’s legislation in which it
was created, has the right to register collective mark in the RF.

  The collective mark is a trademark, intended for designation of goods, produced or sold by persons, included in this
association, and having same characteristics of their quality or other common characteristics.

  The collective mark can be used by any person, included in the association.

  2. The right to collective mark can not be alienated and be the subject of license contract.

   3. The person, included in the association that has registered collective mark, has the right to use its trade mark
alongside with collective mark.



                            Article 1511. State registration of collective mark

   1. The charter of collective mark is enclosed to the application for registering collective mark (application for
collective mark), filed to the federal executive body on intellectual property which must contain:

  1) name of association, authorized to register collective mark in its name (rightholder);

  2) list of persons, having the right to use this collective mark;
   3) purpose of registering collective mark;

   4) list and uniform characteristics of quality or other common characteristics of goods that will be designated by
collective mark;

   5) terms of using collective mark;

   6) provisions on procedure of control for using collective mark;

   7) provisions on responsibility for violating the charter of collective mark.

   2. The data on persons, having the right of using collective mark, are entered in the State register of trademarks
and certificate for collective mark in addition to data, provided by articles 1503 and 1504 of the present Code. These
data, as well as extract from the charter of collective mark on uniform characteristics of quality and other common
characteristics of goods, with which respect this mark is registered, is published by the federal executive body on
intellectual property in the official bulletin.

  The rightholder notifies the federal executive body on intellectual property on changes in the charter of collective
mark.

  3. In case of using collective mark on goods, not having uniform characteristics of their quality or other common
characteristics, legal protection of collective mark can be fully or partially ceased ahead of time on the basis of court
decision, taken on the application of any interested person.

  4. The collective mark and application for collective mark can be transformed correspondingly in trademark and
application for trademark and vice versa. The procedure of such transformation is established by the federal executive
body, exercising standard and legal regulation in the sphere of intellectual property.



                               6. Termination of exclusive right to trademark



                             Article 1512. Grounds of dispute and declaring
                            provision of legal protection to trademark invalid

   1. The dispute of providing legal protection to trademark means dispute of decision on state registration of
trademark (clause 2 article 1499) and recognition of the exclusive right to trademark based on it (articles 1477 and
1481).

  Declaring provision of legal protection to trademark invalid results in canceling the decision of the federal executive
body on intellectual property on registering trademark.

   2. The provision of legal protection to trademark can be disputed and declared invalid:

   1) fully or partially within the whole period of validity of the exclusive right to trademark, if legal protection was
provided to it with violating the requirements of clauses 1-5, 8 and 9 article 1483 of the present Code;

   2) fully or partially within five years from the day of publishing data on state registration of trademark in the official
bulletin (article 1506), if legal protection was provided to it with violating the requirements of clauses 6 and 7 article
1483 of the present Code;

   3) fully within the whole period of validity of the exclusive right to trademark, if legal protection was provided to it
with violating the requirements of article 1478 of the present Code;

   4) fully within the whole period of validity of legal protection, if legal protection was provided to trademark with later
priority with respect to another person’s registered trademark, considered well-known, whose legal protection is
exercised in accordance with clause 3 article 1508 of the present Code;
   5) fully within the whole period of validity of the exclusive right to trademark, if legal protection was provided to it in
the agent’s or representative’s name of the person who is the holder of this exclusive right’ in one member state of
Paris convention on protecting industrial property, with violating the requirements of this convention;

   6) fully or partially within the whole period of validity of legal protection, if the rightholder’s actions, connected with
state registration of trademark, are considered abuse of right or unfair competition in the established order.

   3. The provision of legal protection to well-known trade mark by means of its registration in the RF can be disputed
and declared invalid fully or partially within the whole period of validity of the exclusive right to this trademark, if legal
protection was provided to it with violating the requirements of clause 1 article 1508 of the present Code.



                      Article 1513. Procedure of dispute and declaring provision
                                of legal protection to trademark invalid

   1. The provision of legal protection to trademark can be disputed on the grounds and within the terms that are
provided by article 1512 of the present Code, by filing the objection against such provision to the chamber of patent
disputes or federal executive body on intellectual property.

   2. The objections against provision of legal protection to trademark on the grounds, provided by subparagraphs 1-4
clause 2 and clause 3 article 1512 of the present Code, can be filed to the chamber of patent disputes by interested
person.

   3. The objection against provision of legal protection to trademark on the ground, provided by subparagraph 5
clause 2 article 1512 of the present Code, can be filed to the chamber of patent disputes by interested holder of the
exclusive right to trademark in one member state of Paris convention on protecting industrial property.

   The objection against provision of legal protection to trademark on the ground, provided by subparagraph 6 clause
2 article 1512 of the present Code, is filed by interested person to the federal executive body on intellectual property.

   4. The decisions of the federal executive body on intellectual property on declaring provision of legal protection to
trademark invalid or on rejection of such declaration come into force in accordance with regulations of article 1248 of
the present Code and can be disputed in court.

    5. In case of declaring provision of legal protection to trademark fully invalid, the certificate for trademark and entry
in the State register of trademarks are cancelled.

   In case of declaring provision of legal protection to trademark partially invalid the new certificate for trademark is
granted and the corresponding changes are entered in the State register of trademarks.

   6. The license contracts, concluded before taking the decision on declaring provision of legal protection to
trademark invalid, preserve their validity to the extent they were executed by taking the decision.



                      Article 1514. Termination of legal protection of trademark

   1. The legal protection of trademark is terminated:

   1) in connection with expiring the period of validity of the exclusive right to trademark;

   2) on the basis of court decision, taken in accordance with clause 3 article 1511 of the present Code, on early
termination of legal protection of collective mark in connection with using this mark on goods, not having uniform
characteristics of their quality or other common characteristics,

   3) on the basis of the decision, taken in accordance with article 1486 of the present Code, on early termination of
legal protection of trademark in connection with its disuse;
   4) on the basis of the decision of the federal executive body on intellectual property on early termination of legal
protection of trademark in case of terminating legal person-rightholder or terminating business activity of sole trader-
rightholder;

  5) in case of the rightholder’s rejection of the right to trademark;

  6) on the basis of the decision of the federal executive body on intellectual property, taken on the interested
person’s application, on early termination of legal protection of trademark in case of its transformation in widely used
designation as designation of goods of certain type.

   2. The legal protection of well-known trademark is terminated on grounds, provided by subparagraphs 3-5 clause 1
of the present article, as well as on the decision of the federal executive body on intellectual property in case of losing
attributes by well-known trademark, established by paragraph one clause 1 article 1508 of the present Code.

   3. While transferring the exclusive right to trademark without concluding the contract with the rightholder (article
1241) the legal protection of trademark can be terminated by court decision at the interested person’s suit, if it is
proved that such transfer misleads customers concerning goods or their producers.

  4. The termination of legal protection of trademark means termination of the exclusive right to trademark.




                                      7. Protection of right to trademark



                        Article 1515. Responsibility for illegal use of trademark

   1. Goods, labels, packages of goods, on which the trademark or designation similar to it to the extent of confusion
are illegally placed, are infringing.

   2. The rightholder is entitled to demand retirement and destruction at the violator’s expense of infringing goods,
labels, packages of goods, on which the illegally used trademark or designation similar to it to the extent of confusion
is placed. When putting such goods in circulation is necessary in public interests, the rightholder is entitled to demand
removal at the violator’s expense from infringing goods, labels, packages of goods of illegally used trademark or
designation similar to it to the extent of confusion

  3. The person, violated the exclusive right to trademark in executing works or rendering services, is obliged to
remove trademark or designation similar to it to the extent of confusion from materials by which the execution of such
works or rendering of services is accompanied, in particular from documentation, advertising, signboards.

  4. The rightholder is entitled to demand from the violator at his option paying reward instead of recovering losses:

   1) in the amount from ten thousand to five million rubles, fixed at the court’s discretion proceeding from the nature
of violation;

   2) in the double amount of goods’ cost on which the trademark is illegally placed, or in the double amount of cost of
right to using trademark, fixed proceeding from the price that in comparable circumstances is usually charged for legal
use of trademark.

   5. The person, performing preventive marking with respect to trademark that is not registered in the RF, bears
responsibility in the order, provided by the RF legislation.



                                § 3. Right to name of place of goods’ origin
                                                1. Basic provisions



                               Article 1516. Name of place of goods’ origin

   1. The name of place of goods’ origin to which the legal protection is provided is the designation, being or having
modern or historical official or non-official full or abbreviated name of country, urban or rural population, locality or
other geographical object, as well as designation, derived from such name and become known as a result of its use
with respect of goods, which peculiar properties are exclusively or mainly determined by natural conditions and (or)
human factors that are typical for this geographical object. The exclusive right (articles 1229 and 1519) of such
product’s producers to use this name can be recognized.

   2. The designation, though being or having the name of geographical object, but become widely used in the RF as
designation of goods of certain type, not connected with the place of its production, is not considered the name of
place of goods’ origin.



                    Article 1517. Validity of exclusive right to use name of place
                                 of goods’ origin on the RF territory

   1. The exclusive right to use the name of place of goods’ origin, registered by the federal executive body on
intellectual property, is valid on the RF territory, as well as in other cases, provided by the RF international agreement.

   2. The state registration of the name of geographical object as the name of place of goods’ origin that is located in
the foreign state, is permitted if the name of this object is protected as such name in the country of goods’ origin. Only
person, whose rights to use such name is protected in the country of goods’ origin, can be the holder of the exclusive
right to use the name of the mentioned place of goods’ origin.



                 Article 1518. State registration of name of place of goods’ origin

  1. The name of place of goods’ origin is recognized and protected by virtue of state registration of such name.
  The name of place of goods’ origin can be registered by one or several citizens or legal persons.

   2. The exclusive right to use this name is granted to persons, registered the name of place of goods’ origin, which
is certified by the certificate, on condition that the product made by these persons meets the requirements of clause 1
article 1516 of the present Code.

   The exclusive right to use the name of place of goods’ origin with respect to the same name can be granted to any
person who within the borders of the same geographical object makes the product, having the same peculiar
properties.



                                  2. Using name of place of goods’ origin



                   Article 1519. Exclusive right to name of place of goods’ origin

   1. The exclusive right to use the name of place of goods’ origin belongs to the rightholder in accordance with article
1229 of the present Code by any way, not conflicting with law (exclusive right to name of place of goods’ origin),
including by ways, mentioned in clause 2 of the present article.

  2. The placing of such name is considered as using the name of place of goods’ origin, in particular:
   1) on goods, labels, packages of goods that are produced, offered to sale, sold, shown at exhibitions and fairs or
otherwise put into civil circulation on the RF territory, or kept or transferred for this purpose, or imported on the RF
territory;

   2) on forms, accounts, other documentation and in printing editions, connected with putting goods in civil
circulation;

  3) in offers to sale of goods, as well as in notices, on signboards and advertisement;

  4) in the Internet, as well as in domain name and other methods of addressing.

   3. It is not permitted to use the registered name of place of goods’ origin by persons, not having the corresponding
certificate, even if at the same time the original name of place of goods’ origin is indicated or the name is used in
translation or in combination with such words as “kind”, “type”, “imitation”, etc, as well as use of similar designation for
any goods that is capable to mislead customers concerning the place of goods’ origin and peculiar properties (illegal
use of name of place of goods’ origin).

   Goods, labels, packages of goods, on which the names of places of goods’ origin or designations similar to them to
the extent of confusion are illegally used, are infringing.

   4. It is not permitted to dispose the exclusive right to name of place of goods’ origin, as well as by means of its
alienation or granting the right of using this name to another person.



                  Article 1520. Protection mark of name of place of goods’ origin

   The holder of the certificate of the exclusive right to name of place of goods’ origin for notifying about his exclusive
right can place next to the name of place of goods’ origin the protection mark as verbal designation “registered name
of place of goods’ origin” or “registered NPGO”, indicating on the fact that the used designation is the name of place of
goods’ origin, registered in the RF.



           Article 1521. Validity of legal protection of name of place of goods’ origin
   1. The name of place of goods’ origin is protected within the whole period of existing the possibility to produce
goods which peculiar properties are exclusively or mainly determined by natural conditions and (or) human factors
that are typical for the corresponding geographical object (article 1516).

   2. The period of validity of the certificate of the exclusive right to name of place of goods’ origin and procedure of
prolonging this period are determined by article 1531 of the present Code.



                3. State registration of name of place of goods’ origin and granting
                          exclusive right to name of place of goods’ origin



                     Article 1522. Application for name of place of goods’ origin

   1. The application for state registration of the name of place of goods’ origin and granting the exclusive right to
such name, as well as application for granting the exclusive right to earlier registered name of place of goods’ origin
(application for name of place of goods’ origin) is filed to the federal executive body on intellectual property.

  2. The application for the name of place of goods’ origin must relate to one name of place of goods’ origin.

  3. The application for the name of place of goods’ origin must contain:
   1) application for state registration of the name of place of goods’ origin and granting the exclusive right to such
name or only on granting the exclusive right to earlier registered name of place of goods’ origin with the applicant’s
indication, as well as his place of residence or location;

  2) stated designation;

   3) indication of goods with which respect the state registration of the name of place of goods’ origin and granting
the exclusive right to such name or only on granting the exclusive right to earlier registered name of place of goods’
origin is requested;

  4) indication of place of goods’ origin (production) (limits of geographical object), which natural conditions and (or)
human factors exclusively or mainly determine or can determine peculiar properties of goods;

  5) description of goods’ peculiar properties.

  4. The application for the name of place of goods’ origin is signed by the applicant, and in case of filing the
application through patent attorney or other representative - by the applicant or his representative filing the
application.

   5. If the geographical object, which name is stated as the name of place of goods’ origin, is located on the RF
territory, the body’s opinion, authorized by the RF Government, is enclosed to the application, that within the limits of
this geographical object the applicant produces goods which peculiar properties are exclusively or mainly determined
by natural conditions and (or) human factors that are typical for the geographical object.

   The competent body’s opinion, determined in the order, established by the RF Government, is enclosed to the
application for granting the exclusive right to earlier registered name of place of goods’ origin, being on the RF
territory, that within the limits of this geographical object the applicant produces goods, having peculiar properties,
mentioned in the RF State register of names of places of goods’ origin (State register of names) (article 1529).

   If the geographical object, which name is stated as the name of place of goods’ origin, is located outside the RF
territory, the document, confirming the applicant’s right to stated designation of place of goods’ origin in the country of
goods’ origin, is enclosed to the application.

  The document, confirming payment of duty for filing the application in the fixed amount, is also enclosed to the
application.

  6. The application for the name of place of goods’ origin is filed in Russian.

   The documents, enclosed to the application, are presented in Russian or other language. If these documents are
presented in other language, their translation into Russian is enclosed to the application. The translation into Russian
can be presented by the applicant within two months from the day of sending him notice on necessity of executing this
requirement by the federal executive body on intellectual property.

    7. The requirements to documents, included in the application for the name of place of goods’ origin or enclosed to
it (documents of application), are established by the federal executive body, exercising standard and legal regulation
in the sphere of intellectual property.

   8. The date of filing the application for the name of place of goods’ origin is the date of arriving documents to the
federal executive body on intellectual property, provided by clause 3 of the present article, and if the mentioned
documents are not presented concurrently, - day of arriving the last document.



            Article 1523. Expertise of application for name of place of goods’ origin
                       and making changes to documents of application

   1. The expertise of application for the name of place of goods’ origin is made by the federal executive body on
intellectual property.

  The expertise of application includes formal expertise and expertise of designation, stated as the name of place of
goods’ origin (stated designation).
   2. While making expertise of the application for the name of place of goods’ origin the applicant is entitled before
taking the decision on it to add, specify or correct materials of the application.

  If additional materials change the application in essence, these materials are not accepted for consideration and
can be drawn up by the applicant as independent application.

   3. While making expertise of the application for the name of place of goods’ origin the federal executive body on
intellectual property has the right to request additional materials from the applicant, without which it is impossible to
make expertise.

   Additional materials must be presented by the applicant within two months from the day of receiving the
corresponding request by him. Upon the applicant’s petition the term can be prolonged on condition that the petition
has arrived before expiring this term. If the applicant has violated the mentioned term or remained the request without
reply, the application is considered to be withdrawn on the basis of the decision of the federal executive body on
intellectual property.



       Article 1524. Formal expertise of application for name of place of goods’ origin
    1. The formal expertise of application for the name of place of goods’ origin is made within two months from the day
of its filing to the federal executive body on intellectual property.

   2. While making formal expertise of application for the name of place of goods’ origin the presence of necessary
documents of the application and their correspondence to the established requirements is verified. By the results of
formal expertise the application is accepted for consideration or the decision on rejection of its acceptance for
consideration is taken. The applicant is informed about the results of formal expertise.

   The date of fling the application, established in accordance with clause 8 article 1522 of the present Code, is
informed concurrently with the notice about positive result of formal expertise of application.



       Article 1525. Expertise of designation stated as name of place of goods’ origin

   1. The expertise of designation, stated as the name of place of goods’ origin (expertise of stated designation), for
correspondence of such designation to the requirements of article 1516 of the present Code, is made by the
application, accepted for consideration as a result of formal expertise.

   While making expertise of the stated designation the validity of indicating the place of goods’ origin (production) is
also verified on the RF territory.

   The expertise of the stated designation for its correspondence to the requirements of paragraph two clause 5
article 1522 of the present Code is made by the application, accepted for granting the exclusive right to earlier
registered name of place of goods’ origin.

   3. Before taking the decision by the results of expertise of the stated designation the notice in writing is sent to the
applicant on results of verifying the correspondence of the stated designation to the requirements of article 1516 of the
present Code with the proposal to present his reasons concerning causes given in the notice in case of supposed
rejection in state registration of the name of place of goods’ origin and (or) granting the exclusive right to such name.
The applicant’s reasons ate taken into account while taking the decision by the results of expertise of the stated
designation, if they are presented within six months from the day of sending the mentioned notice to the applicant.



         Article 1526. Decision taken by results of expertise of the stated designation

   By the results of expertise of the stated designation the federal executive body on intellectual property takes the
decision on state registration of the name of place of goods’ origin and granting the exclusive right to such name or
rejection of state registration of the name of place of goods’ origin and (or) granting the exclusive right to such name.
   If the granting of the exclusive right to earlier registered name was requested in the application for the name of
place of goods’ origin, the federal executive body on intellectual property takes the decision on granting or rejection of
granting such exclusive right.



           Article 1527. Withdrawal of application for name of place of goods’ origin

   The application for the name of place of goods’ origin can be withdrawn by the applicant at any stage of its
consideration before entering data on state registration of the corresponding name of place of goods’ origin and (or)
granting the exclusive right to such name in the State register of names.



                          Article 1528. Disputing decisions on application
                    for name of place of goods’ origin. Renewal of missed terms

   1. The decisions of the federal executive body on intellectual property on rejection of accepting the application for
the name of place of goods’ origin for consideration, on considering such application to be withdrawn, as well as
decisions of this body, taken by the results of expertise of the stated designation (article 1526), can be disputed by the
applicant by filing the objection to the chamber of patent disputes within three months from the day of receiving the
corresponding decision.

   2. The terms, provided by clause 3 article 1523 of the present Code and clause 1 of the present article missed by
the applicant, can be renewed by the federal executive body on intellectual property by the applicant’s petition, filed
within two months from the day of expiring these terms, on condition of confirming the validity of reasons by which this
term was not observed, and payment of the corresponding duty.

   The petition on renewal of missed terms is filed by the applicant to the federal executive body on intellectual
property concurrently with additional materials, requested in accordance with clause 3 article 1523 of the present
Code or petition on prolonging the term of their presentation or concurrently with filing the objection to the federal
executive body on intellectual property on the basis of clause 1 of the present article.



        Article 1529. Procedure of state registration of name of place of goods’ origin

   1. On the basis of the decision, taken by the results of expertise of the stated designation (article 1526), the federal
executive body on intellectual property makes the state registration of the name of place of goods’ origin in the State
register of names.

   2. The name of place of goods’ origin, data on the holder of the certificate for the exclusive right to the name of
place of goods’ origin, indication and description of goods’ peculiar properties for which individualization the name of
place of goods’ origin is registered, other data, relating to state registration and granting the exclusive right to the
name of place of goods’ origin, prolongation of the period of the certificate’s validity, as well as subsequent changes of
these data are entered in the State register of names.



 Article 1530. Granting certificate of the exclusive right to name of place of goods’ origin

   1. The certificate of the exclusive right to the name of place of goods’ origin is granted by the federal executive
body on intellectual property within one month from the day of receiving the document on paying duty for granting the
certificate of the exclusive right to the name of place of goods’ origin.

   If the document, confirming the payment of the fixed duty, was not presented in the established order, the
certificate is not granted.
    2. The form of certificate of the exclusive right to the name of place of goods’ origin and list of data, indicated in
such certificate, are established by the federal executive body, exercising standard and legal regulation in the sphere
of intellectual property.



                               Article 1531. Period of validity of certificate
                           of exclusive right to name of place of goods’ origin

     1. The certificate of the exclusive right to the name of place of goods’ origin is valid within ten years from the day of
filing the application for the name of place of goods’ origin to the federal executive body on intellectual property.

   2. The period of validity of the certificate of the exclusive right to the name of place of goods’ origin can be
prolonged by the application of the certificate’s holder and on condition of presenting the competent body’s opinion by
him, determined in the order, established by the RF Government, that the certificate’s holder produces goods within
the limits of the corresponding geographical object, having peculiar properties, mentioned in the State register of
names.

   With respect to such name that is the name of geographical object, located outside the RF, the certificate’s holder,
instead of the opinion, mentioned in paragraph one of the present clause, presents the document, confirming his right
to the name of place of goods’ origin in the country of goods’ origin for the date of filing the application of prolonging
the period of validity of the certificate.
   The application of prolonging the period of validity of the certificate is filed within the last year of its validity.

   By the petition of the certificate’s holder six months can be given to him at the expiration of the period of validity of
the certificate for filing the application of prolonging this term on condition of paying additional duty.

   The period of validity of the certificate is prolonged each time for ten years.

   3. The entry of prolonging the period of validity of the certificate of the exclusive right to the name of place of goods’
origin is made by the federal executive body on intellectual property in the State register of names and mentioned
certificate.



                    Article 1532. Making changes in State register of names
              and certificate of the exclusive right to name of place of goods’ origin

  1. The holder of the certificate of the exclusive right to the name of place of goods’ origin must notify the federal
executive body on intellectual property about changing his name, other changes, relating to state registration of the
name of place of goods’ origin and granting the exclusive right to this name (clause 2 article 1529).

  The entry of change is made in the State register of names and certificate on condition of paying the corresponding
duty.

  2. The federal executive body on intellectual property on its own initiative can make changes in the State register of
names and certificate of the exclusive right to the name of place of goods’ origin for correcting obvious and technical
mistakes, previously notified the certificate’s holder about it.



  Article 1533. Publication of data on state registration of name of place of goods’ origin

  The data, relating to state registration of the name of place of goods’ origin and granting the exclusive right to such
name and entered in the State register of names in accordance with articles 1529 and 1532 of the present Code,
except for the data, containing description of goods’ peculiar properties, are published by the federal executive body
on intellectual property in the official bulletin directly after their entry in the State register of names.
         Article 1534. Registration of name of place of goods’ origin in foreign states

   1. The Russian legal persons and the RF citizens have the right to register the name of place of goods’ origin in
foreign states.

   2. The application for registering the name of place of goods’ origin in foreign state can be filed after state
registration of the name of place of goods’ origin and granting the exclusive right to such name in the RF.



               4. Termination of legal protection of name of place of goods’ origin
                      and exclusive right to name of place of goods’ origin



    Article 1535. Grounds of dispute and declaring invalid provision of legal protection
             to name of place of goods’ origin and exclusive right to such name

   1. The dispute of providing legal protection to the name of place of goods’ origin means dispute of the decision of
the federal executive body on intellectual property on state registration of the name of place of goods’ origin and
granting the exclusive right to such name, as well as granting the certificate of the exclusive right to the name of place
of goods’ origin.

   The dispute of providing legal protection to earlier registered name of place of goods’ origin means dispute of the
decision on granting the exclusive right to earlier registered name of place of goods’ origin and granting the certificate
of the exclusive right to the name of place of goods’ origin.

   The recognition of providing legal protection to the name of place of goods’ origin invalid entails the cancellation of
the decision of state registration of the name of place of goods’ origin and granting the exclusive right to such name,
annulment of the entry in the State register of names and certificate of the exclusive right to such name.

   The recognition of providing the exclusive right to earlier registered name of place of goods’ origin invalid entails
the cancellation of the decision on granting the exclusive right to earlier registered name of place of goods’ origin,
annulment of the entry in the State register of names, as well as certificate of the exclusive right to such name.

   2. The provision of legal protection to the name of place of goods’ origin can be disputed and declared invalid
within the whole period of protection, if the legal protection was provided with violating the requirements of the present
Code. The prohibition of the exclusive right to earlier registered name of place of goods’ origin can be disputed and
declared invalid within the whole period of the certificate of the exclusive right to the name of place of goods’ origin
(article 1531).

  If the use of the name of place of goods’ origin can mislead customer concerning goods or their producer in
connection with presence of trademark, having earlier priority, the provision of legal protection to the mentioned name
can be disputed and declared invalid within five years from the date of publishing data on state registration of the
name of place of goods’ origin in the official bulletin.

   3. The interested person on the grounds, provided by clause 2 of the present article, can file the objection to the
federal executive body on intellectual property.



        Article 1536. Termination of legal protection of name of place of goods’ origin
                 and validity of certificate of the exclusive right to such name

  1. The legal protection of the name of place of goods’ origin is terminated in case of:

  1) disappearing conditions that are typical for this geographical object and impossibility to produce goods, having
peculiar properties, mentioned in the State register of names with respect to this name of place of goods’ origin;
    2) losing right to this name of place of goods’ origin in the country of goods’ origin by foreign legal person, foreign
citizen or person without citizenship;

  2. The validity of the certificate of the exclusive right to the name of place of goods’ origin is terminated in case of:

   1) losing peculiar properties, mentioned in the State register of names with respect to this name of place of goods’
origin by goods, produced by the certificate’s holder;

   2) terminating legal protection of the name of place of goods’ origin on the grounds, mentioned in clause 1 of the
present article;

  3) liquidating legal person or ceasing business activity of sole trader - certificate’s holders;

  4) expiring the period of validity of the certificate;

   5) filing the corresponding application to the federal executive body on intellectual property by the certificate’s
holder.

    3. Any person on the grounds, provided by clause 1 and subparagraphs 1 and 2 clause 2 of the present article, can
file to the federal executive body on intellectual property the application on terminating legal protection of the name of
place of goods’ origin and validity of the certificate of the exclusive right to such name, and on the ground, provided by
subparagraph 3 clause 2 of the present article, - on terminating the validity of the certificate of the exclusive right to
the name of place of goods’ origin.

  The legal protection of the name of place of goods’ origin and validity of the certificate of the exclusive right to such
name are terminated on the basis of decision of the federal executive body on intellectual property.



                              5. Protection of name of place of goods’ origin



          Article 1537. Responsibility for illegal use of name of place of goods’ origin

   1. The rightholder is entitled to demand retirement and destruction at the violator’s expense of infringing goods,
labels, packages of goods, on which the illegally used name of place of goods’ origin or designation similar to it to the
extent of confusion is placed. When putting such goods in circulation is necessary in public interests, the rightholder is
entitled to demand removal at the violator’s expense from infringing goods, labels, packages of goods of illegally used
name of place of goods’ origin or designation similar to it to the extent of confusion.

  2. The rightholder is entitled to demand from the violator at his option paying reward instead of recovery of losses.

   1) in the amount from ten thousand to five million rubles, fixed at the court’s discretion proceeding from the nature
of violation;

  2) in double amount of goods’ cost on which the name of place of goods’ origin is illegally placed.

   3. The person, performing preventive marking with respect to the name of place of goods’ origin that is not
registered in the RF, bears responsibility in the order, provided by the RF legislation.



                                     § 4. Right to commercial designation



                                     Article 1538. Commercial designation
  1. The legal persons, exercising business activity (including non-commercial organizations which the right to
exercising such activity is granted by their constituent documents in accordance with law), as well as sole traders can
use commercial designations, not being firm names and not subject to compulsory inclusion in constituent documents
and unified state register of legal persons, for individualization of commercial, industrial and other enterprises (article
132).

  2. The commercial designation can be used by the rightholder for individualization of one or several enterprises.
For individualization of one enterprise two and more commercial designations can be concurrently used.



                       Article 1539. Exclusive right to commercial designation

   1. The exclusive right of using commercial designation as method of individualization of the enterprise belongs to
the rightholder by any way, not conflicting with law (exclusive right to commercial designation), as well as by indicating
commercial designation on signboards, in accounts and other documentation, notices and advertisement, on goods or
their packages, if such designation has sufficient distinctive attributes and its use by the rightholder for
individualization of his enterprise is known within the limits of certain territory.

  2. It is not permitted to use commercial designation that is capable to mislead with respect to belonging of the
enterprise to certain person, in particular designation, similar to the extent of confusion with firm name, trademark or
commercial designation, protected by the exclusive right that belongs to another person, at whom the corresponding
exclusive right has arisen earlier.

   3. The person, violated rules of clause 2 of the present article, is obliged on the rightholder’s demand to cease use
of commercial designation and recover losses, caused to the rightholder.

   4. The exclusive right to commercial designation can pass to another person (in particular by the contract, as
universal succession and on other grounds, established by law) only in the structure of the enterprise, for which
individualization such designation is used.

   If the commercial designation is used by the rightholder for individualization of several enterprises, the transfer of
the exclusive right to commercial designation to another person in the structure of one of enterprises deprives the
rightholder the right of using this commercial designation for individualization of his other enterprises.

   5. The rightholder can grant the right of using commercial designation to another person in the order and on the
terms that are provided by lease contract of enterprise (article 656) or contract of commercial concession (article
1027).



                Article 1540. Validity of exclusive right to commercial designation

  1. On the RF territory the exclusive right to commercial designation is valid that is used for individualization of the
enterprise, located on the RF territory.

  2. The exclusive right to commercial designation is terminated, if it is not used by the rightholder permanently within
one year.



                    Article 1541. Correlation of right to commercial designation
                               with rights to firm name and trademark

  1. The exclusive right to commercial designation, including the rightholder’s firm name or its separate parts,
appears and is valid irrespective of the exclusive right to firm name.

   2. The commercial designation or separate parts of this designation can be used by the rightholder in the
trademark, belonging to him. The commercial designation, included in the trademark, is protected irrespective of
protection of trademark.
                       Chapter 77. Right of using results of intellectual activity
                               in the structure of common technology



                                       Article 1542. Right to technology

   1. The common technology in terms of the present article is the result of scientific-technical activity, expressed in
objective form, that includes in this or that combination inventions, useful models, industrial samples, EC programs or
other results of intellectual activity, subject to legal protection in accordance with rules of the present section, and can
be technological basis of certain practical activity in civil or military sphere (common technology).

   The results of intellectual activity, not subject to legal protection on the basis of rules of the present section,
including technical data, other information, can also be included in the structure of common technology.

   2. The exclusive right to results of intellectual activity, that are included in the structure of common technology, are
recognized and subject to protection in accordance with rules of the present Code.

   3. The right of using results of intellectual activity in the structure of common technology as in the structure of
complex object (article 1240) belongs to the person, organized the creation of common technology (right to
technology) on the basis of contracts with holders of exclusive rights to results of intellectual activity, included in the
structure of common technology. The protected results of intellectual activity, created by the person, organized its
creation, can also be included in the structure of common technology.



                    Article 1543. Sphere of applying rules on right to technology

   The rules of the present chapter are applied to relations, connected with the right to technology of civil, military,
special or double purpose, created at the expense or with attracting funds of federal budget or budgets of the RF
subjects, allocated for paying work on state contracts, other contracts, for financing receipts and expenses by
estimates, as well as in the form of subsidies.

   The mentioned rules are not applied to relations, arising in creating common technology at the expense or with
attracting funds of federal budget or budgets of the RF subjects on the onerous basis in the form of budget credit.



   Article 1544. Right of the person, organized creation of common technology, to using
                    results of intellectual activity included in its structure

  1. The right to created technology belongs to the person, organized the creation of common technology at the
expense or with attracting funds of federal budget or budgets of the RF subjects (executor), except for the cases,
when this right belongs to the RF or the RF subject in accordance with clause 1 article 1546 of the present Code.

   2. The person, to whom the right to technology belongs in accordance with clause 1 of the present article, is
obliged to take immediate measures, provided by the RF legislation, for recognizing and granting rights to results of
intellectual activity, included in the structure of common technology (file applications for granting patents, state
registration of results of intellectual activity, introduce regime of keeping secret with respect to the corresponding
information, conclude contracts on alienating exclusive rights and license contracts with the holder of exclusive rights
to the corresponding results of intellectual activity, included in the structure of common technology, and take other
similar measures, if such measures were not taken before or when creating technology.

   3. When the present Code permits various methods of legal protection of results of intellectual activity, included in
the structure of common technology, the person, to whom the right to technology belongs, chooses that method of
legal protection which corresponds his interests and provides practical application of common technology to the
greatest extent.
             Article 1545. Obligation of practical application of common technology

   1. The person, to whom the right to technology belongs in accordance with article 1544 of the present Code, is
obliged to make its practical application (introduction).

  Any person has the same obligation, whom this right is transferred in accordance with rules of the present Code.

  2. The essence of obligation of introducing technology, terms, other conditions and procedure of this obligation,
consequences of its non-performance and terms of termination are determined by the RF Government.



                 Article 1546. Rights of the RF and the RF subjects to technology

  1. The right to technology, created at the expense or with attracting funds of federal budget, belongs to the RF
when:

  1) common technology is directly connected with securing the RF defense and safety;

   2) the RF before creating common technology or further has undertaken financing work for bringing common
technology to the stage of practical application;

   3) the executor has not provided before expiring six months after completing work on creating common technology
commission of all actions, necessary for recognizing or acquiring exclusive rights to results of intellectual activity that
are included in the structure of common technology.

   2. The right to technology, created at the expense or with attracting funds of the RF subject’s budget, belongs to
the RF subject in cases when:

   1) the RF subject before creating common technology or further has undertaken financing work for bringing
technology to the stage of practical application;

   2) the executor has not provided before expiring six months after completing work on creating common technology
commission of all actions, necessary for recognizing or acquiring exclusive rights to results of intellectual activity that
are included in the structure of common technology.

   3. When in accordance with clauses 1 and 2 of the present article the right to technology belongs to the RF or the
RF subject, the executor is obliged in accordance with clause 1 article 1544 of the present Code to take measures for
recognizing or acquiring rights to the corresponding results of intellectual activity for further transfer of these rights to
the RF and the RF subject correspondingly.

  4. The right to technology, belonging to the RF, is ruled in the order, determined by the RF Government.

  The right to technology, belonging to the RF subject, is ruled in the order, determined by executive bodies of the
RF corresponding subject.

   5. The right to technology, belonging to the RF or the RF subject, is disposed in compliance with rules of the
present section.

   The peculiarities of disposing the right to technology, belonging to the RF, are determined by the law on
transferring federal technologies.



    Article 1547. Alienation of right to technology, belonging to the RF or the RF subject

   1. In the cases, provided by subparagraphs 2 and 3 clause 1 and clause 2 article 1546 of the present Code, not
later than at the expiration of six months from the day of granting the RF or the RF subject rights to results of
intellectual activity, necessary for practical application of these results in the structure of common technology, the right
to technology must be alienated to the person, interested in introducing technology and having real possibilities for its
introduction.

   In the case, provided by subparagraph 1 clause 1 article 1546 of the present Code, the right to technology must be
alienated to the person, interested in introducing technology and having real possibilities for its introduction,
immediately after the RF has lost the necessity of preserving these rights.

  2. The right to technology is alienated to third parties by the RF or the RF subject according to general rule
onerously by results of holding competition.

   If it is impossible to alienate the right to technology, belonging to the RF or RF subject, on competitive basis, such
right is transferred by results of holding auction.

  The procedure of holding competition or auction for alienating the right to technology to the RF or RF subject, as
well as possible cases and procedure of transferring the right to technology to the RF or RF subject without holding
competition or auction are determined by law on transferring technologies.

   3. The executor, who has organized the creation of results of intellectual activity, included in the structure of
common technology, has priority right to concluding the contract with the RF or RF subject on acquiring the right to
technology in other equal terms.



                               Article 1548. Reward for right to technology

   1. The right to technology is granted gratuitously in the cases, provided by article 1544 and clause 3 article 1546 of
the present Code.

  2. When the right to technology is alienated by the contract, including by results of competition or auction, the
amount, terms and procedure of paying reward for this right are determined by the parties’ consent.

   3. When the technology’s introduction is of great social-economic importance or great importance for the RF
defense or safety, and the amount of expenses for its introduction makes economically ineffective onerous purchase
of right to technology, the right to such technology by the RF, the RF subject or other rightholder, received the
corresponding right gratuitously, can also be transferred gratuitously. The cases when it is permitted to transfer the
right to technology gratuitously are determined by the RF Government.



             Article 1549. Right to technology, belonging to several persons jointly

   1. The right to technology, created with attracting budget funds or other investors’ funds, can concurrently belong to
the RF, the RF subject, other investors of the project, as a result of which exercise the technology is created, executor
and other rightholders.

  2. If the right to technology belongs to several persons, they exercise this right jointly.

  The right to technology, belonging to several persons jointly, is disposed by them on general agreement.

   3. The transaction of disposing the right to technology, made by one of the persons to whom the right to technology
belongs, can be declared invalid on other rightholders’ demand due to the absence of necessary authorities for the
person who has made transaction, if it is proved that the other party of the transaction knew or should deliberately
have known about the absence of these authorities.

   4. The revenues from using technology, the right to which belongs to several rightholders jointly, as well as from
disposing this right are allocated among rightholders by the agreement between them.

   5. If the part of technology, the right to which belongs to several persons, can have independent importance, it can
be determined by the agreement between rightholders, the right to which part of technology belongs each of
rightholders. The part of technology can have independent importance, if it can be used irrespective of other parts of
this technology.
  Each of rightholders is entitled at his discretion to use the corresponding part of technology, having independent
importance, unless otherwise is provided by the agreement between them. At that the right to technology on the
whole, as well as disposal of the right to it is exercised by all rightholders jointly.

  The revenues from using the part of technology come to the person, having the right to this part of technology.



             Article 1550. General conditions of transferring the right to technology

   Unless otherwise is provided by the present Code or other law, the person, having the right to technology, can
dispose this right at his discretion by transferring it fully or partially to other persons by the contract or other
transaction, in particular, by the contract on alienating this right, by license contract or other contract, containing
elements of contract on alienating right or license contract.

   The right to technology is transferred concurrently with respect to all results of intellectual activity, included in the
structure of common technology as a single whole. The transfer of rights to certain results from among the mentioned
results (to part of technology) is permitted only when the part of common technology can have independent
importance in accordance with clause 5 article 1549 of the present Code.



                        Article 1551. Export conditions of common technology

  1. Common technology must have practical application (introduction) mainly on the RF territory.

   The right to technology can be transferred for using common technology on territories of foreign states with consent
of state customer or manager of budget funds in accordance with legislation on foreign-economic activity.

    2. The transactions, providing use of common technology outside the RF territory, are subject to state registration
in the federal executive body on intellectual property.

  Non-compliance with the requirement on the transaction’s state registration entails its invalidity.


                                                                                                                President
                                                                                                of the Russian Federation
                                                                                                                  V.Putin


  Moscow, Kremlin
  December 18, 2006
  N 230-FZ


  Civil Code of the Russian Federation (part one) (articles 1 - 453)
  Civil Code of the Russian Federation (part two) (articles 454 - 1109)
  Civil Code of the Russian Federation (part three) (articles 1110 - 1224)
  Civil Code of the Russian Federation (part four) (articles 1225 - 1551)



                                                   FEDERAL LAW


                          On coming part four of the RF Civil Code into force
                                         (as amended on 24 July 2007)
___________________________________________________________
  The Document with amendments made by:
  Federal Act N 202-FZ of 24 July 2007 (Rossiyskaya Gazeta, N 163, 28.07.2007).
________________________________________________________


                                                                                                              Adopted
                                                                                                    by the State Duma
                                                                                                on November 24, 2006

                                                                                                             Approved
                                                                                             by the Federation Council
                                                                                                 on December 8, 2006



                                                      Article 1
  One shall come part four of the RF Civil Code into force (later - part four of the Code) since January 1, 2008.



                                                      Article 2
  One shall declare invalid since January 1, 2008:

  1) the RSFSR Civil Code (Bulletin of the RSFSR Supreme Soviet, 1964, N 24, art.406);

  2) the RSFSR Law dated June 11, 1964 "On approval of the RSFSR Civil Code" (Bulletin of the RSFSR Supreme
Soviet, 1964, N 24, art.406);

  3) Decree of the Presidium of the RSFSR Supreme Soviet dated June 12, 1964 "On procedure of coming the
RSFSR Civil and Civil Procedure Code into force" (Bulletin of the RSFSR Supreme Soviet, 1964, N 24, art.416);

   4) Decree of the Presidium of the RSFSR Supreme Soviet dated August 4, 1966 "On making changes in article 16
of the RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1966, N 32, art.771);

  5) the RSFSR Law dated August 17, 1966 "On approval of the Decree of the Presidium of the RSFSR Supreme
Soviet "On making changes in article 16 of the RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1966, N
34, art.919);

  6) Decree of the Presidium of the RSFSR Supreme Soviet dated May 30, 1969 "On amending article 264 of the
RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1969, N 23, art.783);

   7) the RSFSR Law dated July 30, 1969 "On approval of the Decree of the Presidium of the RSFSR Supreme
Soviet "On amending article 264 of the RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1969, N 32,
art.1091);

   8) Decree of the Presidium of the RSFSR Supreme Soviet dated June 22, 1970 “On making changes in article 369
of the RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1970, N 26, art.511);

  9) the RSFSR Law dated July 1, 1970 "On approval of the Decree of the Presidium of the RSFSR “On making
changes in article 369 of the RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1970, N 28, art.585);

  10) Decree of the Presidium of the RSFSR Supreme Soviet dated August 15, 1972 "On making changes and
amendments in the RSFSR Civil and Civil Procedure" (Bulletin of the RSFSR Supreme Soviet, 1972, N 33, art.825);

  11) the RSFSR Law dated December 26, 1972 "On approval of Decrees of the Presidium of the RSFSR, making
some changes and amendments in the RSFSR legislation in force" (Bulletin of the RSFSR Supreme Soviet, 1972, N
52, art.1346) concerning approval of the Decree of the Presidium of the RSFSR dated August 15, 1972 "On making
changes and amendments in the RSFSR Civil and Civil Procedure";

  12) Decree of the Presidium of the RSFSR Supreme Soviet dated March 1, 1974 "On making changes and
amendments in the RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1974, N 10, art.286);
   13) the RSFSR Law dated August 2, 1974 "On approval of Decrees of the Presidium of the RSFSR, making some
changes and amendments in the RSFSR legislation in force" (Bulletin of the RSFSR Supreme Soviet, 1974, N 32,
art.854) concerning approval of the Decree of the Presidium of the RSFSR dated March 1, 1974 "On making changes
and amendments in the RSFSR Civil Code";

   14) Decree of the Presidium of the RSFSR Supreme Soviet dated December 18, 1974 "On changing and declaring
invalid some legislative acts of the RSFSR in connection with coming the RSFSR law on state notariat in force"
(Bulletin of the RSFSR Supreme Soviet, 1974, N 51, art.1346);

   15) the RSFSR Law dated 25, 1974 "On approval of the Decree of the Presidium of the RSFSR "On changing and
declaring invalid some legislative acts of the RSFSR in connection with coming the RSFSR law on state notariat in
force" (Bulletin of the RSFSR Supreme Soviet, 1974, N 52, art.1366);

   16) Decree of the Presidium of the RSFSR Supreme Soviet dated October 18, 1976 "On amending article 492 of
the RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1976, N 42, art.1270);

  17) the RSFSR Law dated November 19, 1976 "On approval of the Decree of the Presidium of the RSFSR "On
amending article 492 of the RSFSR Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1976, N 47, art. 1357);

   18) Decree of the Presidium of the RSFSR Supreme Soviet dated February 3, 1977 "On changing and declaring
invalid some legislative acts of the RSFSR" (Bulletin of the RSFSR Supreme Soviet, 1977, N 6, art.129);

   19) the RSFSR Law dated July 20, 1977 "On approval of Decrees of the Presidium of the RSFSR, making some
changes and amendments in the RSFSR legislation in force" (Bulletin of the RSFSR Supreme Soviet, 1977, N 30,
art.725) concerning approval of the Decree of the Presidium of the RSFSR dated February 3, 1977 "On changing and
declaring invalid some legislative acts of the RSFSR";

   20) Decree of the Presidium of the RSFSR Supreme Soviet dated May 28, 1986 N 3356-XI "On making changes
and amendments in some legislative acts of the RSFSR" (Bulletin of the RSFSR Supreme Soviet, 1986, N 23,
art.638);

  21) the RSFSR Law dated July 2, 1986 "On approval of Decrees of the Presidium of the RSFSR, making some
changes and amendments in some legislative acts of the RSFSR" (Bulletin of the RSFSR Supreme Soviet, 1986, N
28, art.804) concerning approval of the Decree of the Presidium of the RSFSR dated May 28, 1986 "On making
changes and amendments in some legislative acts of the RSFSR";

  22) Decree of the Presidium of the RSFSR Supreme Soviet dated February 24, 1987 N 5375-XI "On making
changes and amendments in the RSFSR Civil Code and some other legislative acts of the RSFSR" (Bulletin of the
RSFSR Supreme Soviet, 1987, N 9, art.250);

  23) the RSFSR Law dated July 7, 1987 "On approval of Decrees of the Presidium of the RSFSR on making
changes and amendments in some legislative acts of the RSFSR" (Bulletin of the RSFSR Supreme Soviet, 1987, N
29, art.1061) concerning approval of the Decree of the Presidium of the RSFSR dated February 24, 1987 "On making
changes and amendments in the RSFSR Civil Code and some other legislative acts of the RSFSR";

  24) article 1 part I of the Decree of the Presidium of the RSFSR Supreme Soviet dated January 5, 1988 N 8066-XI
"On making changes and amendments in some legislative acts of the RSFSR" (Bulletin of the RSFSR Supreme
Soviet, 1988, N 1, art.1);

  25) Decree of the Presidium of the RSFSR Supreme Soviet dated April 15, 1988 N 8824-XI "On making changes
and amendments in the RSFSR Land and Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1988, N 16, art.476);

  26) the RSFSR Law dated April 20, 1988 "On approval of Decrees of the Presidium of the RSFSR on making
changes and amendments in some legislative acts of the RSFSR" (Bulletin of the RSFSR Supreme Soviet, 1988, N
17, art.541) concerning approval of the Decree of the Presidium of the RSFSR dated April 15 1988 “On making
changes and amendments in the RSFSR Land and Civil Code";

   27) Decree of the Presidium of the RSFSR Supreme Soviet dated January 16, 1990 N 13551-XI "On making
changes and amendments in the RSFSR Land and Civil Code" (Bulletin of the RSFSR Supreme Soviet, 1990, N 3,
art.78);
   28) article 1 of the RF law dated June 24, 1992 N 3119-I "On making changes and amendments in the RSFSR Civil
Code, the RSFSR Civil Procedure Code, Rule of the RSFSR Supreme Soviet, the RSFSR Laws "On Jewish
autonomous region", "On elections of the RSFSR people’s deputies", "On additional authorities of local Soviets of
people’s deputies in terms of transfer to market relations", "On peasant (farming) industry", "On land reform", "On
banks and banking activity in the RSFSR", "On the RSFSR Central bank (Bank of Russia)", "On ownership in the
RSFSR", "On enterprises and business activity", "On state tax service of the RSFSR", "On competition and restriction
of monopolistic activity on trade markets", "On priority provision of agroindustrial complex with material-technical
resources", "On local government in the RSFSR", "On privatization of state and municipal enterprises in the RSFSR",
"On foundations of budget structure and budget process in the RSFSR", "On state duty"; the RF Laws "On regional,
provincial Soviet of people’s deputies and regional, provincial administration", "On commodity exchanges and
exchange trade" (Bulletin of the RF Congress of people’s deputies and the RF Supreme Soviet, 1992, N 34, art.1966);

  29) the RF Law dated June 24, 1992 N 3119/1-I "On making changes and amendments in the RSFSR Civil Code"
(Bulletin of the RF Congress of people’s deputies and the RF Supreme Soviet, 1992, N 29, art.1689);

  30) Regulation of the RSFSR Supreme Soviet dated July 14, 1992 N 3301-I "On regulating civil legal relations
while carrying out economic reform" (Bulletin of the RF Congress of people’s deputies and the RF Supreme Soviet,
1992, N 30, art.1800);

   31) the RF Patent law dated September 23, 1992 N 3517-I (Bulletin of the RF Congress of people’s deputies and
the RF Supreme Soviet, 1992, N 42, art.2319);

   32) Regulation of the RSFSR Supreme Soviet dated September 23, 1992 N 3518-I "On coming the RF Patent law
into force" (Bulletin of the RF Congress of people’s deputies and the RF Supreme Soviet, 1992, N 42, art.2320);

   33) the RF Law dated September 23, 1992 N 3520-I "On trademarks, service marks and names of places of goods’
origin" (Bulletin of the RF Congress of people’s deputies and the RF Supreme Soviet, 1992, N 42, art.2322);

   34) Regulation of the RSFSR Supreme Soviet dated September 23, 1992 N 3521-I "On coming the RF Law “On
trademarks, service marks and names of places of goods’ origin" into force” (Bulletin of the RF Congress of people’s
deputies and the RF Supreme Soviet, 1992, N 42, art.2323);

   35) the RF Law dated September 23, 1992 N 3523-I "On legal protection of EC programs and databases" (Bulletin
of the RF Congress of people’s deputies and the RF Supreme Soviet, 1992, N 42, art.2325);

  36) Regulation of the RSFSR Supreme Soviet dated September 23, 1992 N 3524-I "On coming into force the RF
Law "On legal protection of EC programs and databases" (Bulletin of the RF Congress of people’s deputies and the
RF Supreme Soviet, 1992, N 42, art.2326);

   37) the RF Law dated September 23, 1992 N 3526-I "On legal protection of integrated circuit topologies" (Bulletin
of the RF Congress of people’s deputies and the RF Supreme Soviet, 1992, N 42, art.2328);

  38) Regulation of the RSFSR Supreme Soviet dated September 23, 1992 N 3527-I "On coming into force the RF
Law "On legal protection of integrated circuit topologies” (Bulletin of the RF Congress of people’s deputies and the RF
Supreme Soviet, 1992, N 42, art.2329);

  39) the RF Law dated December 24,1992 N 4215-I "On making changes and amendments in the RSFSR Civil
Code" (Bulletin of the RF Congress of people’s deputies and the RF Supreme Soviet, 1993, N 4, art.119);

   40) clauses 1 and 2 of the Regulation of the RSFSR Supreme Soviet dated March 3, 1993 N 4604-I "On some
questions of applying the USSR legislation on the RF territory" (Bulletin of the RF Congress of people’s deputies and
the RF Supreme Soviet, 1993, N 11, art.393);

  41) the RF Law dated July 9, 1993 N 5351-I "On copyright and adjacent rights" (Bulletin of the RF Congress of
people’s deputies and the RF Supreme Soviet, 1993, N 32, art.1242);

  42) Regulation of the RSFSR Supreme Soviet dated July 9, 1993 N 5352-I "On procedure of coming into force the
RF Law "On copyright and adjacent rights” (Bulletin of the RF Congress of people’s deputies and the RF Supreme
Soviet, 1993, N 32, art.1243);
   43) Regulation of the RSFSR Supreme Soviet dated July 14, 1993 N 5438-I "On making changes in the Regulation
of the RSFSR Supreme Soviet "On coming the RF Patent law into force" (Bulletin of the RF Congress of people’s
deputies and the RF Supreme Soviet, 1993, N 30, art.1167);

  44) the RF Law dated August 6, 1993 N 5605-I "On selective achievements" (Bulletin of the RF Congress of
people’s deputies and the RF Supreme Soviet, 1993, N 36, art.1436);

   45) Regulation of the RSFSR Supreme Soviet dated August 6, 1993 N 5606-I "On procedure of coming into force
the RF Law "On selective achievements" (Bulletin of the RF Congress of people’s deputies and the RF Supreme
Soviet, 1993, N 36, art.1437);

   46) the Federal law dated July 19, 1995 N 110-FZ "On making changes and amendments in the RSFSR Criminal-
procedure Code, the RSFSR Code on administrative offences and the RF Law "On copyright and adjacent rights"
(Collection of the RF legislation, 1995, N 30, art.2866);

   47) the Federal law dated July 9, 2002 N 82-FZ "On making changes and amendments in the RF Law “On legal
protection of integrated circuit topologies" (Collection of the RF legislation, 2002, N 28, art.2786);

   48) the Federal law dated December 11, 2002 N 166-FZ "On making changes and amendments in the RF Law "On
trademarks, service marks and names of places of goods’ origin" (Collection of the RF legislation, 2002, N 50,
art.4927);

   49) the Federal law dated December 24, 2002 N 177-FZ "On making changes and amendments in the RF Law "On
legal protection of EC programs and databases" (Collection of the RF legislation, 2002, N 52, art.5133);

  50) the Federal law dated February 7, 2003 N 22-FZ "On making changes and amendments in the RF Patent law"
(Collection of the RF legislation, 2003, N 6, art.505);

  51) the Federal law dated July 20, 2004 N 72-FZ "On making changes and amendments in the RF Law “On
copyright and adjacent rights" (Collection of the RF legislation, 2004, N 30, art.3090);

    52) articles 18 and 19 of the Federal Law dated August 22, 2004 N 122-FZ "On making changes and amendments
in the RF legislative acts and declaring invalid some legislative acts of the RF in connection with adopting federal laws
"On making changes and amendments in the Federal law "On general principles of organizing legislative
(representative) and executive state bodies of the RF subjects" and "On general principles of organizing local
government in the RF" (Collection of the RF legislation, 2004, N 35, art.3607);

   53) articles 6 and 7 of the Federal Law dated November 2, 2004 N 127-FZ "On making changes in parts one and
two of the RF Tax code and some other legislative acts of the RF, as well as on declaring invalid certain legislative
acts (provisions of legislative acts) of the RF" (Collection of the RF legislation, 2004, N 45, art.4377);

   54) articles 3-5 and 33 of the Federal Law dated February 2, 2006 N 19-FZ "On making changes in some
legislative acts of the RF and on declaring invalid certain provisions of the RF legislative acts in connection with
adopting the Federal law "On placing orders fro deliveries of goods, executive work, rendering services for states and
municipal needs" (Collection of the RF legislation, 2006, N 6, art.636).



                                                      Article 3
  Since January 1, 2008 one shall declare invalid on the RF territory:

   1) Regulation on the firm, approved by the Decree of the USSR Central Executive Committee and Soviet of
People’s Commissars dated June 22, 1927 "On coming the regulation on firm into force" (Collection of laws and rules
of the USSR Workers’ and Peasants’ Government, 1927, N 40, art.395);

  2) Regulation of the USSR Central Executive Committee and Soviet of People’s Commissars dated June 22, 1927
"On coming the regulation on firm into force” (Collection of laws and rules of the USSR Workers’ and Peasants’
Government, 1927, N 40, art.394);

   3) Foundations of the USSR civil legislation and republics (Bulletin of the USSR Congress of people’s deputies and
the USSR Supreme Soviet, 1991, N 26, art.733);
  4) Regulation of the RSFSR Supreme Soviet dated May 31, 1991 N 2212-I "On coming the Foundations of the
USSR civil legislation and republics into force" (Bulletin of the USSR Congress of people’s deputies and the USSR
Supreme Soviet, 1991, N 26, art.734).



                                                        Article 4
  Until bringing laws and other legal acts, being valid on the RF territory, in conformity with part four of the Code laws
and other legal acts of the RF, as well as the USSR acts of legislation, being valid on the RF territory within the limits
and in the order that are provided by the RF legislation, are applied only so far they do not conflict with part four of the
Code.



                                                        Article 5
  Part four of the Code is applied to legal relations, arisen after its coming into force.

   By legal relations, arisen before coming part four of the Code into force, it is applied to those rights and obligations
that will arise after its coming into force.

   The rights to results of intellectual activity and methods of individualization equated to them, protected for the day
of coming part four of the Code into force, continue to be protected in accordance with rules of part four of the Code.

   The work’s author or other initial rightholder is determined in accordance with legislation, being valid for the periods
of creating this work.



                                                        Article 6
  The terms of protecting rights, provided by articles 1281, 1318, 1327 and 1331 of the RF Civil Code, are applied
when fifty-year period of validity of copyright or adjacent rights had not expired by January 1, 1993.

   The copyright of legal persons, arisen before August 3, 1993, that is before coming into force the RF Law dated
July 9, 1993 N 5351-I "On copyright and adjacent rights", is terminated at the expiration of seventy years from the day
of work’s lawful promulgation, and if it was not promulgated, - from the day of creating the work. The rules of part four
of the Code are similarly applied to the corresponding legal relations. For the purposes of their application legal
persons are also considered authors of works.



                                                        Article 7

   The provisions of part four of the Code on procedure of conclusion and form of contracts, as well as on their state
registration are applied to contracts, concluded after coming into force part four of the Code, in particular to contracts,
the proposals of which conclusion have been sent before January 1, 2008 and which are concluded after January 1,
2008.



                                                        Article 8
   The provisions of part four of the Code, obligatory for parties of the contract, on grounds, consequences and
procedure of dissolving contracts are also applied to contracts that continue to be valid after coming into force part
four of the Code regardless of the date of their conclusion.

  The provisions of part four of the Code, obligatory for parties of the contract, on responsibility for violating
contractual obligations are applied, if the corresponding violations were made after coming into force part four of the
Code, except for the cases when other responsibility for such violations was stipulated in contracts, concluded before
January 1, 2008.



                                                        Article 9

   The authorship, author’s name and inviolability of works of science, literature and art, as well as authorship,
performer’s name and inviolability of performance are protected in accordance with rules of articles 1228, 1267 and
1316 of the RF Civil Code regardless of the fact, whether legal protection was provided to such results of intellectual
activity at the time of their creation.

  The authorship, author’s name and inviolability of works of science, literature and art, as well as authorship,
performer’s name and inviolability of performance are protected in accordance with rules of articles 1228, 1267 and
1316 of the RF Civil Code, if the corresponding infringement was made after coming part four of the Code into force.



                                                       Article 10
   The exclusive right to results of intellectual activity in the field of geodesy and cartography that were received
earlier at the expense of funds of the RSFSR republican budget and amounted to union budget of the part of the
USSR state budget and are located on the RF territory, in particular to materials of the RF state cartographic-geodesic
fund, belong to the RF, if this exclusive right was not transferred or did not belong to another person in accordance
with the RF legislation.

  The exclusive right to results of intellectual activity in the field of geodesy and cartography is disposed on the RF
behalf in the order, established by the RF Government.



                                                       Article 11
   By the USSR author’s certificates to invention by which for October 14, 1992, that is for the period of coming into
force the RF Patent law dated September 23, 1992 N 3517-I, twenty-year term from the day of filing the application
did not expire, and the USSR certificates to industrial samples, by which fifteen-year term from the day of filing the
application did not expire, as well as by the USSR patents to the name of the USSR State fund of inventions, the right
to apply for ceasing the validity of the mentioned protection titles is granted to applicants jointly with authors on the RF
territory with concurrent granting of the RF patent for the unexpired term.

   By application for inventions and industrial samples, by which the decisions were passed on granting patents to the
name of the USSR State fund of inventions, the right to apply for granting the RF patent is granted to applicants jointly
with authors with delaying payment of patent duties before the beginning of receiving revenues from using invention or
industrial sample, but not more than five years.

    Any person, lawfully started before the date of filing the application on granting the RF patent in accordance with
parts one and two of the present article to use invention or industrial sample, for which author’s certificates
(certificates) were granted, reserves the right of further use of this invention or industrial sample without concluding
license contract. The reward in these cases is paid to authors in the order, established for paying reward
correspondingly for inventions, protected by author’s certificates, and industrial samples, protected by certificates.



                                                       Article 12

  The provisions of clauses 1, 3 and 5 article 32, articles 33 and 34 of the USSR Law dated May 31, 1991 N 2213-I
"On inventions in the USSR" (Bulletin of the USSR Congress of people’s deputies and the USSR Supreme Soviet,
1991, N 25, art.703), clause 3 article 21, clauses 1 and 3 article 22 and article 23 of the USSR Law dated July 10,
1991 N 2328-I "On industrial samples" (Bulletin of the USSR Congress of people’s deputies and the USSR Supreme
Soviet, 1991, N 32, art.908) on benefits and financial stimulation are applied on the RF territory before adopting the
RF legislative acts on developing invention and artistic-design creative work.
                                                        Article 13
   The registration of trademarks and service marks, made earlier in the former USSR, continues to be valid on the
RF territory. The validity of this registration can be terminated on the RF territory in case of violating terms of
registration, provided by legislation being valid for the date of filing the application, in the order, established by article
1513 of the RF Civil Code, as well as in the cases and in the order that are established by clause 1 article 1514 of the
RF Civil Code.

   The part has been considered as lost its force since 28 July 2007 - the Federal Act N 202-FZ of 24 July 2007.



                                                        Article 14

   The firm name of legal persons, not corresponding to rules of paragraph 1 chapter 76 of the RF Civil Code, are
subject to bringing to conformity with these rules in case of the first change of constituent documents of legal persons
after January 1, 2008.



                                                        Article 15

  One shall make the following changes in the RF Federal law "On banks and banking activity" (in the wording of the
Federal law dated February 3, 1996 N 17-FZ) (Bulletin of the RSFSR Congress of people’s deputies and the RSFSR
Supreme Soviet, 1990, N 27, art.357; Collection of he RF legislation, 1996, N 6, art.492; 2002, N 12, art.1093; 2003,
N 50, art.4855):

   1) one shall state article 7 in the following wording:


                                "Article 7. Firm name of credit organization

   The credit organization must have full firm name and is entitled to have abbreviated firm name In Russian. The
credit organization is also entitled to have full firm name and (or) abbreviated firm name on languages of the RF
peoples and (or) foreign languages.

   The firm name of credit organization in Russian and languages of the RF peoples can contain foreign loan-words in
Russian transcription or in transcriptions of the RF peoples’ languages, except for the terms and abbreviations,
reflecting organizational and legal form of credit organization.

   The firm name of credit organization must contain indication on the character of its activity by using words “bank” or
“non-bank credit organization”.

   Other requirements to firm name of credit organization are established by the RF Civil Code.

   The Bank of Russia in considering applications for state registration of credit organization is obliged to prohibit use
of the firm name of credit organization, if the supposed firm name has already included in the Book of state
registration of credit organizations. It is permitted to use in the firm name of credit organization words “Russia”, “RF”,
“state”, “federal” and “central”, as well as words and word-combinations, derived on their basis, in the order,
established by federal laws.

   No legal person in the RF, except for the legal person, received from the Bank of Russia license for exercising
banking transactions, can use in its firm name words “bank”, “credit organization” or otherwise indicate on the fact that
this legal person has the right to exercise banking transactions.";

   2) one shall state clause 1 part two article 10 in the following wording:

   "1) firm name;".
                                                      Article 16
  One shall state article 16 of the RF Law dated August 20, 1993 N 5663-I "On space activity" (Rossiyskaya gazeta,
1993, October 6; Collection of the RF legislation, 1996, N 50, art.5609) in the following wording:


                    "Article 16. Legal protection of results of intellectual activity

   Legal protection to results of intellectual activity, received in developing space technology and space-based
processing, is provided in accordance with the RF Civil Code.".



                                                      Article 17

   One shall make the following changes in part one of the RF Civil Code (Collection of the RF legislation, 1994, N 32,
art.3301; 2002, N 12, art.1093; N 48, art.4746; 2003, N 52, art.5034; 2004, N 27, art.2711; N 31, art.3233;
2005, N 27, art.2722; 2006, N 2, art.171; N 3, art.282):

  1) one shall state paragraph one clause 1 article 2 in the following wording:

   "1. Civil legislation determines legal status of participants of civil circulation, grounds of appearance and procedure
of exercising ownership right and other real rights, rights to results of intellectual activity and methods of
individualization (intellectual rights) equated to them, regulates contractual and other obligations, as well as other
property and personal non-property relations, based on equality, autonomy of will and property independence of
participants.";

  2) in clause 2 article 11 the words "appealed to court" shall be replaced with words "disputed in court";

  3) in paragraph two clause 1 article 35 the word "appealed" shall be replaced with the word "disputed";

   4) in clause 2 article 49 the words "appealed by legal person to court" shall be replaced with words "disputed by
legal person in court";

  5) in paragraph three clause 1 article 51 the words "appealed to court" shall be replaced with words "disputed in
court";

  6) in clause 4 article 54:

  one shall state paragraph two in the following wording:

  "The requirements to firm name are established by the present Code and other laws. The rights to firm name are
determined in accordance with rules of section VII of the present Code.";

  one shall declare paragraphs three and four invalid;

   7) in paragraph three clause 1 article 64 the words "by author’s contracts" shall be replaced with the words “authors
of results of intellectual activity”;

  8) one shall state article 128 in the following wording:


                                     "Article 128. Objects of civil rights

   The objects of civil rights include objects, including money and valuable papers, other property, in particular
property rights; works and services; protected results of intellectual activity and methods of individualization equated
to them (intellectual property); immaterial goods.";

  9) one shall add article 129 with clause 4 of the following matter:
   "4. Results of intellectual activity and methods of individualization equated to them (article 1225) can not be
alienated or otherwise pass from one person to another. However the rights to such results and methods, as well as
material forms, in which the corresponding results or methods are expressed, can be alienated or otherwise pass from
one person to another in the cases and in the order, established by the present Code.";

  10) in clause 5 article 131 the words "appealed to court" shall be replaced with words ""disputed in court";

  11) in paragraph two clause 2 article 132 the words “firm name” shall be replaced with the words “commercial
designation";

  12) one shall declare articles 138 and 139 invalid;

  13) one shall add chapter 8 with article 152_1 of the following matter:


                               "Article 152_1. Protection of citizen’s image

   The publication and further use of citizen’s image (including his photograph, as well as video recording or work of
art on which he is represented) are permitted only with this citizen’s consent. After this citizen’s death his image can
be used only with children’s and survived spouse’s consent, and in their absence - with parents’ consent. Such
consent is not required when:

  1) the image is used in state, social or other public interests;

   2) the citizen’s image was received at shooting that is held in places open for free attendance, or on public events
(meetings, congresses, conferences, concerts, performances, sporting competitions and similar events), except for
the cases when such image is the basic object of use;

  3) the citizen posed for payment.";

   14) subparagraph 7 clause 2 article 235 after the words "articles 282, 285, 293 "add with words", clauses 4 and 5
article 1252";

  15) in clause 2 article 243 the words "appealed to court" shall be replaced with words ""disputed in court";

  16) one shall add clause 2 article 256 with paragraph of the following matter:

   "The exclusive right to result of intellectual activity, belonging to the author of such result (article 1228), is not
included in common property of spouses. However the revenues, received from using such result, are common
property of spouses unless otherwise is provided by the contract between them.".



                                                        Article 18
   One shall make the following changes in article 20 of the Federal law dated December 29, 1994 N 77-FZ "On
obligatory copy of documents" (Collection of the RF legislation, 1995, N 1, art.1; 2002, N 7, art.630):

   1) in clause 1 the words "the RF Law "On copyright and adjacent rights" shall be replaced with the words "civil
legislation";

   2) in clause 3 the words "the RF Law "On legal protection of EC programs and databases" shall be replaced with
the words "civil legislation".



                                                        Article 19
   In article 7 of the Federal law dated August 3, 1995 N 123-FZ "On pedigree cattle breeding" (Collection of the RF
legislation, 1995, N 32, art.3199) the words "the RF legislation on selective achievements" shall be replaced with the
words "civil legislation".
                                                       Article 20

   One shall make the following changes in the Federal law dated November 17, 1995 N 169-FZ "On architectural
activity in the RF" (Collection of the RF legislation, 1995, N 47, art.4473; 2004, N 35, art.3607):

  1) one shall declare chapter IV invalid;

  2) in clause 1 article 21 one shall exclude the words ", the RF Law "On copyright and adjacent rights".



                                                       Article 21
   One shall make the following changes in article 3 of the Federal law dated December 8, 1995 N 193-FZ "On
agricultural cooperation" (Collection of the RF legislation, 1995, N 50, art.4870; 1997, N 10, art.1120; 1999, N 8,
art.973; 2006, N 45, art.4635):

   1) one shall add clause 3 with the sentence of the following matter "Other requirements to firm name of agricultural
or fishing cooperative (collective farm) are established by the RF Civil Code.";

   2) one shall add clause 4 with the sentence of the following matter “Other requirements to firm name of collective
farm are established by the RF Civil Code.”.



                                                       Article 22

   One shall make the following changes in clause 1 article 4 of the Federal law dated December 26, 1995 N 208-FZ
"On joint-stock companies" (Collection of the RF legislation, 1996, N 1, art.1; 2001, N 33, art.3423; 2002, N 12,
art.1093)::

  1) one shall state paragraph three in the following wording:

   "The company’s firm name in Russian and on languages of the RF peoples can contain foreign loan-words in
Russian transcription or in transcriptions of languages of the RF peoples, except for terms and abbreviations,
reflecting organizational and legal form of the company.”:

  2) one shall add with paragraph of the following matter:

  “Other requirements to the company’s firm name are established by the RF Civil Code.”.



                                                       Article 23

   One shall make the following changes in article 36 of the RF Family Code (Collection of the RF legislation, 1996, N
1, art.16):

  1) one shall state the designation in the following wording:

                                   "Article 36. Property of each spouse";

  2) one shall add clause 3 of the following matter:

   "3. The exclusive right to result of intellectual activity, created by one of spouses, belongs to the author of such
result.”.
                                                       Article 24

  One shall state article 11 of the Federal law dated December 26, 1995 N 209-FZ "On geodesy and cartography"
(Collection of the RF legislation, 1996, N 1, art.2; 2003, N 2, art.165):


         "Article 11. Exclusive rights to results of geodesic and cartographic activity

   The exclusive rights to results of geodesic and cartographic activity are recognized and exercised in accordance
with civil legislation.”.



                                                       Article 25

   One shall make the following changes in part two of the RF Civil Code (Collection of the RF legislation, 1996, N 5,
art.410; N 34, art.4025; 1997, N 43, art.4903):

  1) one shall state clause 2 article 559 in the following wording:

  "2. Exclusive rights to methods of individualization of enterprise, seller’s production, works or services (commercial
designation, trademark, service mark), as well as rights of using such methods of individualization, belonging to him
on the basis of license contracts pass to the acquirer, unless otherwise is provided by the contract.”;

  2) in article 772:

  one shall exclude in clause 1 the words ", in particular capable for legal protection,”;

  one shall exclude in clause 2 the words ", in particular capable for legal protection,”;

  one shall add clause 3 of the following matter:

   "3. The performer’s and customer’s rights to results of works which legal protection is provided as results of
intellectual activity, are determined in accordance with rules of section VII of the present Code.”;

  3) in paragraph three clause 2 article 855 the words "by author’s contract" shall be replaced with the words "to
authors of results of intellectual activity";

  4) in article 1027:

  one shall state clause 1 in the following wording:

   "1. By the contract of commercial concession one party (rightholder) is obliged to grant the other party (user) for
reward for the term or without indicating the term the right of using in the user’s business activity complex of exclusive
rights, belonging to the rightholder, including the right to trademark, service mark, as well as rights to other objects of
exclusive rights, provided by the contract, in particular, to commercial designation, trade secret (know-how).”;
   one shall add clause 4 of the following matter:

  "4. The rules of section VII of the present Code on license contract are correspondingly applied to the contract of
commercial concession, unless it does not conflict with provisions of the present chapter and the essence of the
contract of commercial concession.”;

  5) one shall state clause 2 article 1028 in the following wording:

   "2. The contract of commercial concession is subject to state registration in the federal executive body on
intellectual property. If this requirement is not observed, the contract is considered void.”;

  6) in article 1031:
  one shall state clause 1 in the following wording:

   "1. The rightholder is obliged to transfer the user technical and commercial documentation and give other
information that is necessary for the user for exercising rights, granted to him under the contract of commercial
concession, as well as instruct the user and his employees on the questions, connected with exercising these rights.”;

  one shall add paragraph two clause 2 after the word "provide" with the word “state";

  7) in article 1032:

   one shall replace in paragraph two the words "firm name and (or) commercial designation" with the words
"commercial designation, trademark, service mark or other method of individualization”;

  one shall add paragraph six after the words "trade secrets" with the words "(know-how)";

  one shall exclude in paragraph eight the words "firm name";

  8) one shall state article 1036 in the following wording:


                    "Article 1036. Changing contract of commercial concession

  1. The contract of commercial concession can be changed in accordance with rules of chapter 29 of the present
Code.

   2. The change of the contract of commercial concession is subject to state registration in the order, established by
clause 2 article 1028 of the present Code.";

  9) in article 1037:

  one shall add clause 2 after the word "subject" with the word "state";

  one shall state clause 3 in the following wording:

   "3. In case of terminating the right to trademark, service mark or commercial designation, belonging to the
rightholder, when such right is included in the complex of exclusive rights, granted to the user under the contract of
commercial concession without replacing terminated right with new similar right, the contract of commercial
concession is terminated.”;

  10) one shall state article 1039 in the following wording:


                "Article 1039. Consequences of changing commercial designation

   In case of changing by the rightholder commercial designation, included in the complex of exclusive rights, granted
to the user under the contract of commercial concession, this contract continues to be valid with respect to the
rightholder’s new commercial designation, if the user demands cancellation of the contract and recovery of losses. In
case of prolonging the validity of the contract the user is entitled to demand proportionate reduction of reward due to
the rightholder.”;

  11) one shall state part two article 1040 in the following wording:

   "In case of terminating the exclusive right to trademark, service mark or commercial designation, belonging to the
rightholder, the consequences, provided by clause 3 article 1037 and article 1039 of the present Code, take place.”.



                                                       Article 26
   One shall add paragraph two clause 1 article 5 of the Federal law dated May 8, 1996 N 41-FZ "On producers;
cooperatives" (Collection of the RF legislation, 1996, N 20, art.2321) with the sentence of the following matter: "Other
requirements to the cooperative’s firm name are established by the RF Civil Code.”



                                                       Article 27
   One shall make the following changes in clause 1 article 4 of the Federal law dated February 8, 1998 N 14-FZ "On
limited liability companies" (Collection of the RF legislation, 1998, N 7, art.785; 2002, N 12, art.1093):

  1) one shall state paragraph three in the following wording:

   "The company’s firm name in Russian and on languages of the RF peoples can contain foreign loan-words in
Russian transcription or in transcriptions of languages of the RF peoples, except for the terms and abbreviations,
reflecting organizational and legal form of the company.”;

  2) one shall add with the paragraph of the following matter:

  "Other requirements to the company’s firm name are established by the RF Civil Code”



                                                       Article 28
  One shall make the following changes and amendments in the Federal law dated June 22, 1998 N 86-FZ "On
remedies" (Collection of the RF legislation, 1998, N 26, art.3006; 2004, N 35, art.3607):

  1) in article 4:

  one shall replace in paragraph seven the words "by the RF patent legislation" with the words "by civil legislation";

  one shall replace in paragraph eight the words "of the RF patent legislation" with the words "of civil legislation";

   2) one shall replace in clause 4 article 13 the words "by the RF patent legislation, as well as the RF Law "On
trademarks, service marks and names of places of goods’ origin” with the words "by civil legislation”;

  3) one shall replace in clause 3 article 35 the words "by the RF patent legislation and the RF legislation on
copyright and adjacent rights” with the words "by civil legislation”



                                                       Article 29

  One shall state part two article 2 of the Federal law dated January 6, 1999 N 7-FZ "On folk artistic trades"
(Collection of the RF legislation, 1999, N 2, art.234) in the following wording:

   "The relations in the field of folk artistic trades, concerning legal protection of results of intellectual activity, are
regulated by civil legislation.”



                                                       Article 30

   In paragraph three clause 3 article 26 of the Federal law dated February 25, 1999 N 40-FZ "On insolvency
(bankruptcy) of credit organizations" (Collection of the RF legislation, 1999, N 9, art.1097; 2001, N 26, art.2590; 2004,
N 41, art.3994) one shall replace the words "by author’s contracts" with the words "authors of results of intellectual
activity".
                                                      Article 31

   One shall state paragraph one clause 1 article 1119 part three of the RF Civil Code (Collection of the RF
legislation, 2001, N 49, art.4552) in the following wording:

   "1. The testator is entitled at his discretion to bequeath property to any persons, determine heirs’ shares in
inheritance by any way, disherit one, several or all heirs by law, not indicating reasons of such disheritance, and in the
cases, provided by the present Code, include other instructions in will. The testator is entitled to cancel or change the
made will in accordance with rules of article 1130 of the present Code.”.



                                                      Article 32

   One shall make the following changes in the Federal law dated October 26, 2002 N 127-FZ "On insolvency
(bankruptcy)" (Collection of the RF legislation, 2002, N 43, art.4190; 2005, N 44, art.4471):

    1) one shall replace in paragraph eight article 2 the words "by author’s contracts" with the words "authors of results
of intellectual activity",

   2) one shall replace in paragraph two clause 2 article 4 the words "by author’s contracts" with the words "authors of
results of intellectual activity",

   3) one shall replace in paragraph four clause 2 article 37 the words "by author’s contracts" with the words "authors
of results of intellectual activity",

   4) one shall replace in paragraph four clause 1 article 63 the words "by author’s contracts" with the words "authors
of results of intellectual activity",

   5) one shall replace in clause 2 article 68 the words "by author’s contracts" with the words "authors of results of
intellectual activity",

   6) one shall replace in paragraph five clause 1 article 81 the words "by author’s contracts" with the words "authors
of results of intellectual activity",
   7) one shall replace in paragraph two clause 2 and clause 5 article 95 the words "by author’s contracts" with the
words "authors of results of intellectual activity",

   8) one shall replace in paragraph three clause 4 article 134 the words "by author’s contracts" with the words
"authors of results of intellectual activity",

   9) one shall replace in clauses 1 and 2 article 136 the words "by author’s contracts" with the words "authors of
results of intellectual activity",

   10) one shall replace in paragraph three clause 2 article 211 the words "by author’s contracts" with the words
"authors of results of intellectual activity".



                                                      Article 33

  One shall make the following changes in clause 1 article 4 of the Federal law dated November 14, 2002 N 161-FZ
"On state and municipal unitary enterprises" (Collection of the RF legislation, 2002, N 48, art.4746):

  1) one shall state paragraph four in the following wording:

  "The firm name of the unitary enterprise in Russian and on languages of the RF peoples can contain foreign loan-
words in Russian transcription or in transcriptions of languages of the RF peoples, except for the terms and
abbreviations, reflecting organizational and legal form of the unitary enterprise.”;

  2) one shall add with paragraph of the following matter:
  "Other requirements to firm name of the unitary enterprise are established by the RF Civil Code”



                                                       Article 34

  One shall make the following changes in the Federal law dated July 29, 2004 N 98-FZ "On commercial secret"
(Collection of the RF legislation, 2004, N 32, art.3283; 2006, N 6, art.636):

  1) one shall state part 1 article 1 in the following wording:

  "1. The present Federal law regulates relations, connected with establishing, changing and terminating the
commercial secret regime with respect to information, having trade secret (know-how).”;

  2) in article 3:

  one shall state clauses 1 and 2 in the following wording:

   "1) commercial secret - regime of confidentiality of information, permitting its holder in existing or possible
circumstances to increase revenues, avoid unjustified expenses, keep position on the market of goods, works,
services or obtain other commercial profit;

    2) information, having commercial secret (trade secret) - data of any character (industrial, technical, economic,
organizational, etc.), in particular on results of intellectual activity in scientific-technical sphere, as well as data on
methods of exercising professional activity that have real or potential commercial value in virtue of their uncertainty to
third parties to which the third parties have no free access on legal basis and with which respect the commercial
secret regime was introduced by the holder of such data.”;

  one shall declare clause 3 invalid;

  3) one shall declare part 2 clause 4 invalid;
  4) one shall declare articles 7, 8 and 9 invalid;

  5) one shall declare clauses 3 and 4 part 3, parts 4, 5 and 7 article 11 invalid;

  6) one shall declare article 12 invalid.



                                                       Article 35

   One shall state part 11 article 5 of the Federal law dated March 13, 2006 N 38-FZ "On advertising" (Collection of
the RF legislation, 2006, N 12, art.1232) in the following wording:

   "11. While making, placing and distributing advertisement the requirements of the RF legislation must be observed,
including requirements of civil legislation, legislation on the RF state language.”.



                                                       Article 36

   1. The present Federal law comes into force from the day of its official publication, except for articles 4-12, 14-16,
clauses 1-12, 14-16 article 17, articles 18-35 of the present Federal law.

   2. Articles 4-12, 14-16, clauses 1-12, 14-16 article 17, articles 18-35 of the present Federal law come into force
since January 1, 2008.


                                                                                                                President
                                                                                                of the Russian Federation
                                                                                                                  V.Putin
Moscow, Kremlin
December 18, 2006
N 231-FZ


The text of the document was checked by:
Rossiyskaya gazeta,
N 289, 22.12.2006

								
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