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What are the procedures to ensure the protection of intellectual property rights in preparation for customs declaration and its implementation?

1

Customs authoritieswithin their competence, they ensure the protection of intellectual property rights in the customs territory of the Customs Union (paragraph 2, Article 351The EAEU TC).

Legal documents regulating the protection of intellectual property rights on the territory of the member States of the Eurasian Economic Union (hereinafter referred to as -The EAEU), are:

  • The EAEU Treaty (Section 23 “Intellectual Property");
  • Customs Code of the Eurasian Economic Union (Article 124, Chapter 52 “Measures to Protect Intellectual Property rights taken by Customs authorities");
  • Federal Law No. 289-FZ of 03.08.2018 "On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" (Articles 112 and 113, Chapter 57 "Measures to Protect Intellectual Property Rights taken by Customs authorities");
  • national legislation of the EAEU member states.

Customs authorities take measures to protect the rights to intellectual property objects, the customs register of which is maintained by these customs authorities in the EAEU member state, and to intellectual property objects included in the unified Customs Register of Intellectual Property objects of the EAEU member States (hereinafter referred to as the OIC customs registers),

Measures for the protection of intellectual property rights are not applied by customs authorities: in respect of goods transported across the customs border:
  1. in respect of goods transported across the customs border and placed under the customs procedure of customs transit, customs procedure of destruction;
  2. in relation to certain categories of goods to which a specialcustoms procedure(cases and procedure of measures are determined by the Commission).
  3. in respect of goods transported across the customs border and placed under customs procedures that are intended for official use by diplomatic missions, consular offices, representations of States to international organizations, international organizations or their representations, other organizations or their representations located in the customs territory of the Union.

1. Establishing the fact that the goods are free from claims of third parties based on intellectual property

Verification of the provision of protection of intellectual property rights in the territories of the EAEU member States by customs authorities.

Information from the Unified Customs Register of the OIC and the customs registers of the OIC of the EAEU member states.

In order to place goods under the customs procedure, it is submitted:

  1. Declaration of goods (DT), drawn up and filled in in accordance with the requirements established by the Decision of the Customs Union Commission dated 20.05.2010 No. 257;
  2. Documents confirming the transfer of intellectual property rights (copyright, license agreement, certificate of registration of an intellectual property object, contract for the use of a trademark and similar documents);
  3. Documents confirming the introduction of goods marked with a trademark into civil circulation in the customs territory of the EAEU with the consent of the copyright holder (dealer, distributor agreement, written consent and similar documents).
If, when performing customs operations related to the placement under customs procedures of goods containing intellectual property objects included in the customs register of the IPO, the customs authority finds signs of violation of intellectual property rights, then the release of such goods is suspended for a period of 10 (ten) working days. 

At the same time, in accordance with national legislation, the customs authorities have the right to suspend the termrelease of goods containing intellectual property objects not included in the customs registers of the OIC, in accordance with the procedure established by the legislation of the EAEU member states (ex officio procedure, Article 113 of the Federal Law).

The procedure and rules for labeling alcoholic beverages imported into the Russian Federation are established by Decree of the Government of the Russian Federation No. 866 of December 31, 2005 “On Labeling Alcoholic Beverages with Excise Stamps” and Order of the Federal Customs Service of Russia No. 1849 of October 7, 2010 “On Approval of the Rules for the Purchase of Excise Stamps for Labeling Alcoholic Beverages and Control over their Use”.

Published 3 years agofrom 
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