Protection of Intellectual Property in the Customs Union of Russia, Belarus and Kazakhstan By Natalia Gulyaeva

Protection of Intellectual Property in the Customs Union of Russia, Belarus and Kazakhstan

By Natalia Gulyaeva

www.hoganlovells.com 2

Territory of the Customs Union


Aims of the Customs Union

- Freedom of movement of goods and persons, free market zone

- Intensification of trade between the member-states


Potential new members

UKRAINEJoining the Customs Union is complicated due to its membership in WTO.However "3+1" scheme may be considered.

KYRGYZSTANHighly probable, unless political

instability in the country and membership in WTO would

effect the plans of Kyrgyzstan.

TAJIKISTAN

Joining is also being considered.


Establishing the united customs border

Abolition of customs control on the internal borders:• Abolition of customs clearance and control on the Russian-Belorussian

border – July 01, 2010• Abolition of customs clearance and control on the Russian-Kazakh

border – start on July 01, 2010; to be finalized by July 01, 2011


What's next?

Once the customs border checkpoints are abolished, the territory of the three Customs Union's member-states shall be considered a united customs territory.


Any risks?

YES!


Are the Customs Union's borders well secured?

NOT YET!


Customs registrations

The Unified Customs Register is provided for by the Customs Code of the Customs Union, however:• no certain deadlines as to when the Register will start operating;• no certain date as to when the right owners may start registering their

IPRs with the Register;• no information as to what agency

will operate the Register.


What should the right owners do to protect their IPRs?

STEP 1: Register your IPRs with the registers of the national PTOs of each member-state of the Customs Union



STEP 2: Register your IPRs with the national customs registers of each member-state of the Customs Union


STEP 3: After the launch of the Unified Customs Register, record your IPRs with this Register



Enforcement of rights

Use national instruments for IPRs enforcement!

Civil law

Administrative law

Criminal law


Parallel ImportsRussia should avoid adopting further contradicting rulings by the Russian courts and refrain from any legislative steps.

By way of the well-known Porsche Cayenne case the Higher Arbitrazh Court has undermined the ability of the Russian customs to stop unauthorized importation of the original products through administrative code procedures.

The Higher Arbitrazh Court proposed an alternative option in its recent draft resolution – determining the liability of parallel importers based on unfair competition rules.

The Federal Antimonopoly Service considers such approach controversial.


Parallel Imports

• Russia and Belarus stick to the national exhaustion of rights principle

while

• Kazakhstan adheres to the international exhaustion of rights principle


THANK YOU!

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Protection of Intellectual Property in the Customs Union of Russia, Belarus and Kazakhstan By Natalia Gulyaeva