Protection of Intellectual Property in the Customs Union of Russia, Belarus and Kazakhstan
By Natalia Gulyaeva
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Territory of the Customs Union
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Aims of the Customs Union
- Freedom of movement of goods and persons, free market zone
- Intensification of trade between the member-states
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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.
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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
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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.
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Any risks?
YES!
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Are the Customs Union's borders well secured?
NOT YET!
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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.
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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
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What should the right owners do to protect their IPRs?
STEP 2: Register your IPRs with the national customs registers of each member-state of the Customs Union
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STEP 3: After the launch of the Unified Customs Register, record your IPRs with this Register
What should the right owners do to protect their IPRs?
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Enforcement of rights
Use national instruments for IPRs enforcement!
Civil law
Administrative law
Criminal law
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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.
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Parallel Imports
• Russia and Belarus stick to the national exhaustion of rights principle
while
• Kazakhstan adheres to the international exhaustion of rights principle
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THANK YOU!
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YOUR CONTACT:Natalia GulyaevaPartner Hogan Lovells CISVoznesensky Pereulok 22, Usadba-Centre, 125009 MoscowRussia
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