| A Governmental commission, headed
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| | responsibility is stipulated by the law.
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| personally by the Prime Minister has been
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| | Enforcement Practice
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| created in Russia recently in order to
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| | On July, 1, 2002 the new Administrative
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| counteract the infringements in the
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| | Violations Code (AVC) of the Russian
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| sphere of intellectual property. As he
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| | Federation came into effect which
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| stated earlier, little is done for the
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| | stipulates administrative responsibility
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| protection of intellectual property
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| | for copyright infringement and illegal
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| rights in Russia and, therefore, both the
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| | use of trade marks. The procedural part
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| rights owners and the state are actually
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| | of the Code states that customs bodies
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| robed. Are there any changes today in
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| | have the right to file reports of the
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| this area? What contribution has customs
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| | above-stated intellectual property rights
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| service made in order to protect business
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| | infringements discovered during customs
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| intellectual property rights? How can the
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| | control.
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| consumers be sure that when buying
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| | The reports, filed by customs bodies
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| medicines, products or clothes of known
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| | serve as a legal ground for court
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| manufacturers they will get the goods
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| | judgments imposing administrative
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| that they expect?
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| | penalties and fines and/or confiscation
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| It is certain that the problem has not
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| | of the imported goods that violate
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| been solved instantly. Today Russia
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| | copyright or other intellectual property
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| suffers severe economic damage caused by
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| | rights or trade marks.
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| the infringements of the author's and
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| | The state bodies conducted the analysis
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| adjoining rights, misuses of inventions,
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| | of the trade mark protection enforcement
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| trade marks, from uncollected tax
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| | practice. The conducted study resulted in
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| revenues, and from the impossibility to
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| | the development of guidelines and
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| increase national economic production of
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| | recommendations for the customs bodies on
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| goods because of unfair competition.
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| | revealing and punishing offences
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| Counterfeit aviation and automobile spare
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| | connected to illegal use of trade marks.
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| parts, fake combustive-lubricating
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| | Those guidelines define the actions and
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| materials, toys, medical equipment and
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| | serve as the legal ground for customs
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| pharmaceuticals, food are frequently
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| | bodies actions and are based on concrete
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| dangerous to health and life of the
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| | examples.
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| population, and pose real threat to
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| | Customs bodies of foreign states control
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| national safety of this country.
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| | from several thousand up to several tens
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| Starting Point
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| | of thousand of trade marks. The customs
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| A legal base of interaction between
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| | bodies of Russia, according to the
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| customs bodies with other law-enforcement
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| | information of legal rights owners,
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| and control organs has been created in
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| | control about 450 trade marks which are
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| Russia; Rospatent, a State body which
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| | filed with the intellectual property
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| acts as federal enforcement authority in
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| | register of the State Customs Committee
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| the field of intellectual property
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| | of Russia.
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| protection is now a part of the team.
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| | The next step is to develop methodical
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| Joint actions are carried out according
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| | recommendations concerning the owner's
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| to the guidelines of interdepartmental
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| | legal and adjoining rights.
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| recommendations and measures, aimed at
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| | The analysis of court judgments shows
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| ensuring intellectual property
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| | that there is an urgent need to review
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| protection, that have been developed and
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| | the current judicial practice and submit
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| approved by the Ministry of Internal
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| | it for consideration to the Supreme
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| Affairs, by the State Customs Committee,
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| | Arbitration Court of the Russian
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| and by Federal Tax Police Service and
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| | Federation.
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| coordinated with the State Office of the
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| | It is necessary to note, that the first
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| Public Prosecutor of Russia.
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| | enforcement practice results have shown
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| Multiple changes and modifications to the
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| | the necessity to update the
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| legislation, regulating intellectual
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| | administrative violations legislation. In
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| property protection have been adopted.
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| | particular, it is required to add to the
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| They helped define customs and state
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| | Code the regulations on conducting
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| regulations of the foreign trade
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| | investigations with the purpose of their
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| activity, administrative infringements,
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| | qualitative pre-trial study and add legal
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| and the criminal legislation.
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| | permission to conduct the necessary
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| Suspicion of Illegal Trafficking
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| | examinations.
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| The legitimate rights owner who has
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| | It would be expedient to increase the
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| reasonable grounds to believe that his
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| | impeachment timeframe, as law breakers,
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| intellectual property rights could be
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| | in some cases, delay proceedings by every
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| infringed during customs clearance
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| | possible means, and go unpunished because
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| through the border of Russia can file a
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| | of the impossibility to impeach them just
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| complaint with the State Customs
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| | two months after the date of the offence.
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| Committee (SCC) of Russia and request the
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| | The "Greys" Consolidate
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| protection of his rights. The efficiency
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| | A tendency disturbing enough surfaced
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| of this protection directly depends on
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| | recently and is connected to "grey"
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| the completeness of the information
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| | importers joining efforts to counteract
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| submitted by the legal owner who can
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| | the measures adopted by the State Customs
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| assist customs bodies in counterfeit
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| | Committee of Russia and by customs
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| products identification. Such data can
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| | bodies. The given counteraction is
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| include information on the places of
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| | carried out as in the legal field
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| import and customs registration of legal
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| | (disputing in due order the requirements
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| production, information on exporters,
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| | of normative legal acts, appealing the
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| importers of legal production, on
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| | actions of customs bodies and their
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| distinctive signs of counterfeit goods,
| |
| | officials), as with the use of financial
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| etc.
| |
| | and administrative resources.
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| After consideration of application and,
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| | The New Code - The New Opportunities
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| if required, after additional
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| | Starting January, 1, 2004, when a
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| verification of the stated information,
| |
| | shipment of products is suspected to be
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| the documents issued by the State Customs
| |
| | counterfeit, the customs bodies are given
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| Committee of Russia and the corresponding
| |
| | the right to detain the goods or delay
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| information are filed with the
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| | the release of the goods containing
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| supervising customs bodies of Russia.
| |
| | objects of intellectual property for up
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| As practice shows, the infringements of
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| | to 20 days, and to inform the legal owner
|
| the intellectual property rights are
| |
| | as well as a number of other rights.
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| quite often accompanied by violations of
| |
| | The turn-over of the counterfeit goods
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| customs rules. The examples of such are:
| |
| | will considerably decline in case of the
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| import of a cargo, for example, claimed
| |
| | intellectual property legislation control
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| to be used for non-commercial purposes,
| |
| | at all stages of the foreign economic
|
| falsified documentation and customs
| |
| | transaction, starting with the signing of
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| declarations, undeclared or falsely
| |
| | the contract and followed by customs
|
| declared products, as well as other
| |
| | registration.
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| infringements for which administrative
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| |
|
