The total length of the borders of the Russian Federation exceeds 60 thousand kilometers. The Russian-Kazakh border is the longest land border in the world.
The long borders, the proximity to China, and the countries of Central Asia, the large volumes of transit between the countries of Europe and Asia make Russia quite “open” for counterfeit products to enter its territory.
The Customs Register of Intellectual Property Objects of the Federal Customs Service of Russia is an effective tool for making barriers to the importation of fake goods from abroad.
The customs service of Russia consists of 116 regional customs and 675 customs posts.
There are more than 5 thousand objects in the register of intellectual property of the Russian customs at the beginning of 2020.
In 2019, customs officers revealed almost 12 million units of counterfeit goods with an estimated value of more than 8 billion rubles ($125 mln).
The effectiveness of protecting the intellectual property with the IP customs register largely depends on how well the information about the object is entered into the registry.
Entering information into the Customs register of intellectual property of the Russian Federation
Recordal with the Customs register of Russia possible for:
- objects of copyright and related rights;
- geographical indications.
Therefore, it will not be possible to prevent the importation through customs control of products that violate the rights to a patent, or the appearance of a product protected as an industrial design.
Only those objects that have obtained legal protection on the territory of Russia can be entered into the register – supporting documents must be submitted together with the application for entering of the object into the register.
It is also desirable to attach samples of original and counterfeit goods, information materials for identifying counterfeit goods, information on official carriers, routes, features of transportation of products, etc.
Earlier, the Customs Service demanded the provision of evidence of violations identified – samples of counterfeited goods. However, in 2020, the Supreme Court clarified that samples are submitted only at the will of the IP right owner.
The application may be sent by the right owner or his representative (by POA).
Simultaneously with the entire package of documents, or within a month after a positive decision on the entering of an object into Customs register, it is necessary to provide a certificate of insurance for compensation for the damage that may be caused to the owner of the goods (with the minimum amount of 500,000 rubles).
To make a decision on entering information on intellectual property rights object into the register, the Customs Service has no more than one month after receiving the application materials.
Information about the object into Customs register may be entered for a period of up to three years (but not longer than the expiration date of the title of protection) and may be extended for the next three years.
The right owner may make changes to the registry (for example, supplement informational materials) at any time.
There is no state fee for entering information into the IP Customs register.
Data on objects entered into the registry are available in the public domain on the website of the Customs Service of Russia.
The procedure for suspension of clearance of goods suspected in infringement of intellectual property rights
If a customs officer suspects the authenticity of the goods received for clearance, their customs clearance is suspended for up to 10 business days, and the goods are moved to temporary storage. This period may be increased to 20 working days for additional examination.
The IP right owner (or a representative) must receive a notification about this within one day.
Based on the results of the consideration of the issue of intellectual property, in court or out of court procedure, the goods may be sent for further clearance, arrested, or confiscated.
Russia has a regional principle of exhaustion of IP rights within the Eurasian Economic Union. However, in 2018, the Constitutional Court of the Russian Federation allowed to withdraw from circulation and destroy only goods of inadequate quality that pose a danger to consumers.
Therefore, it will not be possible to block parallel imports only using the tool of Customs register.
At the same time, Customs authorities have the practice of suspending the clearance of goods, even if information about them is not included in the register, but for which there are signs of counterfeit products.
Such measures cannot be taken in respect of small consignments of goods intended for personal use. Which, unfortunately, is often used by lawbreakers.
Russia is a member state of the Eurasian Economic Union.
In 2020, it is planned to launch a unified EAEU Customs Register of Intellectual Property objects.
Customs Register of EAEU will operate in parallel with the national registries of the Union member states.
If the TM / copyright object is registered in all five EAEU member states, it will be possible to enter information into a unified register and expand the protection at the customs posts of all Union states.
If you have any additional questions as to Customs enforcement of intellectual property rights in Russia, the Customs register of intellectual property rights objects of Russia please contact us email@example.com or +380 44 3 55555 7.