Intellectual Property Protection

In Russia, a government commission led by the prime minister was recently established to combat intellectual property violations. As he previously said, not much is done in Russia to preserve intellectual property rights, which means that both the state and the owners of those rights are robbed. Has anything changed in this neighborhood today? How has the Customs Service helped to safeguard the intellectual property rights of businesses? How can customers be certain that they will receive the things they expect when purchasing medications, goods, or clothing from reputable manufacturers?
The issue has undoubtedly not been resolved immediately. Russia is currently suffering from significant economic harm brought on by the violation of authorial and adjacent rights, the exploitation of innovations and trademarks, uncollected tax revenues, and the inability to boost domestic production of goods due to unfair competition.
The national safety of this country is seriously threatened by counterfeit cars and airplane parts, toys, medical equipment, medications, food, and combustive lubricants. These items are often harmful to people's health and lives.
Point of Start
Rospatent, a State agency that serves as a federal enforcement authority in the area of intellectual property protection, has joined the team that has established a legislative basis for cooperation between customs authorities and other law enforcement and control organs in Russia.
In order to ensure intellectual property protection, joint actions are conducted in accordance with the guidelines of interdepartmental recommendations and measures that have been developed and approved by the Federal Tax Police Service, the State Customs Committee, and the Ministry of Internal Affairs. These actions are coordinated with the State Office of the Public Prosecutor of Russia.
The laws governing the protection of intellectual property have undergone several revisions and alterations. They contributed to the definition of administrative infractions, criminal laws, and state and customary regulations pertaining to international trade.
Concerns about Illegal Trafficking
If a genuine owner of intellectual property has good reason to think that his rights may be violated when clearing customs at the Russian border, he can register a complaint with the Russian State Customs Committee (SCC) and ask for his rights to be protected. The completeness of the information provided by the legitimate owner, who can help customs authorities identify counterfeit goods, directly affects how effective this protection is. Information on legitimate production importers and exporters, places of import and customs registration, telltale symptoms of counterfeit goods, etc., can all be included in this type of data.
The documents issued by the State Customs Committee of Russia and the associated information are filed with the Russian overseeing customs organizations following review of the application and, if necessary, further verification of the stated information.
Practice demonstrates that violations of customs laws frequently accompany intellectual property rights infringements. Examples of these include the import of goods purportedly for non-commercial use, fabricated customs declarations and documentation, undeclared or fraudulently reported goods, and other violations for which the law imposes administrative responsibility.
Practice of Enforcement
The Russian Federation's new Administrative Violations Code (AVC), which imposes administrative responsibility for copyright infringement and unlawful trademark usage, went into force on July 1, 2002. According to the Code's procedural section, customs authorities are entitled to notify any infringements of intellectual property rights found during customs inspection.
Court orders imposing administrative penalties, fines, and/or the confiscation of imported items that violate copyright or other intellectual property rights or trade marks are based on the reports that customs bodies file.
The practice of enforcing trade mark protection was analyzed by state agencies. The study's findings led to the creation of recommendations and guidelines for customs authorities on identifying and penalizing offenses related to unlawful trademark usage. These rules, which are based on specific cases, describe the activities and provide the legal basis for customs organizations' acts.
Foreign customs authorities have jurisdiction over thousands to tens of thousands of trademarks. Legal rights holders report that around 450 trademarks registered with the State Customs Committee of Russia's intellectual property register are under the jurisdiction of the country's customs authorities.
Creating logical suggestions on the owner's legal and adjacent rights is the next stage.
The Supreme Arbitration Court of the Russian Federation must immediately assess the current judicial practice and take it into consideration, according to the study of court rulings.
It is important to remember that the outcomes of the initial enforcement practice have indicated that the administrative infractions law needs to be updated. The Code must specifically include guidelines for conducting investigations for their qualitative pre-trial study and include legal authorization to carry out the appropriate tests.
Since lawbreakers sometimes utilize every means to stall proceedings and avoid punishment because they cannot be impeached within two months of the offense, it would be beneficial to extend the impeachment period.
The "Greys" Come Together
Recently, there has been a troubling trend linked to "grey" importers joining together to oppose the actions taken by customs authorities and the Russian State Customs Committee. The specified counteraction is implemented using financial and administrative resources, just as it is in the legal sphere (opposing the actions of customs organizations and their officers, arguing in due order the requirements of normative legislative acts).
The New Opportunities – The New Code
Beginning January 1, 2004, customs authorities have the authority to hold or postpone the release of goods containing intellectual property for up to 20 days, notify the rightful owner, and take other actions when a shipment of goods is suspected of being counterfeit.
The implementation of intellectual property laws will significantly reduce the turnover of counterfeit goods at every stage of the international business transaction, from contract signing to customs registration.
ZZZZZZ title: Intellectual Property Protection in Russia Author: Sergey Talpa
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date_saved: July 25, 2007, 12:30:06
category: finance and business
article:

In Russia, a government commission led by the prime minister was recently established to combat intellectual property violations. As he previously said, not much is done in Russia to preserve intellectual property rights, which means that both the state and the owners of those rights are robbed. Has anything changed in this neighborhood today? How has the Customs Service helped to safeguard the intellectual property rights of businesses? How can customers be certain that they will receive the things they expect when purchasing medications, goods, or clothing from reputable manufacturers?
The issue has undoubtedly not been resolved immediately. Russia is currently suffering from significant economic harm brought on by the violation of authorial and adjacent rights, the exploitation of innovations and trademarks, uncollected tax revenues, and the inability to boost domestic production of goods due to unfair competition.

The national safety of this country is seriously threatened by counterfeit cars and airplane parts, toys, medical equipment, medications, food, and combustive lubricants. These items are often harmful to people's health and lives.
Point of Start
Rospatent, a State agency that serves as a federal enforcement authority in the area of intellectual property protection, has joined the team that has established a legislative basis for cooperation between customs authorities and other law enforcement and control organs in Russia.
In order to ensure intellectual property protection, joint actions are conducted in accordance with the guidelines of interdepartmental recommendations and measures that have been developed and approved by the Federal Tax Police Service, the State Customs Committee, and the Ministry of Internal Affairs. These actions are coordinated with the State Office of the Public Prosecutor of Russia.
The laws governing the protection of intellectual property have undergone several revisions and alterations. They contributed to the definition of administrative infractions, criminal laws, and state and customary regulations pertaining to international trade.
Concerns about Illegal Trafficking
If a genuine owner of intellectual property has good reason to think that his rights may be violated when clearing customs at the Russian border, he can register a complaint with the Russian State Customs Committee (SCC) and ask for his rights to be protected. The completeness of the information provided by the legitimate owner, who can help customs authorities identify counterfeit goods, directly affects how effective this protection is. Information on legitimate production importers and exporters, places of import and customs registration, telltale symptoms of counterfeit goods, etc., can all be included in this type of data.
The documents issued by the State Customs Committee of Russia and the associated information are filed with the Russian overseeing customs organizations following review of the application and, if necessary, further verification of the stated information.
Practice demonstrates that violations of customs laws frequently accompany intellectual property rights infringements. Examples of these include the import of goods purportedly for non-commercial use, fabricated customs declarations and documentation, undeclared or fraudulently reported goods, and other violations for which the law imposes administrative responsibility.
Practice of Enforcement
The Russian Federation's new Administrative Violations Code (AVC), which imposes administrative responsibility for copyright infringement and unlawful trademark usage, went into force on July 1, 2002. According to the Code's procedural section, customs authorities are entitled to notify any infringements of intellectual property rights found during customs inspection.
Court orders imposing administrative penalties, fines, and/or the confiscation of imported items that violate copyright or other intellectual property rights or trade marks are based on the reports that customs bodies file.
The practice of enforcing trade mark protection was analyzed by state agencies. The study's findings led to the creation of recommendations and guidelines for customs authorities on identifying and penalizing offenses related to unlawful trademark usage. These rules, which are based on specific cases, describe the activities and provide the legal basis for customs organizations' acts.
Foreign customs authorities have jurisdiction over thousands to tens of thousands of trademarks. Legal rights holders report that around 450 trademarks registered with the State Customs Committee of Russia's intellectual property register are under the jurisdiction of the country's customs authorities.
Creating logical suggestions on the owner's legal and adjacent rights is the next stage.
The Supreme Arbitration Court of the Russian Federation must immediately assess the current judicial practice and take it into consideration, according to the study of court rulings.
It is important to remember that the outcomes of the initial enforcement practice have indicated that the administrative infractions law needs to be updated. The Code must specifically include guidelines for conducting investigations for their qualitative pre-trial study and include legal authorization to carry out the appropriate tests.
Since lawbreakers sometimes utilize every means to stall proceedings and avoid punishment because they cannot be impeached within two months of the offense, it would be beneficial to extend the impeachment period.
The "Greys" Come Together
Recently, there has been a troubling trend linked to "grey" importers joining together to oppose the actions taken by customs authorities and the Russian State Customs Committee. The specified counteraction is implemented using financial and administrative resources, just as it is in the legal sphere (opposing the actions of customs organizations and their officers, arguing in due order the requirements of normative legislative acts).

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