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Slide1: 

САНКТ-ПЕТЕРБУРГ 2007 Intellectual Property Rights Protection by Customs Authorities

Intellectual property items subject to protection by customs authorities: 

Intellectual property items subject to protection by customs authorities - Trademarks and service marks; Intellectual property items; Neighbouring rights items; Appellations of origin of goods.

Slide3: 

Goods recognized as counterfeit in the Russian Federation Genuine goods bearing trademarks protected in the Russian Federation that were imported without the rights holder’s consent and provided there is an expression of will on its part (parallel imports). Goods bearing trademarks identical to the ones protected in the Russian Federation. Goods bearing trademarks similar to the ones protected in the Russian Federation to the point of confusion.

Categories of goods most affected by counterfeiting : 

Categories of goods most affected by counterfeiting Alcoholic beverages and tobacco products Optical information media Garments and footwear Perfumes and cosmetics Leather products, watches and jewellery Household chemistry and appliances Food products Automobile spare parts and accessories

Initiation of the procedure for controlling the movements of goods containing intellectual property: 

Initiation of the procedure for controlling the movements of goods containing intellectual property Applications Information Rights holders INSTRUCTION CUSTOMS POSTS PUBLICATION IN THE MASS MEDIA FCS OF RUSSIA

Ways of detecting intellectual property rights infringements: 

Ways of detecting intellectual property rights infringements Checking cargo customs declarations and documents presented for customs clearance (the trademark must be obligatorily indicated in the declaration!) Use of the risk management system for detecting cases of non-declaration and false declaration Intelligence actions

Actions following the detection of characteristics of counterfeitness during customs control and processing: 

Suspension of release for up to 20 days Notification Examination of goods Actions following the detection of characteristics of counterfeitness during customs control and processing Rights holders

Making a decision regarding the suspended goods: 

Permission to release goods Application to customs authorities or Internal Affairs Ministry regarding the administrative offence Application to the Internal Affairs Ministry or the Prosecutor’s Office regarding the crime Legal action regarding the civil rights violation Rights holders Release Making a decision regarding the suspended goods Referral of the case to court Referral of the case to court Seizure of goods

Sanctions: 

Sanctions Violation of copyright and neighbouring rights: Administrative Code (Article 7.12) - confiscation + fine of up to 400 minimum wages Criminal Code (Article 146) - imprisonment for up to 6 years + confiscation + fine of up to 500,000 rubles Illegal use of a trademark Administrative Code (Article 14.10) - confiscation + fine of up to 400 minimum wages Criminal Code (Article 180) - imprisonment for up to 6 years, fine of up to 500,000 rubles

Dynamics of administrative offences’ detection: 

Dynamics of administrative offences’ detection

Practical results of entering trademarks in the Customs Register: 

+ High level of counterfeit goods detection during customs control + Effective prevention of violations + Prevention of parallel imports + Exemption from specific forms of control Practical results of entering trademarks in the Customs Register

FCS’s lines of work to increase effectiveness of intellectual property rights protection: 

FCS’s lines of work to increase effectiveness of intellectual property rights protection Creation of special regional units for intellectual property rights protection Provision of technical equipment for control Development and implementation of modern IT technologies Improvement of the legislation (Customs Code - «ex officio», Administrative Code, Code of Arbitration Procedure, registration procedure) Development of the risk management system Cooperation and interaction with foreign customs administrations Interaction with rights holders and their associations Training and refresher courses for customs staff