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Custom Recordal of IPRs in Russia


Custom Recordal of IPRs
The Federal Law on Customs Regulation in the Russian Federation and Amendment of Specific Regulations of the Russian Federation, published in August 2018 forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Russia.
Custom Recordal of IPRs is effective on both the import and export of goods.
They supervise goods from imports and exports. They also carry out administrative responsibilities of informing the IP rights holder by sending an official notice of suspension along with presenting facts and pictures. They only look over the copyright and trademark-infringing goods, but not patents as they require involvement of the police authorities.
A certain number of documents have to be deposited with the Customs registry along with the Agreement of insurance of the liability risk for causing damage in favour of indicated persons. Within 01 month, the Federal Custom Services accepts or rejects the request so made. The information on the intellectual property objects recorded with the Customs register is forwarded to all customs authorities of the Russian Federation. The entire procedure shall not take more than 03 months.
They are as follows:
  • A Power of Attorney (in case a request is filed by a representative);
  • A document confirming the validity of the intellectual property object (for instance, a copy of the certificate or statement from FIIP);
  • A detailed description of the intellectual property object and original goods;
  • Samples or images of original goods;
  • Documents confirming that original goods have been put into the civil circulation on the territory of the Russian Federation;
  • License agreements or other agreements in force;
  • Description and samples/images of infringing goods (if there is any information on infringement);
  • A written obligation of the applicant to cover all expenses of customs authorities and damage caused to the owner of suspended goods in case the infringement has not been confirmed; and
  • A copy of civil liability insurance to cover damages.
No, but some money has to be paid along with the Agreement of Insurance.
01 month
The customs authority has a centralized system. The owner of an intellectual property object or a person acting on behalf of the owner within the scope of granted powers (for instance, a licensee) is entitled to file an application to the Federal Customs Service requesting customs recordation of a corresponding intellectual property object if there is evidence that the owner's rights may be infringed by import/export of goods into the Russian Federation or during other actions concerning the goods under customs control.
Yes, but it will be made available later in 2021.
There is no such fee.
The object may be recorded with the Customs register for the term of 03 years with a possibility of further extension for an unlimited number of times within the validity term of the rights on the corresponding intellectual property object.
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 rights 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, arrest, or confiscation.
The applicant/rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Upon examination, in a case of counterfeit goods the rights holder may, within the term of detention (20 days) initiate administrative, civil, or criminal proceedings to bring the infringer to responsibility.
There is no such bond, but mount of ensuring the obligation or the amount of insurance should not be less than Rb500,000 ($7,800).
The same is informed to the IP rights holder accompanying the evidence in the form of pictures, etc. In the event of infringement, according to the Code on Administrative Offences, the rights holder may approach the Customs with an application for action so that the latter can initiate administrative proceedings and sue the infringer in court. Another enforcement option for the rights holder is a civil action, whereby he can seek damages or monetary compensation and publication of the judgment. Failure to initiate legal action will result in the goods being released.
The option is made available to the IP rights holder to file for a suit in the court of law.
The disadvantage lies in the fact that the customs are not given wide powers to act against counterfeits. One has to initiate a civil proceeding to avail all the needed remedies.
The court can reward, civil, administrative as well as criminal remedies, which include seizure and destruction of good, cessation of the infringement; damages or monetary compensation; removal from the market and destruction of counterfeit goods, labels and packages bearing unlawfully used trademarks or confusingly similar designations, as well as manufacturing equipment and materials used for the production of counterfeit goods; and publication of a court judgment in order to redress the damage to the rights holder’s reputation.
Yes; also in the event of any changes made to the information submitted on the trademark/copyright, the customs shall be informed within 05 days.