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 Customs Register of Intellectual Property

Under the present law the Register of trademarks, copyrights and associated intellectual property rights protected in the territory of Russia, was created to deal with the offenders in this field. At the request of the right holder the subject of intellectual property is recorded into the register for a period of 2 years. This period  may be extended. Customs authorities check whether the transported goods, recorded into the register, are counterfeit or not. For the aim of this, the information, referred to the accompanying documentation (mark, model , specifications , packaging, labeling , brand name product and trademark)  is identified. If the violations of right are found out  the information about it is urgently should be brought to the right holders knowledge, and he can take action to protect his rights.

Customs code

Article 393.


1. This Chapter stipulates that based on a statement made by the holder of exclusive rights (intellectual property) to the products protected by copyright or shared right thereto, the rights to the brand names, trademarks, as well as the holder of a franchise to use the goods place of origin (hereinafter, rights-holder), the customs authorities will undertake requisite measures for suspending the release of such goods. The measures stipulated herein shall be undertaken in the process of conveyance of said goods across the customs border or performance of other actions with the goods in customs custody

2. The measure undertaken by the customs authorities pursuant to the provisions of this Chapter shall not impede other measures the rights holder may resort to for ensuring protection of his (or her) rights in accordance with law of the Russian Federation.

 

We can provide the full support from registration in customs authorities to the protection in courts if violations are founded out.

 

For it you should provide us with the following information:

  •  about  the applicant
  •  about the item of intellectual property
  •  about the goods with relevant characteristics. Detailed information about goods , which enable to detect it by customs authorities (exterior (packaging, labels, etc.) , indication of authorized importers with the consent of the right holder for the introduction of goods into the civil circulation, exporters, producers and others. ), product codes namely the first four signs in accordance with the Nomenclature of Goods subject to Foreign Trade of Russia, the supposed places of import / export to the customs territory (outside the customs territory), the information about importers (exporters) of goods, if there is such information, about counterfeit products
  • about the expected duration. The term expected by the right holder for the participation of the customs authorities in the protection of the rights of intellectual property, by taking measures to suspend the realization of goods which are considered to be counterfeit . In accordance with paragraph 1 of Article 397 of the Customs Code, the suspension of the release of goods is allowed for up to 10 working days , with an opportunity to extend for a further 10 working days, measures to suspend the release of goods which are considered to be counterfeit.


In respect of intellectual property subject the following information should be indicated:

1) for copyrights

  • A written , audio or video recording , image, three-dimensional form and etc. form of work;
  • Literary works, software , music , audio-visual , painting, graphics , design, photographic and etc. view of work;
  • the name and description of each subject;
  • information about the documents confirming the existence of the rights;
  • Information of Contracts concerning the transferring of rights ;
  • information about the documents confirming the introduction of goods, containing subjects of copyrights, in civil circulation by the right holder or with his consent in the territory of the Russian Federation

2) for the objects of the associated rights:

  • Sound recording , video recording and etc. form of work;
  • Computer software , music , audiovisual works and etc. work ;
  • the name and description of each subject;
  • information about the documents confirming the existence of the rights;
  • Information of Contracts concerning the transferring of rights;
  • information about the documents confirming the introduction of goods containing subjects of the associated rights in civil circulation in the territory of the Russian Federation by the right holder or with his consent;

3) for the trademarks and service marks:

  • name (indication or image) of trademarks (service marks)
  • description of trademarks (service marks)
  • list of goods and services with indication of classes in accordance with Nice Classification for which the trademark (service mark) is registered
  • information about the documents, confirming the registration of trademarks (service marks) according to the law of the Russian Federation and international treaties of the Russian Federation
  • information about the assignment agreements, if the rights are acquired in accordance with the assignment agreement of trademark
  • information about the license (sublicense) agreements and Licensees and Sub licensees 
  • Information about the documents, confirming the introduction into the civil circulation of goods, marked with trademarks in the territory of Russian Federation by the right holder or with his consent

4) for the appellations of origin :

  • appellation of origin;
  • a list of goods and services with their classes, according to the Nice Classification for which the appellation of origin is registered;
  • Information about the documents, confirming the registration and the right to use the appellation of origin in accordance with the laws of the Russian Federation and the international treaties of the Russian Federation;
  • information about the documents confirming the introduction into the civil circulation of goods, marked with appellation of origin in the territory of Russian Federation by the right holder or with his consent

 

The application shall also be accompanied by a written commitment of the right holder for compensation of damage   (for an amount not less than three hundred thousand roubles) that may be caused to the declarant, rightholder , recipient of the goods or any other person that transports the goods, due to the suspension of the realization of the goods, if it is not established by the legislation of the Russian Federation that the goods in respect of which the decision to suspend the realization is made, are considered to be counterfeit.

It can also be accompanied by a document that confirms the securing of obligations or agreement on insurance of the risk of liability for obligations for the benefit of persons who transfer the goods detained by customs authorities with respect to checking the counterfeit characteristics.

 

Attention!

According to Article 400 of Customs code. Goods Exempted from Release Suspension Measures Applied by the Customs Authorities

 
The customs authorities shall not apply the measures stipulated by the resolution suspending release of goods pursuant to the provisions of this Article to the goods containing intellectual property objects conveyed across the customs border by natural persons or posted by international mail in insignificant quantities provided such goods are intended for personal, family, household or other use unrelated to entrepreneurial activities.

 


Cost of service : 40 000 roubles.
Time of performance: 2 months .