TODAY IS MONDAY, DECEMBER 17, 2018, 11:39:18 PM
Customs guarding the intellectual property rights

On February 14th, 2006 Andrei Kudryashev, Head of Main Administration for commodity items and trade restrictions of the FCS of Russia, took part in parliamentary hearings of the Committee on economic policy, entrepreneurship and tourism of the State Duma of the RF, on the topic of “On legislative measures and technical methods of counteraction to sales of counterfeit, adulterated and low quality products in the Russian Federation”.
In 2005 customs authorities opened more than 300 files on administrative violations, related to conveyance across the customs border of the Russian Federation of the goods, containing objects of intellectual property and the attributes of counterfeit products; which is more than two times more as compared with a relevant figure of 2004. There were drawn up about 350 protocols of administrative violations in the field of intellectual property, which is 2.2 times higher than a relevant figure of 2004.  The FCS of Russia carried out operation “Brand” in all the regions of Russia in autumn of 2005 with the purpose of strengthening customs control over conveyance across the customs border of the RF of the goods containing objects of intellectual property. To large extent this work was made easier by the Customs Register of the objects of intellectual property which currently lists 613 trademarks.
Increased cooperation of the FCS of Russia and RussBrand, non-profit partnership for the Association of Branded Goods has also played its positive role.  In the current year there have been conducted seven joint seminars, which have been the venue for the discussions about the problem issues, and which have been accompanied by practical training for customs officers. 
David Yakobashvili, the Chairman of the Board of Directors of RussBrand, non-profit partnership, speaking at the hearings, noted the increased activity of the Federal Customs Service in the measures taken on protection of intellectual property rights. The FCS of Russia, basing on the Customs Code of the Russian Federation, Customs Register of the objects of intellectual property and on cooperation with the possessors of legal rights of brands, is aiming to counteract the flow of counterfeit goods into Russia as much as possible.
However,  practice shows,  that the activity of customs in prevention of counterfeit goods importation may be even more efficient if current legislation bis amended in the following way:
- amend the Customs Code with the purpose of expanding the authority of customs offices in suspension of issue of the goods suspicious in terms of counterfeiting, on the initiative of customs authorities without an application from possessors of a right (“ex officio” principle);
-  amend the Code of Administrative Violations of the RF  in part of destruction of the items of violations, related to illegal use of brands, by similar to the requirements on destruction of the confiscated copies of art and audio records ( Part 3 Article 32.4).