|Representatives of Russian and Chinese customs services held a session devoted to the protection of intellectual property rights|
On July 21-23, 2014 in Krasnoyarsk at the premises of Siberian Customs Administration a fourth session of the Working Group for the Protection of Intellectual Property Rights of the Sub-Commission for Customs Cooperation of the Commission for Regular Meetings of the Heads of Russian and Chinese Governments took place.
The session was attended by the representatives of the Federal Customs Service of the Russian Federation, the Siberian Customs Administration, General Administration of Customs of the People’s Republic of China, Manchurian and Harbinese customs offices as well as employees of the Representative Office of FCS of Russia in China and Chinese Embassy in Russia.
The progress of the Action Plan of the Working Group for the Protection of Intellectual Property Rights for 2013 – 2014 was discussed at the session.
The Head of the Department of trade barriers, exchange and export control of FCS of Russia Petr Baklakov noted that one of the most important tools to protect the interests of rightholders was the customs register of intellectual property items kept by FCS of Russia based on the applications of holders of exclusive rights to trademarks.
Parties’ representatives exchanged information about the results of activity of the customs authorities related to the protection of intellectual property rights.
In 2013 the customs service of the Russian Federation arrested 9.4 mio units of goods for suspected infringement of intellectual property rights. In Q1, 2014 2.8 mio units were seized. In 2013 the customs authorities avoided damage that could have been inflicted on the rightholders in the amount of 5 bln rub. (over 146 mio US dollars), in Q1, 2014 – 1.1 bln rubles (over 30 mio US dollars). In 2013 1188 administrative offence cases in the field of intellectual property rights’ protection were opened (including 1155 cases concerning trademark misuse – 97.2%), in Q1, 2014 – 275 cases (269 cases – concerning trademark misuse – 97.8%).
In 2013 the customs service of PRC arrested 20464 batches of goods for suspected infringement of intellectual property rights, number of goods amounting to 76 mio units. In Q1, 2014 2105 batches of such goods were seized, about 10.5 mio units. In 2013 the customs service of PRC at Russian-Chinese border (export / import) confiscated 291 batches of goods for suspected infringement of intellectual property rights, about 170 thou. units. In Q1, 2014 more than 104 batches of such goods amounting to 45 thou. units were confiscated at the same border.
During the session the parties emphasized that exchange of special-purpose information is one of the key points of cooperation in the field of intellectual property rights’ protection. The participants of the session agreed that due to existence of outstanding problems the mechanism for special-purpose information exchange requires improvement.
One of the relevant issues is interaction with the rightholders. Representatives of Russia and China acknowledged execution on September 13, 2013 of Memorandum of Understanding between Non-Profit Partnership Association of Branded Goods Manufacturers (RusBrand, Russia) and Brand Protection Committee (QBPC, Китай) to be a positive circumstance. The given Memorandum introduces a rightholders’ cooperation mechanism for the two countries in the field of intellectual property rights’ protection, which will foster cooperation of the customs authorities of the two countries in the issues of law enforcement in the field of intellectual property rights’ protection.
Special attention was paid by the participants of the session to the issue of implementation of earlier arrangements. Draft Action Plan of the Working Group for the years 2015 – 2016 was prepared.
1. Central Customs Directorate (CTU)
2. Siberian Customs Directorate (STU)
4. Southern Customs Directorate (JTU)
5. Privolzhsky Customs Directorate (PTU)
6. Urals Customs Directorate (UTU)
7. Far Eastern Customs Directorate (DVTU)
8. North Caucasus Customs Directorate (SKTU)