Security of the Intellectual Property in Russia
As he mentioned previously, little is done for the security of intellectual home rights in Russia and, for that reason, both the rights owners and the state are in fact robed. What contribution has custom-mades service made in order to safeguard company intellectual residential or commercial property rights?
It is specific that the issue has actually not been fixed immediately. Today Russia suffers serious financial damage triggered by the violations of the author’s and adjacent rights, abuses of developments, trade marks, from uncollected tax profits, and from the impossibility to increase nationwide financial production of products due to the fact that of unreasonable competitors.
Fake air travel and car extra parts, phony combustive-lubricating products, toys, medical devices and pharmaceuticals, food are regularly harmful to health and life of the population, and present genuine danger to nationwide security of this nation.
Beginning Point
A legal base of interaction in between custom-mades bodies with other law-enforcement and control organs has actually been developed in Russia; Rospatent, a State body which functions as federal enforcement authority in the field of copyright defense is now a part of the group.
Joint actions are performed according to the standards of interdepartmental suggestions and procedures, focused on making sure copyright defense, that have actually been established and authorized by the Ministry of Internal Affairs, by the State Customs Committee, and by Federal Tax Police Service and collaborated with the State Office of the general public Prosecutor of Russia.
Numerous modifications and adjustments to the legislation, controling copyright security have actually been embraced. They assisted specify custom-mades and state guidelines of the foreign trade activity, administrative violations, and the criminal legislation.
Suspicion of Illegal Trafficking
The genuine rights owner who has affordable premises to think that his intellectual residential or commercial property rights might be infringed throughout customizeds clearance through the border of Russia can submit a problem with the State Customs Committee (SCC) of Russia and demand the defense of his rights. After factor to consider of application and, if needed, after extra confirmation of the mentioned details, the files released by the State Customs Committee of Russia and the matching info are submitted with the monitoring customizeds bodies of Russia.
As practice programs, the violations of the copyright rights are frequently accompanied by infractions of customizeds guidelines. The examples of such are: import of a freight, for instance, declared to be utilized for non-commercial functions, falsified paperwork and custom-mades statements, undeclared or wrongly stated items, in addition to other violations for which administrative obligation is stated by the law.
Enforcement Practice
On July, 1, 2002 the brand-new Administrative Violations Code (AVC) of the Russian Federation entered impact which states administrative duty for copyright violation and unlawful usage of trade marks. The procedural part of the Code states that custom-mades bodies can submit reports of the above-stated copyright rights violations found throughout custom-mades manage.
The reports, submitted by customizeds bodies function as a legal ground for court judgments enforcing administrative charges and fines and/or confiscation of the imported products that break copyright or other copyright rights or trade marks.
The state bodies carried out the analysis of the trade mark security enforcement practice. The performed research study led to the advancement of standards and suggestions for the customizeds bodies on exposing and penalizing offenses linked to unlawful usage of trade marks. Those standards specify the actions and act as the legal ground for customizeds bodies actions and are based upon concrete examples.
Customizeds bodies of foreign states manage from a number of thousand as much as numerous 10s of countless trade marks. The customizeds bodies of Russia, according to the info of legal rights owners, control about 450 trade marks which are submitted with the copyright register of the State Customs Committee of Russia.
The next action is to establish systematic suggestions worrying the owner’s adjacent and legal rights.
The analysis of court judgments reveals that there is an immediate requirement to examine the existing judicial practice and send it for factor to consider to the Supreme Arbitration Court of the Russian Federation.
It is required to keep in mind, that the very first enforcement practice outcomes have actually revealed the requirement to upgrade the administrative offenses legislation. In specific, it is needed to contribute to the Code the guidelines on carrying out examinations with the function of their qualitative pre-trial research study and include legal approval to perform the needed assessments.
It would be profitable to increase the impeachment timeframe, as law breakers, in many cases, hold-up procedures by every possible ways, and go unpunished since of the impossibility to impeach them simply 2 months after the date of the offense.
The “Greys” Consolidate
A propensity troubling sufficient emerged just recently and is linked to “grey” importers signing up with efforts to neutralize the procedures embraced by the State Customs Committee of Russia and by custom-mades bodies. The provided counteraction is performed as in the legal field (contesting in due order the requirements of normative legal acts, appealing the actions of custom-mades bodies and their authorities), similar to using administrative and monetary resources.
The New Code– The New Opportunities
Beginning January, 1, 2004, when a delivery of items is believed to be fake, the custom-mades bodies are offered the right to apprehend the products or postpone the release of the products consisting of things of copyright for approximately 20 days, and to notify the legal owner along with a variety of other rights.
The turn-over of the fake products will significantly decrease in case of the copyright legislation control at all phases of the foreign financial deal, beginning with the finalizing of the agreement and followed by customizeds registration.
What contribution has customizeds service made in order to secure service intellectual home rights? The genuine rights owner who has affordable premises to think that his intellectual residential or commercial property rights might be infringed throughout customizeds clearance through the border of Russia can submit a problem with the State Customs Committee (SCC) of Russia and demand the defense of his rights. The performance of this security straight depends on the efficiency of the info sent by the legal owner who can help customizeds bodies in fake items recognition. After factor to consider of application and, if needed, after extra confirmation of the mentioned details, the files provided by the State Customs Committee of Russia and the matching info are submitted with the monitoring customizeds bodies of Russia.
Those standards specify the actions and serve as the legal ground for custom-mades bodies actions and are based on concrete examples.