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The decision of Council of heads of Customs Services under Integration Committee of EurAsEC

of December 19, 2002 No. 161

About implementation of customs control over movement of the goods containing intellectual property items

Council of heads of Customs Services under Integration Committee of EurAsEC, having heard information of the State Customs Committee of the Russian Federation on implementation of customs control over movement of the goods containing intellectual property items in state members of EurAsEC.

DECIDED:

1. Take into consideration information of the State Customs Committee of the Russian Federation on results of comparative analysis of the operating systems legislative and the regulatory legal acts regulating questions of protection of intellectual property rights in state members of EurAsEC it (is applied).

2. Recognize reasonable exchange between Customs Services of state members of EurAsEC of data of registers of the Customs Services which are conducted for the purpose of suppression of illicit trafficking through customs border of state members of EurAsEC of intellectual property items.

3. To the working group on the organization of interaction of Customs Services of state members of EurAsEC for ensuring protection of intellectual property rights to develop and submit format and the regulations of the specified data for consideration of the nineteenth meeting of Council of heads of Customs Services under Integration Committee of EurAsEC.

 

For Customs Service of the Republic of Belarus

For Customs Service of the Republic of Kazakhstan

For Customs Service of the Kyrgyz Republic

For Customs Service of the Russian Federation

For Customs Service of the Republic of Tajikistan

 

Comparative analysis of the operating systems legislative and the regulatory legal acts regulating questions of intellectual property rights in state members of EurAsEC

 

The legislation of the Russian Federation in the field of protection of intellectual property rights

According to the Customs code Russian Federation, and also the regulations on the State Customs Committee of Russia approved by the Presidential decree Russian Federation of 25.10.1994 of N 2014 State Customs Committees of Russia develops and realizes system of measures for suppression of illicit trafficking through customs border of intellectual property items. Now there was mechanism of protection of intellectual property rights by customs authorities of the Russian Federation designated in the letter of the State Customs Committee of Russia of 16.11.2000 N 01-06/33259. Based on the statement of the owner the intellectual property item is entered in the register of intellectual property items of the State Customs Committee of Russia. The relevant information is dispatched on regional customs authorities and further on customs and customs posts.

According to the existing Customs code in case of identification when carrying out customs control of the goods having signs counterfeit customs authorities stop release of the specified goods for a period of 10 days, inform the owner and transfer the relevant information to Prosecutor's office. In case of decision about refusal in initiation of legal proceedings the detained goods are issued in free circulation.

On July 1, 2002 the new Russian Federation Code of Administrative Offences in which the administrative responsibility for violation author's and the related rights and illegal use of trademarks is provided became effective. According to provisions Administrative Code of the Russian Federation customs authorities have the right to constitute protocols in case of detection during customs control of violations of intellectual property rights and to hold the corresponding pre-judicial procedural procedures. Based on decision of court goods can be subject to confiscation, and the customs applicant pays penalty according to provisions Codes of the Russian Federation on Administrative Offences.

 

The legislation of the Kyrgyz Republic, in the field of protection of intellectual property rights

The main document regulating movement through customs border of the Kyrgyz Republic (further the KR) intellectual property items are the regulations on procedure for customs control concerning the goods containing intellectual property items approved by the order of the Government of the Kyrgyz Republic of 27.11.2000 N 694.

According to this provision customs authorities of the KR within the competence perform protection of the rights of owners to the intellectual property items included in the register of the State customs inspection under the Ministry of Finance of the KR (further GTI). The intellectual property item is entered in the register after decision about registration of intellectual property item and about ensuring its protection (decision term - 5 days from the date of application) on condition of submission of the request by the owner.

The information leaflet with the data necessary for identification of intellectual property item, within 3 days is distributed on regional customs authorities and further on customs. Registration effective period - 2 years from the moment of decision about registration.

For registration of intellectual property items collection in the amount of 1330 som for each object and 410 som for prolongation of effective period of registration is levied.

The procedure for customs clearance and customs control concerning the goods containing intellectual property items is performed according to the procedure, established by the Customs code KR and other regulations. In case of detection of the goods containing intellectual property items, registered in the register, customs authorities stop release for a period of 10 days with possibility of prolongation for 10 days. The owner within 3 days after receipt of the notification on suspension of release shall bring providing for covering of possible losses. If after this term the customs authority was not notified by the owner on initiation of judicial process, goods are issued.

 

The legislation of the Republic of Belarus in the field of protection of intellectual property rights

Powers of customs authorities of the Republic of Belarus (further the Republic of Belarus) in the field of the state protection of intellectual property rights are fixed by the Law of the Republic of Belarus of 4.12.2001 N 71-3 "About entering of amendments into the Customs code of the Republic of Belarus".

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