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THE CUSTOMS REGISTER OF TRADEMARKS
Property Objects which is kept by customs service on the basis of applications of exclusive One of the tools of customs supervision to protect interests of rights possessors is the Register of Intellectual owners of intellectual property rights. Today almost 1300 trademarks belonging both to Russian and foreign manufacturers are registered in the Customs Register. According to statistics of the Federal Customs Service of the Russian Federation most of the forgeries are detected in clothes and footwear, on the second place there are confectionery products and foodstuff, on the third – perfume and makeup. Then CD and DVD – disks, leather accessories, household appliances and pharmaceutical production come. The objects of infringement of trademarks possessors rights are mainly such well-known companies as “Adidas”, “Reebok”, “Puma”, “Nike” and others.
In order to provide protection of the rights to intellectual property objects when turning the goods over the border of Russia the possibility to enter the data on such objects in the Customs Register of Intellectual Property Objects which is kept by the Federal Customs Service of the Russian Federation is provided. Information on trademarks, places of goods’ origin, and objects of copyright and adjacent rights can be entered in the Customs Register.
In particular, entering the trademarks in the Customs Register of Intellectual Property Objects provides the possibility to terminate goods smuggling over the customs border of Russia. According to Article 14.10 of Administrative Violations Code the illegal use of another's trademark, service mark, places of goods’ origin or designations similar to them for homogeneous goods results in imposing an administrative penalty on citizens in the amount of one thousand and five hundred rubles to two thousand with confiscation of the products containing illegal reproduction of trademark; on officials - in the amount of ten thousand to twenty thousand rubles with confiscation of the products containing illegal reproduction of trademark; on legal bodies - in the amount of thirty thousand to forty thousand rubles with confiscation of the products containing illegal reproduction of trademark. Thus, production of customs authority in court with the claim of administrative offence can cause imposing a penalty and confiscation of the whole batch of the imported goods. Our Agency is ready to render you professional help in entering intellectual property objects in the Customs Register.
A list of documents required for entering a trademark into the Customs Register.
1) Applicant Details
- full registered name of a legal entity specifying business legal structure (according to constituent documents) or surname, name (and patronymic if available) of a physical person;
- location;
- post address;
- number of phone, fax, telex, e-mail address and other data required for customs authorities to notify on suspension of release of goods;
- data on state registration;
- data on tax registration as a taxpayer and taxpayer identification number (TIN).
- copies of state and tax registration certificates.
2) Trademark Data
- trademark image
- trademark description
- a list of goods and services specifying classes of International Classification of Goods and Services in relation to which the trademark or service mark is registered;
- data on documents confirming registration of trademarks (service marks)
- data on transfer contracts if exclusive rights are acquired under the contract on trademark transfer;
- data on license (sublicense) contracts and licensees (sublicensees);
- data on documents confirming introduction of the goods designated by trademarks in civil circulation within the Russian Federation directly by a rights possessor or with its consent.
Documents:
- a copy of the certificate for trademark (service mark);
- an extract from the State Register of Trademarks and Service Marks of the Russian Federation;
- documents confirming introduction of the goods designated by trademarks in civil circulation within the Russian Federation directly by a rights possessor or with its consent.
3) Data on Goods with Infringing Features
- detailed information on the goods providing the possibility of their detection by customs authorities (description of goods appearance (their packages, labels etc.),
- instruction of authorized importers having the consent of the rights possessor for introduction of the goods in civil circulation, exporters, manufacturers, etc.),
- codes of the goods not less than at level of the first four signs according to the Foreign Economic Activity Commodity Classification of the Russian Federation (hereinafter referred to as the FEACC of Russia),
- supposed places of import to customs territory of the Russian Federation (export from customs territory of the Russian Federation) and importers (exporters) of the goods, if such information available.
4) Data on Planned Period to Take Measures Relative to Suspension of Release of Goods
The period specified in the Application should not exceed the period of legal protection of an intellectual property object.
5) The written obligation of a rights possessor to compensate property damage which can be caused to customs applicant, owner, and recipient of the goods or the person specified in article 16 of the Code as a result of suspension of release of goods.
6) Document to Confirm Securing Obligations:
An insurance policy or bank guarantee for amounts 300 thousand rubles minimum.
The written obligation of the rights possessor to compensate property damage which can be caused to a customs applicant, owner, recipient of the goods or the person specified in Article 16 of the Code as a result of suspension of release of goods should be attached to the Application unless it is defined according to the legislation procedure of the Russian Federation that the goods (including their package and label) in relation to which customs authorities made the decision on suspension of release are infringing (hereinafter referred to as the Obligation).
Article 342. Bank Guarantee
Refer to the Administrative Regulations of Federal Customs Service on the state function to keep the register of banks and other credit institutions possessing the right to issue bank guarantees on customs payments approved by order of the Federal Customs Service No. 1281 dated December 7th, 2006.
For determination of maximum amount of one bank guarantee and maximum amount of all bank guarantees acting simultaneously which were given out by one bank or one institution to accept bank guarantees by customs authorities for effecting of customs payments refer to order of the Ministry of Finance of the Russian Federation No. 121н dated October 3rd, 2006.
Article 347. Use of Insurance Contract to Secure Customs Payments
1. Insurance contract concluded in compliance with the civil legislation of the Russian Federation can be applied in cases established by the Federal Ministry authorized in the area of customs business to secure obligations on customs payments.
2. To secure customs payments the customs authorities accept insurance contracts concluded with the insurance company included in the register of insurance companies, insurance contracts of which can be accepted to secure customs payments. Procedure and conditions of entering the insurance companies in the specified register, their removal from such register as well as its keeping procedure are defined by the Federal Ministry authorized in the area of customs business. The Federal Agency authorized in the area of customs business keeps the register of insurance enterprises.
The Register of Intellectual Property Objects (IPO) of the Federal Customs Service of the Russian Federation
Regulation on Protection of Intellectual Property Rights by Customs Authorities
Administrative regulations of the Federal Customs Service on the state function to consider the applications for taking measures relative to suspension of release of goods by customs authorities as well as of keeping the customs register of intellectual property objects |
