27.04.07

The Register of Intellectual Property was created by the Federal Customs Service (FCS) in 2004 and at present includes 864 trademarks. Companies with their trademarks included in the registry will receive a prompt notification from the customs service when a counterfeit has been detected or when goods are brought in by an unauthorized importer. In both cases the goods are considered contraband. However, in order to start the process, customs service requires a claim by the copyright holder. Without such a claim they are only able to keep seized goods from being released into the market but cannot initiate any further actions.

If goods are not included in the registry, customs service prefers to leave it alone since a court will not accept the case without an application from the copyright holder. To search for rights holders outside the registry takes too much time, officials say, as the law only permits charges to be filed within three hours of the discovery of counterfeit goods. The customs service says that since the registry was introduced it has become easier and more effective to prosecute case. While in 2004 only 3 out of 10 cases were brought to court, now 8 out of 10 cases are filed in time and prosecution begun.

Enrollment with the registry, according to the FCS, is simple. It only requires the company’s founding documents, a certification of the trademark and a handful of other documents. The procedure is free of charge. However, for every trademark registered, the company must deposit of a provision of 500 000 rubles that will be used in case the customs service seizes unrightfully seizes goods on the basis on the information provided to the registry.

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Source: "Vedimosti"