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calendary May 22, 2023

Unified Customs Register of Intellectual Property Objects of the Member States of the Eurasian Economic Union

The Unified Customs Register of Intellectual Property Objects of the Member States of the Eurasian Economic Union (hereinafter referred to as the Unified Register) was introduced into effect by Article 385 "The Unified Customs Register of Intellectual Property Objects of the Member States" of Appendix No. 1 to the Treaty on the Customs Code of the Eurasian Economic Union of the Customs Code of the Eurasian Economic Union.

The Eurasian Economic Union (EAEU) includes the following countries:

  • the Republic of Armenia;
  • the Republic of Belarus;
  • the Republic of Kazakhstan;
  • the Kyrgyz Republic;
  • the Russian Federation.

Currently, the Eurasian Economic Commission does not accept applications for the inclusion of intellectual property objects in the Unified Customs Register of Intellectual Property Objects of the Member States of the Eurasian Economic Union due to the need to develop and implement a common information system for applicants and the central customs authorities of the Union Member States.

In order to ensure the protection of rights to intellectual property objects along the entire perimeter of the customs border of the Union, the right holder needs to include his objects in 5 separate national registers of the Member States of the Union.

Namely in:

  1. TROIS (the Customs Register of Intellectual Properties) (the Russian Federation) ;
  2. the Register of intellectual property of the Republic of Armenia;
  3. the Register of intellectual property of the Republic of Belarus;
  4. the Register of intellectual property of the Republic of Kazakhstan;
  5. the Customs register of intellectual property objects of the State Customs Service of the Kyrgyz Republic.

Out of the total number of intellectual property objects included in the national customs registers of the Member States, only 15 trademarks of the following right holders are subject to concurrent protection by the customs authorities when goods are moved across the customs border of the Union:

  1. Beiersdorf AG.
  2. Chivas Holdings Limited
  3. Volkswagen AG
  4. Sony Corporation
  5. Bacardi & Company Limited
  6. Toyota Motor Corporation

Trademarks are the following:

1.1

1.2

1.3

1.4

1.5

1.6

1.7

2.1.

3.1.

4.1.

5.1.

5.2.

6.1.

6.2.

Grounds for including intellectual property objects in the Unified Customs Register are the following:

The right holder has sufficient grounds to believe that there may be a violation of his rights to objects of intellectual property provided for by international treaties and acts constituting the law of the Union and (or) the legal system of the Member States, in connection with goods transfer across the customs border of the Union or when performing other actions with goods under customs control.

The grounds for exclusion of intellectual property objects from the Unified Customs Register are as follows:

  1. Receipt of a request from the applicant.
  2. Receipt of information from public authorities (organizations) of the Member States that the persons or entities indicated in the Unified Register as right holders are deprived of rights to an intellectual property object or are limited in such rights in any of the Member States in accordance with the legislation of the Member States.
  3. Identification of the fact that the applicant submitted false information.
  4. Receipt of information about the change of the right holder in any of the Member States.
  5. Early termination of the legal protection of an intellectual property object in any of the Member States.
  6. Termination of security.
References:
  1. https://docs.cntd.ru/document/556739821
  2. https://customs.gov.ru/registers/objects-intellectual-property
  3. https://www.petekamutner.am/ContentList.aspx?itn=csCIIntelPropRegTrademarks
  4. https://www.customs.gov.by/zashchita-prav-na-obekty-intellektualnoy-sobstvennosti/index.php?sphrase_id=216456
  5. https://kgd.gov.kz/ru/content/tamozhennyy-reestr-obektov-intellektualnoy-sobstvennosti-1
  6. https://www.customs.kg/article/get?id=46

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