Export Knowhow

IPR registration at the Russian customs

Protecting of intellectual property of a foreign company by entering it into the Russian Customs Register of Intellectual Property Objects

When exporting goods to the Russian market, foreign companies face the important questions of how to protect their intellectual property (IP)  and how to prepare for possible cases of counterfeiting or parallel import (import of original goods without authorization of the manufacturer).

Moscow

The Customs Register of Intellectual Property Objects (rus. ТРОИС = TROIS) can help to solve these issues. It is managed by the Russian Federal Customs Service (FCS) with the purpose of protecting intellectual property objects and identifying cases of illegal use when they cross the border of the Russian Federation.

What kind of intellectual property can be included in TROIS?

TROIS may contain information about:

  • trademarks;
  • place of origin of goods;
  • objects of copyright.

Inclusion criteria for TROIS are:

  • valid trademark registration on the territory of the Russian Federation, performed according to Russian law or according to the international agreements;
  • cases of import of goods into the territory of the Russian Federation that infringe the intellectual property rights of the relevant company and brand.

How does it work?

Foreign owners of  intellectual property objects, or their licensed representatives in Russia, may have their intellectual property included in TROIS by applying to the FCS of the Russian Federation.

Next, based on information from TROIS, the FCS implements control mechanisms and stops any attempt to  import counterfeit goods and goods of parallel import to Russia.

If the FCS detects any  sign of counterfeit import, an automated algorithm triggers immediate countermeasures.  The customs release of these goods is suspended and the customs authorities inspect them additionally. If the fact of the import of counterfeit goods is confirmed,the goods are confiscated..

How long does the protection of TROIS last?

The registration lasts for up to 2 years and can be prolonged for an unlimited number of times.

Advantages of TROIS

From the moment of the inclusion of intellectual property in TROIS, the owner or a licensed representative in Russia acquires a number of mechanisms to counteract the intellectual property infringement. Among the opportunities that registration at TROIS provides, we would like to note:

  • quick prevention of attempts to import counterfeit goods and parallel imports from abroad before they are sold in the Russian market;
  • compensation claims against the infringer of intellectual property rights.

All things considered, the existing mechanism of protection of the TROIS allows not only to identify illegal importers and prevent attempts to import counterfeit goods and parallel imports, but also to bring the offenders to justice for infringement at the Russian customs.

As for the Eurasian Economic Union (EAEC), it should be mentioned that at present, the Customs Register is valid only for the Russian Federation. A unified customs register of intellectual property of all five member countries - Russia, Belarus, Kazakhstan, Kyrgyzstan and Armenia - is currently being created. It is expected that the unified customs register will be available in 2021, which will ensure effective protection of the intellectual property owners throughout the territory of the Eurasian Economic Union (EEU).

Do you have questions?

Contact SWILAR LLC via our Expert Directory

Support for your international business in Russia

Do you have any questions on how to protect your intellectual property? Get in contact with our Senior Consultant for Russia, Michael Kühn, today and discuss international business plans.

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