| |
WEDNESDAY, 21 JULY 2010
Customs union poses fresh threats along with opportunities
 In an article recently published online on International Law Office, "Customs union: hidden dangers for trademark owners", Baker & McKenzie CIS's Eugene Arievitch reports on the customs union between Belarus, Kazakhstan and Russia which came into operation earlier this month, on 6 July 2010, removing the customs borders between the three former Soviet republics. While the new union offers advantages for businesses, since it creates a single economic space, it presents challenges for trade mark owners.
Each of the three countries has maintained its own trade mark registry, but that of Russia has attracted the registration of far more trade marks than the other two countries. Now that trade barriers are being dismantled, goods bearing trade marks which are registered in Russia, but not in Belarus or Kazakhstan, might freely enter union territory from neighbouring territories, such as Poland in the west and China in the east. As the author observes:
"Such goods may be counterfeit or may simply be third-party merchandise bearing a trade mark which is identical or similar to a mark registered in Russia. Until now, Customs prevented such goods from entering Russia. However, not all goods were held as a matter of course - the authorities detained goods only if they bore a trade mark that was identical or confusingly similar to one recorded in the Customs Register of Objects of Intellectual Property. Trade mark owners have complained - with good reason - about the long list of registration requirements, but the system has proved effective, as shown by the ever-growing number of trade marks (and, recently, some copyrights) appearing in the register".
Belarus and Kazakhstan do have their own IP registers for customs control purposes, but these registers contain far fewer entries than their Russian equivalent. In any event, whatever the effectiveness of the border measures in Belarus and Kazakhstan, they will be entirely inapplicable in respect of trade marks not registered there. Thus, it is vital for trademark owners to protect their trade marks in all three countries through either national or international registration procedures.
Posted by: Jeremy Phillips @ 05.58
Tags: Russia, Belarus, Kazakhstan, Customs Union, |
|
0 comments: 
Subscribe in a reader