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Customs & Corporate Lawyers. Whats new Customs & Corporate Lawyers.

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Presentation on theme: "Customs & Corporate Lawyers. Whats new Customs & Corporate Lawyers."— Presentation transcript:

1 Customs & Corporate Lawyers

2 Whats new Customs & Corporate Lawyers

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6 The customs register of objects intellectual property Customs & Corporate Lawyers

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8 Dynamics of the process of inclusion of intellectual property objects in the customs register of objects of intellectual property in Customs & Corporate Lawyers

9 In the commodity structure of the customs registry prevail alcoholic drinks, confectionery, sports clothing and footwear Commodity structure of the customs register of objects intellectual property in 2012 Customs & Corporate Lawyers

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13 Types of legal liability in the field of intellectual property Customs & Corporate Lawyers

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18 A single customs registry of intellectual property objects Customs & Corporate Lawyers

19 The necessity of unification of the civil legislation of the Customs Union countries- members Customs & Corporate Lawyers

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21 Analysis of authorities on protection of intellectual property rights by customs authorities on the territory of the Customs Union Customs & Corporate Lawyers

22 Анализ полномочий по защите прав интеллектуальной собственности таможенными органами на территории Таможенного союза Customs & Corporate Lawyers

23 Анализ полномочий по защите прав интеллектуальной собственности таможенными органами на территории Таможенного союза Customs & Corporate Lawyers

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28 Agreement on uniform principles of regulation in the field of protection and enforcement of intellectual property rights Signed by the Government of the Republic of Belarus, Government of the Republic of Kazakhstan and the Government of the Russian Federation at 31 December 2010 Customs & Corporate Lawyers

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30 Judicial practice in the Russian Federation FEDERAL ARBITRATION COURT OF THE MOSCOW DISTRICT DETERMINATION Case A / Company «DIAGEO IRELAND» appealed to the Moscow Arbitration court with a claim against LLC «Yes-link» on the protection of exclusive rights for the trademark «GUINNESS» Customs & Corporate Lawyers

31 Judicial practice in the Russian Federation THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION Consideration of the complaint of the Vladivostok customs officials on the case A /2011 about the appeal of IP Chudov S.V. illegal decision to suspend the release of goods Customs & Corporate Lawyers

32 Judicial practice in the Russian Federation The degree of SAC of the Russian Federation on case A /2011 Customs & Corporate Lawyers

33 THE PROPOSALS OF THE FEDERAL ANTIMONOPOLY SERVICE To amend article 1487 of the Civil code of the Russian Federation by deleting the words «on the territory of the Russian Federation» To Supplement the Federal law from FL «On protection of competition» art. 14 the following content: «allowed actions of the rights owner of the trademark or other economic entities having the right to use the trademark on the territory of the Russian Federation on the basis of the contract release on customs territory of the Russian Federation, as well as for the prohibition of trafficking on the territory of the Russian Federation of goods, the trademark of which is placed by the copyright holder and that have been put into circulation outside the Russian Federation by the right holder or with his consent» To amend article 13 of the Agreement On uniform principles of regulation in the sphere of protection of intellectual property rights in the following manner: «From the date of entry into force of this change to the article 13 Agreement, the Parties enter the following principle of the exhaustion of exclusive rights to the trademark: not violate the exclusive trademark rights to use the trademark in relation to goods which have been lawfully introduced into civil circulation directly by the right holder or other persons with his consent», i.e., delete the words «in the territory of states Parties» Customs & Corporate Lawyers

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50 International partnership network of law companies Customs & Corporate Lawyers Customs & Corporate Lawyers

51 51 Representatives of the bar are members of various expert associations in the field of law, including members of the Expert Council of the Committee on budget and taxes of the State Duma of the Federal Assembly of the Russian Federation, members of the counsel on customs policy of Chamber of commerce and industry of Russia as well as experts of the Agency for strategic initiatives at the Government of the Russian Federation. Bar association is an Official consultant of International forums and congresses on intellectual property rights «Expopriority» Customs & Corporate Lawyers

52 legal support of foreign trade transactions, including the examination of all the basic documents required for the assessment of risks and tax consequences legal support of business related to the prevention and pre-trial settlement of conflict situations trial settlement of disputes connected with application of international and customs law representation when considering foreign economic disputes, including those outside the Russian Federation protection of rights to objects of intellectual property legal support of investment projects Bar association provides a full range of services in the field of foreign economic activity: Customs & Corporate Lawyers

53 THANK YOU FOR YOUR ATTENTION! , Russia, Moscow, Rozhdestvensky Boulevard 9, p. 1, of. 320, Tel. +7 (495) ; +7 (495) (fax), Website: Skype: customsadvocate The world is fair - while you are with us Customs & Corporate Lawyers


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