In its decision No. 148 of 2 September 2019, the Board of the Eurasian Economic Commission adopted new process documents as part of the information exchange between members states of the Eurasian Economic Union (EEU). Together with this document entering into force, another decision of the Board of the Eurasian Economic Commission took effect: decision No. 35 of 6 March 2018 On Keeping an Integrated Customs Register of Intellectual Property of the EEU Member States.
This was the start of final preparations for launching an integrated customs register of intellectual property (ICRIP) for all EEU countries, namely for: Russia, Belarus, Kazakhstan, Armenia and Kyrgyzstan. The ICRIP operational model makes it possible for right holders to ensure the customs protection of their intellectual property across all EEU member states by filing one application with the Eurasian Economic Commission (EEC).
The new regulation sets out the following conditions for including intellectual property on the ICRIP:
- Only items protected by copyright (literary works, works of fine art, works of design, photographs, and other works) and neighbouring rights (phonograms, performances, etc) or trademarks may be included on the ICRIP.
- The specified items are protected in the entire territory of all EEU member states. Whereas in respect of items protected by copyright and neighbouring rights this condition will actually be met at all times by virtue of international statutes, the trademarks will require registration in each of the member states. The legal protection of a trademark may be procured either separately via the national agencies of each country or by registering the international trademark in the Madrid system in Russia, Belarus, Kazakhstan, Armenia and Kyrgyzstan.
- The right holder has sufficient reasons to believe that the right holder's rights to such intellectual property are at risk of being infringed in connection with the movement of goods across the EEU customs border or in connection with other transactions to be made involving goods under customs control.
The timeframe for registering on the ICRIP is limited to two years from the date of inclusion on the register, but must not exceed the term of the legal protection of intellectual property in the country where it expires earlier than in other countries.
The ICRIP will go live when all EEU member states join the single process of the creation, maintenance and use of the ICRIP.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.