Legal Regulation of the Activities of the Customs Authorities of the Russian Federation on Protection of Rights to Intellectual Property Objects
( Pp. 122-130)
More about authors
Bespalko Viktor G.
d-r yurid. nauk, docent; professor kafedry tamozhennyh dohodov i tarifnogo regulirovaniya; professor kafedry filosofii, politologii i sociologii
Russian Customs Academy; National Research University “Moscow Energetics Institute”
Lyubertsy, Moscow region, Russian Federation; Moscow, Russia Sergey P. Zhdanov Cand. Sci. (Law), Assoc. Prof., Associate Professor of the Department of Philosophy, Political Science, Sociology named after G. S. Arefieva; Moscow Power Engineering Institute (MPEI), Associate Professor of the basic department "Economic and Legal Expertise"; Forensic Expert Union "Expert Council"; Plekhanov Russian University of Economics, Associate Professor of the Department of Customs Law and Organization of Customs Affairs; Federal state autonomous educational institution of higher education "Russian university of transport"
Federal state autonomous educational institution of higher education "Russian university of transport"
Moscow, Russian Federation Rudakova Elena N. Dr.Sci.(Politics), Associate Professor, Professor of the Department of Customs Law and Customs Organization
Russian university of transport
Moscow, Russian Federation
Russian Customs Academy; National Research University “Moscow Energetics Institute”
Lyubertsy, Moscow region, Russian Federation; Moscow, Russia Sergey P. Zhdanov Cand. Sci. (Law), Assoc. Prof., Associate Professor of the Department of Philosophy, Political Science, Sociology named after G. S. Arefieva; Moscow Power Engineering Institute (MPEI), Associate Professor of the basic department "Economic and Legal Expertise"; Forensic Expert Union "Expert Council"; Plekhanov Russian University of Economics, Associate Professor of the Department of Customs Law and Organization of Customs Affairs; Federal state autonomous educational institution of higher education "Russian university of transport"
Federal state autonomous educational institution of higher education "Russian university of transport"
Moscow, Russian Federation Rudakova Elena N. Dr.Sci.(Politics), Associate Professor, Professor of the Department of Customs Law and Customs Organization
Russian university of transport
Moscow, Russian Federation
Abstract:
The article is devoted to the study of the mechanism of legal regulation of the activities of Russian customs authorities on the protection of rights to intellectual property objects. The authors consistently analyze the legal framework for the activities of customs authorities to protect intellectual rights, including the sources of international universal law, as well as the law of the Eurasian Economic Union and the national legislation of the Russian Federation. Particular attention is paid to the legal regulation of the suspension by the customs authorities of the period for the release of counterfeit goods, as well as the maintenance of customs registers of intellectual property objects. In addition, the article provides an assessment of the effectiveness of the application by customs authorities of measures of administrative responsibility against infringers of intellectual rights. Based on the results of the study, a general assessment of the current state of legal regulation of this area of activity of customs authorities is given.
How to Cite:
Bespalko V.G., Sergey P.Z., Rudakova E.N., (2021), LEGAL REGULATION OF THE ACTIVITIES OF THE CUSTOMS AUTHORITIES OF THE RUSSIAN FEDERATION ON PROTECTION OF RIGHTS TO INTELLECTUAL PROPERTY OBJECTS. Gaps in Russian Legislation, 6 => 122-130.
Reference list:
Abramov A.M., Bespalko V.G., Zhdanov S.P. et al. Administrative and criminal liability for encroachments on intellectual property: a tutorial. M.: Publishing house of the Russian Customs Academy, 2014.160 p.
Bespalko V.G. On the issue of improving the means of criminal legal protection of intellectual property // Russian investigator. 2008. No. 2. P. 13-15.
Bespalko V.G. The role of customs authorities in ensuring the cultural rights of citizens // Culture: management, economics, law. 2020. No. 4. P. 3-9.
Report on the results of the control event «Checking the completeness of payment of customs payments to the federal budget, in the period 2018-2019 and the expired period of 2020, in relation to goods imported into the territory of the Eurasian Economic Union and classified as intellectual property (including patents, trademarks, copyright)» (approved by the Board of the Accounts Chamber of the Russian Federation on 25.12.2020) [Electronic resource]. Access mode: https://ach.gov.ru/upload/ iblock/1bb/1bbb 4139914f4f2e51e0edb565f19647.pdf (date of access - 07.11.21).
A criminal case was opened against H&M in Russia for non-payment of duties // RIA NOVOSTI [Electronic resource]. Access mode: https://ria.ru/20210209/poshliny-1596708813.html (date of access - 08.11.2021).
Sukhareva I. V. Special aspects of control of the customs value of goods containing objects of intellectual property // Bulletin of the Russian Customs Academy. 2015. No. 3. P. 60-68.
FCS confirmed initiation of a case on non-payment of duties against H&M // RIA NOVOSTI [Electronic resource]. Access mode: https://ria.ru/20210210/poshliny-1596894104.html (date of access - 08.11.2021).
Albov A.P., Kupriyanova L.M., Gorbunov Z., Zhdanov S.P., Kamyshansky V.P. Harmonizing the customs laws of the European Union and the Russian Federation used for protecting Intellectual Property Rights // Revista Inclusiones. 2020. Vol. 7. P. 163-177.
Bespalko V.G. On the issue of improving the means of criminal legal protection of intellectual property // Russian investigator. 2008. No. 2. P. 13-15.
Bespalko V.G. The role of customs authorities in ensuring the cultural rights of citizens // Culture: management, economics, law. 2020. No. 4. P. 3-9.
Report on the results of the control event «Checking the completeness of payment of customs payments to the federal budget, in the period 2018-2019 and the expired period of 2020, in relation to goods imported into the territory of the Eurasian Economic Union and classified as intellectual property (including patents, trademarks, copyright)» (approved by the Board of the Accounts Chamber of the Russian Federation on 25.12.2020) [Electronic resource]. Access mode: https://ach.gov.ru/upload/ iblock/1bb/1bbb 4139914f4f2e51e0edb565f19647.pdf (date of access - 07.11.21).
A criminal case was opened against H&M in Russia for non-payment of duties // RIA NOVOSTI [Electronic resource]. Access mode: https://ria.ru/20210209/poshliny-1596708813.html (date of access - 08.11.2021).
Sukhareva I. V. Special aspects of control of the customs value of goods containing objects of intellectual property // Bulletin of the Russian Customs Academy. 2015. No. 3. P. 60-68.
FCS confirmed initiation of a case on non-payment of duties against H&M // RIA NOVOSTI [Electronic resource]. Access mode: https://ria.ru/20210210/poshliny-1596894104.html (date of access - 08.11.2021).
Albov A.P., Kupriyanova L.M., Gorbunov Z., Zhdanov S.P., Kamyshansky V.P. Harmonizing the customs laws of the European Union and the Russian Federation used for protecting Intellectual Property Rights // Revista Inclusiones. 2020. Vol. 7. P. 163-177.
Keywords:
customs, customs law, customs authorities, intellectual property law, intellectual property rights, exclusive rights, protection of rights to intellectual property objects, counterfeit goods.
