Legal Support for Intellectual Property Rights Protection

Intellectual property encompasses the results of intellectual activity as well as the proprietary and moral rights of a right holder over such creations or means of individualization. Intellectual property is strictly protected by law. A citizen or legal entity possessing an exclusive right to the result of intellectual activity or a means of individualization (the right holder) is entitled to use such assets at their own discretion in any manner that does not conflict with applicable statutory frameworks.

Pursuant to Article 1252 of the Civil Code of the Russian Federation, the protection of exclusive rights to the results of intellectual activity and means of individualization is executed, in particular, by filing formal claims for:

1. declaratory relief or recognition of rights – brought against a party that denies or otherwise fails to recognize the right, thereby infringing upon the legitimate interests of the right holder;
2. injunctive relief or cessation of actions – directed at a party committing infringing acts or making necessary preparations for them, as well as against other entities capable of halting such actions;
3. the recovery of damages – pursued against an entity that unlawfully utilized the result of intellectual activity or means of individualization without a valid licensing agreement with the right holder (non-contractual use), or otherwise violated their exclusive rights and caused material harm, including the infringement of their right to remuneration;
4. the seizure of material media – demanded from its manufacturer, importer, custodian, carrier, seller, or any other distributor, as well as from a bad-faith purchaser;
5. the publication of the judicial decree – requiring the infringer to publish the court judgment detailing the violation and explicitly identifying the true right holder.

In accordance with Article 1251 of the Civil Code of the Russian Federation, when an author's moral rights are infringed, their legal protection is enforced through:

1. the formal recognition of ownership rights;
2. the restoration of the operational status quo existing prior to the infringement;
3. the granting of permanent injunctions to halt ongoing or threatened violations;
4. the award of monetary compensation for moral distress;
5. the mandatory publication of the final court judgment regarding the committed violation.

Common categories of intellectual property infringement include the unauthorized export of goods in violation of IP rights, the manufacturing of commercial products utilizing patented inventions or designs, plagiarism, and software piracy or unauthorized source code replication.

Navigating Parallel Imports and Safeguarding Right Holder Interests

Concurrently, it is critical to note that under Article 124 of the EAEU Customs Code, if a customs body detects signs of intellectual property right infringement during customs declaration or clearance operations, the statutory release period for such goods shall be suspended for 10 business days. Furthermore, the Board of the Eurasian Economic Commission (EEC), via Decision No. 35 dated March 6, 2018, enacted the binding Regulations on Maintaining the Unified Customs Register of Intellectual Property Objects.

Shifting global geopolitical dynamics have substantially transformed foreign economic activity (FEA), particularly concerning cross-border intellectual property enforcement. Federal Law No. 46-FZ "On Amending Certain Legislative Acts of the Russian Federation" authorized the Government of the Russian Federation during the 2022, 2023, and 2024 calendar years to establish specialized product lists exempt from certain provisions of the Civil Code of the Russian Federation regarding the protection of exclusive rights to intellectual property contained within such goods or the trademarks with which they are branded.

As a general civil law rule, parallel imports remain restricted; however, given current economic realities, importers have been legally exempted from liability for importing original, genuine goods branded with a right holder's trademark without obtaining their explicit authorization.

Specifically, Ministry of Industry and Trade of Russia Order No. 2701 approved the comprehensive List of Goods (Product Groups) to which the enforcement provisions of Articles 1252, 1254, Clause 5 of Article 1286.1, Articles 1301, 1311, 1406.1, Subclause 1 of Article 1446, Articles 1472, 1515, and 1537 of the Civil Code of the Russian Federation do not apply, provided that these goods were legitimately introduced into commercial circulation outside the territory of the Russian Federation directly by the right holders (patent holders) or with their formal consent.

The legislative formalization of parallel imports arose primarily as a regulatory countermeasure to economic sanctions introduced by foreign jurisdictions, which restricted or prohibited the direct supply of various commodities. Consequently, the adoption of these regulatory instruments facilitated the lawful importation of goods without seeking right holder consent. In the vast majority of cases, commodities imported via parallel channels consist of essential industrial machinery, raw materials, or components critical to specific sectors of the economy. The primary regulatory objective of this parallel framework is to mitigate structural product shortages within the domestic market.

Customs authorities actively implement enforcement measures to protect intellectual property rights when goods are placed under active customs procedures, with the exception of the customs transit procedure, destruction procedure, or specialized customs procedures. The trade defense mechanisms executed by customs bodies do not prejudice or restrict the right holder's standing to pursue alternative civil, administrative, or criminal remedies in accordance with the domestic laws of the member states or applicable international treaties executed with third parties.

Introducing Intellectual Property Assets into the Customs Registry

One of the most effective defensive mechanisms for safeguarding intellectual property assets is enrolling them in the national Customs Register of Intellectual Property Objects (TROIS). This register accommodates copyrights, related rights, trademarks, service marks, appellations of origin, and geographical indications, provided that the federal executive body tasked with customs oversight and enforcement has issued a formal decision or an advance determination approving entry into the registry.

The Federal Customs Service (FCS) established the precise administrative workflow for managing the TROIS database, as well as the standardized templates and filing requirements, under FCS Russia Order No. 131 "On Approving the Administrative Regulations of the Federal Customs Service for providing the State Service of Maintaining the Customs Register of Intellectual Property Objects."

Managing Customs Suspensions of Goods and Right Holder Protection

The operational release of cargo containing intellectual property objects is managed directly by regional customs bodies, while the central apparatus of the FCS maintains the master TROIS database. Across the EAEU territory, the consolidated customs registry operates under the mandate of EEC Board Decision No. 35 dated March 6, 2018. The specific IP classifications eligible for inclusion within this supranational registry comprise copyrights, related rights, trademarks, service marks, and designations of product origin.

A right holder possessing reasonable grounds to believe that a violation of their intellectual property rights may occur is entitled to file a formal application to incorporate their asset into the Unified Customs Register of Intellectual Property Objects of the EAEU member states. The application must be accompanied by comprehensive documentation validating the existence and ownership of IP rights in each individual member state (including certificates of registration, assignments, licensing agreements, and alternative evidentiary disclosures recognized under domestic statutes), alongside verified corporate data specified in the filing requirements. Applicants may also submit physical product samples to serve as baseline evidence for identifying authentic vs. counterfeit cargo, helping customs officials recognize potential infringements.

If signs of a trademark or copyright violation are detected during customs operations associated with placing goods under specific customs procedures, the statutory release window for the entire shipment is suspended. Formal administrative decisions regarding the initial suspension or the subsequent extension of a cargo hold are issued exclusively by the head of the respective customs post or an authorized supervisory official.

Upon the expiration of the statutory suspension period, the release of the cargo is automatically reactivated unless the right holder presents formal documentation to the customs authority proving that the goods have been judicially seized, placed under an injunction, or subject to confiscation under regional member state laws. Notably, customs authorities maintain the ex-officio right to suspend the release of cargo containing intellectual property assets not currently listed in the national or unified TROIS databases, provided such actions comply with domestic customs regulations. The initial protection window granted by customs authorities upon registry entry is calibrated based on the timelines requested by the right holder and the validity of the supporting deeds, subject to a maximum statutory limit of two years per enrollment cycle.

Defense and Representation Against Administrative Liabilities for Intellectual Property Infringements

The execution of customs controls during import and export operations entails not only routine cargo clearance but also meticulous auditing to identify potential intellectual property violations. Adverse findings during these regulatory checks can trigger severe administrative prosecution under the Code of Administrative Offenses of the Russian Federation (CoAO RF), with primary exposure concentrated under the following statutory counts:

1. Article 7.12. Infringement of copyright, related rights, inventive rights, and patent rights.
2. Article 7.28. Violation of established procedures for patenting industrial property objects in foreign states.
3. Article 14.10. Unlawful utilization of means of individualization for goods, works, or services.

Maintaining a thorough grasp of cross-border intellectual property rights and utilizing robust defense mechanisms allows corporate entities to focus on international trade expansion while ensuring full compliance with complex regulatory mandates and protecting proprietary assets from unlawful exploitation by competing trading enterprises.

Intellectual Property Protection and Parallel Import Legal Engagements

1. Advising on the legal mechanisms of intellectual property protection within foreign economic activity (FEA) and parallel import frameworks;
2. Delivering strategic IP defense strategies concerning authorized parallel imports and anti-counterfeiting compliance;
3. Managing the structural inclusion of corporate assets within national and unified Customs Registers of Intellectual Property Objects (TROIS);
4. Drafting comprehensive documentation, licensing structures, and cease-and-desist notices required to safeguard proprietary intellectual property;
5. Representing client interests in cross-border intellectual property disputes with foreign counterparties and before commercial courts or administrative tribunals.