|
|
|
Coaching-An Adapting Tool For Attaining Fulfillment In The Global Economy
At a time when the global economy is bringing innovation, new ideas and new opportunities into the marketplace, outsourcing and the elimination of white-collar jobs has left many of us feeling anxious and insecure about the future. It is...
Don’t Shrink – RETHINK!
Now is the time to pull together and think creatively about our businesses. When times are easy, unfortunately, we often lose the edge to monitor performance, to question out-dated procedures and unnecessary expenses. Maintenance items slip when...
Selecting A Business Name
Picking a name for your new enterprise can be a daunting task. Spend the time required to make a wise choice on this key component of all of your future sales and marketing efforts. While the quick and dirty solution may seem to be to use your own...
The Big Picture: 5 Questions that Can Boost your Business
As business managers, entrepreneurs, and Webmasters, we strive for unobtainable perfection. Why do I say unobtainable? Because when we focus on perfection in one area, we forego attention elsewhere. Limited money and time mean you must choose...
Why a House Price Crash is GOOD for your Wealth!
Hard as you may find it to believe, there are actually very good reasons why the current world-wide collapse in house prices is probably beneficial to your own personal financial health. First, let's take a look at some history, so we are all...
|
|
| |
|
|
|
|
|
|
Protection of the Intellectual Property in Russia
A Governmental commission, headed personally by the Prime Minister has been created in Russia recently in order to counteract the infringements in the sphere of intellectual property. As he stated earlier, little is done for the protection of intellectual property rights in Russia and, therefore, both the rights owners and the state are actually robed. Are there any changes today in this area? What contribution has customs service made in order to protect business intellectual property rights? How can the consumers be sure that when buying medicines, products or clothes of known manufacturers they will get the goods that they expect?
It is certain that the problem has not been solved instantly. Today Russia suffers severe economic damage caused by the infringements of the author's and adjoining rights, misuses of inventions, trade marks, from uncollected tax revenues, and from the impossibility to increase national economic production of goods because of unfair competition.
Counterfeit aviation and automobile spare parts, fake combustive-lubricating materials, toys, medical equipment and pharmaceuticals, food are frequently dangerous to health and life of the population, and pose real threat to national safety of this country.
Starting Point
A legal base of interaction between customs bodies with other law-enforcement and control organs has been created in Russia; Rospatent, a State body which acts as federal enforcement authority in the field of intellectual property protection is now a part of the team.
Joint actions are carried out according to the guidelines of interdepartmental recommendations and measures, aimed at ensuring intellectual property protection, that have been developed and approved by the Ministry of Internal Affairs, by the State Customs Committee, and by Federal Tax Police Service and coordinated with the State Office of the Public Prosecutor of Russia.
Multiple changes and modifications to the legislation, regulating intellectual property protection have been adopted. They helped define customs and state regulations of the foreign trade activity, administrative infringements, and the criminal legislation.
Suspicion of Illegal Trafficking
The legitimate rights owner who has reasonable grounds to believe that his intellectual property rights could be infringed during customs clearance through the border of Russia can file a complaint with the State Customs Committee (SCC) of Russia and request the protection of his rights. The efficiency of this protection directly depends on the completeness of the information submitted by the legal owner who can assist customs bodies in counterfeit products identification. Such data can include information on the places of import and customs registration of legal production, information on exporters, importers of legal production, on distinctive signs of counterfeit goods, etc.
After consideration of application and, if required, after additional verification of the stated information, the documents issued by the State Customs Committee of Russia and the corresponding information are filed with the supervising customs bodies of Russia.
As practice shows, the infringements of the intellectual property rights are quite often accompanied by violations of customs rules. The examples of such are: import of a cargo, for example, claimed to be used for non-commercial purposes, falsified documentation and customs declarations, undeclared or falsely declared products, as well as other infringements for which administrative responsibility is
stipulated by the law.
Enforcement Practice
On July, 1, 2002 the new Administrative Violations Code (AVC) of the Russian Federation came into effect which stipulates administrative responsibility for copyright infringement and illegal use of trade marks. The procedural part of the Code states that customs bodies have the right to file reports of the above-stated intellectual property rights infringements discovered during customs control.
The reports, filed by customs bodies serve as a legal ground for court judgments imposing administrative penalties and fines and/or confiscation of the imported goods that violate copyright or other intellectual property rights or trade marks.
The state bodies conducted the analysis of the trade mark protection enforcement practice. The conducted study resulted in the development of guidelines and recommendations for the customs bodies on revealing and punishing offences connected to illegal use of trade marks. Those guidelines define the actions and serve as the legal ground for customs bodies actions and are based on concrete examples.
Customs bodies of foreign states control from several thousand up to several tens of thousand of trade marks. The customs bodies of Russia, according to the information of legal rights owners, control about 450 trade marks which are filed with the intellectual property register of the State Customs Committee of Russia.
The next step is to develop methodical recommendations concerning the owner’s legal and adjoining rights.
The analysis of court judgments shows that there is an urgent need to review the current judicial practice and submit it for consideration to the Supreme Arbitration Court of the Russian Federation.
It is necessary to note, that the first enforcement practice results have shown the necessity to update the administrative violations legislation. In particular, it is required to add to the Code the regulations on conducting investigations with the purpose of their qualitative pre-trial study and add legal permission to conduct the necessary examinations.
It would be expedient to increase the impeachment timeframe, as law breakers, in some cases, delay proceedings by every possible means, and go unpunished because of the impossibility to impeach them just two months after the date of the offence.
The "Greys" Consolidate
A tendency disturbing enough surfaced recently and is connected to "grey" importers joining efforts to counteract the measures adopted by the State Customs Committee of Russia and by customs bodies. The given counteraction is carried out as in the legal field (disputing in due order the requirements of normative legal acts, appealing the actions of customs bodies and their officials), as with the use of financial and administrative resources.
The New Code – The New Opportunities
Starting January, 1, 2004, when a shipment of products is suspected to be counterfeit, the customs bodies are given the right to detain the goods or delay the release of the goods containing objects of intellectual property for up to 20 days, and to inform the legal owner as well as a number of other rights.
The turn-over of the counterfeit goods will considerably decline in case of the intellectual property legislation control at all stages of the foreign economic transaction, starting with the signing of the contract and followed by customs registration.
Copyright 2005 OpenRussia.ru
Russian business directory
About the Author
None
|
|
|
|
|
| Finance - Leases-Leasing Ezine Articles |
| EzineArticles.com allows ezine or email list publishers to upload or download free expert content that can be used within email newsletters or websites. |
| ezinearticles.com |
|
| Finance: Leases Leasing Articles from EzineArticles.com |
| http://ezinearticles.com/?cat=Finance:Leases-Leasing Free Content For Your Ezine or Website http://creativecommons.org/licenses/by-nc-nd/2.0/ Why use your ... |
| ezinearticles.com |
|
| Leases Leasing - Money & Finance Articles |
| Leases Leasing - Money & Finance Articles. Money & Finance | Accounting & Payroll | Bankruptcy | Business & Loans | Credit Tips | Currency-Trading ... |
| www.article99.com |
|
| Finance » Leases Leasing » Absolute Article Directory |
| Absolute Article Directory: Finance, Leases Leasing. |
| www.absolutearticle.com |
|
| - Leases-Leasing |
| By David Springer | On January 29, 2006 | In Leases-Leasing | Rated. Short on cash, but need equipment? Consider leasing what you need. ... |
| www.articlebar.com |
|
| Leases Leasing |
| You are here: Article Directory arrow Article Directory arrow Finance arrow Leases Leasing ... Leases Leasing. Articles ... |
| www.rumorist.com |
|
| Long Term Car Rental Italy Auto Rentals Leases Leasing Rome Milan ... |
| Long Term Car Rental Italy Auto Rentals Leases Leasing Rome Milan Florence One Way Paris London Frankfurt Madrid Lisbon. |
| www.ideamerge.com |
|
| europe car rental leases leasing one way rentals long term renault ... |
| pictured is the Renault Laguna Estate, With Renault tax-free, short-term auto leasing you get the exact, brand-new vehicle you reserve, plus unlimited miles ... |
| www.ideamerge.com |
|
| Private Fleet - Finance, Insurance, novated leases, leasing, CHP ... |
| New Car Broker Australia. Private Fleet sales discounts on your new car purchase, no haggle, no hassle saving $1000s off all new and used cars for private ... |
| www.privatefleet.com.au |
|
| Projector Leases, Leasing Companies for LCD, DLP, LCOS projectors |
| Projector leasing programs and services. Choose a company. |
| www.projectorcentral.com |
|
| Category: leases-leasing |
| Category... leases-leasing. Results 1 - 3 of 3. Search took 0.01 seconds. Page 1 of 1. Buy or Lease: Which Automobile Transaction is Better? ... |
| www.articler.com |
|
| John Dellagnese & Associates: offices, officespace, lease, leases ... |
| It takes two companies to bring you the premier Corporate Property Development group in Northeast Ohio: the talents of John Dellagnese and Associates ... |
| www.dellagnese.com |
|
| John Dellagnese & Associates: offices, officespace, lease, leases ... |
| Welcome to our Tenant Login Page. * Forgot your password or haven't received one yet? Email us tinah@dellagnese.com or call 330-668-4000 and we will reply ... |
| www.dellagnese.com |
|
| The-Arts-Magazine.com - Leases-Leasing |
| Home arrow Article Links arrow Finance arrow Leases-Leasing. Main Menu ... Mosets Tree. Leases-Leasing. Listings. There are 0 listings in this category. |
| www.the-arts-magazine.com |
|
| OmegaMotors.com - Your Money - Leases - Leasing Overview |
| Blue Book retail & trade-in value reports on used vehicles. Kelley features prices on used cars, trucks, street and dirt bikes, ATVs, scooters, ... |
| www.omegamotors.com |
|
| Entertainment Guide - Leases-Leasing |
| Sunday, 03 December 2006, Home arrow Article Resources arrow Finance arrow Leases-Leasing ... Mosets Tree. Leases-Leasing ... |
| www.entertainment-resource-directory.com |
|
| - Leases-Leasing |
| Mosets Tree. Leases-Leasing. Listings. There are 0 listings in this category. spacer.png, 0 kB. spacer.png, 0 kB. download joomla modules download joomla ... |
| www.healthcare-resource-guide.com |
|
| FINANCEDEPARTMENT.COM- Finance, Mortgages, Leases, Leasing ... |
| Finance, Mortgages, Leases, Leasing, Brokerage Houses, Mortgage Lending. |
| www.financedepartment.com |
|
| vehicle leases leasing guide and facts |
| vehicle leases leasing guide and facts. Under the federal Consumer Leasing Act, you, the consumer, have a right to information about the costs and terms of ... |
| www.shopperfavorites.com |
|
| - Leases-Leasing |
| spacer.png, 0 kB. spacer.png, 0 kB. Home arrow Article Resources arrow Finance arrow Leases-Leasing. Mosets Tree. Leases-Leasing ... |
| www.cars-directory-guide.com |
|
|