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“The team was recently visible advising on a number of pharmaceutical cases. Sources agree that the team is “moving in the right direction” and are particularly impressed by its work in the pharmaceutical sector”.

 

Plan to Combat Intellectual Property Right Infringements

06.11.2018

Mariia Koval, attorney at Ilyashev & Partners Law Firm

Source: LB.UA

In October the European Union adopted the Action Plan to Combat Intellectual Property Right Infringements for the Years 2018-2022. The plan pursues four strategic objectives: effective customs enforcement of intellectual property rights, development of new approaches to counteracting trade in goods infringing these rights, counteracting trade in goods infringing intellectual property rights in the international supply chain, and strengthening cooperation with the European Observatory on infringement of intellectual property rights.

In fact, this is an action plan developed for the EU customs authorities. At the same time, by spring 2019 the European Commission should implement a new plan, i.e. develop clear working procedures and practices for the EU customs authorities to prevent and combat infringements of the intellectual property rights.

What does the new plan mean to Ukraine? Having regard to the fact that last year the European Union has already expressed dissatisfaction with the Ukrainian reforms in the field of intellectual property right protection, we can expect that the deliveries of goods from/to Ukraine from/through the European Union will undergo more careful inspections.

In addition, taking into account the fact that Ukraine has not yet adopted the majority of draft laws, which it has undertaken to adopt pursuant to the requirements of the free trade zone and which have already been developed in 2015 together with the EU experts, the European Union can raise the issue of adoption of the aforementioned draft laws to effectively combat the infringements of intellectual property rights. We can also assume that the European Union may eventually require Ukraine to strengthen responsibility for the infringement of intellectual property rights.

Due to the adoption of a new plan, it can be expected that the so-called parallel import of goods will be subject to special control, i.e. in the case of import/export of goods, which may potentially infringe the intellectual property rights of third parties, the customs authorities will undoubtedly require confirmation of legal purchase of such goods in the territory of the European Union or beyond its borders.

However, we should not expect any particular changes regarding Ukraine resulting from the adoption of such plan, since the European Union has already adopted similar plans (EU Action Plan to Combat Intellectual Property Right Infringements for the Years 2009-2012, the EU Customs Action Plan to Combat Intellectual Property Right Infringements for the Years 2013-2017). The European Union is still most interested in cooperating with the main source of goods infringing the intellectual property rights, namely, with China.

The Report on Implementation of the EU Customs Action Plan for the Years 2009-2012 says that Member States’ customs administrations and the European Commission have been very active in providing a firm response to the key challenges associated with the enforcement of intellectual property rights by customs. In a period between 2009 and 2011 the number of cases of detention of goods, infringing the intellectual property rights, by customs increased form 44 000 to 91 000 articles, reaching 115 million articles in 2011.

In any case, it can be predicted that the European Union will more actively cooperate with Ukraine in the field of intellectual property rights protection, especially with regard to responsibility strengthening and development of measures to prevent the violation of procedure for importing goods, containing intellectual property items, through the common borders, in particular, the development of a unified form of information exchange, the expansion of cooperation from the predominantly cross-border level to interregional level, the introduction of a unified form of statistical reporting on cases of intellectual property right infringements at customs etc.

 
© 2018 Ilyashev & Partners / Veebilehe mobiilversioon