Cross-border aspects of administrative protection of intellectual property: a survey of Russian court practice

Abstract

The importance of studying the protection of intellectual property rights in the face of modern challenges and threats, changes in Russia’s economic paradigm, and the search for new competitive advantages in the global economy is undisputed. The article aims to analyze the selected cross-border aspects of the administrative protection of intellectual property based on a review of Russian judicial practice. In this research, the formal-legal, comparative-legal, historical methods, as well as method of system analysis of the judiciary acts are used. The analysis of judicial practice in administrative cases related to intellectual property identified by the customs authorities reveals several problem areas. These issues include the competence of customs authorities in implementing customs control of goods containing intellectual property items, the use of expert procedures, the participation of the right holder in such litigation, and the exhaustion of intellectual property rights in the context of sanctions against Russia. Regarding the competence of customs authorities in the field of administrative protection of intellectual property rights, clear limits of such competence are defined, particularly in relation to the cross-border movement of goods under customs control. It is concluded that customs protection of intellectual property is limited to part of the intellectual property during cross-border movement. The article emphasizes the significant role of expert procedures in administrative cases related to intellectual property involving customs authorities. Arguments are presented against the use of opinions issued by copyright holders, and the participation of the copyright holder in the administrative protection of exclusive rights in the cross-border movement of goods is assessed. Special attention is paid to the principle of rights exhaustion and its implementation in judicial practice, particularly in the context of strengthening the sanctions regime against Russia and the partial legalization of parallel imports. The article concludes that cross-border protection of intellectual rights is positioned as an element of the entire system of legal protection of intellectual rights.

Keywords

• administrative cases
• intellectual property
• customs authorities
• exhaustion of rights
• trademark
• examination
• copyright holder
• judicial practice
• competence
• counterfeit