December 5, 2014
The Eurasian Economic Union – New Stage of the Regional Intellectual Property Integration

The Treaty on the Eurasian Economic Union signed by the Presidents of Russia, Kazakhstan and Belarus on May 29, 2014 has been ratified by the member-states and will come into effect on January 1, 2015. On October 10, 2014 the Agreement on Armenia’s joining the Treaty was signed in Minsk now undergoing the ratification procedure. Currently the joining of the Union by Kyrgyzstan and Tajikistan is vividly discussed.

The Treaty on the Eurasian Economic Union presumes the creation of the economic union of the free goods, services, capital and labor resources circulation with the unified and coordinated policy concerning the economy key aspects. The Treaty contains the provisions of custom and technical regulation, foreign trade policy and domestic market protection measures etc., in particular covering the intellectual property regulation segment.

Paragraph XXIII of the Treaty and the Protocol on the Protection of Rights of Owners of Intellectual Property Objects (Annex 26 to the Treaty) regulate the main aspects of the legal relations in the IP rights sphere.

The Treaty stipulates the cooperation of the member-states for the harmonization of the IP rights legislation as well as the protection of the rightholders interests. As the key aspects for cooperation the protection of the IP rights including in Internet, custom protection of the IP rights specifically through the system of the Union Custom Register and coordination of actions for combating counterfeit goods are mentioned.

In particular the introduction of the system of trademarks/servicemarks and appellations of origin of the Eurasian Economic Union is stipulated. The trademarks/ service marks of the Union will be granted protection on the territory of the Union. The protection can be granted only to the Trademarks/Servicemarks represented in graphic form.

In the IP rights protection sphere the Union accepts the principle of the regional rights exhaustion.

The procedural mechanism of the registration of the trademarks/servicemarks and appellations of origin of the Eurasian Economic Union as well as many important aspects of the unified trademark system functioning are not formed at the moment stipulating further development of the general declarative provisions of the Treaty.

Though despite the fact that the final implementation of the goals and principles of the Treaty should take a certain period of time it is observed as an important step for the harmonization of the regional IP legislation, introduction of the Union Trademark system and cooperation in combating the counterfeit good.

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