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Driving Jurisdictional Consistency

Article by Ignacio Lazaro, PETOŠEVIĆ COO, published in The World Trademark Review, June/July 2013

What the draft agreement on a unitary trademark in Belarus, Kazakhstan and the Russia Customs Union may mean for brand owners

The Eurasian Economic Commission – a supranational body that supervises the integration process between Kazakhstan, Russia and Belarus within the Customs Union and the Single Economic Space (SES) – has published a draft Agreement on Trademarks, Service Marks and Appellations of Origin in the Territory of the Single Economic Space between the Customs Union members. The draft agreement, dated December 20 2012, has been issued following the enactment of the Agreement on Unified Principles of Regulation in the Sphere of IP Rights Protection, which entered into force on January 1 2012. This stipulates that the Customs Union members must adopt a “single mechanism for the
registration of trademarks and appellations of origin (geographical indications) through a separate agreement”.

The objective of the draft agreement is to create an SES trademark, which would co-exist with national rights – similar to the way in...

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