Problems of Intellectual Piracy and Counterfeiting in the EAEU Countries

Abstract

This article discusses the problematic issues of intellectual piracy and counterfeiting in the EEU countries. Analyzed international instruments, given the statistics in the context of the EEC according to the ECA, the FCS, the types of the main groups of counterfeit goods moved across the customs border, the issues of online trading of counterfeit products, given the statistics of the market size of counterfeit products. The legal characteristics of the concepts of «counterfeit», «intellectual piracy» from the point of view of legislation, doctrine and practice are given. In order to prevent offenses, special tables of «counterfeit indices» developed by the Russian Anti-Piracy Organization to help law enforcement agencies and copyright holders, which allows them to independently identify counterfeit copies without the involvement of experts, as well as the table of the Moscow Center for Independent Comprehensive Examination and Certification of Systems and Technologies, which proposed to use a system of criteria for protecting computer disks with computer programs from counterfeiting according to certain criteria, are considered. Purpose. To investigate current problematic issues of intellectual piracy and counterfeiting in the EAEU countries. Methodology: system-structural, concrete-sociological, historical-legal, social-legal, comparative-legal, statistical methods of work were used in writing the article. Results. Proposals and conclusions based on the analysis of international legislation, as well as regulatory legal acts of the EAEU countries that were in force at the moment. The relevance and practical significance of the article lies in the analysis of intellectual piracy and counterfeiting in the EAEU countries. The special significance of this study lies in the fact that the developed theoretical provisions of this work can be used in the future for further study and consideration of issues related to counterfeiting and intellectual piracy in the doctrine and legislation of the EAEU countries. With this research, the author invests a significant resource in the theoretical part of civil law. Novelty/originality/value: The article has a high scientific value, as it is one of the first attempts to consider topical issues of intellectual piracy and counterfeiting in the EAEU countries.