The Customs union of Russia, Belarus and Kazakhstan (Further - CU) started working since January 1, 2010. Since July, 2010 the fundamental document which regulates legal relationship in the CU became the Customs code (Further - the Customs Code of the Customs Union). Questions of intellectual property are regulated by chapter 46 of the Customs Code of the Customs Union which defines measures for protection of the rights to objects of the intellectual property, taken by customs authorities.

CU creation with existence uniform the customs territory, customs border, a customs tariff and all customs legislation as a whole is urged to promote development of customs institute of protection of intellectual property1.

Customs authorities can suspend release of the goods containing signs of objects of intellectual property, included in the special register, on the basis of the written statement of the owner or his representative.

The owner (or his lawful representative), who has the bases to believe that when moving goods through customs border or making other actions with the goods being under customs control, occurs the violation of his rights on the corresponding intellectual product, he has the right to submit the application to customs authority about taking measures, connected with stay of release of such goods.

One of the reasons of emergence of big volume of offenses in the sphere of intellectual property seems the imperfection of the system of protection of an intellectual product by customs authorities. Let's point out the obvious defects of legal regulation in the considered sphere.

First, this imperfection in standardization of the legislation of the countries of the Customs union in the field of protection of intellectual property. At creation of the Customs union between Russia, Belarus and Kazakhstan with uniform the customs territory and customs policy within unification,was created the Uniform customs register (ETROIS) and together with it take place to be also 3 national customs registers. In order that the object of intellectual property was included in ETROIS, is needed its legal protection in the member state of the Customs union, differently - trademark inclusion in the national register2.

It is necessary to pay attention to the different price policy which is carried out by owners of known brands and trademarks in the different countries of the HARDWARE (for example, the prices of world brands in Kazakhstan are 10-20% lower today, than in Russia, that is connected with differentiation of price policy of the owners who are guided by the income of the population)4.

Secondly, there are shortcomings of organizational structure. The declaration is issued not later the day following behind day of giving, when releasing in free circulation and 4 hours after submission of the declaration when exporting. Release of the declaration is supervised by one inspector. Such short terms are necessary in the conditions of dynamically emerging market. Working programs of the inspector are in most cases automated. But, nevertheless, these strengths of customs control concerning protection of intellectual property rights not always work. Even at expeditious detection of violation of rights on using the trademarks included in the customs register, it is necessary to take tests and samples, to carry out expertize, to receive the judgment, for recognition of goods counterfeit, their confiscation or arrest. And term of temporary stay of release makes 10 working days with possibility of its extension for 10 working days (Art. 331 of the Customs Code of the Customs Union). In practice this time appears insufficiently. The commodity party during this time is issued in free circulation and is on sale in the market. The court can't confiscate goods which already dispersed to consumers. Administrative penalty in this case is the penalty, which sizes (for legal entities from 30 thousand to 40 thousand rubles) are incomparable with the received benefit (KOAP Art. 14.10).

From here the third aspect - low activity of owners regarding protection of the rights to objects of IP.

2. Dudkova V. Intelligence under protection//Customs. 2010 . N 10[249]. Page

3. Labzin M. V. Parallel import: the right against emotions//Patents and licenses. 2011 . No. 7. Page 5.