Strengths and Weaknesses of the Union Trademark System in the Eurasian Economic Union

Abstract

Since 1 January 2015, the Eurasian Economic Union (‘EAEU’) has begun functioning as a regional economic integration project of Belarus, Russia, Kazakhstan, Kyrgyzstan and Armenia, which aimed to create a common market between the Member States with free movement of goods, services, capital and persons. As one of methods to avoid negative consequences of territoriality of intellectual property rights, the Treaty on the Eurasian Economic Union (‘Treaty on the EAEU’) has enabled the introduction of a single system of protection of the trademark and the appellation of origin of goods registered and effective at the Union level. The paper analyses the Draft Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the EAEU and Regulation relating thereto and the concept of the new trademark system. The paper analyses strengths and potential weaknesses of the proposed concept of the Union trademark and addresses possible improvements to the new trademark system compared with the European trademark system. The paper argues that the goals set in the Treaty on the EAEU may be achieved through the creation of a strong, well-functioned trademark system with an independent single trademark office, taking into account suggestions in overcoming inconsistencies in substantive and procedural Union trademark law.