Customs control of goods containing intellectual property objects

This article examines the specifics of customs control over counterfeit goods by the Federal Customs Service (FCS) in the Russian Federation and the Eurasian Economic Union (EAEU) member states in the context of digitalization and the growth of e-commerce. The article aims to comprehensively analyze the specifics of customs control, analyze the causes of persistent counterfeit violations, and provide recommendations for improving anti-counterfeiting mechanisms. To this end, the article examines the characteristics of counterfeit goods, gray market goods, replicas, counterfeits, and border verbal designations, as well as counterfeit sales volumes. It also analyzes statistical data on the scale of illegal trafficking and its economic consequences for the state and bona fide market participants in Russia, the EAEU, and a number of foreign jurisdictions. A comparative analysis of customs control in China, the United States, and the European Union (EU) is also conducted. Particular attention is paid to the factors contributing to the spread of illegal products (the development of e-commerce, the liberalization of foreign trade, weak interaction between customs authorities and copyright holders and related agencies, the passivity of copyright holders in protecting their rights, including with regard to the inclusion of intellectual property (IPO) in the customs register, and a decline in the level of protection of IPO owners’ rights in law enforcement practice). The application of the “ex  officio” principle in various countries and the problems of Russia’s membership in the World Trade Organization (WTO) are examined. The scientific novelty of the article lies in its comprehensive study of customs control and the proposed measures to combat counterfeiting (the transition to a proactive customs control model, the introduction of artificial intelligence, contactless inspection technologies, digital and security markings, the inclusion of IPO in customs registers, and the use of traceability systems). The theoretical and practical significance of the study lies in the possibility of its use in improving the regulatory framework for customs control, the formation of departmental methods, and the development of national and supranational strategies to combat counterfeiting.

1. Kuzmova, M. M. (2012), “On the implementation of customs administration measures aimed at protecting the rights of intellectual property owners”, Tambov University Review. Series: Humanities, no. 8 (112), pp. 89–95.

2. Shugurova, I. V. (2021), “Directions for improving customs protection of intellectual property rights within the EAEU”, Journal of the Intellectual Property Rights Court, no. 3 (33), pp. 21–32.

3. Afonin, D. N. (2025), “Possibilities and prospects of using artificial intelligence to detect counterfeit goods during customs control”, Bulletin of innovative technologies, Vol. 9, no. 4 (36), pp. 9–13.

4. Izgagina, T. Yu. (2022), “Counteracting the distribution of counterfeit products within the EAEU”, Juridical Journal of Samara University, Vol. 8, no. 3, pp. 19–31.

5. Chervova, N. V. and Ivashkin, M. V. (2021), “Russian business and the problem of product falsification: current state and ways to solve the problem”, Gumanitarnye, sotsialno-ekonomicheskie i obshchestvennye nauki (GSEN), No. 3, pp. 38–46.

6. Panova, A. S. (2022), “Product marking with identification means as a way to combat counterfeiting in the context of digitalization”, Entrepreneurial Law, no. 1, pp. 52–53.

7. Aleksandrova, L. I. (2021), “Counterfeit as a criminal phenomenon: countermeasures”, Juridical Journal of Samara University, Vol. 7, No. 3, pp. 59–65.

8. Maksyutin, A. S. and Greenberg, G. M. (2020), “Legal and technical aspects of protection against counterfeit products”, Aktualnye problemy aviatsii i kosmonavtiki, Vol. 3, pp. 706–708.

9. Salnikova, A. V. and Kudimova, Yu. A. (2021), “Counterfeit on the Wildberries marketplace: problem statement”, Vestnik Universiteta, no. 2, pp. 117–123.

10. Kotelnikova, Z. V. (2024), “Who and why buys counterfeit goods in Russia”, Voprosy ekonomiki, no. 11, pp. 18–34.

11. Zimanova, M. A. (2025), “Prospects for the use of artificial intelligence in customs control of goods containing intellectual property objects”, Bulletin of innovative technologies, Vol. 9, no. 3 (35), pp. 49–53.

12. Sukharenko, A. N. (2021), “Coronavirus’ economic crime in Russia: state, trends and countermeasures”, Business Security, no. 2, pp. 44–51.

13. Agamagomedova, S. A. (2023), “Customs control of goods in the context of parallel import legalization”, Patents and Licenses. Intellectual Rights, no. 1, pp. 73–79.