Entering the Intellectual Property objects into the Customs Register
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Customs Intellectual Property Register is created with the purpose of protection of Intellectual Property objects during customs control and customs clearance of goods containing these objects, and it contains information which is used for prevention of transfer of goods across the customs border of Ukraine with infringement of the intellectual property rights.
The list of the objects which can be entered into Customs Intellectual Property Register:
- the objects of copyright and related rights;
- utility models;
- industrial designs;
- geographic indications;
- varieties of plants.
The list of documents which are to be enclosed to the application for entering the intellectual property objects into customs register:
- completed application;
- an extract from Register of the State Intellectual Property Service of Ukraine (SIPS) about registration of the ownership on the Intellectual Property right in Ukraine or the SIPS’s statement about enforcement in Ukraine of legal protection of the Intellectual Property rights for the objects registered internationally, or a copy of a document which certifies;
- the Intellectual Property rights for the varieties of plants in the State Register of the Rights of Intellectual Property for Varieties of Plants;for the objects of copyright and related rights - documents and data that certify existence of such rights;
- a detailed description of the Intellectual Property right object and goods;
- for the patented inventions (utility models) - a description of methods and techniques for its identification in specific goods;
- power of Attorney or its certified copy;
- samples of goods that contain an Intellectual Property right object or their photographed images.
The application and attached documents are provided in hard copies and in the electronic form.
The information contained in the application:
- the name of owner;
- data of protective document of intellectual property object;
- general information about owner of intellectual property object;
- the information about the authorized persons for representation the interests of intellectual property object in case of suspension of customs clearance of goods containing objects with signs of infringement;
- the information about the object;
- the information about counterfeit goods.
The application response time is 30 working days. The period of registration is six months or one year.
Please note that there are no any governmental charge, fee or bank guarantee for entering the intellectual property objects into customs register under applicable laws of Ukraine.
The actions of custom authorities when the counterfeit goods are identified:
- the customs clearance of goods shall be suspended (for 10 working days and with the possibility to continue this period for 10 working days);
- the owner shall be notified about these counterfeit goods. The declarant shall be notified about the reasons why thecustoms clearance of goods is suspended. Also the declarant shall be informed with the name and address of the owner;
- the period of suspension of customs clearance of perishable goods is three working days and can be renewed.
If the owner does not take any action in relation to the commodities of counterfeit goods, customs clearance of these goods will be proceeded in accordance with law.