New Rules came into force in Ukraine regarding customs enforcement of IP rights

2020-07-16

Back in November 2019 the Law of Ukraine On Amendments to the Customs Code of Ukraine on Protection of IP Rights came into force and established a number of changes among which:

  • utility models became no longer a subject to protection on the customs border
  • semiconductor layouts were added to the list of the protectable objects
  • the destruction process of the goods was changed
  • the peculiarities of suspension of customs clearance and destruction were established as to the small consignments

 

As of June 30, 2020, the Decrees of the Ministry of Finance on the new Rules (No 281, No 282) regarding entering of IP objects to the customs register and customs enforcement of IP rights became effective.

The Decrees provided the Law and the authorities with the real mechanism for further implementation of previous changes as well as EU Regulations No 608/2013 and No 1352/2013.

 

Key changes

  • new and more detailed forms of the customs application for entering with IP object as well as the renewal request are established to comply with the EU Regulations No 608/2013 and No 1352/2013
  • broadened the documentation package of the customs application which now includes: description of the IP object with photos of original products (per each product); description of the IP object identification method in each individual product
  • possibility of the products samples submission together with the application filing of both original and counterfeiting or pirated products
  • possibility of filing several objects at a time by single application is provided without limitation as to number or types of objects
  • establishment of the separate procedure of the destruction of goods in small consignments
  • customs registration validity is changed from half a year / year depending on the applicant’s choice to 1 year
  • other term limitations as to the procedures are changed, including:
    • the continuation of suspension term – from 10 days previously to without limitation (depends on the justified request of the right holder) according to the new Rules
    • the term of the responsding to the customs authority request – from absent standard previously to 10 days according to the new Rules
    • the term for the renewal requst – from 10 days before the expiration of the validity period to 30 days before the expiration of the validity period

IMPORTANT NOTICE! Due to the change of the application forms, for the renewal of the IP objects entered to the customs register before the Decrees came into force, the application FOR ENTERING has to be newly filed in the up-to-date format.