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Customs Register of Intellectual Property

Customs Register of Intellectual Property

According to the chapter 57 of Customs Code of Ukraine, the owner of the property rights to the object of intellectual property, who has reason to believe that the movement of some goods across the customs border of Ukraine, is violating or may violate his rights to objects of intellectual property can file the appropriate statement for entering their objects of intellectual property in the Customs Register of Intellectual Property Rights of Ukraine.

The Customs Register of Intellectual Property is an information resource of the Department Organization of Customs Control of State Fiscal Service of Ukraine. The Customs Register is helped intellectual property owners in protection their rights. Based on the data of this registry customs authorities shall take measures to prevent the movement across the customs border of Ukraine counterfeit goods that may contain protected by legislation of Ukraine intellectual property rights.

According to the customs legislation of Ukraine the following objects of intellectual property you can enter to Customs Register of IP of Ukraine:

  • the objects of copyright and related rights;
  • the industrial designs;
  • the trademarks (only for classes of the goods);
  • the geographical indications.

Lawyers of Patent and Law Agency LLP «ViConsult» will assist you in preparation of documents and in record keeping for registration of intellectual property in the Customs Registry of IP.

To be included objects of IP to the Customs Register of IP of Ukraine the rightholder or his/her representative should provide the following documents:

  • Application;
  • Extract about registration of intellectual property rights in Ukraine;
  • Description of the objects and the goods that contains the object of IP;
  • Notarized copy of the license agreement for the use of the object.

The registration period is between one month to months (included the preparation of documents).

ATTENTION

If at the customs border of Ukraine moves goods which will not record in the Customs Register of Ukraine and there are reasonable grounds to believe that its movement can violate the right of intellectual property other persons - the customs authorities may suspend the customs clearance of such goods at their own initiative.