What is the Customs register of intellectual property objects and why was it created?
The Customs Register of Intellectual Property Objects (hereinafter - the Customs Register) is an electronic information resource of the State Customs Service of Ukraine. The purpose of maintaining the Customs Register is to help protect the rights of the owners of intellectual property objects by providing the necessary information to the customs authorities. With the help of the data entered in the Register, the customs authorities provide control over the movement of goods across the customs border of Ukraine and prevent the movement of counterfeit goods that may contain objects of intellectual property rights protected by the legislation of Ukraine.
What does the registration of objects in the Customs Register provide?
If, during customs control, based on the data of the Customs Register, the responsible customs officer discovers goods that may violate your intellectual property rights, the customs clearance of such goods is suspended, and they are stored in the warehouse of the customs authority.
- At the same time, the customs body informs you about the detected violation of your rights, and you have the right:
- apply to the court for the protection of your rights;
- notify the customs authority of the intention to apply the procedure for the destruction of such goods.
Who has the right to protect their intellectual property by entering information in the Customs Register?
According to the current customs legislation, if any person who owns intellectual property rights has substantial reasons to believe that his rights may be violated during the movement of goods across the customs border of Ukraine, such a person is authorized to submit a corresponding application to the State Customs Service of Ukraine. The application is a way of registering this or that object of intellectual property in the Customs Register.
What objects of intellectual property can be registered in the Customs Register?
- Almost all EXCEPT useful models, namely:
- industrial samples;
- geographic indications of the origin of goods;
- plant varieties;
- author's works and objects of related rights;
- composition of semiconductor products;
- varieties of plants.
In practice, the object will be entered in the Customs Register, which the customs officer will visually assess and compare with the protected object.
At the same time, by submitting just one application, two or more objects can be registered in the Customs Register.
How is object registration carried out and what is required for this?
The procedure for registering intellectual property objects in the Customs Register has many pitfalls, so it is really difficult to do it without the help of a qualified specialist. You need to fill out the form with all the necessary information, and then it's up to us!
- Regarding the volume of documents, it should be noted that for inclusion in the state register, the right holder or his representative must provide the following documents:
- a copy of the document certifying the object's registration;
- the right son completed the application;
- description of the object and goods containing the object, their photos;
- information on counterfeits;
- notarized power of attorney in the name of the representative;
- other additional documents.
Terms of the procedure
You will be able to receive a decision on object registration within thirty working days from the moment of registration of the submitted documents at the customs service.