Incentives of the Customs Registration of Intellectual Property Objects in Ukraine

Incentives of the Customs Registration of Intellectual Property Objects in Ukraine

The rights owner can enhance the protection of intellectual property rights by getting its properties registered with Ukrainian Customs Registry of Intellectual Property Objects (hereafter the Customs Registry).

Not only trademarks, but also industrial designs and inventions, and even works of copyright and plant varieties, can be recorded with the Ukrainian Customs Registry.

The customs registration allows the rights owner to control imports and exports of the goods with the use of his IP properties.

The customs authorities suspend all shipments suspected in counterfeiting or other violations of intellectual property rights.

Within the 10-days’ suspension term the customs notify the rights owner about the suspected shipment and provide him details thereof.

In such a way the rights owner may immediately enforce his IP rights by objecting the import / export of the infringing goods.

The laws of Ukraine provide for the following types of legal actions to be applied at the customs border:

  • Request for the goods’ destruction at the customs border;
  • Request for the removal of the IP object from the goods and/or packaging;
  • Civil court action based on infringement of IP rights, with immediate request for the shipment’s arrest and possible seizure / destruction of counterfeits on the ground of court judgment;
  • Administrative action based on violation of customs laws, with the immediate arrest of the shipment and possible seizure of counterfeits combined with the penalty, on the ground of court judgment;
  • Negotiating the matter with the infringer and requesting the other actions from him.

During the past years the customs registration has become an effective enforcement tool for the IP owners.

The rights owners may handle the customs registration personally or grant the respective authorities to their exclusive licensees.

The customs registration procedure is fast and cost effective.  No guarantee payments or official fees are required therefor.

The intellectual property object can be recorded with the Customs Registry for 6 months or 1 year, with possibility of the regular term renewal.

Documents required for customs registration:

  • The document to confirm authorities of the applicant /legal representative (such as the power of attorney);
  •  The document to confirm the validity of IP rights (such as extract form the relevant Registry of IP objects of Ukraine).

Information required for customs registration:

  • The rights owner details;
  • Details on goods with regard to which the IP object is applied;
  • Details of authorized goods’ manufacturers;
  • Details of authorized importing/exporting companies;
  • Quality images of original goods and their packaging;
  • Differential characteristics of goods and the IP object that are sufficient for distinguishing the original from the unauthorized goods.

Additional information required for customs registration may include:

  • Details of companies suspected in imports / exports of the infringing shipments;
  • Customs check points where the authorized shipments can be declared for import/export;
  • Mode of goods’ transportation (i.e. rail, cargo, airplane, sea transportation);
  • Available information on infringing goods, their samples, images etc.

How the customs decide that the IP rights have been violated: based on information entered to the Customs Registry by the rights owner (such as description of the authentic / counterfeit goods, detail on authorized manufacturers and importing, exporting companies, details about the authentic goods’ transportation and others).

To get more details on the above information please contact us at office@advance.partners