One of the safest ways to protect intellectual property rights is to register the object of intellectual property in the Customs Register. Taking this measure helps to prevent the import/export of goods manufactured in violation of the rights in/from the territory of Ukraine. The specialists of Synergy Agency will help you to carry out such registration and will provide further support in relations with customs and violators.
On contacting us, you will receive:
• preparation of the necessary documents, including applications for assistance in the protection of intellectual property rights for inclusion of the OIP(s) in the Customs Register (registration of the OIP(s) in the Customs Register);
• prompt response to requests (notifications) from customs authorities about the suspension of customs clearance of goods in violation of your rights;
• following through with the process of the protection of intellectual property rights at the customs border of Ukraine (including departure of a specialist to the regional customs office, obtaining samples of products for examination, obtaining an expert opinion in order to initiate a case regarding violation of customs rules, preparing and filing lawsuits to protect intellectual property rights at customs).
Peculiarities of the Procedure for Protection of Intellectual Property Rights at Customs
According to the State Customs Service of Ukraine, as of November 23, 2020, 972 objects of intellectual property have been entered into the Customs Register, from which it may be concluded that producers of goods are actively using this method of protection.
At the moment, the Customs Register is dominated by trademarks with industrial designs in second place.
Who can register? The owner of the intellectual property rights or a person who owns the intellectual property rights under a license agreement.
What does registration provide? Control of the movement of goods infringing intellectual property rights across the customs border of Ukraine, and the possibility of terminating the infringement of rights at the stage of import / export of the goods.
For how long is/are the OIP(s) entered in the Customs Register? Six months or one year, at the client’s discretion.
What is the timeframe for the procedure of entering the OIP(s) in the Customs Register?
14 days for receipt of an extract from the State Register of a trademark, industrial design, or geographical indication;
30 days for receipt of notification about the possibility of including the OIP(s) in the Customs Register;
10 days for receipt of a certificate of inclusion of the OIP(s) in the Customs Register.
Documents required for registration of the OIP(s) in the Customs Register:
1) data on OIP(s) (for trademarks – certificate number or international registration number; for industrial designs – certificate number; for objects of copyright and related rights – a document certifying the existence of rights);
2) a detailed description of the object and goods containing the object of IP, for identification by the customs authority of the object and goods, as well as codes of goods in accordance with UKTZED (Ukrainian Classification of Goods for Foreign Economic Activity);
3) photographic image of goods containing the object;
4) notarized copy of the license agreement (in the case of registration of the OIP(s) by a person who has been granted the right to use the facility and the right to prevent the misuse of the facility, including prohibition).