Крылова и партнеры / Intellectual property protection / Registration of intellectual property in the State Customs Service
Recently, the customs is increasingly being contacted by subjects of foreign economic activity, which move across the customs borders of Ukraine with design documentation, design and advertising projects, the results of processing information that is recorded on CDs or other media. This is a special commodity that by the volume can be quite small, but the cost of such products is stated in several thousands or even millions of dollars.
In order to prevent infringement of intellectual property rights during import or export of intellectual property, for the owner of such objects it is very important to control the movement of them through the customs border of Ukraine.
Control over movement of goods, which contain intellectual property, is entitled to the State Customs Service of Ukraine, provided that the goods are listed in the registry.
To establish control you must submit to the State Customs Service statement of the prescribed form on introducing intellectual propertyobject to the registry. The application must contain detailed information about a product, which includes intellectual property objects and about its owner. This information is entered into a computer database of the State Customs Service, register of goods is compiled. All Customs offices have access to this information to identify products that are imported or exported with registered in the database products that contain intellectual property objects, and thus to distinguish counterfeit products from registered.
Owner is interested in providing as much as possible information about a product, which contains the object of intellectual property, so that customs control could distinguish counterfeit products from registered.
One must remember that it is the owner of industrial rights or copyright who is solely responsible for taking measures to protect his/her rights and makes a decision about the need for such measures at the border. The role of customs authorities is limited to assistance in securing such rights.
According to the owner s or his representative s application registration is carried out for six months or one year.
If there are sufficient grounds for believing that the object of intellectual property, which is included in the register, moves across the border of Ukraine in violation of intellectual property rights, owner or his representative may apply to any customs authority with a request to cease clearance of object of intellectual property.
Such an request has a well defined form and content.
We will help you to correctly complete all documents necessary for registration.