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Procedure for IP Items Registration in the Customs Register of Ukraine

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The intellectual property right holder reasonably believing that its IP rights are or may be violated when the goods cross the customs border of Ukraine, such person is entitled to file an application to the central executive authority specifically authorised in customs registration of goods which contain the items of IP rights.
Such executive authority maintains the register of the goods specified in part 1 of this clause.
The procedure for registration of goods which contain the items of IP rights, including the application form, list of information and documents to be attached to the application, the filing and the application handling procedures, the Register maintaining practice are all determined by the Cabinet of Ministers of Ukraine.
Once the product is included in the Register by the abovementioned authorised authority, the Ukrainian customs bodies will take steps to prevent the counterfeit goods from being smuggled across the customs border of Ukraine.
To ensure customs control of the goods containing the items of intellectual property rights, the information about the registered products is sent to all customs units of Ukraine.
If based upon the data of the Register maintained by the authorised authority as detailed above, a customs body identifies the signs that the products given for customs control and customs clearance are counterfeit, the customs clearance process will be suspended. Such goods are to be taken to temporary storage or bonded warehouses.
The decision of suspension for a period of 15 days renewable for up to 15 calendar days is taken by the customs authority manager or his/her substitute.
The customs authority shall at the latest on the next business day of the date of the suspension decision mentioned above notify the relevant IP right holder that there was an attempt to take such goods across the customs border of Ukraine, and report to the customs applicant the reasons for the suspension together with the intellectual property right holder’s name and address. The notice to the intellectual property right holder shall include: which goods were suspended from customs clearance, the customs value of such goods declared by the applicant, name and address of the goods owner, and any other essential information.
The IP right holder and the customs applicant may with the permission of the customs authority take the suspended goods samples and send them for examination. The copies of the expert opinions shall be provided to the customs authority.
If within the periods specified in part 2 of this clause the goods suspended from customs clearance are confirmed to be counterfeit, the customs authority shall institute a case of breach of customs regulations as prescribed by this Code, and the goods being the direct objects of the breach shall be confiscated as determined by the Customs Code of Ukraine.
If within the periods specified in part 2 of this clause the goods suspended from customs clearance are not confirmed to be counterfeit, such goods will be sent for customs clearance in the manner prescribed by law.

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