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Customs control of goods containing intellectual property objects

According to the provisions of customs legislation of the Republic of Belarus, if the transfer of goods containing intellectual property objects across the border of the Republic of Belarus or the commission of other actions with such goods, which are placed under customs control, lead to the violation of exclusive rights, such goods are considered to be counterfeit for customs clearance purposes.

The Customs authority applies measures for the protection of intellectual property rights in relation to such goods, i.e. suspends customs clearance procedure in order to give the opportunity to right holders to protect their rights.

For the use by customs of the measures for the protection of intellectual property rights during customs clearance of goods, a right holder or his representative address to the State Customs Committee of Belarus.

Despite the fact that the current legislation does not prohibit to include all intellectual property objects into the Customs Register, in view of the past practice we advise to include only trademarks into the Customs Register.

The process of registration of intellectual property objects in the Customs Register of the Republic of Belarus consists of the following steps:

1. Submission of a written application to the State Customs Committee of Belarus

The submission of a written application to the State Customs Committee of Belarus for each intellectual property object + supplements (according to the requirements)

The application shall include:

- Right holder’s name and location

- List of trademarks to be registered in the Customs Register

- Term for application of measures by customs authorities

- Trademarked goods: their description, place of manufacturing, list of manufacturers, list of persons entitled to use the trademark

- Goods that may be counterfeit, their description and other related information

In addition, applicants shall attach the following documents:

- A document confirming the ownership of a trademark (an extract from the relevant register with a translation into Russian / Belarusian). At your request, we can make it ourselves

- Samples or pictures of trademarked goods

- Images of counterfeit goods and other documents that can detect counterfeit products (if any)

- A written undertaking of an applicant about the compensation of property damage, which can be caused to the concerned person in connection with the suspension of customs clearance

- A power of attorney to represent your interests

2. Examination of the application by the Licensing Commission of the State Customs Committee of Belarus
The application is examined within 1 month from the date of its registration, the period may be extended to two months.
3. Adoption of a decision on applying customs measures/ adoption of a decision on refusal
An applicant will be notified about the decision within 10 days from the date of its adoption.
In the case of positive decision, it is necessary to sign an insurance contract against possible risks, which may arise due to suspension of customs clearance. We can sign such contract in Belgosstrakh ourselves, provided you empower us to do so in a Power of attorney.
Insurance sum amounts to 10 000 euro. Insurance fee amounts to 210 euro
Failure by an applicant to observe the conditions related to the securing of indemnity obligations for the damage which may be inflicted to a customs applicant, owner or goods receiver due to suspension of customs clearance results in the adoption of a decision on refusal to apply measures on suspension of customs clearance as well as the exclusion of an intellectual property object from the Register.
The period for which a trademark is included into the Customs Register of intellectual property objects is determined at the request of an applicant but not more than for 2 years and not more than for the duration of the rights of a right holder.

THE SCENARIO IN THE EVENT OF SEIZURE OF GOODS WHICH CONTAIN INTELLECTUAL PROPERTY OBJECTS DURING CUSTOMS CLEARANCE

1. Customs clearance of goods containing the signs indicating that the goods may be counterfeit shall be suspended for ten working days. At the applicant’s request the specified period may be extended, but not more than for ten working days.

2. The Customs authority shall notify the declarant and the applicant about the suspension of customs clearance of goods not later than one business day following the day when the decision about suspension was taken and shall inform the declarant and the applicant about the name and location (address) of each other.

3. The holder of rights under the trademarks registered in the Customs Register of intellectual property objects of the Republic of Belarus shall decide on imposition of sanctions under administrative or civil law (court) procedure.

If before the expiration of the term of suspension of customs clearance the competent body does not issue any decision, the customs clearance of goods is resumed.

Possible remedies:

  • Defense under administrative procedure
  • Judicial defense

 

If you have any questions with regard to customs control of IP objects, feel free to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Koubriakov, Tseliatsitskaya & Partners, Ltd.   220004 Minsk , avenue Pobediteley, 17, of. 1015, Republic of Belarus.    Tel/Fax: (017) 226 99 34.  License for rendering of legal services No. 02240/1410 issued by the Ministry of Justice of the Republic of Belarus  pursuant to the decision No. 181/1 dated November 29, 2013/span>

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