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Protection of Intellectual Property Rights (IPRs)
Enforcement of Intellectual Property Rights through Border Measures
Enforcement of border measures in the field of IPR protection is carried out in accordance with procedures set forth in the Customs Code, Chapter XII. These activities are conducted in co-operation with institutions and organizations engaged in protection of intellectual property and rights holders and are designed to fight against international trafficking in counterfeit and pirated goods.
Customs IPR protection measures are aimed at ensuring effective enforcement of border protection measures in order to protect the internal market from import of counterfeit and pirated goods, the marketing of which causes damages to the right holders and sets the grounds for unfair competition, and represents a threat to economic security of the country and health of the local consumer.
The steps of IPR border enforcement measures mechanism are as follows:
- Initiation of the procedure – the right holder submits for consideration the application for intervention to the Customs (model of the application for intervention - at the Customs Service)
- Acceptance of the application for intervention and setting the date for intervention Based on the accepted request for intervention, the Customs maintains a “Register of intellectual property objects subject to border protective measures”
- Enforcement of protection measures by detention of goods suspected of infringing an intellectual property right and/or suspension of the clearance procedure with notification of the right holder and the declarant/consignee of goods in order to initiate judicial proceedings. These measures can be applied at the initiative of the customs authority (ex officio procedure) where there are sufficient reasons to believe these goods infringe intellectual property rights. If the rights holder does not bring action within the envisaged time-limit, the customs authority orders the release of goods and/or release to free circulation, provided that other legal provisions are observed.
- Enforcement of measures against goods which were proved to infringe an intellectual property right (destruction, exclusion from trade flows, handover of goods to other public institutions (free of charge), other measures under the law)