Publication date: 11.06.2024
Legal aspects of intellectual property in customs legal relations
Introduction
Intellectual property (IP) plays a key role in the modern economy, providing protection for innovations, brands and creative works. In customs legal relations, IP protection becomes especially important due to the need to prevent the importation of counterfeit products that may cause damage to right holders and consumers. In this article, we will consider the legal aspects of intellectual property in customs relations, peculiarities of legislative regulation and practical aspects of IP rights protection at customs.
Legislative regulation
Customs Code of Ukraine:
- The main legal act regulating IP protection in customs relations is the Customs Code of Ukraine. It contains provisions on measures that customs authorities may take to prevent the importation of counterfeit goods.
The Law of Ukraine "On Protection of Rights to Trademarks and Service Marks":
- This law regulates the protection of trademarks and provides for the right holders to apply to the customs authorities to protect their rights.
Order of the Cabinet of Ministers of Ukraine:
- Additional rules and procedures to ensure IP protection at customs are established by orders of the Cabinet of Ministers of Ukraine supplementing the provisions of the Customs Code.
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International agreements:
- Ukraine is a party to several international agreements that regulate IP protection, in particular:
- The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): sets standards for IP protection in international trade.
- The Convention for the Protection of Industrial Property (Paris Convention): regulates the protection of industrial property, including patents, trademarks and other IP objects.
Mechanisms for the protection of intellectual property rights at customs
Registration of IP rights in the customs register:
- Right holders can register their IP rights in the customs register, which allows customs authorities to control the importation of goods that may infringe these rights. Registration enables customs authorities to respond promptly to potential infringements.
Suspension of customs clearance:
- In case of detection of goods that may infringe IP rights, the customs authorities have the right to suspend customs clearance of such goods for up to 10 business days (with the possibility of extension for an additional 10 days). During this time, the right holder may file a claim for IP infringement with the court.
Destruction of counterfeit goods:
- If the court finds the goods to be counterfeit, the customs authorities may destroy them or take other measures provided for by law to prevent repeated infringement of IP rights.
Cooperation with other government agencies:
- Customs authorities cooperate with other government agencies, including law enforcement and IP enforcement agencies, to ensure a comprehensive approach to IP enforcement at customs.
