Protection of intellectual property rights at the customs

The deputies of the Ukrainian Parliament are intending to implement into the national legislation the provisions of Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and Commission Implementing Regulation (EU) No 1352/2013, which establishes the forms of documents envisaged by the indicated Regulation.

The following is suggested:

– expanding the list of objects of intellectual property rights which are subject to protection while moving goods across the customs border of Ukraine;

– giving new definitions to the terms “goods that violate intellectual property rights”, “counterfeit”, “pirated” goods, etc.;

– expanding the scope of persons who can apply for the protection of intellectual property rights when moving goods across the customs border of Ukraine;

– expanding the list of customs regimes, where intellectual property rights protection is applicable when moving goods;

– not applying measures to protect intellectual property rights to the so-called “parallel import” and to goods transported across the customs border of Ukraine in the customs regime of transit;

– providing the possibility of establishing a mechanism for the application of safeguards in order to prevent the misuse of intellectual property rights in the conduct of foreign economic activities;

– strengthening measures to prevent and resist the movement of counterfeit goods in international mail or international express mail, in particular, by introducing a special procedure for the destruction of small quantities of goods suspected of infringing intellectual property rights;

– introducing the possibility of early release of goods, the customs clearance of which is suspended due to suspicion of violation of intellectual property rights.