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Measures taken by Customs authorities in relation to intellectual property objects

    The origin of the term "intellectual property" is usually associated with the French legislation of the late XVIII century, which is largely fair.

    The answer to the question of what intellectual property is can be obtained both from international legal sources and from the legislation of our country.

     Intellectual property is a materially expressed result of mental activity, giving its creator the exclusive right to it, protected either by the relevant officially issued documents - patents or certificates - industrial property, or by legally established copyright norms.

     Customs authorities take measures to protect the rights to intellectual property objects included in the customs register of intellectual property objects and intellectual property objects included in the unified customs register of intellectual property objects of the member States of the Customs Union, as well as those not included in such customs registers.

     The term of protection of the rights of the copyright holder to intellectual property objects may not exceed the term of validity of the rights of the copyright holder to the corresponding intellectual property object.

      In order to take measures to protect intellectual property rights, the authorized body in the field of customs affairs maintains a customs register of intellectual property objects and ensures its publication, including on the official Internet resource, the web portal of the authorized body in the field of customs affairs.

      If, when performing customs operations related to the placement of goods under customs procedures, the customs authority finds signs of violation of intellectual property rights, the release of such goods is suspended for a period of ten working days.

     The customs authority, no later than one working day following the day of the decision to suspend the release of goods containing intellectual property objects, notifies the declarant and the rightholder or persons representing their interests of such suspension, the reasons and terms of suspension.

     After the expiration of the suspension period for the release of goods containing intellectual property objects, the release of such goods is resumed and carried out in accordance with the procedure established by this Code, except for cases when the customs authority is provided with documents confirming the seizure of goods, seizure or confiscation of them, or a judge's ruling on the initiation of a civil case on a claim for violation of the rights of the copyright holder to intellectual property objects. When submitting a judge's ruling on the initiation of a civil case on a claim for violation of the rights of the copyright holder to intellectual property objects, the terms of suspension of the release of goods containing intellectual property objects established by paragraph 1 of this article, as well as the terms of temporary storage of these goods, are extended until the court decision on the claim enters into force.

Дата публикации
14 декабря 2021
Дата обновления
14 декабря 2021
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