Inclusion of Intellectual Property Objects into the Customs Register

According to the norms of the Customs Code of Ukraine, a subject matter of the incorporeal right (intellectual property, IP right) covers objects of a copyright and associated rights, inventions, useful models, industrial pieces, trade marks, geographical information (information on the origin of goods) and plant varieties.

The SCSU maintains the Customs Register of the objects of intellectual property which are protected under the Law and on the basis of applications of possessors of the intellectual property (IP) rights.

The Customs Register is kept with the purpose of protection of ownership on IP objects during customs control and customs clearance of goods containing these objects, and it contains information which is used for prevention of transfer of goods across the customs border of Ukraine with infrigement of the intellectual property rights.

For inclusion of an object of intellectual property into the Customs Register an owner of the rights should submit an appropriate application to the SCSU.

The following documents are to be enclosed to the application:

  • 1) An exerpt from a respective Register of the State Intellectual Property Service of Ukraine (hereinafter – SIPS) about registration of the ownership on the IP right in Ukraine, which certifies validity of the Certificate of Registration on the date of submission of the application with information on a legal protection term or the SIPS’s statement about enforcement in Ukraine of legal protection of the IP rights for the objects registered internationally, or a copy of a document which certifies ownership of the IP rights for the varieties of plants in the State Register of the Rights of Intellectual Property for Varieties of Plants;
  • 2) for the objects of copyright and associated rights – documents and data that certify existence of such rights;
  • 3) a detailed description of the IP right object and goods that contain it, that enaible the Customs Authority to identify such IP rights object and goods, and identify codes of goods in accordance with the UCC FEA. If they are patented inventions (useful models) – the description and techniques of their identification in certain goods;
  • 4) if the application submitted by a person which acts on behalf of the owner of the rights for an IP object within the framework of his/her mandate – a duly prepared Letter of Attorney or its certified copy;
  • 5) samples of goods that contain an IP right object or their photographed images.

The application and attached documents are provided in hard copies and in the electronic form. In case of submitting an electronic application with the electronic signature of the IP right owner and electronic copies of documents certified with the electronic signature of the IP right owner, the application and all associated documents are not to be provided in hard copies.

After registration of the IP right object in the Customs Register of the Objects of Intellectual Property, that are protected in accordance with the Law, Customs Authorities, based on the data of this Register, take measures on prevention of transfer of piratic goods across the customs border of Ukraine.