Custom Protection

One of the effective ways to struggle against infringement products is to protect intellectual property rights by customs authorities.

Who can add trademarks to the Customs Intellectual Property Registry?

The application may be submitted by the copyright holder or his representative on the basis of a power of attorney.

Is it possible to enter the international registration of a trademark to the Registry?

It is possible if there is an extension to the territory of the Republic of Belarus. In this case, a WIPO extract is required to prove rights.

What should the statement contain?

The application should comply with the requirements of customs legislation and contain an established list of information about the copyright holder and goods.

However, special attention should be paid to the information on violation of rights and proper paperwork. All documents drawn up in a foreign language are submitted to the customs authorities with a notarized translation. However, there is a number of issues in the process of preparation of notarized translations, in relation to documents submitted by international organizations and not containing apostille. The employees of the Beliaevs & Partners group have many years of experience working with such documents so they will assist in preparing the application.

What is the deadline for considering an application?

The customs authorities spend 5 working days for a formal verification of documents and issuing a refusal in case of non-compliance with the established requirements.

Within a month, customs authorities make a decision on whether to take measures to protect rights or to refuse. This period may be extended to a month if additional verification is necessary.

What is the maximum protection period?

The maximum period of protection is 2 years, but no longer than the registration period of a trademark.

What should be done in case of refusal to consider an application or refusal to take protective measures?

In this case, you can apply a complaint about the decision within 1 year from the date of its receipt or re-submit the documents, eliminating the comments.

Is it possible to extend the term of protection?

The term of protection may be extended an unlimited number of times (each time for 2 years) on the basis of the application.

How do customs authorities protect trademark rights?

The importation of goods by any persons not specified as authorized importers would be considered a violation of rights and will be suspended, about which the customs authorities notify the copyright holder or his representative.

What is the suspension period?

The suspension period is 10 days and may be extended for another 10 days in case of initiation of an administrative process.

What decision should the copyright holder make upon the suspension of the release of goods?

It is possible to submit an application for the release of goods or for initiating an administrative process. In this case, the customs authorities will take measures to prepare a report on an administrative violation and send it to the court.

Is it possible to destroy goods in respect of which protective measures are taken?

This procedure is quite complex and regulated by the Department of Humanitarian Affairs under the Presidential Administration.

It is possible to make a decision on destruction of goods that pose a danger to human life and health.