Application
To the Contract about the Customs code
Customs union accepted
By the decision of Interstate Council
The Euroasian economic community
( Supreme body of customs union)
At a level of the chapters of the states
From November 27, 2009 N 17
(unofficial translation)
SECTION 7. FEATURES THROUGH THE CUSTOMS BORDER AND CARRYING OUT CUSTOMS OPERATIONS IN RESPECT OF CERTAIN CATEGORIES OF GOODS Chapter 45. << >> Chapter 47. C H A P T E R 46. "Peculiarities of customs operations in respect of goods containing intellectual property"
A r t i c l e 328.
Measures to protect the rights of intellectual property, taken by the customs authorities
1. Customs authorities within their competence, take measures to protect the rights of holders of intellectual property in the manner prescribed by this chapter.
2. Measures to protect the rights of intellectual property rights do not apply the customs authorities in respect of goods across the customs border:
1) by individuals for personal use, including those sent to their address in the international mail;
2) in accordance with the customs procedure of customs transit.
3) diplomatic missions, consular offices, other official representatives of foreign states, international organizations, staff of these offices, institutions and organizations for official and personal use only.
3. Measures to protect the rights of intellectual property, taken by the customs authorities do not interfere with the right holder to resort to any means to protect their rights in accordance with the laws of - members of the customs union.
4. The customs authorities shall take measures to protect the rights of intellectual property, customs data register kept by the customs authorities in the country - a member of the customs union and intellectual property included in a single customs registry of intellectual property rights of States - members of a customs union, and in accordance with the law States - members of a customs union in respect of intellectual property not included in such customs registers.
A r t i c l e 329.
The term of protection of intellectual property by customs authorities
The term of protection of the rights holder of intellectual property established by the inclusion of intellectual property rights in the customs registers maintained by the customs authorities in the states - members of the customs union and a single customs registry of intellectual property rights of States - members of a customs union with the deadline specified by the right holder, in a statement but not more than two (2) years from the date of inclusion in the registers.
Specified period may be extended upon application owner an unlimited number of times, but each time no more than 2 (two) years, subject to the requirements of this chapter.
The term of protection of the rights holder on intellectual property may not exceed the term of the rights holder to the relevant intellectual property.
A r t i c l e 330.
Customs Register of Intellectual Property
1. On the basis of statements holders of intellectual property includes the customs authorities in the customs registry of intellectual property, which is maintained by the customs authority of the State - a member of a customs union on the terms and conditions established by the legislation of the States - Members of the customs union.
2. The customs authority includes the customs registry of intellectual property, which is maintained by the customs authority of the State - a member of the customs union, intellectual property rights that are protected in the state - member of a customs union in accordance with the laws of this state.
3. Conditions for the inclusion of intellectual property in a single customs registry of intellectual property rights of States - members of a customs union and the order of reference, determined by international agreement states - members of the customs union.
A r t i c l e 331.
Suspension of the release of goods containing objects of intellectual property
1. If in the performance of customs operations involving the placement under the customs procedure of goods containing intellectual property objects included in the customs register kept by the customs authority of the State - a member of a customs union or a unified customs registry of intellectual property rights of States - members of the Customs Union, customs authorities the signs of intellectual property rights violations, the release of such goods shall be suspended for a period of ten (10) working days.
At the request of copyright owner or a person representing his interests, this period may be extended by the customs authority, but not more than 10 (ten) working days, if these persons appealed to the competent authorities for the protection of the rights holder in accordance with the laws of the States - Members of a customs union .
Decision to suspend release of goods and to extend the suspension of the release of goods accepted in writing by the head of the customs authority or his authorized representative.
2. Customs authority not later than 1 (one) business day following the day the decision to suspend release of goods containing intellectual property, notify the declarant and the owner or persons representing their interests, of such suspension, causes and timing of the suspension, and also tells the declarant name (surname, first name) and location (address) owner and (or) a person representing his interests, and rights holder or a person representing his interests, - name (last name, first name) and location (address) of the declarant .
3. Upon expiration of the suspension of the release of goods containing intellectual property, release of such goods is resumed and carried out in the manner prescribed by this Code, except in cases where the customs authorities presented documents confirming the seizure of goods, the imposition on them of their arrest or seizure, or other documents in accordance with the laws of - members of the customs union.
4. Customs authorities may suspend the release of goods containing objects of intellectual property are not included in the customs registry of intellectual property, which is maintained by the customs authority of the State - a member of the customs union and a single customs registry of intellectual property rights of States - members of a customs union, without the right holder's application in order certain laws of the - members of the customs union.
5. Right holder in accordance with civil law countries - members of a customs union is liable for property damage (damage) caused by the declarant, owner, recipient of the goods containing objects of intellectual property as a result of suspension of the release of goods in accordance with this chapter unless it is established violation owner.
A r t i c l e 332.
Reversing the decision to suspend release of goods containing objects of intellectual property
1. Decision of the suspension shall be rescinded before the expiration of the suspension of the release of goods, if:
1) the customs authority received an application owner or a person representing his interests, to abolish such a decision;
2) intellectual property subject matter excluded from the customs registry of intellectual property of each of the states - members of a customs union and common customs registry of intellectual property rights of States - members of a customs union;
3) other cases defined by legislation of the States - Members of the customs union.
2. Cancellation of the suspension shall be given in writing to the head of the customs authority or his authorized representative.
3. After the cancellation of the decision to suspend release of goods the production of such goods is resumed and carried out in accordance with this Code, unless otherwise stipulated by the legislation of - members of the customs union.
A r t i c l e 333.
Providing information, taking samples and specimens
1. The customs authority is the declarant, holder or a person representing his interests, information about the goods in respect of which the decision to suspend registration.
2. Information received by the declarant, holder or person representing his interests, in accordance with this article is confidential and should not be disclosed to them, to third parties, as well as government agencies, except as required by law states - members of the customs union.
3. With the written permission of the customs authority holder, the declarant, or their representatives have the right under the customs control to select samples of the goods in respect of which the decision to suspend their registration, to carry out their research, and examine, photograph or otherwise fix such goods.