ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of December 28, 2011 No. 1762

About the approval of the Procedure for provision of pledge or equivalent guarantee on expense recovery connected with actions of customs authorities of Ukraine concerning assistance to protection of intellectual property rights and the Form of the certificate of inclusion of object of intellectual property right in the customs register

According to Items 7 and 8 of the Order of registration of objects of intellectual property right in the customs register, receipts of information and interaction of customs authorities with other law enforcement and monitoring bodies and owners of the rights to objects of intellectual property right in case of suspension of customs clearance of goods at the initiative of the customs authority approved by the resolution of the Cabinet of Ministers of Ukraine of 13.04.2007 No. 622, I ORDER:

1. Approve the Procedure for provision of pledge or the equivalent guarantee on expense recovery connected with actions of customs authorities of Ukraine concerning assistance to protection of intellectual property rights which is applied.

2. Approve form of the certificate of inclusion of object of intellectual property right in the customs register which is applied.

3. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Chmeruk M. O.) and to Department of classification of goods and actions of regulation of foreign trade activities of the State Customs Service of Ukraine (Gutnik A. E.) provide in accordance with the established procedure submission of this order on state registration in the Ministry of Justice of Ukraine.

4. Recognize invalid orders of the State Customs Service of Ukraine:

of 20.06.2007 No. 520 "About the approval of the Procedure for provision of pledge or equivalent guarantee on expense recovery connected with actions of customs authorities of Ukraine concerning assistance to protection of intellectual property rights", registered in the Ministry of Justice of Ukraine 12.07.2007 for No. 799/14066;

of 12.04.2011 No. 304 "About modification of the Procedure for provision of pledge or the equivalent guarantee on expense recovery connected with actions of customs authorities of Ukraine concerning assistance to protection of intellectual property rights", registered in the Ministry of Justice of Ukraine 24.06.2011 for No. 785/19523;

of 02.12.2009 No. 1153 "About approval of form of the certificate of inclusion of object of intellectual property right in the customs register", registered in the Ministry of Justice of Ukraine 18.12.2009 for No. 1226/17242.

5. This order becomes effective in 10 days from the date of its official publication.

6. To impose control over the implementation of this order on the First Deputy Minister of Finance of Ukraine Myarkovsky A. I. and First Deputy Chairman of the State Customs Service of Ukraine of Dorokhovsky O. M.

Approved by the Order of the Ministry of Finance of Ukraine of February 28, 2011, No. 1762

Procedure for provision of pledge or the equivalent guarantee on expense recovery connected with actions of customs authorities of Ukraine concerning assistance to protection of intellectual property rights

I. General provisions

1.1. This Procedure determines types, the size and procedure for granting of pledge or equivalent guarantee by persons who according to the legislation of Ukraine belong property rights on objects of intellectual property right (further - the owner), or their representatives for compensation to customs authorities, owners of warehouses of temporary storage of expenses on storages of goods which customs clearance is suspended to customs applicants and other persons of losses in the cases provided by Articles 257 and 257-1 of the Customs code of Ukraine and also the pledge return mechanism.

In this Procedure terms are used in such values:

guarantees - cash pledge or guarantee of bank;

the warranty amount - sum of money on which the guarantee is issued;

guarantee of bank - method of cash cover of accomplishment of obligations of owners or their representatives concerning compensation to customs authorities, owners of warehouses of temporary storage of storage expenses of goods which customs clearance is suspended, to customs applicants and other persons of losses in the cases provided by Articles 257 and 257-1 of the Customs code of Ukraine;

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