RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 21, 2012 No. 432

About approval of the list of the bases for suspension of customs clearance of goods concerning which the owner does not submit the application for assistance to protection of the property rights ought to it for object of intellectual property right, at the initiative of customs authority

According to Article 400 of the Customs code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve the list of the bases for suspension of customs clearance of goods concerning which the owner does not submit the application for assistance to protection of the property rights ought to it for object of intellectual property right, at the initiative of customs authority which is applied.

2. Recognize to invalid:

the resolution of the Cabinet of Ministers of Ukraine of April 13, 2007 No. 622 "Questions 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 customs authority" (The Official Bulletin of Ukraine, 2007, No. 28, the Art. 1111);

Item of 24 changes which are made to acts of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of October 5, 2011 No. 1016 (The Official Bulletin of Ukraine, 2011, No. 77, the Art. 2852).

3. This resolution becomes effective since June 1, 2012, except Item 2, which becomes effective since September 1, 2012.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 21, 2012, No. 432

The list of the bases for suspension of customs clearance of goods concerning which the owner does not submit the application for assistance to protection of the property rights ought to it for object of intellectual property right, at the initiative of customs authority

1. The application of person who according to the law belongs property rights on object of intellectual property right which is not included in the customs register of objects of intellectual property right, or person acting from his name within the conferred powers is submitted to customs authority or to State Customs Service.

2. Customs authorities officially obtain information on violation of intellectual property rights from:

law enforcement and monitoring bodies; customs authorities of Ukraine and other countries;

the international organizations which competence questions of protection of intellectual property rights enter.

3. Declaring of goods with trademark which differs from the trademark which is available in the customs register only in separate elements and is similar with it so that they can be confused.

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