ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of May 30, 2012 No. 648

About approval of the Order of registration in the customs register of objects of intellectual property right which are protected according to the law

According to part three of Article 398 of the Customs code of Ukraine of March 13, 2012 and for the purpose of proper ensuring assistance to protection of intellectual property rights by customs authorities when implementing foreign economic activity I ORDER to No. 4495-VI:

1. Approve the Order of registration in the customs register of objects of intellectual property right which are protected according to the law (further - the Procedure) which is applied.

2. To the State Customs Service of Ukraine (Kaletnik І.) in two weeks from the date of the introduction to put structure and algorithm of forming of the EAIS program and information complex of State Customs Service of Ukraine in action of this order "The customs register of objects of intellectual property right" in compliance with requirements of the Procedure.

3. Determine that:

3.1. The sums of cash pledge granted in case of registration of object of intellectual property right in the customs register or in case of suspension of customs clearance at the initiative of customs authority are subject to return according to 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, and forms of the certificate of inclusion of object of intellectual property right in the customs register approved by the order of the Ministry of Finance of Ukraine of December 28, 2011 No. 1762, registered in the Ministry of Justice of Ukraine on March 05, 2012 for No. 361/20674. The objects of intellectual property right registered in the customs register (further - OPIS) concerning which the sums of cash pledge were granted, are not excluded from the customs register.

3.2. Measures for prevention of violation of intellectual property right during movement through customs border of Ukraine of the goods containing objects of intellectual property right which are registered according to the Order of registration of objects of intellectual property right in the customs register, to the receipt 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 approved by the resolution of the Cabinet of Ministers of Ukraine of April 13, 2007 No. 622 (further - the Order of registration) are performed by customs authorities before the termination of term of registration of such objects.

4. Prolongation of term of registration in the customs register of OPIS brought according to the Order of registration can be performed based on the application for assistance to protection of property rights submitted by the owner on object of intellectual property right in the form given according to the procedure. Modification and amendments in information of the customs register is performed according to Procedure.

5. 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 measures of regulation of foreign trade activities of the State Customs Service of Ukraine (Gutnik A. E.) to provide in accordance with the established procedure:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

6. This order becomes effective from the date of the introduction in action of the Customs code of Ukraine of March 13, 2012, but not earlier than day of official publication.

7. 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 May 30, 2012, No. 648

Order of registration in the customs register of objects of intellectual property right which are protected according to the law

I. General provisions

1. This Procedure establishes order of registration in the customs register of objects of intellectual property rights (further - PIS) which are protected according to the law, including the application form, the list of information and the documents enclosed to the application, procedure for giving and consideration of the application, entering of information into the customs register and its maintaining.

2. In this Procedure terms are used in such values:

assistance measures - provided by part one of Article 397 of the Customs code of Ukraine (further - the Code) the measures for assistance to protection of PIS applied to the goods suspected of violation of PIS;

the statement for registration of object of PIS in the customs register - the statement for assistance to protection of the property rights belonging to the owner on object of PIS which is represented in form according to appendix 1 to this Procedure, according to article 398 of the Code for the purpose of registration of such object in the customs register;

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