Government approves rules for entrance of IP rights into Customs Register

For the purpose of preventing the infringement of IP rights in the course of the import or export of goods, the Azerbaijani government has approved rules for the entrance of protected IP rights into the Customs Register.

To ensure the protection of their IP rights, the rights holders need to submit to the Azerbaijani State Customs Committee, in paper or electronic form, an application for the inclusion of a protected IP right into the register.

The application should include:

• information about the rights holder;
• the proof of existence of the IP right;
• a description of the original goods; and
• information on how to identify pirated and counterfeit copies of the goods.

The rights holder may also submit samples of a genuine and pirated/counterfeit copy of the goods along with the application.

The register contains information on the goods, the rights holders and the registration confirmation submitted by the committee to the customs authorities.

The committee has one month from the date on which the application is submitted to review the application and decide whether to enter the protected IP right into the register.

The term of registration can be up to five years and can be extended upon approval by the committee.

Applicants will be liable for any damages incurred during a customs procedure - that is, in case it turns out that the seized goods are not counterfeit.

Aleksandra Pavlovic, PETOŠEVIC, Skopje