New resolution aids Customs in fight against counterfeiting

On April 13 2007 cabinet ministers of the government of Ukraine approved Resolution 622 concerning the registration of IP rights, including trademarks, with the State Customs Office of Ukraine. The new resolution further develops recent amendments to the Customs Code of Ukraine, which came into force in February 2007.

One of the main changes brought in by the resolution is that IP rights themselves can now be registered with the State Customs Office. Previously, it was possible only to register the goods covered by the IP right. The change is favourable to IP rights owners since they can cover several kinds of goods through a single registration.

As well as amending the Customs Code, the resolution allows customs authorities to prevent the transfer of counterfeit goods through the customs borders of Ukraine following a petition from an IP rights owner or on their own initiative. For this purpose, the resolution sets out the list of sources where customs authorities are entitled to obtain information about counterfeit goods and the owners of IP rights that have been infringed. For instance, customs authorities are entitled to request relevant information from manufacturers and from state authorities.

If the alleged counterfeit goods are detained on the initiative of the customs authorities they should duly inform the owner of the corresponding IP right of the alleged infringement.

Julia Semeniy, Konnov & Sozanovsky, Kiev