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Amendments To The Customs Code Of Ukraine (Concerning The Protection Of Intellectual Property Rights When Moving Goods Across The Customs Border Of Ukraine)

Original Language Title: Про внесення змін до Митного кодексу України (щодо сприяння захисту прав інтелектуальної власності під час переміщення товарів через митний кордон України)

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C A C U A TO R S
{The law has lost validity on the basis of the Code
N 4495-VI ( 4495-17 ) 13.03.2012, VR
2012, N 44-45, N 46-47, N 48, pp. 552}
On Amendments to the Customs Code of Ukraine
(on the promotion of protection of intellectual
property when moving goods through
customs border of Ukraine)
(Information of the Verkhovna Rada of Ukraine (VR), 2007, N 3, pp. 28)

Verkhovna Rada of Ukraine Oh, I am. :
1. To lead to the Customs Code of Ukraine ( 92-15 ) (Information
The Verkhovna Rada of Ukraine, 2002, N 38-39, st. 288) such changes:
(1) The names of section X and Chapter 45 are taught in such an editorial:
" Section X
PROMOTE INTELLECTUAL
PROPERTIES WHEN MOVING GOODS THROUGH
CUSTOMS BORDER OF UKRAINE
Chapter 45
Customs measures to promote
protection of intellectual property rights
Goods through the customs border of Ukraine ";
(2) Articles 255 to 257 of the Board of Editors:
" Article 255. Customs control and customs clearance
Goods containing objects of law
intellectual property
Customs and customs control of goods containing
Intellectual property rights objects and apply to customs
territory of Ukraine or to be removed from customs territory of Ukraine,
are in general order given the features,
established by this Code and other laws of Ukraine.
Measures related to the suspension of customs clearance
according to the provisions of this Code, do not apply customs
organs concerning goods containing the objects of the intellectual
Transit of Ukraine to the United States of Ukraine
to the customs territory of Ukraine or to be removed from it by physical persons
in cases stipulated by paragraph 1 of part 2 of the second Article 250 and
paragraph 1 part of the second article 252 of this Code, for its own
usage and not intended for production or other
enterprise activities, forwarded to international postal services
And Express Departures.
Removal from customs territory in the unmodified form of goods,
Customs of which are suspended on suspicion of violations of rights
intellectual property, forbidding.
Article 256. Custom Intellectual Property Object Registry
property
The person in accordance with the legislation of Ukraine is
The property rights to an object of intellectual property and which
reason to believe that during the movement of goods through customs
Ukraine ' s border is violated or may be violated by its right to
object of intellectual property law, has the right to submit
A specially authorized central executive body in the
the field of customs proceedings to promote the protection of the proper
New Rights to Intellectual Property
relevant information to the Customs Rights of the Right
intellectual property.
Specially authorized by the central executive body in the
the field of customs is leading the customs register of the rights of
intellectual property on the basis of statements from property owners
on copyright and related rights, rights on the trade.
Stamps, industrial and geographical values.
Order of registration of intellectual property rights facilities in the
the customs register, including the form of statement, list of information and
documents that are added to the statement, submission and review of the statement and
The registry is determined by the Cabinet of Ministers of Ukraine.
To promote the protection of intellectual property rights during
the customs control of goods moved through the customs border
Ukraine, information on registered customs registration facilities
the right of intellectual property is sent to all customs bodies
Ukraine.
After login to the object's Customs Registry
intellectual property based on the data of such a registry of customs
organs take measures to prevent displaced through customs
Ukraine's border of counterfeit goods may contain
protected by the legislation of Ukraine by copyright and
related rights, trade marks rights, industrial samples and other
Geographic location.
Specially authorized by the central executive body in the
the public domain provides the publication of a list of objects
The rights of intellectual property included in the Customs Registry.
Article 257. Customs Clearance Suspension
based on the data of the Customs Object Registry
intellectual property
If the customs authority is based on the object register of the object
the right of intellectual property that is conducted on purpose
the central authority of the executive branch in the field of customs
cases, showing signs of violation of intellectual property rights
concerning goods presented to customs control and customs;
The design, the goods are suspended, and the goods will be stopped.
are subject to temporary storage or on
Warehouses of customs.
Decision to suspend customs of goods by line
up to 15 calendar days and in case of necessity of continuing this
no more than 15 calendar days accept supervisor
the customs authority or the person who replaces it.
Not later the next working day after making a decision
on the suspension of Customs office of Customs
tells the person in accordance with the legislation of Ukraine
belong to the master rights to the object of intellectual property law,
about the fact of the assumption of these goods to customs, and
The declaration is about the suspension of their customs clearance, and
Also tells the decarant naming and the address of the person to which
In accordance with the legislation of Ukraine, the rights of the
object of intellectual property rights. In person message
In accordance with the legislation of Ukraine, the rights of the
object of intellectual property rights, noted: customs authority
The design of which goods are suspended, causes and strings
the suspension, naming and address of the goods owner, as well as
the other necessary information.
The receipt date of the person according to
Legislation of Ukraine belongs to the property of the right to object
intellectual property, considered a day when the customs authority
this message is sent to fax machines,
e-mail, etc.
If during the first 15 calendar days after receiving
the message of the suspension of customs of goods of goods
In accordance with the legislation of Ukraine in accordance with the
object of intellectual property rights, written not to inform
customs body that suspended customs clearance, about appeal to
Court to ensure the protection of intellectual property rights
or will not appeal to such a customs body with written motivated.
Petition to extend the suspension of customs
The goods, the customs that have been suspended,
are subject to customs clearance in the prescribed order.
If during the first 15 calendar days after receiving
the message of the suspension of customs of goods of goods
In accordance with the legislation of Ukraine in accordance with the
object of intellectual property rights, written in writing by customs authority
the body that suspended customs clearance, about the appeal to the court from
Aim to ensure protection of intellectual property rights or
will appeal to such a customs body with written motivated
Petition to extend the suspension of customs clearance
goods, the suspension of customs clearance can be extended
The customs authority is no more than 15 calendar days.
If during the lines listed in part 2 of this
article, the person who according to the legislation of Ukraine belongs to
The property rights to the object of intellectual property law
the customs authority that suspended the customs clearance of goods,
to the court to ban certain actions in the case of violation of rights
intellectual property or other decision on the matter,
posted by authorized state bodies, customs authority
continues to suspend customs clearance of goods on rows,
installed by these bodies.
If during the lines listed in part 2 of this
articles, to a customs body that suspended customs of goods,
will not be submitted to the decision of the court to ban certain actions in
The case of violations of intellectual property, goods,
concerning the decision to suspend the Customs office of
They are designed to be arranged in an orderly manner.
The person in accordance with the legislation of Ukraine is
The property rights of intellectual property rights, and
The decarant can with the permission of the customs authority to take samples and samples
the goods on which the decision is made to suspend customs
The design, and then you can transfer them to an examination. Expert copies
Conclusions are given to the customs authority.
If during the lines listed in part 2 of this
article, violation of intellectual property rights under
moving goods whose decision to suspend
Customs clearance, will be confirmed by the conclusion of an examination
by the authorized body, the customs authority in the established
this Code of Order violates the case of violation of customs regulations,
goods-free-average offences-seized in the
the order set up by this Code.
In case of suspension of the customs design of goods specified in
This article, reimbursement to the customs authorities and the owners of the warehouses
temporary storage costs associated with the storage of these
of goods, and in the case of the intended part of the eighth of this article,
And the reparations and other damages,
Caused by such a suspension, is carried out by the person who
In accordance with the legislation of Ukraine in accordance with the
object of intellectual property rights. To provide
Reimbursement of the costs and losses of the person, respectively
In Ukraine's legislation, the right to object of law
intellectual property, provides specially authorized
the central executive body in the field of customs affairs
a bail or other equivalent guarantee, sufficient for redress
damage to customs authorities, owners of temporary storage,
A declant, a recipient or a shipment of cargo and a owner of a commodity.
Size, order of deposit, its species, as well as species
The equivalent guarantees and order of their granting are determined
Specially authorized by the central authority of the executive branch
Customs matters ";
(3) complement the Code (s) ( 92-15 ) Article 257-1 of this content:
" Article 257-1. Customs Clearance Suspension
on the initiative of the Customs Authority
In the presence of sufficient reason,
moving through the customs border of Ukraine of goods which are special
not given a statement to promote the protection of granted to its property rights
object of intellectual property rights according to Article 256
this Code may be a violation of the right to authorship objects
rights and related rights, rights to trade marks, industrial
samples and geographical values, the customs authority may for its own
The initiative to suspend customs of such goods.
The Customs Authority takes measures to suspend its own
The initiative of the customs design of goods containing the objects of the right
intellectual property, solely given the availability of information
concerning the person that according to the legislation of Ukraine
The property rights to such intellectual property objects.
In the case of import into customs territory of Ukraine or the removal abroad
its boundaries of goods listed in part one of this article, customs
a body that carries out customs of such goods, on the same day
sends the person according to the legislation of Ukraine
The property rights to an object of intellectual property,
the message marked in part of the third article of 257 of this Code,
which is sent by fax, email
So, This person is offered in three days after the war.
retrieving a message to provide a customs guarantee for
Reimbursement of expenses and losses associated with suspension
the customs design of the specified goods. Receive Date
message is considered a day when the customs authority is
message sent by specified means of communication.
If the person in accordance with the legislation of Ukraine is
The property rights of intellectual property rights, in
The selected lines will give the customs to the customs authority sent to it
message, written petition to promote protection of rights
Intellectual property and the guarantee of reimbursement
costs and losses in case of suspension of customs goods,
that contain objects of intellectual property, then customs
The design of such goods is suspended on lines, predicted by
a part of the second article 257 of this Code, and the decarant unconforming
Informs about the cause of the suspension, after which actions are committed
by the provisions of parts of the fifth-tenth article 257 of this
The Code.
If the person in accordance with the legislation of Ukraine is
The property rights to an object of intellectual property, not
Giving the customs authority a proper petition and not giving
costs and costs for costs and losses in case of suspension
Customs of goods containing the objects of law
intellectual property, such goods are subject to customs
decorating in the order set.
The order of information retrieval, the interaction of customs bodies with
other law enforcement and control bodies and rights holders
on the objects of intellectual property within the act of action,
Stipulated by this article, shall be determined by the Cabinet of Ministers
Ukraine ";
(4) Article 345 shall be taught in such an editorial:
" Article 345. Moving goods through the customs border of Ukraine
Protection of Intellectual Property Rights
Import into customs territory of Ukraine or driving abroad
This area of goods designed for production or other
Entrepreneurial activities, with violations of protected rights
intellectual property-
pulling the penalty on citizens in the amount of
Ten to a hundred untaxable income minimums of income
The confiscation of goods displaced by the violation of law
intellectual property, and on officials of enterprises-from
thirty to a hundred and fifty non-tax income minima
citizens with the confiscation of goods moved with a violation of
Intellectual property rights ".
2. This Act takes effect 60 days from the day of its
publish.

President of Ukraine
Um ... Kiev, 16 November 2006
N 359-V