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The National Intellectual Property Center is a state-run organization responsible for intellectual property protection; it acts as a patent authority of the Republic of Belarus (http://www.belgospatent.org.by/eng/).
The customs register of intellectual property (in force since 24 June 2011)
The customs register of intellectual property (in force since 1 July 2011)
The efforts of the customs services to protect intellectual property rights
One of the responsibilities of the customs services is to protect intellectual property rights within the scope of their authority.
Under the Customs Code of the Customs Union, customs services of each participating state maintain national customs registers of intellectual property.
Simultaneously the member states keep the single customs register of intellectual property (hereinafter referred to as the Single Register). The terms of including intellectual property objects into the Single Register and its maintenance rules are set forth by the agreement on the single customs register of intellectual property of the Customs Union member states and the protocol on the joint maintenance of the Single Register by the customs services of the Customs Union member states adopted by Decision No. 290 of the Customs Union Commission of 18 June 2010.
The State Customs Committee of Belarus maintains the national customs register of intellectual property (hereinafter referred to as the National Register) in compliance with Chapter 12 of the Customs Code of the Republic of Belarus.
In order to include a trademark or an object of intellectual property into the National Register, the copyright holder or his representative has to file an application with the State Customs Committee with a request to protect his intellectual property rights.
This application must contain:
1. Information about the copyright holder and the list of intellectual property objects;
2. A detailed description of the goods that contain these objects;
3. Information about the producers and individuals who can use the intellectual property objects;
4. Description of counterfeited products and the information that may help the customs bodies detect them.
A resolution of the State Customs Committee to protect intellectual property is valid for two years since it is included into the National Register. It cannot exceed the validity of rights of the copyright holder.
If during examination of the goods that contain the intellectual property objects included in the National Register or the Single Register the customs bodies discover some counterfeit features, the customs clearance will be suspended for ten business days.
Following an application to protect the copyright, the term can be extended but no more than by ten business days.
If customs clearance is suspended, the customs bodies will notify the declarant and the copyright holder or their representative of the suspension of customs clearance the next business day. The customs bodies will have to inform the declarant about the name (first name, last name, patronymic) and address of the copyright holder and (or) his representative, and to inform the copyright holder or his representative about the name (first name, last name, patronymic) and address of the declarant.
If no decision is taken by competent authorities to withdraw the goods, arrest or seize them within the designated period, the customs bodies will resume customs clearance procedures.
For more information, please, call:
+ 375 17 218 91 78 Irina Svetlitskaya;
+ 375 17 218 91 75 Vladimir Garifov.
Legal framework:
Customs Code of the Customs Union, Chapter 46;
Customs Code of the Republic of Belarus, Chapter 12;
Resolution No. 55 of the State Customs Committee of the Republic of Belarus of 20 June 2007 “On customs operations related to the suspension of the customs clearance of intellectual property objects”;
The customs register of intellectual property (in force since 24 June 2011)
The customs register of intellectual property (in force since 1 July 2011)
Information provided by the Federal Customs Service of the Russian Federation on intellectual property rights protection