Changes into the custom legislation of Ukraine
In the frame of harmonization of the Ukrainian laws with the legislation of European Union the process of implementation of changes into the Custom Code of Ukraine has been successfully started. In particular, on September 20, 2019 the draft of Law No. 1230 as to amendment of the provisions concerning the protection of intellectual property rights while transferring the goods through the state border has been endorsed by the parliament in the first reading. The process of implementation of the said changes has not been completed yet, still it may be expected soon.
The draft of Law No. 1230 provides inter alia the following amendments:
- The list of protected intellectual property objects is completed with commercial (company) names, topographies of a semiconductor products, rights which are provided according to the supplementary protection certificates for the medicinal and plant protection products;
- Custom suspensions should not be applicable in respect of original goods which were manufactured under the rightholder's consent;
- The cases of applying the custom suspensions in respect of suspicious goods were completed as follows: (a) transferring the goods to or from the custom territory of Ukraine by the citizens (except of personal belongings, not for commercial activity); (b) transferring the goods to or from the custom territory of Ukraine including with the purpose of transit; (c) declaring the goods for the custom regimes of import, re-import, export, re-export, temporary importation, temporary exportation, custom ware house, duty free zone, processing in the customs territory, processing outside the customs territory;
- The possibility of advanced release of suspended goods is established under the following set of conditions: (a) suspended goods contain designs or inventions or plant variety or topography of a semiconductor products; (b) Customs is not informed about decision of the authorized state body prohibiting to take actions in respect of such goods; (c) declarant or owner of the goods provided Customs with the guarantee for the sum agreed with the rightholder for the purpose of protecting the interests of the latter;
- The possibility and specifics of suspension and destruction of small consignments of goods which are transferred (sent) through the state border of Ukraine via international mailing and express-delivery is established.
Summarizing the aforesaid, the offered changes should clarify and simplify the custom border measures as well as increase the effectiveness of fighting with the counterfeit goods and preventing entrance thereof to the territory of Ukraine.