Registration of Objects of Intellectual Property Rights (IP Rights) in the Customs Register of Armenia

The intellectual property objects that can be included in the unified customs register (hereafter - Customs Register) of intellectual property objects of the member states of the Eurasian Economic Union.

An owner of the IP Rights (or an authorized representative, acting under a Power of Attorney) may submit an application for the customs recordal of an IP object in the Customs Register, if there are grounds to believe that customs control may result in an infringement of their IP rights.

IMPORTANCE OF THE CUSTOMS REGISTER FOR IP PROTECTION

Registering your IP object in the Customs Register is a reliable way for protecting your business against counterfeit goods. This measure enables Customs to effectively stop suspicious goods at the border before they enter the domestic market.

When to file an application for inclusion in the register

We recommend filing an application if you import or export goods incorporating your intellectual property objects, or if you have reasonable grounds to suspect that counterfeit products may be introduced into the Armenian market. This procedure serves as a preventive measure, ensuring ongoing protection of your rights during customs control.

Application procedure and required documents

• documents certifying the rights to the IP object and confirmation of payment of the official fee;
• original notarized and apostilled/legalized Power of Attorney (if the application is submitted by an authorized representative);
• detailed description of the IP object and photographs of original goods containing it, for the purpose of customs identification;
• description and photographs of goods suspected of infringing the rights (counterfeit or pirated), where available;
• Original notarized and apostilled/legalized guarantee letter (obligation to recover the damages of the owner of the goods or other persons (Customs) if the goods suspended by Customs after customs recordal are not recognized as infringing the IP rights). Once the Customs authorities decide to enter an IP object to the Customs Register, the Rightholder, in order to guarantee the fulfillment of the obligation, is required, within one month from the date of notification of the possibility of Customs recordal, to submit a liability insurance contract for property damage to persons due to the suspension of the release of goods, or another contract, confirming the security for the fulfillment of this obligation. The insured amount or the amount of security for the fulfillment of the obligation must be equivalent to at least 10 000 EUR at the exchange rate in effect on the date of conclusion of the liability insurance contract or other contract, or amendments to such contracts.

If desired, the applicant may also attach to the application samples of original goods and/or goods suspected of infringement (including counterfeit or fake goods). Depending on the circumstances of the case, additional documents and supporting materials may be required.

Registration terms and conditions:

The IP object protected in Armenia may be entered into the Customs Register for up to two years with the possibility of renewal every two years, still within the validity term of this object.

Notifications and enforcement of rights

After the IP object is entered into the Customs Register the Customs across Armenia should check, detect and suspend the goods which may infringe the recorded IP Rights. The goods are suspended for 10 working days, the Rightholder's attorney recorded in Customs Register should be notified by Customs about suspension without any delays. During the suspension it is possible to inspect the goods, take samples/pictures thereof to be examined by the rightholder and specified whether the goods are original or fake. If the goods are counterfeit (fake) it is necessary to file the civil lawsuit and inform the Customs about the same as soon as possible.

If no action were taken or the infringement is not recognized and the goods are released, the Rightholder will be obliged to compensate the damages and expenses caused by such suspension, if any, namely:

• (1) the damages caused to the customs declarant and other persons;
• (2) the expenses of the customs authorities.

Factors affecting customs control effectiveness

The effectiveness of customs measures depends on the completeness of the information provided and on the specific characteristics of the IP object. Factors such as the nature of the supply chain, methods of labelling, and the presence of identifying features of the intellectual property object in the product itself, on its packaging, or in the accompanying documentation are of particular importance. Accordingly, it is recommended to provide the customs authorities with the most comprehensive information and supporting materials regarding both the original product and the alleged infringements, thereby facilitating proper identification of goods and enhancing the effectiveness of customs control measures.

On “parallel” (grey) imports

Armenia is a member of Eurasian Economic Union, so the principle of regional exhaustion of IP rights is applicable there. This means that the original (genuine) goods, which were entered into the civil turnover inside the Eurasian Economic Union (i.e. in Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia) under the Rightholder's consent and further imported to Armenia, cannot be considered as infringing the IP rights. However, if counterfeit goods are imported from countries other than the Union's countries or entered into the civil turnover on the territory of the Union, but without the consent of the Rightholder, such goods may be considered as infringement of the Rightholder’s rights and further enforcement actions may be initiated.

How we can help

The procedure for registering an IP object in the Customs Register involves numerous nuances that require both experience and meticulous attention to detail. We provide comprehensive services for the protection of intellectual property rights at the border, from preparing and submitting the necessary documentation to the Customs to providing legal support in the event of infringements. Our team will ensure that you benefit from the Customs Register’s mechanisms to secure reliable protection for your business.