Ua 
中文 
De 
Fr 
Es 
Pl 
Home
The State Customs Service of Uzbekistan is an authorized state body that assists rights holders in protecting their IP rights during the transit of goods across Uzbek customs border.
A Rightholder (or an authorized representative, acting under a Power of Attorney) may submit an application for the entering 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 and vice versa.
Risks of non-registration
- unrestricted entry of counterfeit goods
- loss of market share
- reduced customer trust
- significant financial damages
- difficulties in detecting violations on the market
- reputational harm due to counterfeit products
Advantages for the Rightholder
- prevention of counterfeit product imports/exports
- prompt response to potential infringements
- mitigation of financial losses
- protection of brand reputation
- strengthening consumer confidence
- monitoring of suspicious goods entering the 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 Uzbek market. This procedure serves as a preventive measure, ensuring ongoing protection of your rights during customs control.
Application procedure and required documents
The basic application package includes:
- a copy of the document confirming registration of the IP object in Uzbekistan or its international protection, along with evidence of ownership (e.g., an extract from the relevant state register);
- Power of Attorney (if the application is submitted by an authorized representative);
- 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;
If desired, the applicant may also attach to the application samples of original goods and/or goods suspected of infringement (including counterfeit or pirated goods). Depending on the circumstances of the case, additional documents and supporting materials may be required.
Registration terms and conditions:
Consideration of application by the Customs Office takes approximately 3-4 weeks. The IP object may be entered into the Customs Register for a period of up to 3 years. The registration may be renewed an unlimited number of times during the validity of the IP object itself.
Notifications and enforcement of rights
After the IP object protected in Uzbekistan is entered into the Customs Register, the Customs across Uzbekistan will be empowered to detect the suspicious goods and inform the rightholder (its local representative/attorney recorded in the Customs Register). The rightholder/its representative should within one working day inform Customs whether such goods should be suspended for 10 working days or released.
If suspension is claimed - the rightholder should during the term of suspension pay the deposit (subject to regular review) to Customs, file the lawsuit and provide a copy of the court ruling on acceptance of the lawsuit and initiated litigation to the Customs accordingly (otherwise the goods will be released and rightholder/its representative will be obliged to recover the costs of Customs and importer caused due to suspension of goods).
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 intellectual property 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.
Exceptions to customs measures
Customs measures suspending clearance are not applied to goods transported across the customs border:
- by individuals for non-commercial purposes, including those sent to them via international postal and courier services;
- in accordance with the customs transit regime;
- by diplomatic missions, consular offices, and other official representative offices of foreign states, international organizations, and the personnel of these missions, institutions, and organizations for official and personal use;
- as humanitarian aid and technical assistance.
On “parallel” (grey) imports
The legislation of the Republic of Uzbekistan provides for the international principle of exhaustion of IP rights. This principle implies that goods introduced into civil circulation by the Rightholder in any country (in any jurisdiction) may be used by third parties without violating the law.
Thus, "parallel import" of original goods is permitted by Uzbek law. However, the sale of such goods is considered legal only with documentary evidence of their legal origin: contracts, invoices, certificates of origin, etc.
How we can help
The procedure for registering an intellectual property 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 Service 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.
