Registration of Objects of Intellectual Property Rights (IPR) in the Customs Register of Ukraine

The State Customs Service of Ukraine is an authorized state body that assists rights holders in protecting their intellectual property rights during the transit of goods across Ukraine’s customs border.

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

INTELLECTUAL PROPERTY OBJECTS ELIGIBLE FOR REGISTRATION

The following objects, protected under applicable law, may be entered in the Customs Register:

trademarks;
industrial designs;
utility models;
inventions;
plant varieties;
copyright and related rights objects;
geographical indications;
layouts of semiconductor products.

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.

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
prompt response to potential infringements
mitigation of financial losses
protection of brand reputation
strengthening consumer confidence
monitoring of suspicious goods entering the market

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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 Ukrainian market. This procedure serves as a preventive measure, ensuring ongoing protection of your rights during customs control.

Application procedure and required documents

The procedure, list of documents, and registration terms are regulated by the Cabinet of Ministers of Ukraine.

The basic application package includes:

a copy of the document confirming registration of the IP object in Ukraine 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;
a description of distinguishing features of inventions, industrial designs, plant varieties, or semiconductor topographies for identification;
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 fake goods). Depending on the circumstances of the case, additional documents and supporting materials may be required.

Registration terms and conditions:

The customs authority reviews the application within 30 business days from the date of submission.
An IP object is entered into the Customs Register for a period of six months or one year, at the rights holder’s discretion, with the possibility of unlimited renewal for the duration of the relevant intellectual property right.

Notifications and enforcement of rights

If, during customs control, goods suspected of infringing IP rights are identified, their clearance is suspended.

Suspension period:

up to 10 business days, extendable for another 10 days upon a substantiated request by the rights holder;
up to 3 business days, without extension, for perishable goods.

During the suspension period, the goods are placed in a customs authority warehouse.

Immediately upon suspension, the customs authority shall notify:

the rights holder of the fact that the goods have been submitted for customs clearance;
the declarant of the reasons for suspension, together with the contact details of the rights holder.

The rights holder may notify the customs authority of the absence of infringement or initiate protection of their rights (for example, by filing a claim in court).

If an infringement is not confirmed, the rights holder bears responsibility for the storage of the goods as well as any potential losses incurred by the owner or declarant.

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.

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Exceptions to customs measures

Customs measures suspending clearance are not applied to:

personal belongings;
goods imported by individuals in hand luggage or accompanied baggage for personal use and not for commercial purposes, provided that their total invoice value and/or weight does not exceed the limits established under Part One of Article 374 of the Customs Code of Ukraine;
transport supplies (fuel, food, items for ensuring transport needs);
goods imported with benefits for special use (e.g., for medical or military purposes) under “end-use” regimes.

On “parallel” (grey) imports

Under the Law of Ukraine “On Protection of Rights to Marks for Goods and Services,” import of genuine goods already put into circulation by the rights holder or with their consent in any country is not considered a trademark infringement (“parallel” or “grey” import).

However, the rights holder may prohibit the further sale of goods on valid grounds, for example, if the goods have been altered or have deteriorated after being placed on the market.

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.