Application
To the Contract about the Customs code
Customs union accepted
By the decision of Interstate Council
The Euroasian economic community
( Supreme body of customs union)
At a level of the chapters of the states
From November 27, 2009 N 17
(unofficial translation)
A r t i c l e 331.
Suspension of the release of goods containing objects of intellectual property
1. If in the performance of customs operations involving the placement under the customs procedure of goods containing intellectual property objects included in the customs register kept by the customs authority of the State - a member of a customs union or a unified customs registry of intellectual property rights of States - members of the Customs Union, customs authorities the signs of intellectual property rights violations, the release of such goods shall be suspended for a period of ten (10) working days.
At the request of copyright owner or a person representing his interests, this period may be extended by the customs authority, but not more than 10 (ten) working days, if these persons appealed to the competent authorities for the protection of the rights holder in accordance with the laws of the States - Members of a customs union .
Decision to suspend release of goods and to extend the suspension of the release of goods accepted in writing by the head of the customs authority or his authorized representative.
2. Customs authority not later than 1 (one) business day following the day the decision to suspend release of goods containing intellectual property, notify the declarant and the owner or persons representing their interests, of such suspension, causes and timing of the suspension, and also tells the declarant name (surname, first name) and location (address) owner and (or) a person representing his interests, and rights holder or a person representing his interests, - name (last name, first name) and location (address) of the declarant .
3. Upon expiration of the suspension of the release of goods containing intellectual property, release of such goods is resumed and carried out in the manner prescribed by this Code, except in cases where the customs authorities presented documents confirming the seizure of goods, the imposition on them of their arrest or seizure, or other documents in accordance with the laws of - members of the customs union.
4. Customs authorities may suspend the release of goods containing objects of intellectual property are not included in the customs registry of intellectual property, which is maintained by the customs authority of the State - a member of the customs union and a single customs registry of intellectual property rights of States - members of a customs union, without the right holder's application in order certain laws of the - members of the customs union.
5. Right holder in accordance with civil law countries - members of a customs union is liable for property damage (damage) caused by the declarant, owner, recipient of the goods containing objects of intellectual property as a result of suspension of the release of goods in accordance with this chapter unless it is established violation owner.