25/ 04/ 2012

Recently-adopted Customs Code of Ukraine reflects the EBA proposals as for intellectual property rights protection during customs clearance of goods. As a result, guarantee deposits at customs check points were abolished.

On 19 April 2012 the President of Ukraine signed the new version of the Customs Code of Ukraine in which EBA’s proposals as for intellectual property rights protection are taken into account.

The previous version of the Customs Code envisaged the system of guarantee deposit for inclusion of intellectual property objects into the special registry of intellectual property objects at customs check-points. Such guarantee deposit was aimed to ensure the compensation of expenses to the customs bodies and owners of the temporary storage facilities for suspension of customs clearance of goods and for storage of goods. Such system proved to be ineffective and burdensome for business entities, as they had to pay the respective sum for each trade mark included to the registry to ensure the compensation of expenses.

The EBA has consistently put the concerns over such deposit on the agenda. This issue had been discussed at various meetings with the State Customs Service of Ukraine, other state authorities and included into EBA report “Overcoming obstacles to business success” (2009) and other EBA position papers.

The EBA considers this policy step as important step for improvement of intellectual property rights protection in course of customs clearance. The Association will keep on monitoring the implementation of respective provisions in practice.

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