Inspection And Supervision Of Customs Formalities For Imported And Exported Goods Upon Request For Protection Of Intellectual Property Rights

Pursuant to the Customs Law, the inspection and supervision of customs formalities for imported and exported goods upon request for protection of intellectual property rights are prescribed as follows:

1, Holders of intellectual property rights protected in accordance with the law on intellectual property have the right to request customs authorities to apply inspection and supervision for imported and exported goods showing signs of intellectual property rights infringement.

2,  The intellectual property rights holder or legally authorized person shall pay charges and fees prescribed by the law on charges and fees and provide customs authorities with the following materials:

a/ A written request; written authorization in case of authorized submission of request;

b/ A copy of protection title for industrial property rights or another materials proving industrial property rights which are currently protected in Vietnam or a copy of the certificate of registration of industrial property licensing contract; a copy of the certificate of registration of copyright, copyright-related rights or rights to plant varieties or another materials proving copyright, copyright-related rights or rights to plant varieties;

c/ A detailed description of intellectual property right-infringing goods, photos and characteristics for distinguishing genuine goods from intellectual property right-infringing goods;

d/ A list of lawful importers or exporters of goods requiring supervision; a list of persons likely to export or import intellectual property right-infringing goods.

The time limit for the application of customs inspection and supervision measures for goods requiring protection of intellectual property rights is 2 years from the day on which the customs authority accepts the request of the intellectual property rights holder. This time limit may be granted extension for another 2 years but must not exceed the duration of protection of the concerned intellectual property subject matter in accordance with the Law on Intellectual Property.

3, Place where written requests are received: The General Department of Customs shall receive written requests for customs inspection and supervision. Customs authorities shall notify in writing requesters of the acceptance of requests or refusal to accept requests within the following time limits: Within 20 days after receiving sufficient materials above. In case of refusal to accept the request, customs authorities shall issue written replies, clearly stating reasons.

Quang Anh

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