Article 124. Suspension of the period of release of goods containing intellectual property objects and resumption of the period of release of such goods of the Customs Code of the Eurasian Economic Union
1. If, when performing customs operations related to the placement of goods under customs procedures containing intellectual property objects included in the unified customs register of intellectual property objects of the Member States or the national customs register of intellectual property objects maintained by the customs authority of the Member State in whose territory the goods are placed under customs procedures, the customs authority finds signs of infringement of the rights of the copyright holder to intellectual property objects, The release period of such goods is suspended for 10 working days.
2. At the request of the rightholder or a person representing his interests or the interests of several rightholders, this period is extended by the customs authority, but not for more than 10 working days if the rightholder or a person representing his interests or the interests of several rightholders has applied to the authorized bodies for protection of the rights of the rightholder in accordance with the legislation of the Member States, as well as in other cases established by the legislation of the Member States.
3. Decisions on the suspension of the period of release of goods and on the extension of the period of suspension of the period of release of goods are made by the head (head) of the customs authority or a person authorized by him.
4. The time limits set out in paragraphs 1 and 2 of this Article shall be calculated in accordance with paragraph 8 of Article 4 of this Code.
5. The customs authority, no later than 1 business day following the day of making a decision to suspend the release of goods containing intellectual property objects, shall notify the declarant and the rightholder or a person representing his interests or the interests of several rightholders of such suspension, the reasons and terms of suspension, and also inform the declarant of the name (surname, first name, patronymic (if available)) and the location (address) of the copyright holder and (or) the person representing his interests or the interests of several copyright holders, and to the copyright holder or person, representing his interests or the interests of several copyright holders, - name (surname, first name, patronymic (if any)) and the location (address) of the declarant.
6. Upon expiration of the suspension period for the release of goods containing intellectual property objects, the release period for such goods is resumed, except in cases when the customs authority has been provided with documents confirming the seizure of goods, their seizure or confiscation, or other documents in accordance with the legislation of the Member States.
7. The customs authorities have the right to suspend the release period of goods containing intellectual property objects that are not included in the unified customs register of intellectual property objects of the Member States or the national customs register of intellectual property objects, which is maintained by the customs authority of the member State in whose territory the goods are placed under customs procedures, without a declaration from the copyright holder in accordance with the legislation of the Member States about customs regulation.
8. In accordance with the legislation of the Member States, the copyright holder is liable for property damage (damage) caused to the declarant, owner, recipient of goods containing intellectual property objects as a result of suspension of the release period of goods in accordance with this article, unless a violation of the rights of the copyright holder is established.
9. The decision to suspend the period of release of goods is subject to cancellation before the expiration of the period of suspension of the period of release of goods in the following cases:
1) the customs authority has received an application from the copyright holder or a person representing his interests or the interests of several copyright holders to cancel such a decision;
2) the intellectual property object has been excluded from the unified customs register of intellectual property objects of the Member States or the national customs register of intellectual property objects, which is maintained by the customs authority of the member State in whose territory the goods are placed under customs procedures.;
3) other cases established by the legislation of the Member States.
10. The decision to suspend the period of release of goods is cancelled by the head (head) of the customs body or a person authorized by him.
11. After the cancellation of the decision to suspend the period of release of goods, the period of release of such goods is resumed.
The legislation of the Member States may establish cases when the release period of such goods is not renewed.
12. The Customs authority shall provide the declarant, the rightholder or a person representing his interests or the interests of several rightholders with information on the goods in respect of which a decision has been taken to suspend the release of goods in accordance with the procedure determined by the Commission.
13. Information received by the declarant, the rightholder or a person representing his interests or the interests of several rightholders, in accordance with this article, is confidential and should not be disclosed by them, transferred to third parties, as well as to state bodies of the Member States, except in cases established by the legislation of the Member States.
14. With the permission of the customs authority, the declarant, the rightholder or a person representing his interests or the interests of several rightholders have the right to take samples and (or) samples of goods in respect of which a decision has been taken to suspend their release, including for their research, as well as the right to inspect, photograph or otherwise record such goods..
15. The procedure for making decisions on the suspension of the period of release of goods and on the extension of the period of suspension of the period of release of goods, notifying the declarant, the rightholder or a person representing his interests or the interests of several rightholders of such decisions, as well as the procedure for making cancellation of the decision on the suspension of the period of release of goods are determined by the Commission.
The Customs Code of the Eurasian Economic Union was adopted on April 11, 2017.
It was ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI SAM.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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