Article 198. Suspension of the period of release of goods containing intellectual property objects and resumption of the period of release of such goods of the Code on Customs Regulation in the Republic of Kazakhstan
1. If, when performing customs operations related to the placement under customs procedures of goods containing intellectual property objects included in the unified customs register of intellectual property objects of the member States of the Eurasian Economic Union or the customs register of intellectual property objects of the Republic of Kazakhstan, the customs authority finds signs of violation of the rights of the copyright holder to intellectual property objects, the deadline for the release of such The goods are suspended for ten 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 more than ten working days if the rightholder or a person representing his interests or the interests of several rightholders has applied to the court for protection of the rights of the rightholder in accordance with the laws of the Republic of Kazakhstan.
It is allowed for the right holder and (or) a person representing his interests or the interests of several right holders to submit an application for an extension of the period of suspension of the release of goods, an application for the cancellation of the decision to suspend the release of goods to the customs authority in electronic form (scanned copy) using e-mail and fax, with mandatory subsequent presentation of the original document.
3. Decisions on suspending the period of release of goods and extending the period of suspension of the period of release of goods shall be taken by the head of the customs body 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 6 of this Code.
5. The customs authority, no later than one working day following the day of the decision to suspend the release of goods containing intellectual property objects, notifies 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 informs the declarant of the name (surname, first name, patronymic (if it is indicated in the identity document) and the location (place of residence) of the copyright holder and (or) the person, representing his interests or the interests of several rightholders, and to the rightholder or a person representing his interests or the interests of several rightholders – the name (surname, first name, patronymic (if it is indicated in the identity document) and the location (place of residence) of the declarant.
6. Upon the expiration of the suspension period for the release of goods containing intellectual property objects, the release period for such goods shall be resumed and carried out in accordance with the procedure established by this Code, except in cases when the customs authority has been provided with documents confirming the seizure of goods, the seizure or confiscation of them, or a judge's ruling on the initiation of civil proceedings on a claim for infringement the rights of the copyright holder to intellectual property objects. When submitting a judge's ruling on the initiation of a civil case on a claim for violation of the rights of the copyright holder to intellectual property objects, the time limits for suspending the release of goods containing intellectual property objects established by paragraph 1 of this article, as well as the time limits for temporary storage of these goods, shall be extended until the court's decision on the claim of the copyright holder enters into legal force.
7. Property damage (damage) caused to the declarant, the owner, or the recipient of goods containing intellectual property objects as a result of the suspension of the release period of the goods in accordance with this article shall be compensated by the rightholder if the court does not establish a violation of the rights of the rightholder.
8. The decision on the suspension of 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. It is allowed for the right holder and (or) a person representing his interests or the interests of several right holders to submit an application for an extension of the period of suspension of the release of goods, an application for the cancellation of the decision to suspend the release of goods to the customs authority in electronic form (scanned copy) using e-mail and fax, with mandatory subsequent presentation of the original document;
2) The intellectual property object has been excluded from the unified customs register of intellectual property objects of the member States of the Eurasian Economic Union or the Customs register of intellectual property objects of the Republic of Kazakhstan.;
3) the right holder or his representative has not submitted the judge's ruling on the initiation of a civil case on a claim for infringement of intellectual property rights.
In these cases, the release of such goods is resumed.
9. The decision to suspend the period of release of goods is canceled by the head of the customs authority or a person authorized by him.
10. The release of goods containing intellectual property objects does not exclude the right holder's application for protection of his intellectual property rights to the relevant authorized state body of the Republic of Kazakhstan or the court.
11. After the cancellation of the decision to suspend the period of release of goods, the period of release of such goods is resumed.
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 the 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 Republic of Kazakhstan and state bodies of the member states of the Eurasian Economic Union, except in cases established by the legislation of the Republic of Kazakhstan. Kazakhstan.
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 products. Sampling and (or) samples of the specified goods shall be carried out in the presence of a customs official in accordance with Article 37 of this Code.
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 shall be determined by the Commission.
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
