Customs Register of Intellectual Property Objects in Uzbekistan

The Customs Register of Intellectual Property Objects is not a novelty in the legislation of the Republic of Uzbekistan. From its introduction in April 2016 until the beginning of 2024, the Customs Register had little practical success due to its low efficiency. Since the beginning of 2024, the “situation has begun to change” for the better due to legislative amendments in the mechanism for operating this Customs Register. As you may know, the purpose of the Customs Register of Intellectual Property Objects is to provide right holders of intellectual property objects (including trademark owners) with an additional measure to prevent the illegal use of intellectual property objects in Uzbekistan, including preventing parallel (grey) imports of goods into Uzbekistan and combating counterfeiting.

According to Article 1031 of the Civil Code of the Republic of Uzbekistan, intellectual property objects include:

1. Results of intellectual activity:
   • Inventions, utility models, industrial designs;
   • Breeding achievements;
   • Computer programs and databases;
   • Works of science, literature, and art;
   • Performances, phonograms, broadcasts of broadcasting or cable organizations;
   • Undisclosed information, including trade secrets (know-how).
2. Means of individualization of participants in civil circulation, goods, works, and services:
   • Trademarks (service marks);
   • Trade names;
   • Geographical indications;
   • Designations of origin of goods.
3. Other results of intellectual activity and means of individualization of participants in civil circulation, goods, works, and services.

The Customs Register of Intellectual Property Objects is maintained by the Customs Committee under the Ministry of Economy and Finance of the Republic of Uzbekistan (hereinafter – the Customs Committee).

According to the Customs Code of the Republic of Uzbekistan, in order to ensure the protection of rights to intellectual property objects imported into the customs territory of Uzbekistan and exported from this territory, as well as those under customs control, the customs authorities are granted the following rights:

1. To suspend the release of goods containing signs of intellectual property rights infringement;
2. To cancel the decision to suspend the release of goods containing intellectual property objects.

However, customs authorities will not apply measures to protect intellectual property rights with respect to the following goods crossing the customs border of Uzbekistan:

a) By individuals for non-commercial purposes, including goods sent to them by international postal and courier shipments;

b) Under the customs transit regime;

c) By diplomatic missions, consular offices, other official representations of foreign states, international organizations, and their personnel for official and personal use;

d) As humanitarian aid and technical assistance.

 

Inclusion of Intellectual Property Objects in the Customs Register

For this purpose, the right holder of the intellectual property object or their authorized representative must submit an application to the Customs Committee (online via www.customs.uz), which must contain:

a) Information about the right holder or their representative, including name and details (email address may also be provided);

b) A description of the intellectual property object to be protected;

c) The term of validity of rights to the intellectual property object issued by the authorized body;

d) The code of the Foreign Economic Activity Commodity Nomenclature of the Republic of Uzbekistan and the name of the goods containing the intellectual property object;

e) Information about the manufacturer of the intellectual property object (name, address, phone number, mailing address);

f) Documents confirming the authority of the right holder or their authorized representative;

g) The term for which the object is to be included in the Customs Register (not exceeding three years from the date of inclusion);

h) Description of the goods (photos, drawings, diagrams, product passports, and other data) containing the intellectual property objects for which protection is requested.

The following electronic copies must be attached to the online application:

1. Documents confirming the existence and ownership of rights to the intellectual property object (patent, certificate, license agreement, or other documents) certified by the right holder;
2. A power of attorney if the application is submitted by a representative.

The Customs Committee considers the application within 10 calendar days from the date of receipt and decides whether to include or refuse to include the object in the Customs Register. To verify and confirm the submitted information, the Customs Committee may request additional information and documents from authorized bodies. After making the decision, the Customs Committee notifies the right holder or their representative of the inclusion or refusal with justification.

For the inclusion of each intellectual property object (e.g., a single trademark) in the Customs Register, the right holder or representative pays a customs fee equal to 1 base calculation value (approximately USD 30).

Procedure for Maintaining the Customs Register

If the Customs Committee decides to apply measures to protect intellectual property rights, the objects are entered into the Customs Register. The regularly updated Customs Register can be found on the official website of the Customs Committee: https://imo.customs.uz/IMO_REESTR/.

Intellectual property objects can be excluded from the Customs Register in the following cases:

a) Upon request of the right holder or representative;

b) If the customs authority detects false information in the documents submitted for inclusion;

c) Termination of legal protection of the intellectual property object;

d) Expiry of the three-year inclusion period;

e) Based on a decision of the Appeals Council of the Ministry of Justice of Uzbekistan or a court.

When excluding intellectual property objects, the Customs Committee must notify the right holder or representative in writing within three working days.

Measures for the Protection of Intellectual Property Rights

After inclusion in the Customs Register, the right holder or representative may apply to the customs authorities for measures to suspend the release of goods under customs control.

The application must include:

a) Description of goods containing the intellectual property objects;

b) Description of goods allegedly infringing the rights, detailed enough to allow customs authorities to identify such goods (if available);

c) Any other information facilitating the identification of the suspected violation (exporter, importer, or consignee data).

The application must be accompanied by a written undertaking by the right holder or representative to compensate for any material damage caused to the customs declarant in connection with the suspension of release. The undertaking must confirm the transfer of funds in the amount of 100 base calculation values (approximately USD 300) per object of intellectual property to the treasury account of the customs authority.

The Customs Committee reviews the application within three working days and decides to suspend the release of goods or refuses with justification. If the right holder submits false information or fails to provide the undertaking, the Customs Committee may refuse to apply protective measures. The decision is communicated in writing.

The purpose of suspending the release is to allow the right holder or representative to file a claim in the courts of Uzbekistan and present a court order scheduling the case for hearing. Customs must promptly notify both the declarant and the right holder of the reasons and duration of the suspension.

At the request of the right holder or representative, customs suspends the release of goods for no more than 10 working days. If a court order scheduling the case is provided, the period may be extended but not for more than another 10 working days.

If during the extension period a court order on seizure, arrest, or other injunctive measures is provided, the suspension continues in accordance with the court order.

The right holder, representative, or declarant may, under customs control, take samples of goods, conduct examinations, inspect, photograph, or otherwise record such goods.

If the court does not find infringement, the right holder or representative is liable for damage caused to the declarant due to the suspension of release.

Cancellation of Measures to Protect Intellectual Property Rights

The decision of the Customs Committee to suspend the release of goods is cancelled in the following cases:

a) Expiry of the decision’s validity;

b) Submission by the right holder or representative of an application for cancellation;

c) Exclusion of the object from the Customs Register;

d) Failure to submit a court order on seizure or other measures within the established timeframe.

Upon cancellation, the release of goods resumes.

Additional Obligations of the Customs Authority

In addition, the legislation requires customs authorities to independently protect the legal interests of right holders included in the Customs Register as follows:

• If during customs control goods with signs of infringement are detected, customs must notify the right holder within one working day;
• If within one working day after notification the right holder submits the prescribed application, customs must take protective measures. If no application is received, the goods are released in accordance with the procedure.

Signs of infringement are identified based on the risk management system during customs clearance using customs control forms.