THE USA JOURNALS
THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE10
64
https://www.theamericanjournals.com/index.php/tajpslc
PUBLISHED DATE: - 30-10-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue10-10
PAGE NO.: - 64-68
PECULIARITIES OF PROTECTION OF RIGHTS
TO TRADEMARKS BY CUSTOMS
AUTHORITIES IN IMPORT AND EXPORT
OPERATIONS IN THE REPUBLIC OF
UZBEKISTAN
B.R. Ruziyev
Head of the Department for Legal Protection of Intellectual Property at the
Ministry of Justice of the Republic of Uzbekistan, Second-Class Legal
Adviser, Uzbekistan
INTRODUCTION
Over the past five years, our country has
strengthened its trade and economic relations with
economically developed countries. As a result, in
2023, the volume of trade with international
partners increased by 23.8%, reaching $62.6
billion.
These indicators demonstrate the steady growth of
our foreign trade performance, which, in turn,
contributes
to
enhancing
Uzbekistan’s
international image, promoting entrepreneurship
and business development, expanding production,
and creating new jobs. This sets the foundation for
Uzbekistan to secure a prominent position among
economically and socially developed nations.
However, it is widely known that external
economic activities, while attractive, can also lead
to negative consequences that may harm human
health and well-being, infringe upon citizens'
rights, and affect the interests of the state and
society. Such situations often arise when dishonest
entrepreneurs import
counterfeit
goods
—
products that do not meet established standards
and have not been inspected for quality, and where
intellectual property rights are violated by failing
to sign agreements with intellectual property
owners or comply with trademark regulations.
For reference: counterfeit products are defined as
any unauthorized use of an intellectual property
object belonging to the rights holder.
RESEARCH ARTICLE
Open Access
Abstract
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Counterfeit goods frequently involve the misuse of
trademarks, which are state-registered distinctive
signs representing the names of products or
services.
Since counterfeit products are not subject to
necessary sanitary and hygiene checks, they not
only infringe upon the interests of intellectual
property owners but also harm society at large.
It is worth noting that 63% of counterfeit products
are manufactured in China , and 4% in Turkey. Both
China ($8 billion) and Turkey ($1.9 billion) are
among Uzbekistan’s major trading partners.
Globally, the value of counterfeit products seized
and confiscated by customs services ranges from
$200 billion to $360 billion annually.
Customs services play a crucial role as the primary
state agency responsible for preventing the entry
of counterfeit products into the country.
It is important to highlight that, before the new
Customs Code was adopted on January 20, 2016,
the rights to intellectual property objects were
regulated by Article 9 of the Customs Code of
December 26, 1997. This article allowed for the
restriction of the import and export of intellectual
property objects into and out of Uzbekistan to
safeguard national security, public order, morality,
human life and health, environmental protection,
and consumer interests. However, this provision
was insufficient to fully protect intellectual
property rights, as it established only a general
norm without specifying clear mechanisms for
protection and enforcement.
In the revised Customs Code of the Republic of
Uzbekistan, a dedicated chapter is devoted to the
protection of intellectual property (IP) rights. This
chapter outlines specific procedures and principles
for customs authorities to determine which goods
are subject to IP rights enforcement, the
registration, maintenance, and removal of
intellectual property objects from the customs
register.
Moreover, amendments and additions to the
Customs Code were introduced through Law No.
LRU-913, dated February 27, 2024, aimed at
strengthening the customs authorities' ability to
enforce IP rights and protect against counterfeit
goods during export-import processes.
According to these amendments, customs
authorities are now granted the right to monitor
and take action regarding IP rights violations on
goods not listed in the customs register and
without a formal request from the rights holder,
under the "ex officio" principle.
The adoption of such legal norms has created
favorable conditions for foreign brand owners and
major entrepreneurs to introduce their products
into the Uzbek market, ensuring their protection
from counterfeit goods. This contributes to
fostering a healthy trade environment in
Uzbekistan, improving the investment climate,
introducing innovative technologies, and attracting
investment.
The protection of intellectual property objects by
customs authorities is carried out in two stages:
1. At the first stage, the rights holders or their
authorized representatives register intellectual
property objects in the "Customs Register of
Intellectual Property Objects" (hereafter referred
to as the Register).
For reference: The Register is maintained by the
State Customs Committee and serves as software
that allows customs officers to monitor and
prevent the entry and exit of goods that infringe
upon intellectual property rights during customs
clearance. Currently, 331 trademarks are
registered in the Register.
2. At the second stage, if signs of infringement are
detected through a risk analysis system or at the
request of the rights holder or their representative
for goods listed in the Register, the release of such
goods into the import regime is suspended for a
period of 10 days. Following a court decision, these
goods may either be removed from the territory of
Uzbekistan or destroyed.
Additionally, customs authorities are empowered
to independently identify and take action against
counterfeit products, even if they are not listed in
the Register and without a request from the rights
holder, under the "ex officio" principle.
In the first nine months of this year, customs
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authorities protected intellectual property rights in
9 cases of imported goods (worth $13.2 billion)
under the "ex officio" principle.
It is important to note that, on average, more than
2,000 goods are processed daily under the customs
import regime and enter the markets and retail
outlets of Uzbekistan.
Despite the ongoing efforts to effectively protect
intellectual property rights, the number of
protected intellectual property objects remains
relatively low in comparison to the volume of
goods entering the country’s customs territory.
One of the main reasons for this challenge is that
customs officers cannot physically inspect every
imported product to verify compliance with
intellectual property rights by comparing each
item with those listed in the Register, due to the
high volume of imports. This creates the possibility
that counterfeit goods may bypass customs control.
According to Article 189 of the Customs Code of the
Republic of Uzbekistan, during customs control,
customs authorities apply a risk management
system to identify the goods and vehicles that
should be inspected, as well as the documents of
legal and natural persons, in order to prevent
violations of customs legislation. The system is also
used to select the forms and scope of customs
control to be applied.
The strategy and tactics of applying the risk
management system are determined through the
collection and processing of information, risk
analysis and assessment, and the development of
risk management measures.
One of the main advantages of the risk
management system is that it automatically selects
goods for inspection based on the principle of risk
assessment, categorizing items as high-risk or low-
risk, and customs officers then conduct inspections
accordingly.
The system operates by creating risk profiles based
on data analysis within customs authorities,
categorizing goods into high risk (red), medium
risk (yellow), and low or no risk (green) channels.
For instance, if an indivisible product (such as a
pipeline) is imported by an importer with no
history of violations, and is being shipped directly
from the manufacturing plant, it is automatically
classified as low-risk.
Conversely, if a product consists of multiple goods
and is imported from a country or manufacturer
unrelated to the product, or by an importer not
typically associated with such goods (e.g., Italian
furniture imported by a food importer from China),
it is classified as high-risk.
As noted above, the Register serves as a database
that assists customs authorities in monitoring
compliance with intellectual property rights.
The Register is a separate software module within
the Unified Automated Information System of the
Customs Committee and is centrally managed by
the main office based on information provided by
the rights holders.
The data entered into the system is automatically
organized into a registry format and published on
the official website of the Customs Committee as
publicly accessible information.
The Register contains the following information on
intellectual property objects:
• Registration number and date of entry into the
register;
• Name (description, characteristics, type);
• Protection number under the Harmonized
Commodity Description and Coding System (HS
code);
• Information about the rights holder;
• Document n
umber, issuance date, and validity
period of the protection certificate;
• Information about the authorized representative
of the rights holder;
• Document confirming the powers of the
authorized representative, including the issuance
date and validity period;
• Period of registration in the Register;
• Reason for removal from the Register;
• Information on counterfeit products.
Since the Register is an open source, participants in
foreign economic activity can access it during
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customs clearance to verify whether their goods
are subject to intellectual property rights or
whether they are not counterfeit.
This, in turn, allows participants in foreign
economic activity to avoid unintentionally
violating the exclusive rights of intellectual
property holders when exporting or importing
trademarked goods, as well as to prevent the
clearance of goods that are deceptively similar.
According to Article 258 of the Customs Code of the
Republic of Uzbekistan, the customs cargo
declaration is a document submitted to the
customs authorities by the declarant or customs
broker, containing accurate information about the
goods being placed under a specific customs
regime.
The customs cargo declaration (CCD) can be
submitted either in electronic form or as a written
document. The circumstances under which
declarations can be submitted in written form, as
well as the relevant goods and customs procedures,
are determined by the Cabinet of Ministers of the
Republic of Uzbekistan. In cases where goods are
declared in written form, the written declaration
must also be accompanied by an electronic copy.
Currently, CCDs are filled out electronically and
entered into the Unified Automated Information
System of the Customs Committee.
The process of completing and filing the CCD is
governed by the Resolution of the State Customs
Committee of the Republic of Uzbekistan, "On
Approval of the Instruction on Completing the
Customs Cargo Declaration," which was registered
with the Ministry of Justice of the Republic of
Uzbekistan on April 6, 2016 (registration number
No. 2773).
In accordance with this resolution, when goods are
placed under export or import customs regimes,
information about the declared goods is entered in
box 31 of the CCD ("Packages and Description of
Goods. Marks, Numbers
–
Container Numbers
–
Description of Goods").
Each piece of information begins on a new line and
is numbered, with item number 1 indicating the
name of the goods (whether trade, commercial, or
traditional), trademarks, brands, models, articles,
grades, standards, and other technical and
commercial characteristics.
Additionally, the brand and name of the trademark
are entered in a designated field (if the goods have
no trademark or brand, this is indicated as "no
trademark" or "no brand").
Moreover, information about the exporter or
consignor is entered in box 2 of the CCD, and
information about the importer or consignee is
entered in box 8.
Given this structure, it would be logical to establish
an automatic control system by comparing the
information entered in the CCD with the data from
the Register during the customs clearance process.
In this regard, it would be necessary to integrate
the "Electronic Customs Clearance" (hereinafter
referred to as ECC) software of the State Customs
Committee’s Unified Auto
mated Information
System with the Register, and to establish
automatic control through the following algorithm:
• Box 2 of the CCD (Exporter/Consignor) and box 8
(Importer/Consignee) should be cross-checked
with the Register's information on the "rights
holder and authorized representative" (name and
taxpayer identification number).
• Box 31 of the CCD (Packages and Description of
Goods, Marks, Numbers
–
Container Numbers
–
Description of Goods) should be compared with the
Register's information on the "name of the
intellectual property object" (description, type,
characteristics).
Based on this comparison, when the CCD is filled
out electronically and submitted to the ECC system,
the system will compare the name of the declared
goods in box 31 with the intellectual property
object listed in the Register. If they match, but the
information in box 2 (Exporter/Consignor) and
box 8 (Importer/Consignee) does not align with
the "rights holder or authorized representative" in
the Register, the system will signal that another
entity is using the intellectual property object.
Subsequently, the customs officer can inspect the
accompanying documentation for the goods or
conduct a physical customs inspection. If an
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intellectual property rights violation is detected,
appropriate measures can then be taken.
An analysis of the actions undertaken by customs
authorities to protect intellectual property rights
reveals certain distinctive characteristics of the
protection mechanisms in place.
Currently, legal frameworks have been established
by customs authorities for the protection of
trademarks, a type of intellectual property, and a
number of measures have been implemented to
safeguard intellectual property rights.
However, the identification of infringements of
intellectual property rights, particularly the
detection of trademarks that are deceptively
similar or identical to the original marks, requires
specialized knowledge on the part of customs
officers. From this perspective, the introduction of
new methods for protecting intellectual property
rights, utilizing artificial intelligence, information
technology, and automated systems, has become a
pressing task.
REFERENCES
1.
https://www.gazeta.uz/oz/2024/01/22/trad
e/
2.
https://www.centrattek.ru/novosti/1526/
3.
https://daryo.uz/k/2024/09/28/ozbekiston-
tashqi-savdo-aylanmasidagi-top-10-davlatlar
4.
https://timeseller.ru/news/2015/02/27/s_na
chala_goda_v_moskve_arestovali_partiyu_kont
rafakta_chasov_na_230_mln_rublej.html
5.
https://lex.uz/docs/2876354
