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Custom Recordal of IPRs in Armenia


Custom Recordal of IPRs
The Customs Code of the Republic of Armenia forms the legal basis for Custom Recordal of IPRs (Border Control Measures).
Custom Recordal of IPRs is effective both on the import and export of goods.
The role of the Customs department is to identify and dispose-off goods as per the procedure defined by law.
Anyone who has valid grounds to suspect that through the Customs border of the Republic of Armenia can be transported goods that may infringe IPRs may submit an application (hereinafter suspension request) to the Ministry of State Revenue of the Republic of Armenia. There are two kinds of applications: General and Specific character applications. It is required that the IPR should be registered in the register of IP object maintained by the Ministry of State Revenue. The Ministry of State Revenue, having discussed within the 05 days the request on suspension, shall inform (Customs Bodies in the case of necessity) in written form within 02 working days about the decision made. The Ministry of State Revenue shall define the period when the Customs Bodies should make relevant arrangements if a decision has been made to satisfy the request. The ministry, according to the applicant's substantial request, may extend that period. Any rejection to satisfy the request shall be substantiated and can be appealed in legal form.
The declarant can make the request of recordal by submitting a suspension request which shall include:
  • The details of the registered trademark (name, number or registration, classes of goods/services, registration number, and date, expiration date, the name and address of the owner);
  • A copy of the trademark registration certificate, or an extract from the official state register of the Armenian Intellectual Property Agency, or a certificate provided by the Armenian Intellectual Property Agency confirming registration of the trademark through a local or international procedure;
  • The description on the manner of the trademark usage on goods/services (with images);
  • The requested duration for the Customs Service assistance (maximum two years, or until the expiration of the trademark registration, whichever is the earliest);
  • The original Power of Attorney granted to the local representative/legal counsel (notarised and legalised, together with the notarised Armenian translation) who will be notified about all seizures/detentions;
  • Information about the local representative/legal counsel (name, address, contact information of the local legal counsel), as well as information (name, address, contact information) about rights holder's official distributors, if available, to avoid detention of distributor's imports; and
  • Evidence of infringement of the trademark in Armenia, or a potential risk thereof.
02 days
20,000 Armenian drams (equivalent to approximately $40) is the official fee for each trademark; Also, a bank guarantee has to be paid which is equivalent to 5% of the customs value of the imported goods.
Maximum 02 years, or until the expiration of the trademark registration, whichever is the earliest.
If the Customs body reveals that the goods in question infringe the proprietor's rights, such goods shall be subject to transportation to the warehouse of temporary preservation. The decision on suspension of the release of goods shall be made by the Head of the Customs body or the Deputy within 10 days, with an opportunity to extend this period by no more than 20 days, according to the case stipulated in paragraph a) of Article 236 of this Code.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
The rights holder has 10 to 20 days to take additional legal actions to keep the goods detained. Before the termination of the same, the applicant has to convey the authenticity of the goods.
Yes (It depends on the order of the court).
The goods may either be released or detained until the end of litigation, depending on whether the courts manage to order the Customs Office to keep the goods detained before the expiration of the 20th date of the Customs decision on seizure.
Within the first 03 days, the rights holder should provide the Customs Office with a bank guarantee or a guarantee payment equivalent to 5% of the Customs value of the imported goods.
The infringing goods are transported to a warehouse of temporary preservation. Thereafter, on finding that they are pirated, the goods may be disposed off as per law or as per agreement with the proprietor.
The applicant has the option of initiating a civil proceeding.
An appeal can be made to superior customs authority.