Is Custom Recordalof Intellectual Property Rights (IPRs) available in Azerbaijan?
Is Custom Recordal of IPRs compulsory in Azerbaijan?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Azerbaijan?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Azerbaijan?
The Customs Code of the Azerbaijan Republic (Adopted by the Law of Azerbaijan Republic of June 10, 1997, № 311-IQ) forms the legal basis for Custom Recordal of IPRs (Border Control Measures).
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective on both import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
The role of the customs department is to detect and withhold the goods for further inspection after intimation is given to the rights holder.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
The rights holder needs to submit to the Azerbaijani State Customs Committee, in paper or electronic form, an application for the inclusion of a protected IPR into the register. The Committee has 01 month from the date the application is submitted to review the application and decide whether or not to enter the protected IPR into the register.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The documents required in support of the recordation are as follows:
1. Power of attorney
2. A certified copy of the registration certificate of the trademark to be recorded
3. A Request form
4. An electronic presentation of the original product to aid the Customs officials in detecting counterfeit products and differentiating them from the originals
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Azerbaijan by land, sea, and air?
Is there an online system for Custom Recordal in Azerbaijan?
What is the official fee for Custom Recordal in Azerbaijan?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
The term of Custom Recordal of IPRs is 05 years, which can be further renewed for successive periods of 05 years each.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Azerbaijan?
In which scenario does the customs department/authority suspend the clearance of imported goods?
The customs department/authority suspends the clearance of imported goods on determination of the nature of infringing goods.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Azerbaijan? If yes, then kindly give 2-3 points?
No, there aren’t any disadvantages of Custom Recordal of IPRs.
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
Seizure and confiscation of goods
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?