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Custom Recordal of IPRs in Belize

Belize

Custom Recordal of IPRs
No
No
No
The Trade Mark Act Cap. 257 and the Customs Regulation Act form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Belize.
There is no procedure to record with the customs. However, the proprietor of trademarks may send a notice to the Comptroller of Customs to deter infringing imports and exports.
The awareness with respect to IPRs has been very recent in other departments. Therefore, the role of the customs has elaborated with time and their role has extended to combating piracy, counterfeiting, and general infringement of IPRs. Therefore, they act in furtherance of the notice generated by the proprietor of IPRs to intercept and forfeit the goods of infringing nature.
There is no procedure to record IPRs with the customs. However, the proprietor of a registered trademark or a licensee, may give a notice in writing to the Comptroller of Customs inclusive of the details related to the infringing shipment and articles to be subjected to such measures.
The proprietor is required furnish all documents, which shall help establish the reliability on the notice, including the document of registration of the IPR, other pieces of evidence, receipt of payment of fee and security, any other incidental or supplementary document.
Yes
The same has not been specified in the Acts.
The customs authority has a centralized system; therefore, the recordal is not required to be made at each port of entry in the country. A single notice may be made.
There is no system of recording the intellectual property rights with the customs through an online medium. The request has to be made through a written notice.
The notice given to the Comptroller of Customs shall remain effective for the consignment being notified against for the mentioned timeslot and place.
Yes
The customs authority suspends the clearance of the imported goods when it finds, in furtherance of the notice made by the proprietor of trademarks, that the goods alleged of infringement curtail the rights vested in the rights holder under the law on trademarks and customs.
The applicant must bear the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
No
No
Yes
The requirement with respect to any bond or security is made attributable to the registrant in accordance with the directions of the Comptroller of Customs keeping in mind the adequate security, which may be needed in respect of any liability or expense that the Comptroller may incur in consequence of the notice by reason of detention of any article or that may be needed to indemnify the Comptroller against any liability or expenses, which may include any other incidental or supplementary matters as well.
If the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, the goods are treated as prohibited goods by virtue of the trademarks act and they shall be considered forfeited.
N/A
N/A
There is a lack of proper system of recording the IPRs with the customs, which invites difficulty in enforcing the rights by using customs as a mode of urgent redressal or to prevent the infringing acts before they actually cause damage to the proprietor.
No
N/A
N/A
No