Is Custom Recordal of Intellectual Property Rights (IPRs) available in Sudan?
Is Custom Recordal of IPRs compulsory in Sudan?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Sudan?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Sudan?
The Regulations of Procedure of Customs Border Measures - form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Sudan.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
It is the role of the customs department to intercept any kind of goods, which are suspected of infringing upon the rights of a legitimate IP rights holder. Upon finding such goods, it is the duty of the customs to conduct proper inspection and report the same to the counterparts, the rights holder as well as the alleged infringer.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
If an IP rights owner has sufficient evidence of the process of importing goods that constitute an infringement to his or her own rights, he or she owner may submit an application to the Customs Directorate for suspension of the Customs clearance procedure, enclosing some important documents as mentioned in the next question.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The documents to be submitted are as follows:
1. A copy of the registration certificate approved by the concerned authorities
2. A copy of the Power of Attorney, if the applicant is a recipient agent
3. An illustrative picture of the counterfeit good/goods
4. An illustrative picture of the original product/products
5. A copy of the original product model and the counterfeit one
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?
Any intimation of such sort shall be made as soon as possible.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Sudan by land, sea, and air?
The customs authority has a centralized system for recording the intellectual property rights.
Is there an online system for Custom Recordal in Sudan?
There is no online system for custom recordal. The request for recording the intellectual property rights with the customs has to be made offline by filing a written application to the Directorate of the Customs.
What is the official fee for Custom Recordal in Sudan?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
The term of recording intellectual property rights with the customs last for a maximum period of 01 year, which is renewable for subsequent terms after the lapse of the original term.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Sudan?
In which scenario does the customs department/authority suspend the clearance of imported goods?
If the goods imported into or exported out of the territory are suspected of carrying goods of infringing nature, the customs authority may suspend the clearance of such goods until the court makes a final determination of the same.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The liabilities and expenses related to the suspension of the release of infringing goods is undertaken by the applicant.
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?
The applicant/IP rights holder has PD (post-delivery) watching days to confirm whether or not the goods are counterfeit.
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?
The deadline is of 10 working days.
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?
If the goods detained or seized are found to be infringing the intellectual property rights of the IP rights holder in question, the customs shall inform the same to the IP rights holder after which a legal proceeding has to be instituted in the appropriate court of law by the rights holder to claim damages relative to such infringing activity.
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?
Yes, the rights holder and the importer have to join legal proceedings for the court to determine whether or not the goods are infringing, or if found infringing, the extent of such infringing activity.
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 Sudan? If yes, then kindly give 2-3 points?
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?
For establishing whether or not the goods are counterfeit before the court of Justice, the applicant may be required to furnish other documents in support of his or her claim as may be requisitioned by the court.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include destruction of goods and damages.
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?