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Custom Recordal of IPRs in Sudan


Custom Recordal of IPRs
The Regulations of Procedure of Customs Border Measures - form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Sudan.
Custom Recordal of IPRs is effective both on the import and export of goods.
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.
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.
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
Any intimation of such sort shall be made as soon as possible.
The customs authority has a centralized system for recording the intellectual property rights.
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.
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.
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.
The liabilities and expenses related to the suspension of the release of infringing goods is undertaken by the applicant.
The applicant/IP rights holder has PD (post-delivery) watching days to confirm whether or not the goods are counterfeit.
The deadline is of 10 working days.
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.
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.
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.
The possible remedies awarded by the court include destruction of goods and damages.