Measure
2.3.1.2.1.
Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Customs Code of Ukraine, which would:
1) stipulate that the opinion of the right holder is sufficient to confirm a violation of intellectual property rights and draw up a report on the violation of customs rules involving the transportation of goods across the customs border of Ukraine in a manner that violates intellectual property rights;
2) expand the application of measures towards greater protection of intellectual property rights to instances of detection of goods suspected of being in violation of intellectual property rights, which are moved across the border bypassing customs control, are concealed from customs control by way of avoiding declaration, etc.;
3) impose harsher administrative penalties for moving goods across the customs border of Ukraine in a manner that violates intellectual property rights;
4) add the right holder to the list of parties participating in case proceedings involving violations of customs rules under Article 476 of the Customs Code of Ukraine.
Measure status:
Actual execution date:
16.01.2024
The measure is aimed at achieving ESR:
2.3.1.2. Official importers (who have the exclusive right to import certain goods or a franchise granted by the manufacturer or official distributor of such goods) have the opportunity to appeal the decision of the customs authority to determine the customs value or classification of goods imported by entities that do not have the status of official importers
Problem solving:
2.3.1. Insufficient transparency and effectiveness of customs authorities, excessive discretionary powers of customs officers
Deadlines:
Responsible implementors (authorities):
State Customs Service of Ukraine
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft law has been submitted to the Parliament of Ukraine.
Implementing status
Progress/Result of implementation:
The Draft Law of Ukraine On Amendments to the Customs Code of Ukraine on the Implementation of Certain Provisions of the Union Customs Code was submitted by the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine and registered under No. 10411 of January 16, 2024. This draft law contains provisions that correspond to subclauses 1, 2, 4 of this measure.
At the same time, the issue of imposing harsher administrative penalties for moving goods across the customs border of Ukraine in a manner that violates intellectual property rights is provided for in the Draft Law of Ukraine On Amendments to the Customs Code of Ukraine on Certain Issues of Administrative Liability for Violation of Customs Rules submitted by the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine, registered under No. 10257 of November 13, 2023.