The representative of the Department for the organization of Customs control of the State Fiscal Service of Ukraine Mr. Alexey Hashchitsky said, that Ukrainian parliament is discussing a draft bill that will allow Customs officials to destroy counterfeits that Ukrainians order from abroad.
Changes will affect the Customs Code, which will regulate the destruction of products that violate intellectual property rights. This will apply to international postal items (a total of up to three pieces in one parcel and up to two kilograms in weight).
Article 401-1, which should be included in the Customs Code, is aimed to fight against the online trade of counterfeit goods.
The destruction procedure will include shipments ordered not from the official importer through express delivery or mail delivery. In such case, Customs will no longer be obliged to delay the clearance to inform the right holder or his representative. In case, if the Customs officers have reasonable suspicions that the goods are counterfeit or pirated, then it can be destroyed by the decision of the head of the Customs body only if there is information in the register that the right holder allows to destroy all identified counterfeits.
The buyer will be notified by fax or e-mail about the situation. In case if the buyer will not respond in 10 days, it will be regarded as consent to destruction. If the buyer does not agree with the destruction of the parcel, then all information about the buyer and purchased counterfeits will be transferred to the right holder. The right holder will be able to file a legal action against the buyer or the seller within 10 days.
This bill can be adopted within the framework of Ukraine obligations for the creation of a free trade zone with the European Union. Ukraine has committed within three years to bring its customs legislation in terms of the protection of intellectual property rights in line with European norms.