“The term “ IPR related goods” means scientific, literary or artistic works created under cover of a copyright and the related rights, innovations and industrial designs protected and patented by the Intellectual Property Office of Mongolia (hereinafter referred to as IPOM), certified utility models and geographic indications, certification marks, or goods bearing registered trademarks.
To have goods registered with the Customs Recordation and make changes/amendments in the Recordation, an Approved Form should be completed (filled in) and an official cover letter containing the following information should be presented to the Customs General Administration:
1. brand name of the IPR related goods (description or specification);
2. details of right-owner/right-holder (if applicant is a legal person, his/her registered name, address, organizational type, if a physical person, his/her given name, middle name and surname, address, nationality, country of residence or operation, etc.);
3. if a right-owner/right-holder is represented, at a time of application for recordation, by his/her entrusted person, the latter’s given name, middle name and surname and address;
4. documentary evidence of IPR(s), the relevant document name, number, date, subject and valid period;
5. list of goods to be recorded or protected (description of goods, Standard International Trade (in Goods and Services) Classification code or the Harmonized Commodity Description and Coding System code)..
Detention by Customs of IPR Related Goods
When the conditions and requirements referred to in the Paragraph 4.4 of this Regulation are met, the Customs should, in the following cases, detain the goods suspected of infringing IPR:
1. when an IPR owner/holder or his/her entrusted person had made a request to the Customs General Administration in a form approved by the Annex 2 of this Regulation to detain pirated goods;
2. when an IPOM, other government agency, foreign Customs administration and other competent authority had made a request to the Customs General Administration in a form approved by the Annex 2 of this Regulation to detain pirated goods; or
3. the Customs office considered it appropriate to act upon its own initiative (to act ex officio) to suspend the release of goods in respect of which it has acquired prima facie evidence that an IPR is being infringed.
A decision to detain IPR related goods should be taken by a head of Customs office concerned and notified via the Customs General Administration to the IPOM and applicant, where necessary to the right-owner/right-holder, within 7 (seven) working days after detention
|AN APPLICATION/A REQUEST TO REGISTER IPR RELATED GOODS WITH CUSTOMS|
|AN APPLICATION/A REQUEST TO DETAIN IPR RELATED GOODS AT CUSTOMS|