mn GB

INTELLECTUAL PROPERTY RIGHTS

Customs administrations are in the frontline to enforce intellectual property rights at the borders. In order to effectively carry out their task, we need the active engagement of the right-holders themselves. The information provided by the right-holders enables customs to identify more easily goods suspected of infringing intellectual property rights (IPR) and take the necessary action.

As a right-holder, you can defend your rights by asking customs to detain goods found to be suspected of infringing IPR. In order to do so, you should lodge an application for registration and application for action with the competent customs department, Customs Control and Inspection Department of the Mongolian Customs General Administration, requesting them to take action

Interested right-holders must submit an official letter of request containing the following information along with the duly completed application forms to the Customs General Administration of Mongolia:

- Description of the goods protected under intellectual property rights;

- Detailed information regarding the right-holder (if the applicant is a legal entity: official name and address, type of organization; if the applicant is an individual: full name, address, citizenship, country of permanent residence etc.);

- If the application is being lodged through a proxy, full name and address of the signatory;

- Evidentiary documents proving the intellectual property right, name of the document, reference number, date of issue, brief description and effective date;

- List of goods to register for protection of the IPR (goods description, international category of services or HS codes of commodities).

Customs shall detain goods suspected of infringing intellectual property rights in the following cases:

- The right-holder or his/her proxy has filed an application in accordance with the preset application form in writing to the Customs General Administration;

- The Intellectual Property Rights Authority, other government agencies, customs organizations of foreign countries or relevant authorities have lodged an application for action to detain goods infringing intellectual property right in accordance with the preset application form;

- Customs organization, at its own will, may detain the goods if the goods are clearly infringing intellectual property right.

The decision to detain goods infringing IPR will be passed by the Director of Customs where the goods are declared and the Intellectual Property Rights Authority, the applicant and if necessary, the right –holder shall be notified within 7 working days by the Customs General Administration.

Application form for registering IPR with customs(in Mongolian only)

Application form for detaining IPR infringing goods(in Mongolian only)