Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203
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Content provided-rules:
1. The author's concept of the concept "legal activity of customs authorities in the field of
protection of intellectual property rights" is proposed, which provides for the exercise of powers by
customs officials on the basis of customs legislation in an out-of-court manner of legal measures to
ensure the protection of intellectual property rights when moving goods across the customs border.
2. The basis of the protection of rights the customs authorities have the following content for
intellectual property objects:
- entities engaged in legal activities in the field of protection of intellectual property rights;
- legal basis for the protection of intellectual property rights by customs authorities;
- types of customs authorities in the field of protection of intellectual property rights.
3. A special principle of legal activity of customs authorities in the field of protection of
intellectual property rights is formulated – the principle of limited protection of intellectual property
rights by customs authorities. This principle is expressed in the presence of a number of exceptions
with respect to intellectual property objects, including when legal protection measures are not taken
by customs authorities. The bottom line is that these exceptions are related to: The list of
intellectual property objects subject to protection when moving goods across the customs border;
categories of persons moving goods containing intellectual property objects across the customs
border; customs stages moving goods containing intellectual property objects across the customs
border.
4. The stages of implementation by customs authorities in identifying signs of violations in
the field of intellectual property have been developed. At the same time, it is concluded that the
customs authorities have the right to initiate cases of violations in the field of intellectual property at
the stage of customs declaration (before the release of goods), at the stage of customs control after
the release of goods or as part of operational investigative measures.
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