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Customs code of Turkmenistan chapter 37 (extract from the customs code).

Сustoms measures regarding customs

Article 340. Grounds for suspension of release of goods

1. The customs authorities, in the manner prescribed by this chapter, take measures related to the suspension of the release of goods, on the basis of an application by the owner of exclusive rights (intellectual property) to objects of copyright and related rights, to trademarks, service marks and the owner of the right to use the name of place the origin of the goods (hereinafter - the copyright holder). The measures provided for by this chapter are taken when goods are moved across the customs border or when other actions are taken with goods under customs control.

2. The measures taken by the customs authorities in accordance with this chapter do not prevent the rightholder from resorting to any means of protecting his rights in accordance with the legislation of Turkmenistan.

Article 341. Submission of an application by the rightholder and the procedure for its consideration

1. The rightholderwho has reasonable grounds to believe that there may be a violation of his rights in accordance with the legislation of Turkmenistan on intellectual property in connection with the movement of goods across the customs border of Turkmenistan, which, in his opinion, are counterfeit, or when performing other actions with goods, being under customs control, have the right to submit an application to the authorized state body in the field of customs affairs on the adoption of measures related to the suspension of the release of such goods. The application can be submitted on behalf of the rightholderby his representative.

2. An application for taking measures related to the suspension of the release of goods must contain information:

1) about the copyright holder, and if the application is submitted by his representative - also about the representative;

2) about the object of intellectual property;

3) on goods that are, in the opinion of the copyright holder, counterfeit, sufficiently detailed so that the customs authorities could identify such goods;

4) on the period during which the customs authorities will take measures in accordance with this chapter. The application for taking measures related to the suspension of the release of goods shall be accompanied by documents confirming the existence of the right to an intellectual property object (certificate, agreement, including a license agreement, on the transfer of exclusive rights, other documents that the rightholdercan submit in confirmation of his rights to objects intellectual property), and if the application is submitted by a representative, a power of attorney issued by the rightholder to such a person is also attached to the said application. The rightholder(his representative) may attach samples of goods to the application, which can serve as confirmation of the fact of violation of his rights, in his opinion.

3. The application shall be accompanied by the obligation of the rightholderin writing to compensate for property damage that may be caused to the declarant, owner, recipient of goods or the person specified in Article 9 of this Code in connection with the suspension of the release of goods.

4. The authorized state body in the field of customs shall consider the application within a period not exceeding one month from the date of receipt of the application, and make a decision on taking measures in accordance with this chapter or on refusing to take such measures. In order to verify the reliability of the information provided by the rightholder (his representative), the authorized state body in the field of customs has the right to request from third parties, as well as from state bodies, documents confirming the declared information. These persons are obliged to submit the requested documents within ten days from the date of receipt of the request. At the same time, the authorized state body in the field of customs has the right to extend the period for considering the application, but not more than up to two months. The decision to refuse to take measures in accordance with this chapter shall be made in the event that the rightholder (his representative) submits inaccurate information, as well as his failure to comply with the requirement established by part two of Article 342 of this Code. The rightholder (his representative) is notified of the decision taken in writing within three days from the date of such decision.

5. In the event of a change in the information specified in the application or in the documents attached to it, the rightholder (his representative) is obliged to immediately notify the authorized state body in the field of customs about this.

Article 342. Customs register of intellectual property objects

1. Objects of intellectual property, in respect of which the authorized state body in the field of customs has made a decision to take measures in accordance with this chapter, shall be entered into the customs register of intellectual property objects (hereinafter in this chapter - the register). No fee is charged for inclusion in the register.

The register is kept by the authorized state body in the field of customs in the manner determined by the specified body.

2. The object of intellectual property is included in the register, provided that the rightholder ensures the fulfillment of the obligation specified in part three of Article 341 of this Code, in accordance with the civil legislation of Turkmenistan.

3. The intellectual property object is subject to exclusion from the register in the following cases: 1) at the request of the rightholder(his representative);

2) if the rightholder fails to comply with the conditions provided for in part two of this article;

3) upon expiration of the term of legal protection of the intellectual property object;

4) if the rightholder, during the period of suspension of the release of goods, did not apply to the body authorized in accordance with the legislation of Turkmenistan to protect his rights.

Article 343. Time period during which the customs authorities take measures related to the suspension of the release of goods

The period during which the customs authorities take measures related to the suspension of the release of goods is established on the basis of an application by the rightholder(his representative), but not more than five years from the date the intellectual property object is entered into the register. The specified period may be extended on the basis of an application by the rightholder(his representative), subject to compliance with the requirements provided for in Article 341 and part two of Article 342 of this Code. The period during which the customs authorities take measures related to the suspension of the release of goods cannot be longer than the period of legal protection of the intellectual property object.

Article 344. Suspension of release of goods

1. If, during customs clearance and customs control, the customs authority reveals goods indicated by the rightholder (his representative) as counterfeit, the release of such goods shall be suspended for ten days. At a reasoned written request of the rightholder(his representative), the specified period can be extended, but not more than for another ten days, if he applied to the body authorized in accordance with the legislation of Turkmenistan to protect his rights. The decision to suspend the release of goods and extend the period of suspension of the release of goods shall be made by the head of the customs authority or a person replacing him in writing.

2. The customs authority, no later than the next day after the date of suspension of the release of goods, notifies the declarant and the rightholder (his representative) of the suspension of the release of goods, the reasons and timing of such suspension, and also informs the declarant of the name (surname, first name, patronymic) and address of the rightholder (his representative ), and to the rightholder(his representative) - the name (surname, name, patronymic) and the address of the declarant.

3. The copyright holder, in accordance with the civil legislation of Turkmenistan, is liable for property damage caused to the declarant, owner, recipient of goods or the person specified in Article 9 of this Code, as a result of suspension of the release of goods in accordance with this Chapter, if in the manner prescribed by the legislation of Turkmenistan , it will not be determined that the goods (including their packaging and labels) are counterfeit.

Article 345. Provision of information. Taking samples and samples

1.With the written permission of the customs authority, the rightholder and the declarant (their representatives) may, under customs control, take samples and samples of goods in respect of which a decision has been made to suspend release, conduct their research, as well as inspect, photograph or otherwise record such goods.

2. At the request of the rightholder (his representative), the customs authority may provide additional information that the rightholder may need to prove the violation of his rights, with the exception of cases stipulated by the legislation of Turkmenistan.

3. Information received by the rightholder (his representative) or declarant in accordance with this article is confidential and should not be disclosed to them, transferred to third parties, as well as to state bodies, except as provided by the legislation of Turkmenistan.

Article 346. Cancellation of the decision to suspend the release of goods

1. If before the expiry of the period for suspension of the release of goods from the body authorized in accordance with the legislation of Turkmenistan, a decision is not received to seize the goods, to seize them or to confiscate them, the decision to suspend the release of goods shall be canceled on the day following the day expiration of the period for suspension of the release of goods.

2. The decision to suspend the release of goods shall be canceled before the expiry of the period for suspension of the release of goods if:

1) the rightholder (his representative) applied to the customs authority with a request to cancel the decision to suspend the release of goods;

2) the intellectual property object is excluded from the register.

3. The decision to suspend the release of goods shall be canceled on the day when it became known about the existence of the grounds provided for by part two of this article.

4. Cancellation of the decision to suspend the release of goods is carried out by the head of the customs authority who made such a decision, or by a person replacing him, in writing. After the cancellation of such a decision, the release of goods is carried out in the manner prescribed by this Code.

Article 347. Goods in respect of which the customs authorities do not apply measures related to the suspension of the release of goods

Measures related to the suspension of the release of goods in accordance with this chapter are not applied by the customs authorities in relation to goods containing objects of intellectual property and transported across the customs border by individuals or sent in international mail in insignificant quantities, if such goods are intended for personal, family, household and other needs not related to the implementation of entrepreneurial activities.

(Kindly ask you to note that provided above translation is not an official translation of the document into English).































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