CUSTOMS CONTROL REGARDING THE REGISTRATION OF GOODS CONTAINING INTELLECTUAL PROPERTY RIGHTS

Abstract

The article examines the issues of legal regulation of customs control over the registration of goodscontaining intellectual property rights. According to the results of the research, it is proposed to specify the legislativeprovisions that regulate the discretionary powers of customs officers to suspend customs clearance of goods on their owninitiative. The expediency of making changes to the list of intellectual property rights that are protected in accordancewith the law and subject to registration in the register administered by the State Customs Service of Ukraine is justified.The scientific paper also outlines the main aspects that contribute to the existence of such a negative phenomenon aspatent trolling, and considers possible ways to combat it. The issue of introducing administrative liability for registrationof intellectual property rights in the customs register in order to create obstacles to the bona fide activities of other rightsholders was raised, and the need to strengthen administrative responsibility for importing or exporting goods in violationof legally protected rights was stressed intellectual property. As part of the conceptual task of reforming the intellectualproperty sector, in part of the amendments to The Customs Code of Ukraine, it is proposed to improve national legislationaimed at combating counterfeit goods by aligning it with Ukraine’s commitments to The World Trade Organizationand The European Union. Emphasis on the need for account the national specifics of the formation and developmentof the state system of legal protection of intellectual property in the process of borrowing relevant foreign experiencerelated to the creation of effective mechanisms for implementing legal norms in the field of intellectual property.