Article 3822. Additional rights of customs authorities in exercising customs control of goods containing intellectual property objects

Upon identification of goods presenting signs of infringement of rights to intellectual property objects, customs authorities shall have the right to ex officio suspend the release of goods containing intellectual property objects not entered into the Customs Register of Intellectual Property Objects, in accordance with the procedure provided for in this Article, without an application from the right holder for the taking of measures to protect rights to intellectual property objects.

The suspension and cancellation of the suspension of the release of goods in accordance with this Article shall be carried out on the basis of an instruction from the head of the customs authority or a person acting in his stead.

In exercising additional rights, customs authorities shall utilize information regarding the registration of trademarks protected in the Republic of Uzbekistan from the state register of the state body authorized in the field of protection of rights to intellectual property objects in the Republic of Uzbekistan.

In the event that the release of goods is suspended in accordance with part one of this Article, all necessary measures shall be taken by the customs authorities to notify the right holder or his authorized representative and the declarant upon identification of goods presenting signs of infringement of rights to intellectual property objects.

For the purpose of protecting rights to intellectual property objects, customs authorities shall send an inquiry to the state body authorized in the field of protection of rights to intellectual property objects in the Republic of Uzbekistan to clarify information regarding the right holder of the trademark (name, address, telephone number, postal address).

The inquiry shall specify information regarding the goods to which the protective measures are being applied.

The customs authorities and the state body authorized in the field of protection of rights to intellectual property objects in the Republic of Uzbekistan shall take all necessary measures within twenty-four hours to determine the address of the right holder or his authorized representative and to notify him.

In the event that information regarding the right holder or his authorized representative cannot be obtained by the customs authorities within twenty-four hours, the suspension of the release of goods shall be canceled, and the release of goods shall be carried out in accordance with this Code.