For companies that work with brands, patents, and other intellectual property objects, protecting the rights to these objects from illegal use is one of the key areas of business legal security. This is especially true when importing and exporting goods, when there is a risk of illegal import or use of protected facilities.
One of the tools for protecting intellectual property rights in Belarus is the inclusion of intellectual property objects in the Customs Register. Such registration allows customs authorities to identify and detain goods that may violate the rights of the copyright holder at the border, before they enter the market.
The registration procedure not only strengthens control over the use of trademarks, inventions or industrial designs, but also helps companies build a systematic strategy to protect their reputation and commercial interests. At the same time, it is important to understand which objects are included in the register, what documents will be required, and what is the procedure for interaction with customs authorities.
In this article, we look at how IP objects are registered in the Customs Register, what advantages it gives to businesses, and what you should pay attention to when preparing an application.
Why Register IP Objects in the Customs Register
Registering intellectual property in the Customs Register is one of the most effective tools for preventing counterfeit goods from entering Belarus. Inclusion of a trademark, patent, or other IP object in the Register allows customs authorities to promptly monitor and block goods that may infringe the rights of IP owners — at the border stage, before such goods are released into free circulation.
How the Register Helps Prevent the Import of Counterfeit Goods
During customs control, officers use a database containing IP objects registered by their rightful owners. If the system detects a match between the product’s designation or appearance and a registered IP object, customs suspends the release of the goods. This gives the rights holder an opportunity to confirm ownership and request the seizure of the counterfeit batch.
Thus, registration in the Customs Register effectively establishes the first line of brand protection — at the border, before counterfeit products reach retail networks.
The Role of Customs in Protecting IP Rights
Customs authorities not only perform control functions but also actively cooperate with rights holders. Once an IP object is included in the Register, customs has the authority to:
- Suspend the release of goods that raise suspicion.
- Notify the rights holder of the detained batch.
- Allow the rights holder to initiate further actions — such as filing a rights protection claim or initiating administrative proceedings.
This means that state control becomes a proactive tool that helps businesses protect their assets without the need for continuous market monitoring.
Benefits of Registration for Importers and Manufacturers
For manufacturers and official distributors, registration in the Customs Register means not only protection from counterfeits but also greater trust from partners and consumers. The key advantages include:
- Reducing the risk of counterfeit goods entering the market and damaging brand reputation.
- Simplifying interaction with customs authorities during shipments.
- Protecting investments in product development, marketing, and brand promotion.
- Strengthening the evidentiary base in case of legal disputes.
In conclusion, registration in the Customs Register is not merely a formal procedure but a strategic tool that enables companies to prevent IP rights violations before they occur and ensure long-term business stability in the market.
What Types of Intellectual Property Can Be Registered
The Customs Register covers a wide range of intellectual property (IP) objects that may be used in the production, packaging, or sale of goods. The main purpose of registration is to protect rights holders from the unlawful use and circulation of products that infringe their exclusive rights.
Trademarks and Service Marks
The most commonly registered IP objects are trademarks — distinctive signs by which consumers recognize a company’s products or services. These can include word, figurative, combined, or three-dimensional marks.
Registering a trademark in the Customs Register enables customs authorities to identify goods with counterfeit branding, logos, or packaging that are confusingly similar to the original. This gives companies a real opportunity to protect their brands from counterfeiting and unauthorized imports.
Inventions, Utility Models, and Industrial Designs
In addition to trademarks, patentable objects such as inventions, utility models, and industrial designs can also be entered into the Customs Register.
- Inventions are technical solutions that can be unlawfully used in the manufacture of goods or equipment.
- Utility models protect product designs, mechanisms, or their components.
- Industrial designs safeguard the external appearance of products, including design and shape.
Registration of these objects is particularly important for companies that supply technical equipment, electronics, machinery components, or industrial products. It helps prevent the import of copies that reproduce protected technical solutions or product designs.
Copyrighted Works: Software, Design, and Packaging
The Register may also include objects protected by copyright — such as software, graphic design elements, original packaging, or visual branding materials.
For example, a rights holder may register distinctive packaging designs or the interface of a software product if there is a risk of importing counterfeit copies or pirated materials.
A Universal Tool for Brand and Technology Protection
In essence, almost any category of intellectual property with commercial value in cross-border trade can be entered into the Customs Register. This makes registration a universal tool for protecting brands, technologies, and creative works from unfair competition and illegal use.
Who Can Submit an Application for Registration
An application to include an intellectual property (IP) object in the Customs Register can be submitted not only by the rights holder but also by their authorized representative, provided that the authority is properly documented. Legislation identifies several categories of applicants, each with specific rules for participation in the registration process.
Rights Holder, Representative, or Licensee
The primary applicant is the rights holder of an individual or legal entity that owns the exclusive rights to the IP object (for example, the owner of a trademark, patent, or industrial design).
However, an authorized representative or licensee may also submit an application if a contract or power of attorney grants them the right to act on behalf of the rights holder.
For licensees, it is important that the licensing agreement explicitly provides the right to protect the IP object, including the ability to apply to government authorities. If this provision is absent, the application must be submitted in the name of the rights holder.
Representing Interests via Power of Attorney
When a representative, such as a law firm, patent attorney, or company employee handles the registration, their authority must be confirmed by a power of attorney.
The power of attorney must specify:
- Details of the principal (rights holder) and the representative.
- Scope of authority, including the right to submit the application and receive notifications from customs.
- Term of validity.
- Signature and seal (if applicable).
For international registrations, a power of attorney issued by a foreign entity should be translated into Russian or Belarusian and, if necessary, notarized.
Mandatory Requirements for Applicants
To consider an application, the applicant must confirm their ownership or other legal basis for using the IP object. Depending on the type of object, the application must include:
- Certificate of registration of the trademark, patent, or other IP protection document.
- Documents confirming registration with the national authority.
- Description of the object and the goods for which protection is required.
- Contact details for prompt communication with customs authorities.
Applicants are also required to cooperate with customs, providing guidance and support in identifying goods. This ensures the effectiveness of protective measures and allows timely response to potential infringements.
Any lawful owner of exclusive rights or their authorized representative may submit an application, provided that their authority is properly documented. Many companies entrust this process to professional consultants to avoid errors in documentation and to accelerate registration, the kind of support offered by the SPEX team.
Procedure for Registering an IP Object in the Customs Register
The process of registering an intellectual property (IP) object in the Customs Register involves several sequential steps, from document preparation to the official entry of data into the register and the commencement of customs monitoring. Proper preparation of all documents and strict compliance with application requirements significantly increase the likelihood of successful registration and expedite the review process.
Preparation of Documents and Proof of Ownership
The first step is to gather documents that confirm the rights to the intellectual property object. Depending on the type of IP (trademark, patent, industrial design, etc.), the applicant prepares:
- A copy of the state registration certificate or patent.
- A description of the IP object (including visual images, design elements, logos, and verbal identifiers).
- A list of goods associated with the IP object.
- Samples of the original products and packaging (for comparison during customs inspections).
- Contact details of the company representative responsible for liaising with customs authorities.
It is also recommended to include additional evidence of commercial use of the IP object, such as links to the official website, photos of original products, and marketing materials. This helps customs authorities quickly identify genuine goods and distinguish them from counterfeit products.
Submitting the Application and Interacting with Customs Authorities
Once the documents are prepared, the application is submitted to the State Customs Committee of the Republic of Belarus. The application should include information about the rights holder, a description of the IP object, the list of goods, and the relevant HS codes (customs classification codes) for imported goods.
Customs authorities review the documents, assess their completeness and accuracy, and may request additional information if needed. Upon a positive decision, the IP object is entered into the Customs Register, after which the information becomes accessible to all customs checkpoints and divisions.
From the moment of registration, customs authorities gain the right to suspend the release of goods suspected of infringing exclusive rights and notify the rights holder to take further action.
Processing Time and Registration Validity
The review of an application usually takes up to 30 calendar days from the date of submission. If additional verification is required, this period may be extended.
The registration in the Customs Register is generally valid for one year, with the possibility of renewal upon the rights holder’s request. Renewal requires confirmation of the rights’ validity and the desire to continue customs monitoring.
In summary, the process of registering an IP object in the Customs Register is a formalized but highly effective procedure, enabling continuous oversight by customs authorities. With professional document preparation and correct interaction with the State Customs Committee, registration proceeds without delays, providing businesses with reliable protection of intellectual property rights in international trade.
Customs Actions Upon Detection of a Possible Infringement
Once an intellectual property (IP) object is included in the Customs Register, customs authorities gain the ability to promptly respond to suspicious shipments that may infringe the rights of the IP holder. The customs control system enables the detection of such cases at the border, before goods are released into circulation.
Suspension of Goods Release
If, during document checks or visual inspection of the shipment, customs authorities detect signs of unauthorized use of a registered IP object (e.g., trademarks, packaging, or design), the release of the goods is temporarily suspended.
This decision is based on information contained in the Customs Register and applies to the specific shipment in question.
The suspension period typically lasts up to 10 working days, with the possibility of extension if the rights holder submits a request for further action. During this time, goods remain under customs control and are not allowed for sale or processing.
Notification of the Rights Holder and Cargo Owner
After suspending the release, customs authorities are required to notify both the rights holder and the owner of the detained goods.
The rights holder receives information about the nature and quantity of the goods, the checkpoint where the goods are held, and details of the declarant or importer. This allows for a quick assessment of whether the products indeed infringe rights and for deciding on the next steps.
At the same time, the cargo owner is informed of the reasons for the suspension and given the opportunity to provide evidence of lawful use of the IP object for example, a license agreement, permission from the rights holder, or other supporting documents.
Options for Protecting Interests and Initiating Proceedings
If the rights holder confirms that the goods are counterfeit, they may initiate administrative or civil proceedings to protect their rights. At this stage, it is possible to:
- File a court claim requesting seizure and destruction of counterfeit goods.
- Submit an application to initiate an administrative offense case.
- Use dispute resolution procedures by providing evidence and explanations.
If the review confirms that no rights have been violated, the release of the goods is resumed.
Thanks to this response system, registration in the Customs Register is not just a formality but an effective mechanism for the rapid protection of brands and exclusive rights. Companies that register their IP objects in the register can act quickly and confidently, while customs authorities have a legal basis for blocking suspicious shipments until the situation is resolved.
Conclusion
Registering intellectual property objects in the Customs Register is one of the most effective ways to protect a brand, products, and technology from unauthorized use and the import of counterfeit goods. It enables intervention at the border, preventing counterfeit products from entering the market and avoiding financial losses.
However, the successful entry of an object into the register requires careful preparation of documents, correct registration of rights and clear interaction with customs authorities. Any inaccuracy may lead to a refusal to register or slow down the procedure.
The SPEX team provides comprehensive support for the inclusion of IP objects in the Customs Register: we help prepare the necessary package of documents, interact with customs authorities and ensure transparency of the entire procedure. Thanks to the professional support of our specialists, your business receives reliable intellectual property protection and confidence in the legality of foreign economic activity.
How to contact us
For more information or consultations related to registering intellectual property objects in the Customs Register, do not hesitate to contact us. We are here to help and support you.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@spex.by.
