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IPR enforcement authorities

CUSTOMS ADMINISTRATION

1. Role and competence of the Customs Administration

The Customs Administration, as the administration body in the framework of the Ministry of Finance, performs tasks referring to the clearing the goods through the Customs, Customs supervision and other tasks of the control of passengers and transfer of goods and services with the foreign countries, as well as other jobs prescribed by the law.

Customs legislation includes the Customs Law, Law on the Customs Tariff as well as the international agreements and regulations. The Customs Law applies at the transfer of goods between the customs area of the Republic of Serbia and other customs areas with the regulations from other fields referring to the trade of goods. The aim of this Law is the protection of economic, fiscal and financial interests of the Republic of Serbia, its protection from the illegal trade, the safety and protection of people and the environment as well as facilitation of the international trade.

Customs body consists of the Customs Administration, Customs houses and its organization units competent for the implementation of Customs and other legislation as well as the authorized Customs officers. The Customs Administration performs its jobs and tasks through the 15 regional units – Customs houses, containing, as lower inner organization units, organized Customs outposts and Customs referrals. Customs houses, through their organization units enforce the Customs procedure in the passenger and goods traffic – measures of customs supervision, Customs clearance, suppression of illegal import, Customs administration and transgression procedure, sales of Customs goods and compulsory charge of Customs duty.

2. IPR enforcement tasks

The Customs Law (Official Gazette RS, 18/2010, part VIII – Measures for the protection of intellectual property rights at the border (and the Regulations on the conditions and manner of implementation of measures for the protection of intellectual property rights (OG RS 86/2010 and 28/2012) define the role, the scope and the competence of the government body in the enforcement of measures of protection of intellectual property. New Regulation on the conditions and manner of implementation of measures for the protection of intellectual property rights at the border (OG RS 25/2015) has been adopted in March 2015, but its implementation has been postponed until September 1, 2015.

Import, export or transit of goods infringing intellectual property rights as established by legislation regulating that question, as well as international agreements, are not allowed. Measures for the protection of intellectual property rights are not applied to smaller quantities of noncommercial goods carried in the personal luggage of the passengers or sent in smaller packages.

3. Procedure at the request of the IPR holder

At the request of the intellectual property right holder (which can be individual when referring to a single package, or general) the Customs authorities shall interrupt the Customs procedure and keep the goods in the case of doubt that the import, export or transit of goods, which are the subject matter of Customs procedure, infringe intellectual property rights.

Request for measures to be undertaken can be filed by the holder of intellectual property right, personally or through the representative, as well as the user of some intellectual property right. The request is filed in the prescribed form in two copies. Along with the request on the special form, the statement of the holder of right is filed, where the holder of right accepts responsibility for the damages which can occur if the procedure is interrupted due to the mistake of the holder of right or if the goods which are the subject matter of the procedure are found to be legal and not infringing intellectual property rights.

4. Procedure ex officio

When the Customs authorities interrupt the Customs procedure due to the existence of a doubt that certain goods violate some of the IP rights, they will inform the Customs Administration about it, which will further notify the holder of right, if such a person is known, and the Customs house informs the person declaring the goods or the holder of goods about the temporary seizure of goods, possible violation of right and the possibility to file request, within three days, to enable supervision of the temporarily seized goods.

Within 10 working days from the date of receipt of notification, the person filing a request is obliged to inform the Customs authorities that the procedure has been initiated which leads to the meritory decision, with the possibility to prolong the term for another 10 working days. If the holder of right does not file the request for the undertaking of measures in the prescribed time limit, or does not inform that the procedure has been initiated which leads to a meritory decision, or if the competent body has not ordered the temporary measure on the basis of which the release of goods is postponed, the goods shall be released if conditions for import, export or transit have been fulfilled.

5. Contact

Customs Administration
Department for the Protection of IP Rights

Tel: 011 2015-885, fax: 011 3194-164
e-mail: ipr-customs@carina.rs

Filing request for the protection of IP rights
Tel: 011 2025 953

Interruption of Customs procedure
Tel: 011 3195 766 , 2015 876, 2015 879

For more information please visit the Customs Administration website: www.carina.rs.