IPRs Customs Declaration

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IPRs Customs Declaration

What is Customs declaration?

  • It is to declare the contents of the intellectual property rights that the right holder wants to protect to the customs.
  • Due to the nature of intellectual property rights that are sensitive to changes, TIPA, a private professional organization, is entrusted with the duties of the Korea Customs Service for effective business processing.
  • By filing a customs declaration in advance, you can increase the effectiveness of crackdown on infringing goods at the customs clearance stage.

Reportable Rights

  • Currently, we are operating a customs declaration system for 6 types of rights: ① Trademark right (including exclusive license), ② Patent,
    ③ Design right, ④ Copyright (including neighboring right), ⑤ Geographical indication, and ⑥ Variety protection.

Report content

  • These are the basic data for customs enforcement, such as who the right holder is, the type of right, the standards for checking whether or not there is an infringement, and information on the person who is guilty of infringement.

required documents

  • Regardless of the type of entitlement, there are common documents and documents that must be submitted differently depending on the entitlement.
  • Common Required Documents
    • Intellectual Property Rights Report (Appendix No. 4 ~ No. 9 Form)
      Download
    • Registration register (copyright and geographical indication right are attached with registration certificate)
    • Materials related to infringing products (photos of genuine products, catalogs, methods for identifying infringing products, etc.)
    • Data related to the infringer (limited to the applicable cases, materials that can prove the fact of infringement, such as court complaints, prosecution charges, and transmission history of proof of content)
    • In case of reporting by proxy, power of attorney (Form No. 3 attached)
    • Intellectual Property Rights Customs Declaration Agreement (Form 2 of Attachment 3, only if applicable)
  • Required documents for each right
    • Trademark right (including exclusive license)
      • Documents proving trademark use contract (limited to applicable cases)
      • Documents proving trademark infringement
    • Copyright (including neighboring rights)
      • Work photos, etc. (including computerized files)
      • Contents of domestic or overseas usage contract for copyright, etc. and supporting documents (limited to applicable cases)
    • geographical indication
      • Contents and supporting documents certifying that the country is a legitimate exporter or importer, etc. in Korea or abroad for the geographical indication right, etc. (limited to the cases where applicable)

How to report

  • online
  • Visit/Mail : 6th floor, Korea Customs Society Building, 20 Eonju-ro 129-gil, Gangnam-gu, Seoul (06104)

Report processing period and report validity period

  • (Processing period) Based on business days, processing is processed within 7 days from the date of receipt, and a notification of the result is sent when registration is complete. However, the period may be extended if supplementary documents such as required documents are required.
  • (Valid period) The validity period of the report is 10 years. However, if the duration of intellectual property rights is less than 10 years, it is up to the deadline. You can renew from 1 year to 10 days before the expiration of the validity period. Among the reported contents, the validity period of the matters related to the “Report on possible infringements” is one year and can be renewed.