Intellectual Property Customs Procedures Under IP Law No. 6769
Intellectual property rights are among the most important rights requiring protection at customs borders. Industrial Property Law No. 6769 and relevant provisions of Customs Law No. 4458 establish a strong legal framework for customs detention and destruction of goods infringing trademark, patent, design, and copyright rights.
IP Protection at Customs
- Customs Suspension Application: Rights holders may apply for customs detention of goods infringing their IP rights
- Ex Officio Suspension: Customs authorities may detain suspected infringing goods on their own initiative
- Destruction Procedure: Simplified destruction procedure for identified counterfeit goods
- Security: Security deposit may be required from the rights holder for suspension
Protected Intellectual Property Rights
| Right Type | Scope | Protection Period |
|---|---|---|
| Trademark Right | Registered and well-known trademarks | 10 years (renewable) |
| Patent Right | Inventions and utility models | 20 years (patent) / 10 years (utility model) |
| Design Right | Industrial designs | 5 years (renewable 5 times, total 25 years) |
| Copyright | Literary and artistic works | 70 years after author's death |
| Geographical Indication | Regional products | Indefinite |
Application Process
- Application to Ministry of Trade: Application to Directorate General of Customs for IP protection at customs
- Registration and Notification: Registration of trademarks, patents, and designs in customs database
- Detention and Examination: Detention of suspected goods at customs and notification to rights holder
- Legal Action: Filing lawsuit in court within 10 business days or initiating simplified destruction procedure
Importer Rights
Importers whose goods are detained at customs also have rights including:
- Right to object to detention decision
- Right to provide security for release of goods
- Right to claim compensation for wrongful detention
- Right to participate in sampling and examination of goods
Customs Law No. 4458, Art. 57: "Procedures and principles for protection of intellectual and industrial property rights at customs are determined by regulation."
Related Topics
- Import/Export Law — Legal support for international trade operations
- Customs Tariff — Tariff classification and goods identification
- Smuggling Cases — Criminal aspects of counterfeit goods trade