Azerbaijan
The importation of goods into Azerbaijan is regulated by the customs authorities. All imports are subject to mandatory customs control, which includes the verification of documents, the collection of duties and taxes, and the inspection of the imported goods themselves.
Customs control extends to trademarks that have been duly registered in Azerbaijan.
According to the current legislation in Azerbaijan, it is possible to file an application for the recordal of a trademark with the State Customs Committee of Azerbaijan.
For the customs recordation, the following are required:
- the right holder’s details, including name and address, affiliation, telephone number, and e-mail address;
- a detailed description of the goods to ensure they are easily recognizable by the customs authorities, including their type, classification code (HS code), customs value, country of origin, type of packages, number of items per package, border customs checkpoints used for the movement of goods, as well as information about the modes of transportation and the route of movement of the goods;
- a detailed description of counterfeit goods, including customs value, country of origin, type of packages, number of items per package, border customs checkpoints used for the movement of counterfeit goods, modes of transportation and the movement route, as well as other useful information for identification purposes;
- information on importers and/or exporters, including name and address, TIN, contact phone number, and e-mail address, as well as information about the type of distributor (official, unofficial, exclusive, etc.);
- a document confirming the right to the registered object of intellectual property;
- an obligation from the applicant to compensate any damage incurred by the declarant, owner of the goods, or any other interested person due to the suspension of the release of goods and also to cover the expenses of customs authorities in case it is determined that the goods are not counterfeit;
- a PoA signed and sealed by the right holder. In the absence of a corporate seal, the PoA shall be notarized and legalized.
The approximate timeframe for consideration of an application is 1 month from the filing date.
The timeframe for entering goods into the Customs Register is 3 days after the issuance of an appropriate decision by the customs authorities.
The duration of protection of the rights of the right holder shall be determined for five (5) years based on the period indicated by the applicant from the date of the decision by the Customs Committee to enter the trademark into the register.