Uzbekistan

The importation of goods into Uzbekistan 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 and industrial designs that have been duly registered in Uzbekistan.

To use the customs control procedure, the right holder or their authorized representative must apply to the Customs Committee of Uzbekistan with the relevant application.

The following documents are required for entering a trademark or industrial design into the Customs Register:

• Extracts from the WIPO registration data, which confirm the validity of the international registrations of the trademark(s) or industrial design(s) in the territory of Uzbekistan;
• A PoA, duly executed by the applicant and legalized;
• A detailed description of the original and counterfeit goods or infringing designs, allowing the customs authorities to identify them, as well as samples or photos of goods, both original and counterfeit, or registered views of the industrial design;
• Information on the right holder and manufacturer of the goods;
• Information on the importers/exporters that shall be recorded in the Customs Register.

The application shall be considered by the Customs Authorities within 1 month.

The record in the Customs Register of Uzbekistan is valid for up to 3 years, with the possibility of extension.

Additional documents and information:

• A detailed description of the original goods or industrial design and any information (including photographs of the original goods, packaging, or registered views of the design) to facilitate identification by customs authorities;
• Information on the manufacturer of the goods and the country of origin, as well as information about importers/exporters of the original goods;
• Any information about goods or designs produced in violation of intellectual property rights (including the origin or location of such goods, details necessary for identifying the batch of goods, packaging, movement, means of transport used, sender, recipient, or owner of the goods, and information about the distinctive features of the original goods or design and the infringing goods or design, if any).

Considering that the Customs Register still does not operate automatically, the procedure is as follows:

1. The right holder should notify the customs authorities in advance (before the goods cross the border) that the goods or design violate their rights and request a temporary suspension of the goods by filing a relevant application.
2. This means the right holder must know about such goods in advance, which is very rare. Then, during the time that customs allows (about 10 days), the right holder should file a relevant application with the court requesting a prohibition on the release of products that violate their rights into the territory.
3. Then, with a document confirming the filing of an application with the court, customs is notified again, and a request is made to suspend the goods until the court’s decision. In the event of a positive court decision, customs is notified again, and the release of the products is finally denied. In the event of a negative decision, the right holder risks being charged for all damages incurred by the importer due to the downtime of the goods, especially if they are perishable, as well as other expenses.