Legal aspects of destruction of counterfeit goods during customs control

Abstract

The article substantiates and develops proposals for improving the legal regulation of destruction of counterfeit goods during customs control in the sphere of industrial property turnover. The issue of destruction of goods, customs clearance of which was suspended on suspicion of violation of intellectual property rights, is being considered. The article indicates based on which legislation the legal regulation of the destruction of goods is carried out. The cases of customs destruction of goods in accordance with Articles 401 and 401-1 of the IC of Ukraine (small consignments of goods crossing the customs border of Ukraine in international postal and express shipments) are analysed. Criticism of the terms of notification of customs control participants and the method of their notification is given. As a result of the study, it is proposed to specify the provisions of the current IC of Ukraine in terms of granting powers for destruction to the owner of goods or a person authorized by him, the possibility of destruction by enterprises outside the area of activity of the customs authority, granting powers to destroy small batches to the head or deputy customs authority to eliminate the grounds for abuse.
It is proposed to provide in the customs legislation provisions for strengthening control and launching independent supervision over the procedure for destruction of counterfeit goods, establishing sufficient legal liability for violation of the procedure for destruction of counterfeits and getting counterfeit goods into free circulation.
The proposal is emphasized to consolidate for a certain period (martial law and a year after its end) groups of goods that, if the destruction procedure is applied, can be transferred without destruction to the needs of the state (low-income families, charitable organizations, the needs of the army, etc.). There is a proposal to expand the provisions of paragraph 3, part 2 of Art. 432 of the Civil Code of the Russian Federation, adding, in addition to destruction, an alternative measure may be the transfer of certain types of goods specified by law for the needs of the state or to repay losses to the right holder. It is proposed to clarify the procedure for notifying participants of customs control. It is concluded that the destruction of counterfeit goods in accordance with Art. 401, 401-1 of the IC of Ukraine and Article 432 of the Civil Code of Ukraine are different procedures.