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Procedure Name

Procedure for import of goods related to intellectual property rights across the customs border

Description

Category	Registration
Responsible Agency	Name: Mongolian Customs General Administration Address: Ikh Toiruu 81/1 Sukhbaatar District, Ulaanbaatar, Mongolia 14193 Email: icd@customs.gov.mn icd.mcga@gmail.com Web: www.customs.gov.mn Phone: +976-11-350064 Fax: +976-11-350064
Legal base of the Procedure	Approval for Procedure for import of goods related to intellectual property rights across the customs border
Fee	N/A

Required Documents

No.

Type of information

Note

Application (please include all neceesary information reflected in Article 3.2 of Annex to the Joint Order)

Documents necessary for the registering in customs database

Official letter containing the following information;

The name of the goods (description, image) related to the intellectual property rights
Information on the right holder (if the applicant is a legal entity, his / her name, address, organizational form, if the citizen is the name, surname, first name, address, jurisdiction, permanent residence or activity of the applicant) country name, etc.)
If the intellectual property rights holder registers through an authorized representative, his / her Parent organization's name, surname, first name and address
Title, number, date of issue, summary and validity period of the document certifying the intellectual property rights
A list of goods to be registered and protected (product name, international classification of goods and services, or BTCS code

Process Steps

Step1	Applicant submit the application with the required documents.
Step2	The Customs General Administration processes the documents submitted.
Step3	The decision to register goods related to intellectual property rights in the customs registry shall be made by the head or the deputy head of the unit in charge of control and risk of the Central Customs Administration.

NOTE

1.The customs registry may be amended based on the information provided by the following persons;

The applicant has applied for a change in the information specified in the application and attached documents
The law enforcement and other state bodies have notified the Customs in writing that the term of protection of the intellectual property rights has expired, intellectual property rights have been revoked and/or the name of the right holder has been changed.

2.When making corrections to the customs registry, the relevant information shall be thoroughly checked and made within 3 working days by the decision of the head or the deputy head of the unit in charge of control and risk of the Central Customs Administration.

Detention of goods related to intellectual property rights by the customs

Required documents:

Type of documents	Source
Request written by holder of the intellectual property rights (please include all neceesary information reflected in Article 4.2 of Annex to the Joint Order)	Holder or his/her authorized representative
Proof of intellectual property holder	Holder or his/her authorized representative
Request submitted by officials	The Intellectual Property Office, other state organizations, as well as foreign customs and other authorized organizations
The Customs considers it appropriate to detain goods on its own initiative where there is a clear infringement of intellectual property rights	Customs

Process step*

Step1	Holder submits written request
Step2	Applicant provides cash deposit or bank guarantee equal to the total value of the detained goods and expenses related to it
Step3	Review documents
Step4	Make decision to detain goods
Step5	Inform decision to applicant
Step6	Detain goods
Step7	Write 2 copies of “Notice of detaining goods and means of transport” and send it to customs organization and applicant or consignee
Step8	Customs shall deduct payments from the cash deposit of the relevant person when detained goods are confirmed as violation of intellectual property by court decision

* Other actions of detaining goods and means of transport shall be carried out in accordance with “Procedure of detention and inspection of goods and means of transport” approved by Order No. 536 of Chairman of the Customs General Administration in 2008.