Customs Register of Intellectual Property in Uzbekistan: Counterfeits and Grey Imports

There are two ways to stop counterfeit goods at the Uzbek border: record the trademark in advance in the Customs Register of Intellectual Property Objects (customs recordation), or respond to a detention that, since 28 May 2024, customs may start on its own initiative, with no register entry and no application from the rights holder. The application for the register is filed electronically, the Customs Committee considers it for no more than 10 days, and the object is entered for up to three years (Chapter 56 of the Customs Code). The money is needed when a specific shipment is detained: a security deposit of 100 base calculation values (BRV) for each object, which is UZS 44,000,000 at the BRV of UZS 440,000 as of the publication date, October 2026. Once release has been suspended, you have 10 business days to file a lawsuit and give customs a court ruling accepting the case; the period is then extended by up to a further 10 business days, during which the court must order a seizure or another interim measure, otherwise the goods are released.

Key points

• Two mechanisms. The register works on the rights holder’s application (Articles 382-1 and 385–393 of the Customs Code). Measures on customs’ own initiative need no register entry (Article 382-2 of the Customs Code, since 28 May 2024).
• A register entry lasts up to three years. The decision is due no later than 10 days after the application is received, and the Code does not expressly provide for extending an entry.
• Security deposit: 100 BRV per object. Today that is UZS 44 million for each mark named in the application for measures. If the court finds no infringement, the rights holder compensates the declarant for the harm.
• The clock runs in business days. You have one business day to respond to a notice about a mark from the register, and three business days of initial suspension apply when customs acts on its own initiative. After that come 10 + 10 business days for the court ruling accepting the case and for the interim measure.
• Exclusions. IP protection measures do not apply to non-commercial parcels of individuals, transit, diplomatic cargo or humanitarian aid (Article 383 of the Customs Code).
• Compensation of 20–1,000 BRV (UZS 8.8–440 million) can be claimed instead of damages without proving their amount (Article 26 of the Law on Trademarks, since 12 December 2024).

Register or customs’ own initiative: what is the difference

The register gives customs advance information about the original, and the risk management system checks customs declarations against it. Measures on customs’ own initiative are a safety net for the case when an inspector notices a fake on their own.

How to record a trademark in the customs register

The application is filed by the rights holder or its representative in electronic form through the customs information system (Article 385 of the Customs Code as amended by Law ZRU-913). Filing through the Single Window and notices to the personal account have applied since 1 September 2022 under Presidential Resolution PP-221 of 26 April 2022. The Code still calls the authority the State Customs Committee; it is now the Customs Committee under the Ministry of Economy and Finance (Presidential Resolution PP-122 of 25 March 2025). To file electronically and reply within one business day, a foreign company will usually need a representative in Uzbekistan with access to the customs information system; check the access requirements on the filing date.

• Make sure the mark is protected in Uzbekistan itself and that protection will not end before the requested entry period does. If you have no mark here yet, start with trademark registration.
• Collect the information and documents listed in the table below, including copies of the documents of title certified by the rights holder.
• State the entry period, no more than three years from the date of entry in the register, and file the application. The Committee considers it for no more than 10 days, may request additional information from the authorized bodies, and notifies you of the entry or of a reasoned refusal (Article 386 of the Customs Code).

PP-221 prohibits customs from requiring the rights holder to give the place and date of movement of the goods, the transport, the packaging or the place of delivery: you do not need to know when an infringing shipment will arrive. The Committee must publish the register on its website (Article 387 of the Customs Code). An object is removed from the register at the rights holder’s request, for inaccurate information, when protection ends, after three years, or by a decision of the Appeals Council of the Ministry of Justice or a court, so confirm the re-filing procedure several months before the term expires.

What protection at the border costs

The main payment is linked not to the register but to the application for measures, that is, to the detention of a shipment. The application must be accompanied by a written undertaking to compensate the declarant for property damage and by proof of payment of 100 BRV for each IP object into the treasury account of the customs body (Article 388 of the Customs Code): two marks mean twice the amount. The Code sets no state duty for entry in the register, but the service page lists a payment confirmation among the documents, so check on the filing date whether a fee exists and how much it is.

There are two risks. If the court finds no infringement, the rights holder answers for the harm to the declarant (Article 390 of the Customs Code): downtime, a failed contract, costs. If release is suspended for up to 10 business days, 30% of the amount paid is transferred to the special fund of the Customs Committee (part 4 of Article 390). The initial suspension under Article 392 is no longer than 10 business days anyway, so on a literal reading 30% is withheld almost every time, and the Code does not explain how it is withheld or how the balance is returned. Budget for 30% (UZS 13.2 million per object), ask the customs body about the refund procedure before filing, and keep the deposit on the account in advance: you will have one business day to file the application for measures.

Detention of a shipment: what happens day by day

• The risk management system detects signs of infringement of an object from the register (Article 382-1 of the Customs Code).
• Within one business day customs notifies the rights holder, including through the personal account on the Single Window.
• Within one business day of the notice the rights holder files the application for measures with the undertaking and the security deposit. If there is no application, the goods are released.
• Within three business days the customs body decides to suspend release or gives a reasoned refusal (Article 389 of the Customs Code).
• Release is suspended for no more than 10 business days from the decision (Article 392 of the Customs Code). Under customs control, the rights holder and the declarant may take samples, inspect and photograph the goods (Article 391 of the Customs Code).
• Filing a lawsuit alone is not enough: if within these 10 business days the rights holder submits to customs a court ruling accepting the case for hearing, the period is extended at its request by no more than a further 10 business days.
• If within that period a court ruling on seizure, attachment or another interim measure is submitted, the goods are held under the court ruling. If not, the suspension decision is cancelled and release resumes (Article 393 of the Customs Code).

You have at most 20 business days for the expert examination, the lawsuit and the motion for an interim measure, so prepare the powers of attorney and a template claim, and select an expert, before the first detention.

Protection without the register: measures on customs’ own initiative

Since 28 May 2024, Article 382-2 of the Customs Code has allowed customs to suspend the release of goods showing signs of infringement of an IP right even if the object is not in the register and the rights holder has filed nothing. The decision is taken on the instruction of the head of the customs body, and the owner’s details are taken from the state trademark register of the Ministry of Justice, so in practice this concerns registered marks.

• 24 hours. Customs searches for the owner or its representative and notifies them within twenty-four hours. If it cannot find them, the suspension is cancelled.
• 3 business days. If the owner is found, release is suspended for three business days.
• Up to 10 business days from the date of the initial suspension, on the rights holder’s application. Within this period you must submit a court ruling accepting the case, an undertaking with the security deposit under Article 388 of the Customs Code, and the documents for entry in the register under Article 385.
• Up to 10 more business days if the court ruling has been submitted.

This provision does not replace the register. Within three business days a foreign company has to formalize a representative’s authority, and if the contacts in the Ministry of Justice register are outdated, the owner may never learn of the detention.

What customs will not stop

Under Article 383 of the Customs Code, IP protection measures do not apply to goods of individuals for non-commercial purposes (including in international postal and courier items), to transit, to cargo of diplomatic, consular and other official missions and international organizations, or to humanitarian aid and technical assistance.

Customs will not stop what is already on sale inside the country either, including through marketplaces. Other tools work here:

• Inspection by a justice authority. At the rights holder’s request, the Ministry of Justice or its regional department checks compliance with the rights to the mark (Article 37-1 of the Law on Trademarks). Under Law ZRU-1144 of 7 May 2026, an entrepreneur is inspected with notice to the Business Ombudsman rather than by agreement with the Ombudsman. A legal entity is fined 100–200 BRV, and if 70% of the fine is paid voluntarily within a month, the balance is not collected.
• Civil claim. Since 10 November 2025, goods bearing an unlawful mark, together with their packaging and labels, are seized and destroyed at the offender’s expense (part 2 of Article 1107 of the Civil Code as amended by Law ZRU-1080).
• Criminal liability for large-scale damage (Article 149-2 of the Criminal Code, from the same date, 10 November 2025): a fine of 50–100 BRV, correctional labour, restriction of liberty or imprisonment of up to two years. On a first offence the person is released from liability if they compensate the damage within 30 days of the discovery of the offence (Article 149-2 of the Criminal Code).

Grey imports: can an official dealer stop the import of an original

Counterfeit means a fake; grey, or parallel, import means bringing in the original outside official distribution. Article 26 of the Law on Trademarks lists unauthorized import of goods bearing a mark among infringements, but for an original the decisive rule is the exhaustion of rights. Under Article 26 of the Law (supplemented by Law ZRU-429 of 18 April 2017) and Article 1107-1 of the Civil Code, using a mark on goods lawfully put into civil circulation directly by the owner of the mark or with its consent does not infringe the right. The provision does not say whether the territory is Uzbekistan or any country.

An expert who represents foreign rights holders states in an interview with Anhor.uz (March 2026) that a national principle of exhaustion applies in Uzbekistan, citing letters of the Ministry of Justice and the antimonopoly authority that the editors hold but have not published. There is no official clarification in the public domain, so the question is contested, and the outcome depends on the evidence of the shipment’s origin and on the position of the court.

The Hyundai case, February 2026

According to a report of the Ministry of Justice press service, the Intellectual Property Center under the Ministry of Justice stopped an attempt by the company “V.I.” to import two Hyundai excavators without an agreement with the rights holder. The cargo was stopped at a customs post on the application of the official dealer GST Oil. With the help of the justice authorities, the parties concluded a pre-trial mediation agreement: V.I. undertook to pay the dealer compensation of 500 BRV (UZS 206 million at the BRV of UZS 412,000 in force at the time), to stop using the brand and importing the equipment, and to remove the words “official dealer” and “HD Hyundai Centre” from its online profiles.

The report does not show whether the equipment was original, in what capacity the dealer acted, or under which provision the cargo was stopped, so it cannot be treated as a grey-import case or a customs register case. What is telling is the combination of justice authorities, customs and mediation instead of a long trial.

What an official distributor should do

• The applicant is the rights holder. Dealer status does not give rights in the mark. The application is filed by the rights holder, or by you as its representative (Article 385 of the Customs Code), with authority that covers the register, detentions, the court and the justice authorities from the start.
• Evidence of the shipment’s origin. Serial numbers, warranty region, the supply chain, and the absence of the rights holder’s consent to this shipment. The list of manufacturers in the application will not distinguish a grey shipment: the original comes from the same factory.
• Justice authorities and mediation. An approach to the Intellectual Property Center under the Ministry of Justice and mediation with the importer may be faster than a court.
• False “official dealer” claims. Record such wording in the importer’s advertising and profiles, with the date, as a separate episode: in the Hyundai case their removal was part of the agreement.
• List of authorized importers. The Code does not say whether the register application form accepts one; check with customs on the filing date.

Compensation of 20 to 1,000 BRV: when to claim it

Since 12 December 2024, the owner of a mark may, instead of damages, claim compensation of 20 to 1,000 BRV (Article 26 of the Law on Trademarks as amended by Law ZRU-959 of 10 September 2024). The compensation is payable regardless of whether losses were incurred, and its amount is set by agreement of the parties or by the court, taking into account the nature of the infringement and the infringer’s fault.

• Compensation is convenient when the shipment was detained before sale and lost profit cannot be proved, or when the infringer is ready for mediation.
• Damages are worth claiming if the documented loss is clearly above 1,000 BRV.
• Seizure and destruction of counterfeits at the infringer’s expense are claimed together with the money (part 2 of Article 1107 of the Civil Code).

What changed in 2024–2026

According to the Ministry of Justice, rights to IP objects were protected in 1,556 cases in 2024, and the Ministry of Justice and the Customs Committee signed a memorandum on cooperation (Spot.uz, February 2025). Chapter 56 of the Customs Code has not been amended since 2024 (lex.uz, October 2026), but the liability of infringers has grown.

Example: a distributor of filters for heavy equipment

This example is hypothetical. A Japanese filter manufacturer has registered a word mark and a combined mark in Uzbekistan, and its exclusive distributor in Tashkent sees filters of the same brand on the market a third cheaper. The manufacturer gives the distributor powers of attorney, both marks are entered in the register for three years, and the parties agree in advance who will pay the UZS 88 million security deposit for the two objects.

A few months later a notice arrives about a shipment of 600 filters, and on the same business day the lawyer files the application for measures. After the suspension, samples are taken, an expert records the differences from the original, and the lawyer files a claim for compensation and seizure. Within the first 10 business days the lawyer submits the ruling accepting the case to customs and asks to extend the suspension by another 10 business days. Within the extended period a ruling attaching the shipment must be obtained, otherwise it will be released; in parallel, the importer may agree to mediation.

Typical mistakes and checklist

• The mark is registered only abroad, so neither the register nor the measures under Article 382-2 work. Check the certificate and the classes.
• Nobody monitors the account, and the one business day for a reply passes unnoticed.
• The security funds are not reserved, and the detention runs into the deposit.
• Not all manufacturers of the original are listed: a lawful shipment is detained, and the rights holder compensates the declarant for the harm.
• The entry period has expired: after three years the object leaves the register, and no new application was filed.

How Pactum helps

• We check the protection of the mark in Uzbekistan and, if necessary, register it: trademark registration starts from UZS 6,000,000.
• We prepare and file the application for the customs register: HS codes, description of the original, manufacturers, powers of attorney.
• We handle every detention: the application for measures, sampling, the lawsuit and the motion for an interim measure, all within the deadlines.
• We run mediation with the infringer and claim compensation, and on the domestic market we turn to the justice authorities.
• For foreign companies, we tie brand protection to foreign trade and customs and to counterparty and importer checks. The cost of support is given after we review the task.

If counterfeits or grey supplies are already moving, start with a lawyer consultation: 60 minutes, UZS 300,000, credited toward the cost of the service. You can read more about brand protection on the page about trademarks and patents.

FAQ

Can an international registration under the Madrid System be recorded in the customs register?

Uzbekistan has been a party to the Madrid Protocol since 27 December 2006 (WIPO), but Chapter 56 of the Customs Code has no direct provision on Madrid registrations. The question is resolved on the documents on the filing date: you will need an extract confirming that the mark is protected in Uzbekistan itself.

Who pays for the storage of detained goods?

Chapter 56 of the Customs Code has no separate rule on storage. If the court finds no infringement, the rights holder compensates the declarant for the harm (Article 390 of the Customs Code). With a detention on customs’ own initiative, the rights holder also compensates the costs of the declarant and of customs for 10 business days if it did not comply with the requirements of Article 382-2. If the infringement is confirmed, the costs can be claimed from the infringer as damages (Article 26 of the Law on Trademarks, Article 1107 of the Civil Code); the court decides the outcome.

Does the customs register protect copyright and patents?

Chapter 56 speaks of IP objects in general, and Article 385 names patents and licence agreements among the documents of title, so an application can be filed for more than a mark. Measures on customs’ own initiative (Article 382-2) rely only on data on registered trademarks, and the practice on copyright should be checked on the filing date.

How much does it cost to record a mark in the customs register?

The Code sets no state duty for entry in the register, and whether a fee exists and how much it is should be checked on the filing date. The main money is the security deposit when a shipment is detained (see the cost table above). The work of Pactum lawyers is priced after we review the task, and trademark registration starts from UZS 6,000,000.

Can an exclusive distributor file the application itself?

Yes, if it acts as the rights holder’s representative and attaches a document of authority (Article 385 of the Customs Code). Its own status as an official dealer does not give it the right to file.

Sources

• Customs Code, Chapter 56, Russian text
• Law “On Trademarks, Service Marks and Appellations of Origin of Goods”, Russian text
• Civil Code, Part Two, Articles 1107 and 1107-1, Russian text
• Law ZRU-1080 of 8 August 2025, Russian text
• Presidential Resolution PP-221 of 26 April 2022, Russian text
• Presidential Resolution PP-122 of 25 March 2025, Russian text
• Presidential Decree UP-115 of 23 June 2026 (BRV from 1 September 2026), Russian text
• Presidential Decree UP-91 of 2 June 2025 (BRV of UZS 412,000 from 1 August 2025), Russian text
• Government service: entry in the customs register of IP objects
• WIPO: members of the Madrid Protocol
• Spot.uz, 4 February 2026: the Hyundai case, Russian text
• Spot.uz, 25 February 2025: Ministry of Justice statistics for 2024, Russian text
• Anhor.uz, March 2026: parallel imports, Russian text