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LAW ON THE PROTECTION OF INTELLECTUAL PROPERTY

Obsah (4)Article 14Article 6Article 13Article 15

LAW ON THE PROTECTION OF INTELLECTUAL PROPERTY Official translation REPUBLIC OF LITHUANIA LAW ON THE PROTECTION OF INTELLECTUAL PROPERTY IN THE FIELD OF IMPORT AND EXPORT OF GOODS 21 December 2000 No.

Article 14

is discontinued owing to an act or omission by the applicant or where it appears evident that action by the customs authorities has been taken with respect to goods which are subsequently found not to be goods infringing an intellectual property right; 2) to ensure payment of the costs incurred in accordance with Article 14 of this Law in delivering the goods detained by the customs authorities to the place under customs control and in keeping the goods in question under customs control.

  1. The procedure of assessment of the amount of security referred to the paragraph 1 of this Article shall be established by the Government or the institution authorised by it.
  2. The provision of security referred to in paragraph 1 of this Article may be considered not mandatory if: 1) the applicant undertakes in writing to pay the amount requested by the customs authorities after he has received its first written request for the covering of liability referred to in paragraph 1 hereof or for the payment of the costs, and 2) the value of the goods with respect to which action is taken by the customs authorities does not exceed the amount fixed by the Government or the institution authorised by it. Article
  3. Information on the Changes of the Holders of Intellectual Property Rights or Expiry of the Validity of the Rights The applicant who lodges the application referred to in Article 6 of this Law with the Customs Department shall immediately and within 3 working days notify the Department of the changes of the holders of intellectual property rights for the protection whereof the above application has been lodged or of the expiry of the validity of said rights. Article
  4. Notification of the Holder of Intellectual Property Rights or his Representative of Suspected Infringement of his Rights (Detention of Goods on the Initiative of the Customs Authorities)
  5. Where, in the course of checks made during the bringing of goods into the customs territory of the Republic of Lithuania (including cases of carriage of goods in transit), placement of goods under different export and import procedures, also entry of goods into a free zone or free warehouse it appears evident to the customs authorities that goods are infringing intellectual property rights, whereas the application referred to in Article 6 of this Law has not yet been lodged or the Customs Department has not yet made a decision to grant the application, the holder of intellectual property rights or his representative, if known, shall be promptly informed, according to the procedure laid down by the Government of the Republic of Lithuania or the institution authorised by it, of the possible infringement of his rights to enable the person to lodge, within 3 working days from his notification, an application for action by the customs authorities for the protection of his rights with the Customs Department.
  6. In the case referred to in paragraph 1 of this Article goods shall be detained for a period of up to 3 working days from the date of notification of the holder of intellectual property rights or his representative. Within the said 3-day period the person may lodge an application with the Customs Department,

Article 6

of this Law, for action by the customs authorities for the protection of his rights. In this case the time limit specified in Article 16 of this Law shall run from the date of receipt by the Customs Department of the application by the holder of intellectual property rights or his representative. The declarant and the law enforcement institution empowered under law to protect intellectual property rights shall also be notified of detention of the goods. Article

  1. Notification of Customs Offices of the Taken Decision Having taken a decision to grant the applicant’s application for action by the customs authorities to protect his rights, the Customs Department shall promptly notify all customs offices to which the goods referred to in the application, known or suspected of being infringing goods, may be presented. Action by the customs authorities referred to in Article 14 of this Law shall be taken from the date of notification of customs offices of the decision taken by the Customs Department. CHAPTER THREE ACTION BY CUSTOMS AUTHORITIES AND COURT DECISIONS Article
  2. Actions Taken by the Customs Authorities in the Implementation of Decisions of the Customs Department
  3. Where the customs office which has been notified,

Article 13

of this Law, of the decision taken by the Customs Department to grant the applicant’s application for action by the customs authorities to protect his rights, establishes that goods presented to it correspond to the description of the goods in respect whereof the decision has been taken, it shall detain such goods according to the procedure established by the Government or the institution authorised by it. The customs office which detained the goods shall be entitled to demand from the applicant verification in writing that he considers the goods as infringing his intellectual property rights in respect whereof he has lodged an application specified in Article 6 of this Law.

  1. The territorial customshouse to which the customs office which detained the goods is subordinate shall promptly notify thereof the Customs Department, the declarant or, in certain cases, the person who brought the goods into the customs territory of the Republic of Lithuania and the law enforcement institution authorised by the Government, which is responsible for the protection of intellectual property rights.
  2. The territorial customshouse referred to in paragraph 2 hereof shall notify the applicant, at his request, of the name (name and surname) and address of the declarant and, if known, of those of the consignee and shall also furnish information on the detained goods and their quantity. The territorial customshouse shall provide the above information in compliance with the laws and other legal acts regulating the protection of personal data, state, official and commercial secrets.
  3. Having regard to the conditions of customs control of the goods, the customs office which detained the goods shall afford the applicant and the persons having the right to dispose of the goods the opportunity to inspect the goods and take samples thereof. The customs office shall also have the right to take samples of the goods which have been detained. The goods shall be inspected and samples thereof shall be taken according to the procedure established by the Government or the institution authorised by it. Article
  4. Applying to the Court and Court Decision
  5. The holder of intellectual property rights or his representative shall have the right to apply to the court, according to the procedure established by law, with a statement of claim for the protection of intellectual property rights and shall support his claim by the information received from the customs authorities, referred to in Article 14

(3)of this Law.
  1. The holder of intellectual property rights or his representative shall promptly submit the document evidencing the application to the court, referred to in paragraph 1 of this Article, and the court order regarding the enforcement of remedies with the territorial customshouse to which the customs office which detained the goods is subordinate. Article
  2. Period of Detention of Goods and Measures to be Applied to the Goods in Question
  3. If, within a period of 10 working days after the applicant has been notified of the detention, the document evidencing the application to court by the holder of intellectual property rights or his representative has not been submitted,

Article 15

(2)of this Law, with the territorial customshouse to which the customs office which detained the goods is subordinate and if no request for extension of the time limit has been received from the holder of intellectual property rights or his representative, the formalities of placement of goods under a customs procedure or assigning the goods any other customs-approved treatment or use for which the detained goods have been presented to customs shall be carried out.
  1. If the holder of intellectual property rights or his representative has been unable for valid reasons to apply to the court within the period of detention of goods specified in paragraph 1 of this Article, the territorial customshouse to which the customs office which detained the goods is subordinate, having received a written request from the holder of intellectual property rights or his representative, may extend the time limit by a maximum of 10 working days.
  2. If the holder of intellectual property rights or his representative notifies, within the period specified in paragraphs 1 and 2 of this Article, the territorial customshouse to which the customs office which detained the goods is subordinate of his consent to the release of detained goods, the formalities of placement of goods under a customs procedure or assigning the goods any other customs-approved treatment or use for which the detained goods have been presented to customs may be carried out even before the expiry of the above-specified period.
  3. On suspicion that the detained goods are products or components thereof infringing the rights of the owner of a patent for invention or owner of registered industrial design or the successor in title of any of the above persons, the formalities of placement of goods under a customs procedure or assigning the goods any other customs-approved treatment or use for which the detained goods have been presented to customs may be carried out at the request of the owner, consignee or importer of the goods not only in cases referred to in paragraphs 1 and 3 of this Article, but also when the following conditions are met: 1) the territorial customshouse to which the customs office which detained the goods is subordinate has been submitted, within the period specified in paragraphs 1 and 2 of this Article, a document evidencing that the above-mentioned holder of intellectual property rights or his representative has applied to the court with a statement of claim; 2) the territorial customshouse to which the customs office which detained the goods is subordinate has not been submitted, within the time period specified in paragraphs 1 and 2 of this Article, the court order on the imposition of interim measures; 3) all the requirements laid down by legislation for the placement under a customs procedure or assigning any other customs-approved treatment or use have been fulfilled; 4) the owner, consignee or importer of the goods has provided a security to cover any liability for possible claims lodged by the above-mentioned holder of intellectual property rights or his representative.
  4. The amount of the security referred to in Article 4
(4)of this Law, which shall be assessed in the manner prescribed by the Government or the institution authorised by it, must be sufficient to cover the claims of the holder of intellectual property rights, which might be lodged against the customs authorities if not satisfied by other remedies open under law to the holder in protection of intellectual property rights.
  1. If the territorial customshouse to which the customs office which detained the goods is subordinate is submitted, within the time period specified in paragraphs 1 and 2 of this Article, a document evidencing the institution of legal proceedings by the holder of intellectual property rights or his representative, the period of detention of the goods shall be extended (except in the case specified in paragraph 4 of this Article) pending the issuing of the court order on the imposition of interim measures or the taking of a substantive decision. The procedure of storage of the detained goods pending the making of the court order on the imposition of interim measures or the taking of a substantive decision shall be established by Government or the institution authorised by it.
  2. The costs incurred by the customs authorities in delivering the goods to the place under customs control and in keeping the goods in question under customs control shall be covered by: 1) the holder of intellectual property rights if the court dismisses the claim entered by the holder; 2) the defendant, if the court satisfies the claim entered by the holder of intellectual property rights.
  3. The provisions of paragraphs 1, 3 and 4 of this Article shall not apply if goods detained by the customs authorities may not be released due to the application, in the manner prescribed by law, of administrative or criminal procedures to persons involved in the import, export or transit operations with the goods.
  4. The territorial customshouse to which the customs office which detained the goods is subordinate shall notify the applicant and the law enforcement institution authorised by the Government, which is responsible for the protection of intellectual property rights, of the placement of the goods under a customs procedure or any other customs-approved treatment or use in the cases specified in paragraphs 1, 3 and 4 of this Article.
  5. The provisions of paragraph 7 of this Article shall not apply if, in cases specified in Article 12 of this Law, goods have been detained on the initiative of the customs authorities and the holder of intellectual property rights or his representative fails to lodge with the Customs Department, within the fixed time period, an application for action by the customs authorities. CHAPTER FOUR MEASURES WITH RESPECT TO THE GOODS DETAINED BY THE CUSTOMS AUTHORITIES, RECOGNISED BY THE COURT AS INFRINGING AN INTELLECTUAL PROPERTY RIGHT Article
  6. Measures Applicable after the Court Recognises the Goods as Infringing an Intellectual Property Right or Dismisses the Claim
  7. The court, having recognised the goods detained by the customs authorities and seized by the court as infringing an intellectual property right and taking into consideration the requests of the holder of intellectual property rights or his representative (if filed), shall adopt a decision: 1) to dispose of the goods outside commercial channels (recycle or utilise the goods and apply other similar measures) in such a way as to preclude injury to the holder of intellectual property rights, without compensation of any sort and at no cost to the State; 2) to take, in respect of such goods, any other measures (at the request of the holder of intellectual property rights or his representative, transfer the goods to them or any persons indicated in their request and apply similar measures), which effectively deprive the persons concerned with unlawful delivery of detained goods of the economic benefits of the transaction. If the goods are transferred not to the holder of intellectual property rights or his representative, but to other persons indicated in their request, the court may obligate the persons to remove the trade marks, which have been affixed to the goods without authorisation; 3) to destroy the goods at the defendant’s expense.
  8. After the court decision dismissing the claim for the protection of intellectual property rights becomes effective, the formalities of placement of goods under a customs procedure or assigning the goods any other customs-approved treatment or use for which the detained goods have been presented to customs shall be carried out in accordance with the procedure laid down by the Customs Code and legal acts regulating the implementation thereof.. Article
  9. Provision of Additional Information to the Applicant In addition to the information given

Article 14

(3)of this Law, the territorial customshouse, to which the customs office which detained the goods is subordinate, shall provide the applicant, upon his written request, the information which has not been given earlier on the goods recognised by the court decision to be infringing an intellectual property right, the quantity of the goods in question, the names (names and surnames) and addresses of the consignor, of the importer or exporter and of the manufacturer of the goods as well as information on similar goods earlier imported by the same importer (received by the consignee) or exported by the exporter (dispatched by the consignor). CHAPTER FIVE FINAL PROVISIONS Article
  1. Liability
  2. Damage inflicted by unlawful actions of customs officers and employees as well as damage caused by the applicant’s acts or omission shall be compensated in accordance with the procedure established by the Civil Code and other laws.
  3. The acceptance or granting by the Customs Department of the application drawn up in accordance with Article 7 of this Law shall not entitle the applicant to compensation where goods infringing intellectual property rights are not detected or recognised in the course of customs control performed by customs officers according to the procedure prescribed by law and no action is taken to detain them in accordance with Article 14
(1)of this Law or the formalities relating to import or export procedure or other customs-approved treatment or use are carried out with respect to the goods.
  1. Actions by customs officers or employees in applying this Law may be appealed against in accordance with the procedure established by the Customs Code and other laws. Article
  2. Customs Co-operation with other State Institutions and International Co-operation
  3. In applying this Law, in order to disclose and prevent infringements of intellectual property rights in the field of import and export of goods, the customs authorities shall: 1) co-operate, exchange information and prepare joint actions with law enforcement and other state institutions with powers to protect intellectual property rights vested in them; 2) acting in accordance with international agreements of the Republic of Lithuania and on its own initiative, co-operate with customs administrations of other states and international organisations responsible for the protection of intellectual property rights.
  4. Where the customs authorities establish, based on the information provided by state institutions and/or international organisations, that there are grounds to believe that the goods presented to customs are infringing intellectual property rights, the provisions of Article 12 of this Law shall apply. Article
  5. International Agreements of the Republic of Lithuania If international agreements of the Republic of Lithuania contain provisions other than those established in this Law, the provisions of international agreements shall apply. Article
  6. Implementation of the Law The Government or the institution authorised by it shall by 1 March 2001 approve legal acts necessary for the implementation of this Law. Article
  7. Entry into Force This Law shall enter into force on 1 January
  8. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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