Official translation

Official translation Official translation government of the republic of lithuania resolution no. 1128 ON THE APPROVAL OF THE FIRM NAMES REGISTER REGULATIONS 7 October 1999 Vilnius Acting in compliance with Article 8 of the Law of the Republic of Lithuania on Firm Names and the Law of the Republic of Lithuania on Public Registers, the Government of the Republic of Lithuania hereby resolves:

1. To approve the regulations of the Firm Names Register (appended).
2. To appoint the State Patent Bureau of the Republic of Lithuania a leading Firm Names Register Keeping Agency.
3. The following legal acts shall be held to be invalid: 3.
4. Government of the Republic of Lithuania Resolution No. 449 of 31 October 1991 on the Registration of Firm Names; 3.
5. Government of the Republic of Lithuania Resolution No. 132 of 4 March 1993 on the Partial Amendment of Government of the Republic of Lithuania Resolution No. 449 of 31 October 1991; 3.
6. Government of the Republic of Lithuania Resolution No. 562 of 4 July 1994 on the Partial Amendment of Government of the Republic of Lithuania Resolution No. 449 of 31 October 1991; 3.
7. Government of the Republic of Lithuania Resolution No. 13 of 5 January 1995 on the Partial Amendment of Government of the Republic of Lithuania Resolution No. 449 of 31 October 1991 on the Registration of Firm Names.
8. The Resolution shall come into force on 1 January
9. Prime Minister Rolandas Paksas Minister of Public Administration Reforms and Local Authorities Sigitas Kaktys APPROVED BY Resolution No. 1128 of the Government of the Republic of Lithuania of 7 October 1999 REGULATIONS OF THE firm nameS REGISTER I. GENERAL PROVISIONS
10. These regulations shall establish the purpose and objects of the Public Register - the Firm Names Register of the Republic of Lithuania (hereinafter referred to as the Register), the Register keeping agencies, their rights and duties, storage, management, protection and use of the Register data, reorganisation and liquidation of the Register.
11. The Register shall be the principal public register.
12. The Register shall be set up in compliance with the Law of the Republic of Lithuania on Firm Names.
13. The purpose of the Register shall be to gather, store, process, systematise, protect, use and communicate data on firm names registered in the Republic of Lithuania, changes in the said firm names and other data related to the issuance of certificates of firm names, use of firm names and the protection thereof.
14. The object of the Register shall be firm names of the Republic of Lithuania (hereinafter referred to as firm names). A firm name shall identify the firm or a branch of the firm and allow to distinguish them from other firms or units of firms.
15. The Register shall be managed in compliance with the Law of the Republic of Lithuania on Public Registers, other legal acts and these Regulations.
16. The main definitions of these Regulations shall be used in the same way as in the Law of the Republic of Lithuania on Firm Names. II. REGISTER KEEPING AGENCY
17. The State Patent Bureau of the Republic of Lithuania shall be the leading Register Keeping Agency as well as a Register Keeping Agency (hereinafter referred to as a Register Agency).The leading Register Keeping Agency may be changed only by the Register founder.
18. The Register Agency shall: 9.
19. co-ordinate Register keeping and direct it methodologically; 9.
20. receive data specified in these Regulations, check them, seeking to ensure that the Register kept would not contain false, unnecessary or non-exhaustive data, that the registration data would correspond to the actual data; 9.
21. register and manage documentation; 9.
22. record a fact of the acceptance of the data, enter the data into the Register database, update them and announce them in an official bulletin of the Register Agency (hereinafter referred to as the official bulletin); 9.
23. manage the archives of submitted documents and data; 9.
24. organise technical maintenance servicing of the database managed by it; 9.
25. ensure the functioning of the database; 9.
26. furnish data from the database to users in accordance with the procedure established by these Regulations; 9.
27. ensure the protection of the managed database and the data and document archives; 9.
28. organise the works of updating of hardware and software.
29. The Register Agency shall have the right to: 10.
30. store, process and, in the manner prescribed by these Regulations, communicate the data on firm names; 10.
31. request that data suppliers rectify noticed mistakes; 10.
32. organise the translation of documents into a foreign language.
33. The Register Agency shall be responsible for: 11.
34. correspondence of Register data to the presented documents; 11.
35. protection of the documents submitted by data suppliers; 11.
36. protection of the data contained in the administered database; 11.
37. protection of documents and data archives; 11.
38. functionality of the administered database.
39. Persons who participate in the data administration must keep the data secret for a time period set by laws and other legal acts. III. REGISTRATION DATA
40. Applicants, their representatives, firm register keeping agencies shall be Register data suppliers.
41. A number of registration which is assigned by the Register Agency when registering a firm name shall be an identification code of such name, consisting of six symbols and considered to be a certificate number of a firm name in the Register. Such number shall not have internal structure.
42. Register data shall be stored in the single central database.
43. The following firm names registration data shall be stored in the database: 16.
44. general registration information: 16.1.
45. the registration number (identification code); 16.1.
46. the application number, filling date of the application; 16.1.
47. the date of registration of the firm name; 16.1.
48. the date of issuance of the firm name certificate; 16.1.
49. the firm name; 16.1.
50. the firm’s seat address; 16.
51. additional registration data: 16.2.
52. the change of the firm’s seat address, the date of change; 16.2.
53. the change of the type of firm’s activities, the date of change; 16.2.
54. the change of a part of the firm name, the date of change; 16.2.
55. the date and grounds for the removal of the firm name from the Firm Names Register. IV. REGISTRATION OF FIRM NAMES
56. The filing of an application, the expert examination of a firm name, its registration, announcing of the registration, the issuance of a certificate, changes of entries in the Register and the certificate shall be regulated by the Law of the Republic of Lithuania on Firm Names and the Rules approved by the Register Agency.
57. Suppliers of data shall present to the Register Agency the data on a firm name which they wish to register in an application of the prescribed form which shall consist of a request for registration of a firm name, the document confirming the payment of state fees and charges, the applicant’s authorisation to the person (if the application is filed by the authorised person), consent to permit the use in the firm name of a part of the firm name belonging to another firm of the Republic of Lithuania or foreign firm, a notarised copy of the firm’s registration certificate or the document corresponding thereto, which is legalised in the prescribed manner and the translation of the said document, attested in the prescribed manner (if the applicant is a foreign firm), consent of the person or the author, or his successor in title (if the firm name contains the surname or pseudonym of another person, or the title of a literary, scientific or artistic work of another person), consent of the competent authorities of the states, international organisations (if the firm name contains the names of those states, international organisations or their abbreviations), permit issued in the manner prescribed by the Government of the Republic of Lithuania to use the official or traditional (abbreviated) name of the Republic of Lithuania in a firm name (if such name is used in the firm name).
58. Upon the receipt of the established documents of the application, the Register Agency shall assign a number of the application and register the filing date of the application.
59. Upon the establishment that the application meets the requirements of the Law and in the absence of the circumstances, specified by the Law, due to which a firm name may not be registered, the Register Agency shall, by entering it in the database, issue to the applicant a firm name certificate and announce the firm name data in the official bulletin. The firm name shall be registered within the time limit set by Article 13 of the Law of the Republic of Lithuania on Firm Names.
60. The firm name shall be granted temporary legal protection starting from the day of the registration of the firm name until the registration of the firm or the data on the changed firm name, but not longer than for the period of 12 months of the day of the registration of the firm name.
61. The Register Agency shall remove a firm name from the Firm Names Register upon the receipt of one of the following documents: 22.
62. the effective court decision on the declaration of the firm name invalid; 22.
63. the notification of the Firm Names Register Keeping Agency concerning the removal of the firm name from the Firm Names Register; 22.
64. a certificate of the Register Keeping Agency, which is submitted by the interested person, testifying that the firm or information on the changed firm name have not been registered in the registers of firms within 12 months of the registration of the firm name. The data on the firm names removed from the Firm Names Register shall be kept in the central database at least one year from the day of such removal, and then they shall be transferred to the database archives.
65. Suppliers of data shall appeal to the Register Agency if: 23.
66. a firm name is being registered; 23.
67. the court declares the registration invalid; 23.
68. earlier submitted data undergo change; 23.
69. the Register Agency requests the supplement or amendment of the data; 23.
70. agencies keeping the registers of firms remove the firm from the registers.
71. Data shall be entered into the Register on the basis of the decisions of the Register Agency, court (if the court declares the registration invalid) and agencies keeping the registers of firms. The supplier of the Register data must guarantee that the data submitted for registration correspond to the actual data.
72. Upon the establishment of incorrect data in the documents submitted for the registration, the Register Agency shall without delay inform the supplier of the Register data about this fact and demand that the latter rectify the mistake immediately. When the mistake is rectified, the Register Agency shall inform all the users of the Register data about this.
73. If the data entered into the Register database do not correspond to the actual data through the fault of the Register Keeping Agency, the latter shall immediately rectify the mistake and inform about this fact all the users of the Register data to whom the incorrect data have been transferred.
74. The supplier of the Register data shall, upon having examined the data and documents provided by him, which are kept in the Register and Register archives, have the right to require in writing that incorrect data be rectified or insufficient data be supplemented. Upon having received such requirement and establishing that it is motivated, the Register Agency must within 10 working days fulfil the requirement and inform in writing the supplier of the Register data about this fact.
75. Supplements and amendments of the supplier of the Register data shall, upon his request, be entered in the Register only after he submits the document confirming the payment of state fees and charges.
76. Upon the change of the earlier submitted data, the entry in the Register shall be transferred to the database archives for permanent storage , and the changes shall be recorded in the central database.
77. Entries of the changes of the registration and registration data shall be announced in the official bulletin. V. Links with other RegisterS
78. The data of data suppliers of the Republic of Lithuania, specified in subparagraphs 16.1.
79. - 16.1.
80. shall be submitted to the agencies keeping the registers of firms, and the data specified in subparagraph 16.2.
81. shall be obtained from the agencies keeping the registers of firms.
82. State registers shall exchange data in accordance with the procedure established by the laws and other legal acts of the Republic of Lithuania. VI. USE OF REGISTER DATA
83. Register data shall be communicated to: 33.
84. State government and administration institutions; 33.
85. suppliers of data and the persons whose data is the object of the Register; 33.
86. the persons who have submitted requests which do not contradict these Regulations.
87. Register data shall be free of charge communicated to State government and administration institutions and suppliers of data, as well as the persons whose data is the object of the Register.
88. The Register Agency shall issue a copy of any entry in the Register upon submitting the document confirming that the fixed state fees and charges have been paid.
89. Personal data shall be communicated in compliance with the Law of the Republic of Lithuania on the Legal Protection of Personal data.
90. Each supplier of the Register data shall have the right to get access to the data and documents submitted by him. VII. TRANSMISSION OF REGISTER DATA TO FOREIGN STATES
91. Register data may be transmitted to foreign states only in the cases provided for by the laws and other legal acts of the Republic of Lithuania, as well as treaties of the Republic of Lithuania with foreign states and international organisations. VIII. REGISTER DATA PROTECTION
92. The Register Agency shall ensure the protection of the Register information data from internal and external influence and guarantee the protection of the Register from illegal destruction, changing and use of the data.
93. Data protection measures shall ensure: 40.
94. limited access of suppliers and users of the data to the premises of the Register Agency; 40.
95. a hierarchic system of access to the data by users; 40.
96. the installation of operating systems and the storage of database backups; 40.
97. technology of data management and processing; 40.
98. rules for the data exchange with other information systems; 40.
99. renewal of the functioning of the system in the event of an emergency.
100. Data protection software must ensure: 41.
101. unique identification of each user of the data; 41.
102. the system of passwords; 41.
103. the recording and control of the handling of data by users; 41.
104. the inviolability of data by system and application programmes.
105. Data protection hardware must prevent a leak and distortion of information at computer workstations and communication lines.
106. The employees of the Register Agency who violate the requirements of these Regulations and the laws and other legal acts of the Republic of Lithuania shall be held liable under the laws of the Republic of Lithuania.
107. Personal data shall be managed in compliance with the Law of the Republic of Lithuania on the Legal Protection of Personal Data. IX. FINANCING OF THE REGISTER
108. The Register shall be financed from the appropriations allowed for the Register Agency in the State Budget of the Republic of Lithuania. X. REORGANISATION AND LIQUIDATION OF THE REGISTER
109. The Register shall be reorganised and liquidated in accordance with the procedure established by the law of the Republic of Lithuania and by the Government of the Republic of Lithuania.
110. The data of the Register under reorganisation or liquidation shall be transferred to another register or submitted to the archives in accordance with the procedure established by the law of the Republic of Lithuania.