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Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 23, no. 15; 2001; 2002; 2003, no. 24, 15; 2004, nr. 6, 10, 14, 20; 2005, nr. 7, 14; 2006, no 1., 13., no. 20; Latvian journal, 2006, nr. 180.) the following amendments: 1. Replace article 25, first paragraph, point 3, the words "and trademark protection" with the words "the administration of trade marks and geographical indications protection".
2. in article 34, first paragraph: replace the words "in paragraph 5 of the annex to the application" with the words "the security application or provisional remedies of application" and the words "but on the requirements of the application security matters" — with the words "but on security requirements, or temporary protection in cases of applications";
Replace paragraph 6, the words "before the initiation of" with the words "prior to a claim being brought".
3. Replace article 98, second paragraph, the words "and to the prosecution in the Court, and the hearing" with the words "at any stage of the proceedings, as well as prior to a claim being brought to court."
4. Make 100 article as follows: "article 100. Decide the order in which the application of the provision of evidence before bringing (1) application for the provision of evidence, the Court or judge shall decide within 10 days from the date of arrival.
(2) If an application to secure evidence to decide on court hearing appeals and possible use of applicant members. This person is not an obstacle in the absence of the application submitted for review.
(3) the decision of the judge of the evidence without the possible things you can invite members to provide only emergency cases, including emergency copyright and related rights, database protection (sui generis), the administration of trade marks and geographical indications, patents, designs, plant variety rights, topographies of semiconductor products (hereinafter referred to as intellectual property rights) infringement or potential infringement cases or cases can not be determined who will be parties.
(4) If a decision on the securing of evidence accepted without possible defendant or other participants in the presence, he announces this decision not later than execution of that decision at the time.
(5) the examination of witnesses, as well as on-the-spot inspection and inspection shall be carried out in accordance with the relevant provisions of this law.
(6) in satisfying an application to secure evidence prior to a claim being brought, the judge shall determine the term for submission of the application, no longer than 30 days.
(7) satisfying an application to secure evidence prior to a claim being brought, the judge may require the potential plaintiff, paid a certain sum of money into the bailiff's deposit account or providing equivalent guarantees, ensures their relief that the defendant might occur due to the securing of evidence.
(8) the minutes of the hearing and the material collected by providing evidence, kept until it requires the court hearing the case.
(9) On the judge's decision to refuse to accept the application to secure evidence or referred to in the third subparagraph of decision an ancillary complaint may be submitted. If the decision on the securing of evidence passed without the presence of the parties, the deadline for submission of an ancillary complaint from the issuance of the decision or of the date of dispatch. "
5. Add to Chapter 16 to 103.1 and article 103.2 of the following: ' article 103.1. Provision of evidence if the decision on the termination of the provision of evidence taken before the court proceedings and the period of the claim is not brought in may by a judge after the applicant or respondent the application shall decide on the revocation of the provision of evidence. 
Article 103.2. With the provision of evidence of damages caused to the defendant shall be entitled to seek damages, which he has incurred in connection with the provision of evidence, if evidence is repealed this law, within the article 103.1 case proceedings brought against him is rejected, no action or proceedings terminated this law, article 223 and in paragraph 4 the cases. "
6. Express 141. the first paragraph by the following: "(1) Of this law, article 140 of the second, third and fifth in the part of the decision and the decision rejecting the application for a claim to the provision of an ancillary complaint may be submitted."
7. Supplement article 206, the first paragraph after the words "resources" with the words "the rights of the child".
8. To supplement the law with the following section 30.2:30.2 Division. " Cases of infringements of intellectual property rights and protection to 250.8 article. The procedure for examining cases of infringements of intellectual property rights and protection to the requirements of the court order by the general rule, subject to the exceptions provided for in this chapter. 
250.9 article. People who can apply for infringements of intellectual property rights and the protection of the application on the infringement of intellectual property rights and protection may be submitted to the legal person. 
250.10 article. Determination of the basis of temporary protection and features (1) If there is reason to believe that the intellectual property rights of the holder of the right is infringed or may be infringed, the Court reasoned the application of the plaintiff, may adopt a decision laying down an interim safeguard measure. The application for provisional safeguard measure be given temporary protection.
(2) to examine the question of an interim safeguard measure is admissible at any stage of the proceedings, as well as prior to a claim being brought to court.
(3) temporary protection are: 1) the seizure of the immovable to which intellectual property rights are allegedly being infringed;
2) obligation to recall goods that may infringe intellectual property rights;
3) the prohibition to perform specific actions for both the defendant and persons whose services are being used to infringe intellectual property rights or the person who makes it possible for this offence. 
250.11 article. Temporary safeguard measure prior to a claim being brought (1) within three months from the date of the potential plaintiff learned of the infringement or alleged infringement, he may ask to be laid down interim safeguard measure prior to a claim being brought to court.
(2) upon application for a temporary safeguard measure prior to a claim being brought, the applicant shall provide evidence proving his intellectual property rights that are violated, and evidence that they are infringed or may be infringed.
(3) the application for the interim safeguard measure shall be submitted to it before bringing a court case.
(4) allowing the application for the interim safeguard measure prior to a claim being brought, the judge determines the applicant a time limit for the submission of the application to the Court, not exceeding 30 days. 
250.12 article. The question of interim safeguard measure (1) an application for a provisional safeguard measure, the Court or a judge within 10 days of receipt of the application or of the proceedings, if the application is filed at the same time with the requirements.
(2) where a delay may cause irreversible harm to the subject of intellectual property rights, the application for the interim safeguard measure, the Court or judge shall decide not later than the day after receipt of the application, without prior notification to the defendant and other participants in the. If a decision laying down an interim safeguard measure taken without the defendant or other participants, the presence of the defendant and other participants in the notify this decision not later than execution of that decision at the time.
(3) allowing the application for the interim safeguard measure prior to a claim being brought, the Court or the judge may ask the applicant to provide a damage that might occur to the defendant or other persons referred to in this law, the third subparagraph of article 250.10 paragraph 3 in connection with the interim measure of protection, to deposit a certain amount of money into the bailiff's deposit account or providing equivalent guarantees.
(4) the application of the plaintiff, the Court may replace certain temporary protection by other means.
(5) temporary remedies may cancel the same court by the parties.
(6) in rejecting a claim, the Court of Justice annulled the temporary remedy. The interim safeguard measure shall be in force until the day the judgment comes into lawful effect.
(7) If no action or proceedings are terminated, the Court's decision, the interim safeguard measure shall be repealed. The interim safeguard measure shall be in force until the day the judgment comes into lawful effect.
(8) If a decision laying down an interim safeguard measure taken before proceedings within the time limit fixed by the Court and the claim is not brought in may by a judge after the applicant or other potential party or the respondent's receipt of the decision on abolition of temporary protection.

(9) in the first, fourth and fifth paragraphs of these applications decide the hearing notice to the parties. This person is not an obstacle to the application of absence for treatment. 
250.13. An interim safeguard measure appeals against the decision taken (1) Of this law, article 250.12 second, third and fourth paragraph of those decisions and the decision rejecting the application for the interim safeguard measure, an ancillary complaint may be submitted.
(2) If a decision laying down an interim safeguard measure passed without the presence of the parties, the deadline for submission of an ancillary complaint from the issuance of the decision or of the date of dispatch. 
250.14 article. The decision on the interim safeguard measure execution (1) a decision laying down an interim safeguard measure (the first part of the article 250.12) enforceable within 30 days after its adoption. Next complaint about this decision shall not suspend the execution.
(2) a decision laying down an interim safeguard measure taken by this law article 250.12, second paragraph, first sentence, of the conditions referred to in the executable, after the applicant has lodged a court or judge of a specified amount into the bailiff's deposit account or provide an equivalent guarantee. Executive document is issued by the Court in certain amount of contributions or equivalent guarantees.
(3) a decision laying down an interim safeguard measure, attaching movable property which may be in violation of intellectual property rights, the enforcement of this Act, Chapter 71.
(4) a decision laying down an interim safeguard measure, the exclusion to take certain action or obligation to recall goods that may infringe intellectual property rights, enforced by a bailiff, and notifies the decision of the Court the defendant or third party concerned against a receipt or by registered post.
(5) suitable for temporary protection waiver enforceable by an order of the court bailiff who executed a decision laying down an interim safeguard measure.
(6) a decision laying down an interim safeguard substitution is enforced by a bailiff, the first application of the substitute interim safeguard measure and then removing replaced interim safeguard measure. 
250.15 article. With the temporary remedy of damages caused by the defendant is entitled to seek damages, which he has incurred in connection with the interim measure of protection if the interim safeguard measure shall be repealed this law, in article 250.12 eighth case set against him brought the claim is rejected, no action or proceedings terminated this law, article 223 and 4 cases in point. 
250.16 article. Right to information (1) in cases of infringements of intellectual property rights of the plaintiff, the Court reasoned request, subject to the right of the parties to the trade secret protection, may require information about the origin of the goods or services and their distribution to provide the defendant or person: 1) with the goods of the infringement (embodying infringing copies) on a commercial scale;
2) which is provided on a commercial scale services used in or in connection with the unlawful object of intellectual property;
3) for which this part 1 and in paragraph 2, the following people have provided information that it involved the violation of trademarks (embodying infringing copies) production, distribution or offering or provision of services offering, or associated with the object of intellectual property infringements.
(2) the first paragraph of this article shall indicate the information in the particulars of the relevant manufacturers, distributors, suppliers, wholesalers and retailers or the applicable service provider and distributor of [natural person: name, surname, identity code (if known) and the resident legal person – name, location (legal address) and registration number (if known)], produced, distributed, received or ordered goods or services provided or ordered quantity as well as the price paid for them.
(3) If there is a manifest infringement of the intellectual property the fact evidence and intellectual property right-holder is asked to apply this statutory provision of evidence, the requirements or temporary safeguard measure, the subject of intellectual property rights is entitled to ask that this article is referred to in the first and second subparagraphs, the information also be provided prior to a claim being brought to court in the statutory provision of evidence procedure. 
250.17 article. Judgment of the Court of Justice for infringement of intellectual property rights and protection cases (1) if the fact of the infringement is proved, the Court of Justice may prescribe one or more of the following measures: 1) stop and prohibit the unlawful object of intellectual property rights;
2) stop and prohibit measures that together on the preparation of the intellectual property rights of the unlawful use of the object;
3) stop and prohibit the provision of services, which are used in unlawful activity on intellectual property objects, persons: (a)) which service is used to violate the intellectual property rights of the holder, (b)) which makes it possible for such breach;
4) pay the law in connection with intellectual property rights, the use of illegal damage and moral damage.
(2) the court application by the claimant regardless of the plaintiff damages and damages may set one or more of the following measures to be taken for the offending features: 1) withdraw or entirely removed from the infringement of trade goods (kontrafakto copies);
2) to destroy the goods of the infringement (kontrafakto copies);
3) withdraw or entirely removed from the trade, or destroy equipment and materials used in or intended for the trade infringement (embodying infringing copies), if their owner knew, or the circumstances of the case he had to know that these devices and materials used or intended to be used in unlawful activities;
4) disclosed in full or in part the judgment of the Court in newspapers and other media. "
9. Turn off 561. paragraph 4.
10. Express 562. Article 7 of the first paragraph of paragraph by the following: ' 7) this law 561. paragraph 1 of article in the case until the fallen conditions referred to in this paragraph; ".
11. Express reference to the law of the informative European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 29 June 2000, Directive 2000/35/EC on combating late payment in commercial transactions;
2) of the European Parliament and of the Council of 29 April 2004, Directive 2004/48/EC on the enforcement of intellectual property rights. "
The law shall enter into force on 1 March 2007.
The Parliament adopted the law on 14 December 2006.
State v. President Vaira Vīķe-Freiberga in Riga, December 29, 2006, in the Editorial Note: the law shall enter into force on March 1, 2007.