The Order In Which To Customs Control Measures For Protection Of Intellectual Property Rights

Original Language Title: Kārtība, kādā veicami muitas kontroles pasākumi intelektuālā īpašuma tiesību aizsardzībai

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Read the untranslated law here: https://www.vestnesis.lv/op/2015/139.1

Cabinet of Ministers Regulations No. 396 in Riga, 14 July 2015 (pr. 34. § 7) procedure to the customs control measures for protection of intellectual property rights Issued under the Customs Act article 4, third paragraph 1. determines the order in which to customs control measures for the protection of intellectual property. 2. The European Parliament and of the Council of 12 June 2013 Regulation (EU) no 608/2013 on customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (hereinafter Regulation No 608/2013), the persons referred to in article 3 and the unit may be submitted in the State Revenue Service Regulation No 608/2013 article 9 request referred to in paragraph (hereinafter referred to as the request) to protect intellectual property rights. 3. The State revenue service confirms the request if it is filed under Regulation No 608/2013 article 5 2, 3, 4, and 6. the requirements laid down in paragraph 1. 4. The State revenue service rejected the submitted claim, if it does not comply with Regulation No 608/2013 article 5 2, 3, 4, and 6. the requirements laid down in paragraph 1 and is not accompanied by submitting any missing information pursuant to Regulation No 608/2013 article 7 requirements. 5. The State Revenue Service decides to approve or reject a request, pursuant to the provisions of Regulation No 608/2013 article 9 deadlines for notification of a decision to the applicant. The State revenue service information about existing requests published tīmekļvietn. 6. Goods release has been suspended or which have been detained in accordance with the Regulation (EU) no 608/13 paragraph 1 of article 17 or article 18, paragraph 1 of the State revenue service, subject to the possibilities of monitoring, goods can be put in charge of keeping the declarant, the holder or applicant, which received the State revenue service's decision on the request for approval (hereinafter referred to as the beneficiary of the decision), pending a decision on the way forward with these items. The goods shall be deposited in the drawing up and adoption of a transfer. One copy of the Act remains in the State revenue service, the second copy shall be issued by the librarian. 7. the decision of the requested Regulation No 608/2013 article 23, paragraph 1, "a" confirmation referred to in subparagraph indicates: 7.1 intellectual property rights that have been violated; 7.2. conditions and the signs that are in violation of intellectual property rights; 7.3. the appropriate value of the original goods. 8. the beneficiary of the decision that rule 7 the approval referred to in paragraph shall be accompanied by the following: 8.1 for the destruction of the consent in accordance with Regulation No 608/13 paragraph 1 of article 23 b. 8.2. If necessary, a request to the national revenue Act to protect the injured intellectual property rights. 9. Regulation No 608/2013 article 24, paragraph 2, "a" referred to in the provision of a guarantee certified by the State revenue service submitted by the declarant or holder of goods and requested the decision written agreement. 10. If the declarant or holder of goods the State revenue service has not submitted written objections to the destruction of the goods, it shall be deemed to have consented to the destruction of the goods in accordance with Regulation No 608/13 paragraph 1 of article 23 a "c" section or article 26, paragraph 6. 11. If the declarant or holder of goods the State revenue service has submitted written objections to the destruction of the State revenue service, on the basis of this provision, the approval referred to in paragraph 7 and the other evidence, as well as according to the Council of 12 October 1992 Regulation (EEC) No 2913/92 establishing the Community customs code, article 75 shall take a decision on the confiscation of the goods with which the violation of intellectual property rights or to act in accordance with the laws and regulations that govern the personal responsibility for infringements of intellectual property rights in the field of customs. 12. The State revenue service at least 20 working days before the intended destruction of goods shall notify the beneficiary of the decision on the Organization of the destruction for which adopted this rule in paragraph 11 of that decision, indicating the planned destruction of space and time, as well as the expected destruction costs. 13. the beneficiary of the decision within 10 working days after this Regulation referred to in paragraph 12 of the receipt of a notification in writing to the State revenue service, if you want to destroy the goods referred to in the notice. 14. The State revenue service passes to the beneficiary of the decision: disposal 14.1. goods suspected to be with them is in violation of intellectual property rights when all the Regulation No 608/2013 article 23 conditions referred to in paragraph 1; 14.2. the goods in respect of which such rules adopted decision referred to in paragraph 11, if the beneficiary of the decision in accordance with paragraph 13 of these rules is that the same written notice yet to destroy the goods referred to in the notice. 15. the beneficiary is obliged to accept this provision in paragraph 14 that the destruction of the goods within 10 working days of the receipt of the State revenue service's decision on the transfer of goods for destruction in accordance with Regulation No 608/2013 article 23 conditions of paragraph 1 or by the State revenue service informing that the beneficiary of the decision he wants to destroy the goods according to the provisions of paragraph 13. If necessary, the recipient can agree with the State revenue service for extension. 16. the decision of the requested goods, which then transferred for disposal in accordance with the provisions of paragraph 14, destroy, at its own expense, the State revenue service presence and draw up the Act of destruction. The Act specifies the destroyed item quantities and disposal. 17. The State revenue service, destroying goods, shall draw up the instrument of destruction. The Act specifies the destroyed item quantities and disposal. The State revenue service destroyed goods: 17.1. which adopted this rule in paragraph 11 of that decision, if the decision is not receiving written notice in accordance with paragraph 13 of these rules that he wants to destroy the goods in question; 17.2. the beneficiary of the decision paragraph 15 of these rules by the deadline set in not accepted for disposal and not in coordination with the State revenue service for another of their adoption; 17.3. which is suitable for small consignments sent for destruction procedure under Regulation No 608/2013 article 26 1, 3, 4, 5, and 6. the conditions referred to in points. 18. in accordance with Regulation No 608/13 article 29, paragraph 1, the beneficiary of the decision within 30 days after the receipt of the State revenue service expenditure from the destruction, the goods shall be borne by the storage and destruction costs, with which the violation of intellectual property rights. 19. Be declared unenforceable in the Cabinet's February 8, 2011 rules no. 112 "procedures for customs control measures taken in the protection of intellectual property rights" (Latvian journal, 2011, No 23). The Prime Minister is the Minister of Finance of Rashness Newsletters site – Interior Minister Richard Kozlovsk a