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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/118434

Cabinet of Ministers Regulations No. 749 in Riga in 2005 (October 4. No 56 4) procedures for customs control measures taken in the protection of intellectual property rights Issued under the Customs Act article 4, third paragraph i. General questions 1. determines the order in which to customs control measures for protection of intellectual property rights. 2. The State revenue service's main customs administration shall adopt and review the subject of intellectual property rights (hereinafter referred to as the holder of the right) requests to customs authorities to take measures for the protection of intellectual property rights. II. action by the Customs authorities, on their own initiative 3. If the State revenue service territorial customs authority in customs control measures, finds the goods that would be violation of intellectual property rights, but the right-holder does not submit the State revenue service's main customs administration or the request of the State revenue service's main customs administration the request has not yet been upheld by the State revenue service territorial customs body shall inform the State revenue service's main customs administration. 4. The State revenue service's main customs administration find out (if possible) this provision of the goods referred to in paragraph 3 of the intellectual property right-holder and shall immediately notify the contact information (name, address, telephone numbers) of the State revenue service territorial customs authority. 5. after receipt of the entity contact information of the State revenue service territorial customs body shall inform the right-holder of the possible infringement of intellectual property rights. 6. the State revenue service territorial customs authority will end the rule referred to in paragraph 3, the release of the goods or detain them for taking a decision on the suspension of release or detention (annex 1). 7. If the State revenue service's main customs administration finds that this provision of the goods referred to in paragraph 3 the holder of the right is not known, it shall immediately notify the State revenue service territorial customs authority. State revenue service territorial customs body shall not apply restrictions on the goods that would be violation of intellectual property rights, if complied with the other customs formalities. 8. If, within three working days of the State revenue service territorial customs authority has received information that the holder of the right has been submitted to the State revenue service's main customs administration the request, it limits the goods don't, that would be a violation of intellectual property rights. III. taking specimens of goods 9. If necessary, at the written request of the legal entity of the State revenue service territorial customs authority remaining in a release or held them, you can remove the samples of the goods in such quantities that it takes the right holder for technical analysis. Product removal and transfer of samples or send the entity of the State revenue service territorial customs body shall document, drawn up by the customs inspection. 10. After a technical analysis, the holder of the withdrawn product samples as in the unaltered state shall transfer these rules referred to in paragraph 9 of the State revenue service territorial customs authority. If the removed samples of goods technical analysis course is changed or damaged, the holder of the right, together with the technical analysis shall be submitted to the State revenue service territorial customs body explanation of samples of goods for damage or change. IV. statement by the holder of the right of the proceedings 11. If there is a delayed release of goods or they are detained, the right-holder shall submit to the State revenue service territorial customs authority the remaining release or held them, written notice of the initiation of the procedure to determine whether an intellectual property right has been infringed. In addition to the notice to submit documents (copies) of the procedure (for example, an application, a court decision). Submit a copy of the presentation of the original documents or certified copies thereof shall be submitted. 12. If this provision in paragraph 11 of the Declaration is not received, the goods that would be violation of intellectual property rights, may be skipped or their detention may be terminated after all customs formalities are fulfilled, unless the State revenue service territorial customs authority remaining in a release or held them, not initiating the procedure to determine whether an intellectual property right has been infringed. V. storage of Goods 13. State revenue service territorial customs authority that has taken the decision on the suspension of release or detention of the goods shall pass the responsible storage of the declarant, the holder or the owner or other responsible person. The storage of the goods. 14. Storage costs shall be borne by the holder of the right. Vi. Destruction of goods 15. State revenue service territorial customs authorities confiscated goods that infringe intellectual property rights, shall be forwarded to the destruction of the State revenue service territorial authorities. 16. If the State revenue service territorial customs authority remaining in a release or held them, receives a written product of the entity and the declarant, the holder of the goods or the consent of the owner of the goods to destroy the goods in question, the State revenue service territorial customs body may destroy the goods, without determining whether an intellectual property right has been infringed. 17. The State revenue service territorial customs body goods that would be violation of intellectual property rights, the rules set out in paragraph 16 of the case destroyed, with the participation of the entity and, if necessary, the declarant, holder or owner's authorised representatives and other professionals (experts). The Commission, created by the State revenue service, the Customs authorities of the territorial order, document destruction, creating destruction Act (annex 2). 18. on the basis of a written application by the holder of the right, the State revenue service territorial customs authority shall take the other measures necessary to depriving the persons concerned of any economic gains from goods that violate intellectual property rights. VII. Exchange of information 19 the State revenue service's main Customs Administration examines the subject requests Customs authorities to take measures for the protection of intellectual property rights and shall forward the information to the State revenue service territorial customs offices on those requests which were found, as well as publish a list of the request of the State Revenue Service website on the internet. 20. The State revenue service territorial Customs officers collected and electronically sent to the State revenue service, the customs administration of the General information on intellectual property rights infringements detected (annex 3). Prime Minister a. Halloween Finance Minister o. Spurdziņš annex 1: Cabinet of 4 October 2005, regulations No 749 Finance Minister o. Spurdziņš annex 2 Cabinet of 4 October 2005, regulations No 749 Finance Minister o. Spurdziņš annex 3 Cabinet of 4 October 2005, regulations No 749 Finance Minister o. Spurdziņš