Cabinet of Ministers Regulation No 420 in 2002 Riga, 10 September (pr. No 38, § 1) procedures for customs control measures to be taken for the protection of intellectual property, Issued in accordance with the Customs Act 114. the third paragraph of article 1. determines the order in which to customs control measures for the protection of intellectual property, prohibiting embodying infringing and pirated goods in temporary storage, the release for free circulation, export, re-export of (export), under the customs warehousing, inward processing, processing under customs control, temporary importation, goods import duty-free reimportation, the marketing store , outward processing, transit, into a free zone or free warehouse and the abandonment of goods to the State.
2. If there is reasonable suspicion that the goods are pirated or embodying infringing goods, temporary storage, release for free circulation, export (export), re-export, warehousing, inward processing, processing under customs control, temporary admission, re-entry, goods duty free trade store, outward processing, transit, inward in a free zone or free warehouse of goods in and out of the State be stopped unless these rules 18. , 19, 20 and 21. the measures referred to in points.
3. the rules do not apply to goods of a non-commercial, which is a natural person and the baggage does not exceed the quantity specified in the tax relief.
4. The Republic of Latvia of rights protected copyright, trade marks, designs, and the patent holder or its representative (hereinafter referred to as the holder of the right) your rights and advocacy for the implementation of the State revenue service shall be submitted to the main customs administration (hereinafter referred to as the main customs administration) the customs control measures for embodying infringing or pirated goods (hereinafter application). The application shall be in writing or by electronic data processing and transmission.
5. The application shall state the following information: 5.1 detailed original and possible embodying infringing or pirated goods to the customs authority may recognize them;
5.2. the period within which the holder of the right is requested to perform Customs control measures;
5.3. any other holder of the right to know the information needed to make a decision on copyright, related rights, trademarks, design and patent rights.
6. The application shall be accompanied by proof that the applicant is the holder of the right: 6.1 if the application is lodged by the holder of the right, evidence considered: 6.1.1. registered rights, registration confirmation;
6.1.2. the copyright and related rights: any evidence proving the authorship or rights-holder status;
6.2. If the application is made by any other person who has the right to the intellectual property, in addition to those referred to in point 6.1 of the rules of evidence must be submitted to document that certifies the person's right to the intellectual property;
6.3. If the application is lodged by the representative of the legal entity or representative of a person who has the right to the use of intellectual property, in addition to that rule 6.1 and 6.2 of the evidence be referred to in the document which certifies the right of representatives to deal with the intellectual property.
7. the application can be a one-off or a specified period. A one-time application to certain possible embodying infringing or pirated goods shipment or to the provisions of paragraph 13 of those goods, or to determine the Customs Office. The application of a certain period of operation applies to all possible embodying infringing or pirated goods shipments or all customs authorities within the period specified.
8. the main customs administration after the examination of the application in writing or by electronic data processing and transmission features shall notify its decision to the holder of the right or any other person who has the right to use the intellectual property.
9. If the main Customs Administration considers the application to be unfounded, the applicant shall indicate in writing the reasons for the refusal. The entity has the right to appeal against the decision in the main customs administration in accordance with the law "on the State revenue service" in article 22.
10. If the main customs administration application is recognised, it shall set a time period in which the necessary customs control measures. This period the main customs administration may extend, on the basis of the application of the legal entity.
11. the main customs administration shall promptly, but not later than two working days, forward to the decision of the Customs authorities with which the application is warranted, as well as to notify them of the time limit by which the customs control measures to be taken. If the application is unique, the Customs Administration said the decision to send the competent customs authority.
12. The holder of the right, which the application has been accepted, the customs administration shall inform the Chief, if his right to the intellectual property is over.
13. Where the holder of the application is not submitted or is it considered unreasonable, however, to the Customs Office for the purpose of this provision referred to in paragraph 1, the working of goods, you have reason to believe that the goods are pirated, embodying infringing or customs office immediately, but not later than within 24 hours, inform the main customs administration about alleged rights violations. The main customs administration shall promptly, but not later than within 24 hours, inform the right-holder (if known) or any other person (if known), which has the right to use the intellectual property.
14. This provision of the Customs Office referred to in paragraph 13, case stopped the release of the goods, and then, when you provide information to the main customs administration, keep the goods under customs control up to ten working days, to the holder of the right to submit the application.
15. Where the holder of 14 of these provisions within the time limit referred to in paragraph does not submit an application, the State Revenue Service Act according to the requirements of the law.
16. If, upon application, is made to the customs control measures and have found that the goods in question are not embodying infringing or pirated, the holder of the right, that the information provided is used for identification of the goods shall bear the following expenditure: 16.1. losses incurred by the Customs authorities of the measures taken;
16.2. the expenses incurred in storing goods under customs control.
17. the detention of the goods entity within ten working days to verify whether the goods embodying infringing or pirated are. This period may be extended by the customs authority for ten working days, on the basis of the application of the legal entity. 16. These provisions referred to expenses incurred during the relevant period, the entity need not be covered.
18. the Customs Office which, in accordance with paragraph 11 of these rules has been sent to the major decision of the customs administration, together with the holder of the right to determine whether the goods meet the decision embodying infringing or pirated referred to in the description of the goods. If that description corresponds to the goods, the customs body shall draw up an Act concerning the conformity of goods embodying infringing or pirated product description (annex). The Act of signature holder and the responsible customs officer. The customs authority stop the release of the goods referred to in the laws and acts.
19. the customs authority shall promptly, but not later than two working days, in writing or by electronic data processing and transmission media are informed of their actions the main customs administration and declaring of goods.
20. in accordance with the requirements of the laws and the Customs office or the main customs administration upon the request of the holder of the right shall notify the declarant of goods and consignee's name, ID number and address of the place of residence or the operator's name, registration number and registered office, as well as the quantity of the goods. The main customs administration upon the request of the holder of the right shall notify it also embodying infringing or pirated goods manufacturer and shipper's name, ID number and address of the place of residence or the operator's name, registration number and registered office, as well as the quantity of the goods, if such information is known.
21. the customs authority shall give to the holder of the right and opportunity for persons who have applied for the goods customs regime or temporary storage of the goods, see the release of goods is suspended.
22. during the inspection of the goods the customs authority is entitled to take samples, which, if necessary, forwarded to the entity for an opinion.
23. the main customs administration and the Customs authorities in accordance with the laws and regulations mandate them for legal action by embodying infringing and pirated goods is not responsible for this action because of injury or damage.
Prime Minister a. Smith financial Minister g. Smith Editorial Note: rules shall enter into force on 12 October 2002.