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

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

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The Republic of Latvia Cabinet of Ministers Regulations No. 325 in Riga on 24 July 2001 (pr. Nr. 35, 2. §) procedures to be carried out under customs control arrangements for the protection of intellectual property, issued in accordance with the Customs Act 114. the third paragraph of article i. General questions 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, release for free circulation, export, re-export, import customs warehousing, inward processing, processing under customs control, temporary importation, exportation to time Re-entry into the duty-free trade, shop, outward processing, transit and abandonment to the Exchequer.
2. If there is reasonable suspicion that the goods are pirated goods embodying infringing and that the temporary storage, release for free circulation, export, re-export, import, customs warehousing, inward processing, processing under customs control, temporary admission, re-entry for export, import duty free trade store, outward processing, transit in and out of the State be stopped unless these rules 19, 20, 21, 22 and 24, the measures referred to in paragraph.
3. the rules do not apply to goods of a non-commercial, which is a natural person and does not exceed the luggage for a specified amount of tax incentives.
II. Application of the Customs Office and examining it in Latvia 4 protect copyright, related rights, trademarks or designs to the owner or his authorized person (entity) 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) written submissions concerning the embodying infringing and pirated goods (hereinafter application).
5. the application shall state the following information: 5.1 detailed original and possible embodying infringing and pirated goods to the customs authority may recognize them;
5.2. the period within which the holder of the right to ask the Customs Office which is, or can be imported and pirated goods embodying infringing, take appropriate measures;
5.3. embodying infringing and pirated products in real or potential location (if known) or territorial customs authority in whose territory or may be imported and pirated goods embodying infringing.
6. the application shall be accompanied by proof that the applicant is the holder of the right: 6.1 if the application is submitted. the holder of the right, evidence considered: 6.1.1. in respect of the registered right or rights, which filed the application for registration, registration or proof of submission of the application;
6.1.2. with respect to copyright, neighbouring rights, unregistered or not logged on to the registration rights of the design work — any evidence proving the status of the legal entity;
6.2. If the application is lodged by the 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 relevant intellectual property.
7. the application can be a one-off or a specified period.
8. The holder of the State revenue service provided within the main customs administration and any other then the information necessary for a decision.
9. After consideration of the application of the Customs Administration on the decision in writing to the holder of the right or any other person who has the right to use the intellectual property.
10. If the main Customs Administration considers the application to be unfounded, the applicant shall indicate in writing the reasons for the refusal. Legal entities have the right legislation in order to appeal to the major decision of the customs administration.
11. If the main customs administration acknowledges there are grounds for the application, it shall specify the period, which required customs control measures. This period the main customs administration may extend, on the basis of the application of the legal entity.
12. If there is reasonable suspicion that the goods are pirated, and embodying infringing the main customs administration decision that the application is warranted, to immediately send the Customs office responsible for handling the goods, and shall notify it to the period within which the customs control measures.
13. The holder of the right, where the application is accepted, shall immediately inform the main customs administration, where his right to the intellectual property is over.
14. If, on the basis of the application is made to the customs control measures and found that the goods in question are not embodying infringing and pirated, the holder of the right, that the information provided is used for identification of the goods shall bear the following expenditure: 14.1. persons to whom the Customs authorities of the measures taken as a result of the losses;
14.2. the costs incurred by storing goods under customs control.
15. Where the holder of the application is not submitted or is found to be justified, but the customs authority in applying these provisions to the goods referred to in paragraph 1, the customs procedure, you have reason to believe that the goods are pirated, embodying infringing and it shall immediately inform the main customs administration about alleged rights violations. The main customs administration shall immediately inform the holder of the right (if known) or other person (if known), which has the right to use the intellectual property.
16. This provision of the Customs Office referred to in paragraph 15 is entitled to suspend release of the goods, and then, when you provide information to the main customs administration, keep the goods under customs control for not more than 10 working days, to the holder of the right to submit an application.
17. Where the holder of the right in paragraph 16 of these rules within that period, the application is not submitted, the State Revenue Service Act according to laws and regulations to the requirements and shall take a decision in respect of the goods for which arose suspicion that they are embodying infringing and pirated products.

18. the Customs authorities or other competent authorities in accordance with those regulations mandate for action with embodying infringing and pirated goods is not responsible for this action because of injury or damage.
III. Customs control measures 19. the Customs Office which, in accordance with paragraph 12 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 and pirated referred to in the description of the goods. If that description corresponds to the goods, the Customs Office of the State revenue service shall be drawn up in accordance with the procedure laid down in the Act of embodying infringing goods into conformity or pirated product description. The Act of signature holder and the responsible customs officer. The Customs Office will end the release and follow the laws.
20. the customs authority shall promptly, but not later than two working days for your actions inform the main customs administration, declaring of goods and entities.
21. According to the legal requirements of 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 company (the company) the name, registration number and registered office. The main customs administration upon the request of the holder of the right shall notify then embodying infringing and pirated goods also manufacturer and shipper's name, ID number and address of the place of residence or company (the company) the name, registration number, registered office, and the quantity of the goods (if such information is known).
22. the customs authority shall give to the holder of the right and opportunity for persons who have applied for the goods for a customs procedure, view the release of goods is suspended.
23. during the inspection of the goods the customs authority is entitled to take samples. If necessary, it shall send to the holder of the right to an opinion.
24. The holder of the goods within 10 working days after receipt of the opinion of the sample rules referred to in point 19 customs authority. Where the holder of the justified reasons this cannot give an opinion within the time limit, he can ask for that period be extended by 10 working days. At the end of this period, the goods are released, provided that all customs formalities have been complied with.
IV. final question 25. Be declared unenforceable in the Cabinet of 9 February 1999, Regulation No 43 of the "provisions on customs control measures for the protection of intellectual property" (Latvian journal, 1999, 41./42.nr.).
Prime Minister a. SMITH financial Minister g. SMITH rules shall enter into force on July 28, 2001.