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Provisions On Customs Control Measures For The Protection Of Intellectual Property

Original Language Title: Noteikumi par muitas kontroles pasākumiem intelektuālā īpašuma aizsardzībai

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The Cabinet of Ministers of the Republic of Latvia, 1999 February 9. Regulation No. 43 (in Riga. Nr. 9, § 13) the rules on the customs control measures for the protection of intellectual property, issued in accordance with the Customs Act 114. the third paragraph of article i. General questions 1. These rules shall determine any customs control measures to be carried out for protection of intellectual property, prohibiting embodying infringing and pirated products release for free circulation, export, re-export, import customs warehousing, inward processing, processing under customs control and temporary importation.
2. If there is reasonable suspicion that the goods are pirated or embodying infringing goods, the release for free circulation, export, re-export, import, customs warehousing, inward processing, processing under customs control and temporary importation is suspended, pending the provision of 15, 16, 17, 18 and 20 of the above measures.
II. Application of the Customs Office and examining it for 3. in Latvia the protection of copyright, related rights, trademarks, designs or geographical indications of the owner or his authorized person (hereinafter referred to as the holder) and the implementation of national defense shall be submitted to the State revenue service Customs Administration (hereinafter the Customs Administration) written submissions concerning the embodying infringing or pirated goods (hereinafter application).
4. the following information must appear in the application (or the relevant documents): 4.1 detailed and original goods embodying infringing or pirated possible description of the goods, the customs authority may recognize them;
4.2. the proof that the applicant is the right holder;
4.3. the period during which the customs authority, appropriate measures should be taken.
5. applications can be single (refer to a particular lot) or with a specific duration (apply to all the lots specified period can be moved across the State border).
6. The State revenue service prescribed by law, the owner shall provide to the customs administration of any of the information necessary for a decision.
7. the customs administration of the examination of the application of its decision in writing to the owner of the rights.
8. If the Customs Administration considers the application to be unfounded, the applicant shall indicate in writing the reasons for the refusal. The right holder's rights laws in order to appeal against the decision of the customs administration.
9. If the Customs Administration acknowledges there are grounds for the application, it shall specify the period, which required customs control measures. This period may be extended by the customs authority on the basis of the application of the right holder.
10. the customs administration of the decision which warranted the application, send it immediately to the Customs Office, which is responsible for the disposal of the goods if there is reasonable suspicion that the goods are pirated or embodying infringing and shall notify it of the time limit by which the customs control measures to be taken.
11. If, on the basis of the application, the customs procedures have been carried out and it is found that the goods in question are not pirated, embodying infringing or the right holder where the information provided is used for identification of the goods shall bear the following expenditure: 11.1. persons to whom the Customs authorities of the measures taken as a result of the losses;
11.2. expenses incurred in storing goods under customs control.
12. If the right holder does not submit the application or it is declared unfounded and customs authority, making this the rule referred to in paragraph 1, the customs procedure, you have reason to believe that the goods are pirated, embodying infringing or customs authority shall inform the Customs Administration for alleged rights violations. In turn, the customs administration shall inform the right holder (if known).
13. This provision of the Customs Office referred to in paragraph 12 is entitled to suspend release of the goods for free circulation and then, when you provide information to the customs administration, to leave the temporary storage of goods under customs control for a period of up to 10 working days for the right holder to submit an application.
14. If the owner of this rule 13 the time limit referred to in paragraph has not submitted the application, the State revenue service is entitled to act according to the requirements of the laws and to take a decision in respect of the goods for which the application of the State revenue service issued instructions that the criteria, there is a reasonable suspicion that they are embodying infringing or pirated goods.
III. measures to be taken by the Customs authorities of the Customs Office, 15 which, in accordance with paragraph 10 of these rules has been sent to the decision of the customs administration, in conversation with the owner, whether the goods tally with the decision embodying infringing or pirated referred to in the description of the goods. If that description corresponds to the goods, the Customs Office of the State revenue service order shall draw up a document, signed by the right holder and the responsible officials of the Customs authorities, as well as end the release for free circulation.
16. the customs authority shall promptly, but not later than two working days, of the action, inform the customs administration, the declarant of goods and rights owner.
17. in accordance with the requirements of the law on the protection of personal data, commercial and industrial secrecy and professional and administrative confidentiality, the Customs office or customs administration upon the request of the right holder shall notify the declarant of goods name, and address, as well as the consignee's name and address, to enable the owner to sue. The Customs Administration at the request of the right holder shall notify it also embodying infringing or pirated goods manufacturer and exporter's name, address and amount of goods.
18. the customs authority must possibility right holder and persons who have applied for the goods for a customs procedure, view its goods, which release for free circulation is stopped.
19. during the examination of the goods, the customs authority may take samples.
20. If the right holder within three working days after you have received the information that the release of goods for free circulation is interrupted or the goods are seized, does not inform the rules referred to in point 15 of the Customs authorities that in accordance with the provisions of paragraph 17, he has filed in court, the goods are released for free circulation, provided that all customs formalities have been complied with. If the right holder in addition to the reasoned submission, Customs Office, this time limit may be extended up to 10 working days.
IV. Closing questions 21. Customs authorities or other competent authorities in accordance with those regulations mandate for action with embodying infringing or pirated goods is not responsible for this action because of injury or damage.
22. These provisions 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.
23. the rules shall enter into force on 1 July 1999.
 
Prime Minister v. krištopans Finance Minister i. Godmanis