Cabinet of Ministers Regulations No. 112 in 2011 (8 February. 8. § 6) procedures for customs control measures to be taken for 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 adopt and approve the subject of intellectual property rights (hereinafter referred to as the holder of the right) request the Customs authorities to act in protection of intellectual property rights (hereinafter referred to as the request) under the Council of 22 July 2003 Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights and the Commission of 21 October 2004 Regulation (EC) No 1891/2004 laying down rules for the application of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (hereinafter Regulation No 1891/2004). The State revenue service on their homepage on the internet published information on approved requests and the entity list.
3. If the State revenue service in customs control measures, finds the goods that would be in violation of the right-holder's intellectual property rights, the State revenue service that limits the release of goods into free circulation or suspend them.
II. The State revenue service action in cases where the holder of the right has been received request 4. If this provision in paragraph 3 in that case, the State revenue service is not submitted in accordance with Regulation No 1891/2004 prepared entity's request, the State revenue service does the following: 4.1 if the entity is not known, the three working days during the clarify entity and shall notify it of potential infringements of intellectual property rights, as well as requests within three working days after receipt of the notice to submit the appropriate State revenue service request;
4.2. where the holder of the right is known, no later than the next working day shall notify it of potential infringements of intellectual property rights, as well as requests within three working days after receipt of the notice to submit the appropriate State revenue service request.
5. Goods whose release for free circulation has been suspended or which have been detained, customs supervision until the time of receipt of the request. The State revenue service following receipt of the goods may be put in charge of the storage of the declarant, the holder, the holder of the right or other responsible person. Storage costs shall be borne by the holder of the right, on the basis of the invoice issued by the librarian in charge.
6. The State revenue service to release the goods for free circulation or detentions when the customs formalities and one of the following conditions: 6.1. it is not possible to clear up the legal entities;
6.2. the holder of the right, within three working days following that rule referred to in paragraph 4, the notification is not submitted in the State revenue service request.
7. If the provision in paragraph 4, the time limit referred to in the State revenue service has filed a request to the entity, the State revenue service providing the entity information on the amount and quality of the goods, as well as inform the right-holder of the need within 10 working days of receipt of the information (or within three working days if the item is perishable) to submit to the State revenue service confirms that the goods concerned violations of the right of the holder of certain intellectual property rights whether the agreement on simplified destruction procedures. That date, on the basis of a written application by the holder of the right, the State revenue service can be extended by 10 working days, unless the item is perishable.
8. The rules referred to in paragraph 7 of the approval holder: 8.1 declare violation of intellectual property rights the fact;
8.2. indicate the following: 8.2.1. any intellectual property rights have been violated;
8.2.2. the circumstances and indications that the goods are counterfeit or pirated (embodying infringing);
8.2.3. information about the appropriate value of the original goods.
9. The State revenue service, on the basis of these provisions within the time limit referred to in paragraph 7 of the approval, shall take a decision on the confiscation of the goods according to the Council of 12 October 1992 Regulation (EEC) No 2913/92 establishing the Community Customs Code (hereinafter Regulation No 2913/92) article 75 or act in accordance with the laws and regulations that govern the personal responsibility for infringements of intellectual property rights in the field of customs.
10. The State revenue service, based on the written application of the legal entity, shall take the other measures necessary to depriving the persons concerned of any economic gains from goods that violate intellectual property rights.
III. the action of the State revenue service, if you have received a demand of the legal entity 11. If this provision in paragraph 3 in that case, the State revenue service is filed in accordance with Regulation No 1891/2004 prepared entity's request, the State revenue service no later than the next working day shall notify the right holder: 11.1. about possible infringements of intellectual property rights, specifying the quantity and nature of the goods, and customs procedures, the release for free circulation, the suspension or detention of the goods;
11.2. the need within 10 working days of the receipt of the notification (or within three working days if the item is perishable) to submit to the State revenue service confirms that the goods concerned violations of the right of the holder of certain intellectual property rights, or an agreement on simplified destruction procedures. That date, on the basis of a written application by the holder of the right, the State revenue service can be extended by 10 working days, unless the item is perishable.
12. This rule 11.2. approval referred to shall be prepared in accordance with the provisions of paragraph 8.
13. The goods for free circulation has been suspended or which have been detained, the State revenue service can put the responsible storage of the declarant, the holder, the holder of the right or other responsible person. Storage costs shall be borne by the holder of the right, on the basis of the invoice issued by the librarian in charge.
14. The State revenue service, based on this rule 11.2. submitted within the time limit referred to in the approval, shall take a decision on the confiscation of the goods pursuant to Regulation No 2913/92, article 75 or act in accordance with the laws and regulations that govern the personal responsibility for infringements of intellectual property rights in the field of customs.
15. The State revenue service, based on the written application of the legal entity, shall take the other measures necessary to depriving the persons concerned of any economic gains from goods that violate intellectual property rights.
IV. Destruction of goods 16. State revenue service in accordance with the relevant laws governing the area for the destruction of confiscated goods that infringe intellectual property rights, except for those provisions referred to in paragraph 17. Destruction of the goods shall be borne by the holder of the right, on the basis of the State revenue service issued the invoice.
17. The State revenue service permits the destruction of goods, where the simplified procedure in accordance with the provisions of section 7 or section has received 11.2. a written agreement on simplified destruction procedures. Subject to destruction shall be carried out at their own expense, subject to the following conditions: 17.1. destruction of the State revenue service carried out in the presence of a representative;
17.2. the destruction of the goods shall be carried out in accordance with the appropriate scope of the regulatory laws, respecting environmental requirements;
17.3. before destruction of the entity receives national environmental service of the relevant regional environmental administration decision on permission to destroy the goods. The decision shows the destruction of the site and the terms;
17.4. the destruction of the legal entity shall draw up the instrument of destruction, indicating the goods destroyed, its quantity and the type of destruction. Destruction of the Act shall submit one copy to the State revenue service.
18. The entity has an obligation in two weeks time after this provision referred to in paragraph 17 of the State revenue service's authorization to take the goods for destruction. If the specified item is not accepted during the destruction, as well as if there is no agreement on the adoption of other goods, the State revenue service destroyed the goods in accordance with paragraph 16 of these terms.
V. closing question 19. Be declared unenforceable in the Cabinet of 4 October 2005, Regulation No 749 "procedures for customs control measures taken in the protection of intellectual property rights" (Latvian journal, 2005, nr. 160).
Prime Minister – the Minister of justice a. Štokenberg of Finance Minister a. Wolf