WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/LTU/E/1
4 October 2001
(01-4800)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
LITHUANIA
The present document reproduces the text1 of the Law on the Protection of Intellectual
Property in the Field of Import and Export of Good s (2000:IX-117), as notified by Lithuania under
Article 63.2 of the Agreement (see document IP/N/1/LTU/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
LITUANIE
Le présent document contient le texte
1 de la Loi sur la protection de la propriété intellectuelle
en matière d'importation et d'exportation de marchandises (2000:IX-117), notifié par la Lituanie au
titre de l'article 63:2 de l'Accord (voir le document IP/N/1/LTU/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
LITUANIA
En el presente documento se reproduce el texto
1 de la Ley sobre protección de la propiedad
intelectual en relación con la importación y exportación de mercancías, Nº IX-117 de 2000, que
Lituania ha notificado de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo
(véase el documento IP/N/1/LTU/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/LTU/E/1
Page 2
LAW ON THE PROTECTION OF INTELLECTUAL PROPERTY
IN THE FIELD OF IMPORT AND EXPORT OF GOODS
21 December 2000 No. IX-117
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
This Law shall regulate customs activities relating to the protection of intellectual property in
the field of import and export of goods, the conditions of the said activities as well as actions inrespect of detained goods which are recognised by the  court decision as  being goods infringing anintellectual property right.
Article 2. Main Concepts of the Law
1. “Intellectual property ” means the copyright, related rights and industrial property (trade
marks, inventions and industrial design) rights.
2. “Applicant ” means the holder of intellectual property rights or his representative who
submits an application for the protection of his rights by action taken by the customs authorities.
3. “Holder of intellectual property rights ” means:
1) the owner of a registered trade mark or mark recognised as well-known in the Republic of
Lithuania  according to the procedure established by law, owner of a patent for invention, owner of
the registered industrial design, holder of copyright or related rights;
2) successor in title of persons specified in paragraph 3 (1) of this Article ;3) any other person possessing a licence to use a trade mark, a patented invention, an
industrial design, a work or an object of related rights and copies thereof.
4. “Representative ” means
1) a representative of the holder of intellectual property rights - a legal or a  natural person or
an enterprise without the rights of a legal person, also patent attorneys of the Republic of Lithuania ;
2) a collective administration association administering copyright and/or related rights, which
operates according to the procedure established  by law.
5. “Goods ” means movable property which may be an object of foreign trade and which:
1) bears a trade mark;IP/N/1/LTU/E/1
Page 3
2) is a work, an object of related rights or copies thereof;
3) a product registered as an industrial design or a copy of such product;4) a product obtained by using a patented invention.6. “Goods infringing an inte llectual property right ” means:
1) goods bearing without authorisation a trade mark (counterfeit goods)
2) infringing copies;3) goods infringing the rights of the owner of a patent for invention.7. “Goods bearing without authorisation a trade mark (counterfeit goods) ” means:
1) goods, including the packaging thereof, bearing a mark which is identical to the trade mark
validly registered or recognised as well-known in the Republic of Lithuania according to theprocedure laid down in the Law on Trade Marks or which cannot be distinguished in its essentialaspects from such trade mark,  and which thereby infringe the rights of the holder of the trade mark inquestion established by the above-mentioned Law;
2) any trade mark symbol (logos, labels, stickers, brochures, instructions for use, guarantee
documents, etc.), whether presented separately or not, and bearing the same characteristic elements  asthose specified in paragraph 6(1) of this Article;
3) packaging materials (paper, cardboard, textile fabrics, film, etc.) presented separately and
bearing characteristic elements specified in paragraph 6(1) of this Article.
8. “Infringing copies ” means:
1) goods which are copies of a work or of an ob ject of related rights made without the consent
of the author or the holder of related rights, their successor in title or the person duly authorised by
them, as well as copies of a work or an object of related rights in which the information on the
possession of the rights of the author or the holder of related rights has been removed or alteredwithout the consent of the author or the holder of related rights;
2) goods which are copies of products registered  as industrial design (including copies and
products which are composite parts of other goods) made without the consen t of the owner of the
industrial design or his successor in title or the person duly authorised by him.
9. “Goods infringing the rights of the owner of the patent for invention ” means goods
produced by infringing the rights of the owner of the patent for invention established in the PatentLaw of the Republic of Lithuania .
10. “ Security ” means a written undertaking by a banking institution or insurance company
established and functioning in the Republic of Lithuania and possessing a licence to engage inbanking or insurance activities whereby it pledge s to cover any liability vis-a-vis the customs
authorities if:IP/N/1/LTU/E/1
Page 4
1) the applicant fails to satisfy the claims of the persons concerned after the customs
authorities have taken action on his initiative;
2) the applicant fails to ensure payment of the costs incurred by the customs authorities in
delivering the goods detained on his initiative to the place under customs control and in keeping the
goods in question under customs control;
3) the owner, consignee or importer of the goods in question, having lodged an application for
placing the goods detained by the customs authorities on suspicion that they are goods infringing anintellectual property right under the customs procedure or for assigning the goods any other customs-approved treatment or use, fails to meet the claims of the holder of intellectual property rights.
11. Other terms used in this Law have been defined in the Customs Code, the Law on
Copyright and Related Rights, the Law on Industria l Design, the Law on Trade Marks, and the Patent
Law.
Article 3. Application of the Law to Moulds and Matrices
Any mould or matrix which is specifically designed or adapted for the manufacture of a
counterfeit trade mark or of goods bearing such a trade mark or of infringing copies or goodsinfringing the rights of the owner of a patent fo r invention shall be treated as goods infringing an
intellectual property right, as appropriate, provided that the use of such moulds or matrices infringes
the rights of the holder of  intellectual property rights established by law.
Article 4. Non-applicability in Certain Ca ses of Action by Customs Authorities
Prescribed by Law
1. Action by the customs authorities prescribed by this Law shall not be taken if the goods
which are intended for entry into the customs territory of the Republic of Lithuania (including thecases of carriage of goods in transit), release for free circulation, outright export, re-export, keeping oruse, upon placement thereof under other import and export customs procedures, or entry into a freezone or free warehouse without a specific consent of the holder of intellectual property rights relatingto certain goods (a licence for using an object of intellectual property rights in the Republic ofLithuania):
1) bear a trade mark licensed for use abroad or a trade mark licensed for use in the Republic
of Lithuania, however, not according to the terms and conditions laid down in the trade mark license
contract;
2) in relation to which remedies afforded to the owner of the patent for invention, owner of
industrial design, holder of copyright or holder of related rights or their successor in title areapplicable; which are produced under license to manufacture abroad or in respect of which theIP/N/1/LTU/E/1
Page 5
remedies open to the holder of intellectual property rights listed in this subparagraph are applicable;
which are produced under licence authorising the production thereof in the Republic of Lithuania,however, not according to the terms and conditions laid down in the license contract concluded with
the holder of the  relevant rights.
2. Action by the customs authorities prescribed by this Law shall not be taken with respect to
goods (articles) of non-commercial nature or thos e not intended for production purposes, contained in
the travellers’ personal luggage, for which relief from import duty is granted or permission to make anexport declaration in a simplified manner (by word or act) is given according to the procedureestablished by the Government.
Article 5. Prohibition to Bring Goods to be Considered as Goods Infringing an
Intellectual Property Right into the Customs Te rritory of the Republic of Lithuania  and to
Assign them Customs-approved Treatment or Use
Goods which are to be considered as goods infringing an intellectual property right shall be
prohibited from being brought  into the customs territory of the Republic of Lithuania (including thecarriage of such goods in transit), being released for free circulation, being an object of outrightexport and re-export, being placed under other export and import procedures, also from entry into afree zone and free warehouse. If in the course of customs control by the customs authorities it appearsevident that goods to be considered as goods infringing an intellectual property right are intended tobe placed under prohibited procedures listed in this Article, action by the customs authoritiesprescribed by this Law  shall be taken with  respect to the goods.
CHAPTER TWO
APPLICATION FOR ACTION TO BE TAKEN BY THE CUSTOMS AUTHORITIES
Article 6. Lodging an Application for Action to be Taken by the Customs Authorities
1. The holder of intellectual property rights or his representative shall be entitled  to lodge an
application in writing with the Customs Department under the Ministry of Finance (hereinafter -Customs Department) for action to be taken by the customs authorities in order to protect the rights ofthe person, if he knows or suspects that goods infrin ging an intellectual property right are intended to
be brought into the customs territory of the Republic of Lithuania (including their carriage in transit),
released for free circulation, outright export, re-export or are to be placed under other import or exportprocedures or entered into a free zone or free warehouse.
2. The form of the application referred to in paragraph 1 of this Article shall be established by
the Government or the institution authorised by it.IP/N/1/LTU/E/1
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Article 7. Contents of the Application for Action to be Taken by the Customs
Authorities and Accompanying Documents and Information
1. The application indicated in Article 6 of this Law shall be accompanied by:
1) a detailed description of the goods (including the code of the goods according to the
Combined Tariffs and External Trade Statistical Nomenclature, elements of packaging and costs, ifknown to the applicant), samples, photographs, dr awings of the goods and/or any other pertinent
information relating to the features of goods whic h would help the customs authorities to distinguish
the goods infringing an intellectual property right from the lawfully produced goods;
2) proof referred to in paragraph 2 of this Article that the applicant is the holder of intellectual
property rights for the goods in question or a representative of the holder;
3) information about the applicant (name of the legal person or name and surname of the
natural person, the official address, phone and fax numbers) and about other persons of the Republic
of Lithuania entitled to import or export the goods referred to  in paragraph 1 (1) of this Article  (if
such persons are known to the applicant).
2. The application shall be lodged with the following proof that the applicant is the holder of
intellectual rights for the goods in question or his representative attached thereto:
1) certificate of registration of a trade mark or an extract from the Register of Trade Marks of
the Republic of Lithuania if the person is the rights holder of a registered trade mark;
2) an effective court decision to recognise the mark as well-known in the Republic of
Lithuania  if the person is the rights holder of a well-known mark;
3) a patent for invention or an extract from the Register of Patents of the Republic of
Lithuania  if the person is the owner of a patent;
4) certificate of industrial design or an extract from the Register of Industrial Design of the
Republic of Lithuania  if the person is the owner of a registered industrial design;
5) any available proof of the authors’ rights or related rights if the person is the holder of
copyright or related rights;
6) a license contract and appropriate evidence specified in subparagraphs 1, 2, 3, 4 or 5 of this
paragraph if the person possesses a licence for the use of a trade mark, well-known mark, patentedinvention or industrial design, a work or an object of related rights;
7) the proof referred to in the appropriate subparagraphs and the document of authorisation
and/or any other documents evidencing the person’s powers granted to him, if the person is arepresentative of any of the persons listed in subparagraphs 1 to 6 of paragraph 2 of this Article.IP/N/1/LTU/E/1
Page 7
3. The following shall be submitted with the application:
1) all information relevant to the lodged appl ication and pertinent to the examination thereof,
in order to enable the Customs Department to take a decision in full knowledge of the facts related tothe application as well as evidence of infringement of the applicant’s rights available to him,
submitted in support of the application;
2) information on the place of storage of the goods or the presumed place of carrying of the
goods across the state border of the Republic of Lithuania and/or the intended destination, particularsidentifying the consignment or packages, the scheduled  time (date) of arrival or dispatch of the goods,
the means of transport which are or could be used for carrying the goods, also the identity of theproducer, importer, exporter or holder of the goods.
4. The information specified in paragraph 3 of this Article may not be a condition of
admissibility of the application.
5. The applicant must also specify in the application the length of the period during which
action by the customs authorities should be taken with respect to the transported goods suspected of
infringing his rights and to pledge to provide a securi ty referred to in Article 10 of this Law after his
application is granted and after the customs detains the goods suspected of infringing his rights, and togive the customs assistance needed in identifying the goods.  The length of the period during whichthe customs authorities are requested to take action may not be longer than the period set inArticle 9 (2) of this Law.
Article 8. Fee Charged for Customs Services in Dealing with the Application
Fee shall be charged according to the procedure prescribed by laws of the Republic of
Lithuania  for customs services related to dealing with the application. The amount of the fee shall be
set by the Government in proportion to the costs of the services provided.
Article 9. Dealing with the Application for Action by the Customs Authorities
1. Upon receipt of an application meeting the requirements set forth in Article 7 of this Law,
the Customs Department shall deal with it within  10 working days. Where additional information is
necessary for reaching a substantive decision which may be obtained only through expertexamination, investigation or by addressing other authorities or through similar actions, the Director
of the Customs Department may, by way of exception, extend the time limit set for dealing with the
application, but for not longer than 10 working days. The applicant shall be given a writtennotification of the decision taken or of the extension of the time limit for dealing with the application.
2. Where a decision is taken to grant the application, the maximum 1-year time limit of action
by the customs authorities with respect to the carr ied goods suspected of infringing the applicant’sIP/N/1/LTU/E/1
Page 8
rights shall be indicated in the decision. The time limit may be extended upon the applicant’s request,
however, for not longer than 1 year. Moreover, the set or extended time limit of action taken by thecustoms authorities may not be longer than the peri od of validity of the rights of the holder of
intellectual property rights or his representative. Any refusal to grant an application shall give reasons
therefor in the written decision of the Customs Department which shall also state the applicant’s right
to appeal against the refusal according to the procedure laid down in the Customs Code and otherlaws.
3. A request for the extension of the time period of action by the customs authorities with
respect to the carried goods suspected of infringing the applicant’s rights shall be dealt with accordingto the procedure applied for dealing with the initial application for action.
Article 10. Security
1. The customs office taking action referred to in Article 14 of this Law may require the
applicant, after his application has been granted by the Customs Department, to provide, within a 3-
day period after his notification of the action having been taken, a security:
1) to cover any liability on his part vis-a-vis the customs authorities if claims are lodged
against it by persons involved  in the action by the customs authorities, where the procedure initiatedpursuant to Article 14 is discontinued owing to an act or omission by the applicant or where it appearsevident that action by the customs authorities has been taken with respect to goods which aresubsequently found not to be goods infringing an intellectual property right;
2) to ensure payment of the costs incurred in  accordance with Article 14 of this Law in
delivering the goods detained by the customs authorities to the place under customs control and in
keeping the goods in question under customs control.
2. The procedure of assessment of the amount of security referred to the paragraph 1 of this
Article shall be established by the Government or the institution authorised by it.
3. The provision of security referred to in paragraph 1 of this Article may be considered not
mandatory if:
1) the applicant undertakes in writing to pay the amount requested by the customs authorities
after he has received its first written request for the covering of liability referred to in paragraph 1hereof or for the payment of the costs, and
2) the value of the goods with respect to which action is taken by the customs authorities does
not exceed the amount fixed by the Government or the institution authorised by it.IP/N/1/LTU/E/1
Page 9
Article 11. Information on the Changes of the Holders of Intellectual Property Rights or
Expiry of the Validity of the Rights
The applicant who lodges the application  referred to in Article 6 of this Law with the
Customs Department shall immediately and within  3 working days notify the Department of the
changes of the holders of intellectual property rights for the protection whereof the above application
has been lodged or of the expiry of the validity of said rights.
Article 12. Notification of the Holder of Intellectual Property Rights or his
Representative of Suspected Infringement of his Ri ghts (Detention of  Goods on the Initiative of
the Customs Authorities)
1. Where, in the course of checks made during the bringing of goods into the customs
territory of the Republic of Lithuania (including cases of carriage of goods in transit), placement ofgoods under different export and import procedures, also entry of goods into a free zone or free
warehouse it appears evident to the customs authorities that goods are infringing intellectual property
rights, whereas the application referred to in Article 6 of this Law has not yet been lodged or theCustoms Department has not yet made a decision to grant the application, the holder of intellectualproperty rights or his representative, if known, shall be promptly informed, according to the procedurelaid down by the Government of the Republic of Lithuania  or the institution authorised by it, of thepossible infringement of his rights to enable the person to lodge, within 3 working days from hisnotification, an application for action by the customs authorities for the protection of his rights withthe Customs Department.
2. In the case referred to in paragraph 1 of this Article goods shall be detained for a period of
up to 3 working days from the date of notification of the holder of intellectual property rights or hisrepresentative. Within the said 3-day period the person may lodge an application with the CustomsDepartment,  pursuant to Article 6 of this Law, for action by the customs authorities for the protectionof his rights. In this case the time limit specified in Article 16 of this Law shall run from the date ofreceipt by the Customs Department of the applicati on by the holder of intellectual property rights or
his representative. The declarant and the law enforcement institution empowered under law to protectintellectual property rights shall also be notified of detention of the goods.
Article 13. Notification of Customs Offices of the Taken Decision
Having taken a decision to grant the applicant’s application for action by the customs
authorities to protect his rights, the Customs Department shall promptly notify all customs offices towhich the goods referred to in the application, known or suspected of being infringing goods, may beIP/N/1/LTU/E/1
Page 10
presented. Action by the customs authorities referred to  in Article 14 of this Law shall be taken from
the date of notification of customs offices of the decision taken by the Customs Department.
CHAPTER THREE
ACTION BY CUSTOMS AUTHORITIES AND COURT DECISIONS
Article 14. Actions Taken by the Customs Authorities in the Implementation of
Decisions  of the Customs Department
1. Where the customs office which has been notified, pursuant to Article 13 of this Law, of
the decision taken by the Customs Department to grant the applicant’s application for action by thecustoms authorities to protect his rights, establishes that goods presented to it correspond to thedescription of the goods in respect whereof the decision has been taken, it shall detain such goodsaccording to the procedure established by the Government or the institution authorised by it. The
customs office which detained the goods shall be entitled to demand from the applicant verification in
writing that he considers the goods as infringing his intellectual property rights in respect whereof hehas lodged an application specified in Article 6 of this Law.
2. The territorial customshouse to which the customs office which detained the goods is
subordinate shall promptly notify thereof the Customs Department, the declarant or, in certain cases,the person who brought the goods into the customs territory of the Republic of Lithuania and the lawenforcement institution authorised by the Government, which is responsible for the protection ofintellectual property rights.
3. The territorial customshouse referred to in paragraph 2 hereof shall notify the applicant, at
his  request,  of the name (name and surname) and address of the declarant and, if known, of those ofthe consignee and shall also furnish information on the detained goods and their quantity. Theterritorial customshouse shall provide the above information in compliance with the laws and otherlegal acts regulating the protection of personal data, state, official and commercial secrets.
4. Having regard to the conditions of customs control of the goods, the customs office which
detained the goods  shall afford the applicant and the persons having the right to dispose of the goodsthe opportunity to inspect the goods and take samples thereof. The customs office shall also have theright to take samples of the goods which have been detained. The goods shall be inspected and
samples thereof shall be taken according to the procedure established by the Government or the
institution authorised by it.IP/N/1/LTU/E/1
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Article 15. Applying to the Court and Court Decision
1. The holder of intellectual property rights or his representative shall have the right to apply
to the court, according to the procedure establis hed by law, with a statement of claim for the
protection of intellectual property rights and shall support his claim by the information received from
the customs authorities, referred to in Article 14 (3) of this Law.
2. The holder of intellectual property rights or his representative shall promptly submit the
document evidencing the application to the court, referred to in paragraph 1 of this Article, and thecourt order regarding the enforcement of remedies with the territorial customshouse to which thecustoms office which detained the goods is subordinate.
Article 16. Period of Detention of Goods and Measures to be Applied to the Goods in
Question
1. If, within a period of 10 working days after the applicant has been notified of the detention,
the document evidencing the application to court by  the holder of intellectual property rights or his
representative has not been submitted, pursuant to Article 15 (2) of this Law, with the territorialcustomshouse to which the customs office which detained the goods is subordinate and if no requestfor extension of the time limit has been received from the holder of intellectual property rights or hisrepresentative, the formalities of placement of goods under a customs procedure or assigning thegoods any other customs-approved treatment or use for which the detained goods have been presentedto customs shall be carried out.
2. If the holder of intellectual property rights or his representative has been unable for valid
reasons to apply to the court within the period of detention of goods  specified in paragraph 1 of this
Article, the territorial customshouse to which the customs office which detained the goods issubordinate, having received a written request from the holder of intellectual property rights or hisrepresentative, may extend the time limit by a maximum of 10 working days.
3. If the holder of intellectual property rights or his representative notifies, within the period
specified in paragraphs 1 and 2 of this Article, the territorial customshouse to which the customsoffice which detained the goods is subordinate of his consent to the release of detained goods, theformalities of placement of goods under a customs procedure or assigning the goods any othercustoms-approved treatment or use for which the detained goods have been presented to customs may
be carried out even before the expiry of the above-specified period.
4. On suspicion that the detained goods are products or components thereof infringing the
rights of the owner of a patent for invention or owne r of registered industrial design or the successor
in title of any of the above persons, the formalities of placement of goods under a customs procedureor assigning the goods any other customs-approved treatment or use for which the detained goodsIP/N/1/LTU/E/1
Page 12
have been presented to customs may be carried out at the request of the owner, consignee or importer
of the goods not only in cases referred to in paragraphs 1 and 3 of this Article, but also when thefollowing conditions are met:
1) the territorial customshouse to which the customs office which detained the  goods is
subordinate has been submitted, within the period specified in paragraphs 1 and 2 of this Article, a
document evidencing that the above-mentioned holder of intellectual property rights or hisrepresentative has applied to the court with a statement of claim;
2) the territorial customshouse to which the customs office which detained the  goods is
subordinate has not been submitted, within the time period specified in paragraphs 1 and 2 of thisArticle, the court order on the imposition of interim measures;
3) all the requirements laid down by legislation for the placement under a customs procedure
or assigning any other customs-approved treatment or use have been fulfilled;
4) the owner, consignee or importer of the goods  has provided a security to cover any liability
for possible claims lodged by the above-mentioned holder of intellectual property rights or his
representative.
5. The amount of the security referred to in Article 4 (4) of this Law, which shall be assessed
in the manner prescribed by the Government or the in stitution authorised by it, must be sufficient to
cover the claims of the holder of intellectual property rights, which might be lodged against thecustoms authorities  if not satisfied by other remedies open under law to the holder in protection ofintellectual property rights.
6. If the territorial customshouse to which the customs office which detained the goods is
subordinate is submitted, within the time period specified in paragraphs 1 and 2 of this Article, a
document evidencing the institution of legal proceedings by the holder of intellectual property rightsor his representative, the period of detention of the goods shall be extended (except in the casespecified in paragraph 4 of this Article) pending the issuing of the court order on the imposition ofinterim measures or the taking of a substantive decision. The procedure of storage of the detainedgoods pending the making of the court order on the imposition of interim measures or the taking of asubstantive decision shall be established by Government or the institution authorised by it.
7. The costs incurred by the customs authorities in delivering the goods to the place under
customs control and in keeping the goods in question under customs control shall be covered by:
1) the holder of intellectual property rights if the court dismisses the claim entered by the
holder;
2) the defendant, if the court satisfies the claim entered by the holder of intellectual property
rights.IP/N/1/LTU/E/1
Page 13
8. The provisions of paragraphs 1, 3 and 4  of this Article shall not apply if goods detained by
the customs authorities may not be released due to the application, in the manner prescribed by law, ofadministrative or criminal procedures to persons involved in the import, export or transit operationswith the goods.
9. The territorial customshouse to which the customs office which detained the goods is
subordinate shall notify the applicant and the law enforcement institution authorised by theGovernment, which is responsible for the protection of intellectual property rights, of the placementof the goods under a customs procedure or any other customs-approved treatment or use in the casesspecified in paragraphs 1, 3 and 4 of this Article.
10. The provisions of paragraph 7 of this Article shall not apply if, in cases specified in
Article 12 of this Law, goods have been detained on the initiative of the customs authorities and theholder of intellectual property rights or his representative  fails to lodge with the CustomsDepartment, within the fixed time period, an application for action by the customs authorities.
CHAPTER FOUR
MEASURES WITH RESPECT TO THE GOODS DETAINED BY THE CUSTOMS
AUTHORITIES, RECOGNISED BY THE COURT AS INFRINGING AN INTELLECTUAL
PROPERTY RIGHT
Article 17. Measures Applicable after the Co urt Recognises the Goods as Infringing an
Intellectual Property Right or Dismisses the Claim
1. The court, having recognised the goods detained by the customs authorities and seized by
the court as infringing an intellectual property right and taking into consideration the requests of theholder of intellectual property rights or his representative (if filed), shall adopt a decision:
1) to dispose of the goods outside commercial channels (recycle or utilise the goods and apply
other similar measures) in such a way as to preclude injury to the holder of intellectual propertyrights, without compensation of any sort and at no cost to the State;
2) to take, in respect of such goods, any other measures (at the request of the holder of
intellectual property rights or his representative, transfer the goods to them or any persons indicated intheir request and apply similar measures),  which effectively deprive the persons concerned with
unlawful delivery of detained goods of the economic benefits of the transaction. If the goods are
transferred not to the holder of intellectual property rights or his representative, but to other personsindicated in their request, the court may obligate the persons to remove the trade marks, which havebeen affixed to the goods without authorisation;
3) to destroy the goods at the defendant’s expense.IP/N/1/LTU/E/1
Page 14
2. After the court decision dismissing the claim for the protection of intellectual property
rights becomes effective, the formalities of placement of goods under a customs procedure orassigning the goods any other customs-approved treatment or use for which the detained goods havebeen presented to customs shall be carried out in accordance with the procedure laid down by the
Customs Code and legal acts regulating the implementation thereof..
Article 18. Provision of Additional Information to the Applicant
In addition to the information given pursuant to Article 14 (3) of this Law, the territorial
customshouse, to which the customs office which detained the goods is subordinate, shall provide theapplicant, upon his written request, the information which has not been given earlier on the goodsrecognised by the court decision to be infringing an intellectual property right, the quantity of the
goods in question, the names (names and surnames) and addresses of the consignor, of the importer orexporter and of the manufacturer of the goods as well as information on similar goods earlier
imported by the same importer (received by the consignee) or exported by the exporter (dispatched by
the consignor).
CHAPTER FIVE
FINAL PROVISIONS
Article 19. Liability
1. Damage inflicted by unlawful actions of customs officers and employees as well as damage
caused by the applicant’s acts  or omission shall be compensated in accordance with the procedure
established by the Civil Code and other laws.
2. The acceptance or granting by the Customs Department of the application drawn up in
accordance with Article 7 of this Law shall not entitle the applicant to compensation where goodsinfringing intellectual property rights are not detected or recognised in the course of customs controlperformed by customs officers according to the procedure prescribed by law and no action is taken todetain them in accordance with Article 14 (1) of  this Law or the formalities relating to import or
export procedure or other customs-approved treatment or use are carried out with respect to the goods.
3. Actions by customs officers or employees in applying this Law may be appealed against in
accordance with the procedure established by the Customs Code and other laws.IP/N/1/LTU/E/1
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Article 20. Customs Co-operation with other State Institutions and International Co-
operation
1. In applying this Law, in order to disclose and prevent infringements of intellectual property
rights in the field of import and export of goods, the customs authorities shall:
1) co-operate, exchange information and prep are joint actions with  law enforcement and
other state institutions with powers to protect intellectual property rights vested in them;
2) acting in accordance with international agreements of the Republic of Lithuania  and on its
own initiative, co-operate with customs administrations of other states and international organisationsresponsible for the protection of intellectual property rights.
2. Where the customs authorities establish, based on the information provided by state
institutions and/or international organisations, that there are grounds to believe that the goodspresented to customs are infringing intellectual property rights, the provisions of Article 12 of thisLaw shall apply.
Article 21. International Agreements of the Republic of Lithuania
If international agreements of the Republic of Lithuania  contain provisions other than those
established in this Law, the provisions of international agreements shall apply.
Article 22. Implementation of the Law
The Government or the institution authorised by it shall by 1 March 2001 approve legal acts
necessary for the implementation of this Law.
Article 23. Entry into Force
This Law shall enter into force on 1 January 2001.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
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