WORLD TRADE  
ORGANIZATION   
IP/N/6/ARM/1 
4 June 2004 
 
 (04-2394) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:  English 
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
 
Responses from Armenia 
  
Civil and Administrative Procedures and Remedies 
  (a) Civil judicial procedures and remedies  
 
1. Specify the courts which have jurisdiction over IPR infringement cases. 
  
 According to Articles 15, 16, 81, 206, 221 a nd 224 of the Civil Code of the Republic of 
Armenia, intellectual property right infringement case s are under the jurisdiction of the Courts of First 
Instance and Appeals, the Cassation and Economic Courts.    
2. Which persons have standing to assert IP Rs? How may they be represented? Are there 
requirements for mandatory personal appearan ces before the court by the right holder? 
 
 All right holders and their successors have standing to assert intellectual property rights. 
According to Article 3 of the Code of Civil Procedur e, a civil case may be initiated on the basis of an 
action or application.  Citizens may represent their in terests personally or through their representatives 
in accordance with Article 39 of the Code of Civil Procedure.  The in terests of legal entities in the 
court shall be represented by the bodies or thei r representatives acting within the limits of their 
competences entitled by the law or statute.  Accordi ng to the Code of Civil Procedure, Article 41, the 
competences of the representative shall be stated in a letter of authorization formulated and issued in 
compliance with the law.   3. What authority do the judicial authorities have to order, at the request of an opposing 
party, a party to a proceeding to produ ce evidence that lies within its control? 
 
 This issue is regulated in accordance with Article 49 of the Code of Civil Procedure: 
 
 1. Evidence is provided by the parties to the case. 
  2. A party which is unable to obtain the necessary evidence from other parties who have 
that evidence, whether those parties are i nvolved in the case or not, has the right to 
apply to court with a claim that the necess ary evidence is presented.  The application 
shall include the evidence, the circumstan ces crucial for that case which may be 
confirmed by that evidence, as well as the location of the evidence if known. 
  3. The court shall make its decision based on the results of the review of the afore-
mentioned application. 
                                                      
1 Document IP/C/5. IP/N/6/ARM/1 
Page 2  
 
  
 4. The decision on presenting the evidence sha ll be made immediately, in conformity 
with the procedure laid down in the Law on Compulsory Executions of Court Decisions.  
 4. What means exist to identify and protect confidential information brought forward as 
evidence?  
 
 This issue is regulated in a ccordance with the provisions stated  in the Civil Code, Chapter 68, 
which regulates all issues related to the legal prot ection of undisclosed information, liability for its 
illegal use as well as the transfer of that right.    
5. Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for their use ; 
 
 - injunctions; 
 - damages, including recovery of profits,  and expenses, including attorney's fees; 
 - destruction or other disposal of infringing goods and materials/implements for 
their production; 
 - any other remedies. 
 
 The following measures may be app lied by the judicial authorities: 
 
 - Money compensation referred to in Article 16 (1) of the Law on Patents, in the sense 
that the Government of Armenia may, on consideration of national security, national 
interest or in emergency situations, as well as in cases of non-commercial use by the State, use without the authorization of th e patentee any invention, operational model 
or production sample (compulsory license), provided that the patentee is notified 
within ten (10) days and is given an  equal money compensation, taking into 
consideration the circumstances of each pa rticular case and the economic importance 
of each authorization alike. 
  - Reparation of damages referred to in Articl e 17(2) of the Law on Patents, in the sense 
that operations involving patent violation shall be stopped either upon the patentee’s 
or the exclusive license owner’s request (unless otherwise provided in the license 
agreement), or upon the ordinary license owner’s request (if provided in the license agreement), while the natural or legal entity th at violated the patent shall pay the right 
owner damages in accordance with the proce dure laid down in the legislation of the 
Republic of Armenia. 
 
 - The following measures listed in Article 11 of the Law on Legal Protection of 
Topology of Integrated Microcircuits, i.e. the author of the topology or any other right owner may claim: 
 
a) the restoration of the situati on in place before the violation, 
b) reparation of damages, including re venues illegally received by the violator, 
c) other measures provided by law and aimed at protecting their rights. 
 
  Integrated microcircuits and products c ontaining the former, the production of which 
is qualified as illegal by a court decision, as well as materials and equipment designed 
for the production thereof, may be seized,  destroyed or sold, whereas funds received 
from the sale thereof shall be  transferred to the State budget or to the plaintiff’s 
account, based on his own request, to compensate his damages.   IP/N/6/ARM/1 
 Page 3 
 
 
  
 - Measures listed in Article 47 (paragraphs 2, 3 and 4) of the Law on Trademarks, 
Service Marks and Place-names of Commodity Origin: 
 
 i. Protection of civil rights in cases of illegal use of trademarks, except 
suspension of illegal use and claims for compensation of damages, shall also 
be provided in the following manners: 
 
a) publication of the court decision by the violator, aimed at restoring 
the authority of the injured party, 
 
b) removal of an illegally used trad emark or a trademark similar to the 
original to the point of confusion from the product or its packaging, in such a manner which will preclude the possibility of a recurring use, 
 
c) destruction of the images of illega lly used trademarks or trademarks 
similar to the original to the point of confusion, 
 
d) where methods listed in subparagraphs  b) and c) cannot be applied, in 
order to preclude the possibility of further damages to the trademark 
owner, the product containing an illegally used trademark, or its 
packaging, shall be seized or even destroyed without any compensation. 
 
 ii. Any person who illegally uses any re gistered place-name or a place-name 
similar to the original to the point of confusion, shall, upon request of the 
owner of the place-name use certificate or a non-government organization: 
    a) suspend its use and compensate the damages to all injured parties, as 
well as pay to the local budget from the profit gained from the illegal use of the place-name an amount exceeding the compensation of 
damages, 
    b) publish the court decision in order to restore the authority of the 
injured party, 
 
   c) remove the illegally used place-name or a place-name similar to the 
original to the point of confusion from the product or its packaging, in such a manner which will preclude the possibility of a recurring use, 
    d) destroy the images of  illegally used place-names, 
 
   e) where methods listed in subpara graphs c) and d) cannot be applied, 
the product containing an illegally used place-name, or its packaging, 
shall be seized or destroyed without any compensation.  
 
 iii. In cases of illegal use of trademarks or place-names, in order to minimize the 
danger of future violations, protection of civil rights may be ensured by seizure of material objects of the violation (materials, devices, advertisement means), if the latter were predominantly used for that purpose. 
 IP/N/6/ARM/1 
Page 4  
 
  - Measures listed in Article 43 of the Law on Copyright and Neighbouring Rights, 
whereby the copyright owner or the owner of neighbouring rights may demand from the violator: 
 
a) to recognize his rights, 
 
b) to restore the situation in place before  the violation and to suspend violation 
actions or actions that contain the danger of violation, 
 c) to present the pirated product, in orde r that it may be seized or  destroyed, 
 
d) to provide compensation of damages (including profits lost), in accordance 
with the procedure laid down in the le gislation of the Republic of Armenia, 
 e) to pay money compensation instead of damages or lost profit refund.  The 
amount of the compensation shall be specified by the court based on the 
nature and the conseque nces of the violation, 
 f) to apply other measures provided for in the legislation of the Republic of 
Armenia and aimed at protecting his rights. 
 
 The right to select between measures listed in subparagraphs c), d) and e) lies upon 
the owner of the copyright and/or neighbouring rights. 
  To protect his rights, the owner of the copyright and/or neighbouring rights may 
apply to court in accordance with the proce dure laid down in the legislation of the 
Republic of Armenia. 
  The owner of the copyright and/or neighbourin g rights may apply to court in order to 
obtain from the copyright violator any in formation on third persons involved in 
production and distribution of a composition or  a sound (or video) recording, as well 
as on sources of acquisition and distribution thereof.  Any violator who refuses to 
provide the afore-mentioned information sh all be accountable in accordance with the 
legislation of the Republic of Armenia. 
  Legally acquired pirated samples of compos itions or sound (or video) recordings shall 
not be subject to seizure from the third parties. 
 
 Pirated samples of compositions or sound (o r video) recordings not requested by the 
owner of the copyright and/or neighbouring rights, as well as materials and equipment used for the production and reproduction of the former, may be destroyed pursuant to court decision.  
 
- Measures listed in Article 16 of the Law on Firm Names: 
 
a) Where the exclusive right of a legal en tity to use the firm name is violated, 
the violator shall compensate all damages incurred. 
 
b) In order to restore the authority (reputation) of the injured legal entity, the 
competent authority shall, on the violator’s account, publish in its official newsletter the appropriate court decisi on, indicating above all the owner of 
the violated right. 
  IP/N/6/ARM/1 
 Page 5 
 
 
 c) In case of violation of the exclusive right of use of firm names, any 
signboards, seals, stamps, document form s, advertisements and all other 
printed publications made by the violat or shall be subject to destruction. 
 
6. In what circumstances, if any, do judici al authorities have the authority to order the 
infringer to inform the right holder of the identity of third persons involved in the 
production and distribution of the goods of services found to be infringing and of their 
channels of distribution? 
 
 This issue is regulated:  
- by Article 47(5) of the Law on Trademarks, Service Marks and Place-names of 
Commodity Origin, whereby any person whose rights with respect to a trademark or place-name are or are likely to be violated, may apply to court and request, from the owner of a product that bears an illegally used trademark or place-name, information 
on third persons involved in production and distribution of such products, as well as 
on sources of acquisition and distribution thereof, 
 
- by Article 43(4, 5) of the Law on Copyright and Neighbouring Rights, whereby the 
owner of the copyright and/or neighbouring rights may apply to court in order to 
obtain from the copyright violator any in formation on third persons involved in 
production and distribution of a composition or  a sound (or video) recording, as well 
as on sources of acquisition and distribution thereof.  Any violator who refuses to 
provide the afore-mentioned information sh all be accountable in accordance with the 
legislation of the Republic of Armenia. 
 
 Legally acquired pirated samples of compos itions or sound (or video) recordings shall 
not be subject to seizure from third parties. 
 
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.  
To what extent are public authorities and/or officials liable in such a situation and what 
"remedial measures" are applicable to them?    
 
 This issue is regulated by the provision stated  in the Civil Code of the Republic of Armenia, 
Article 1063:  damage caused to a citizen or legal en tity as a result of illegal actions (or inactions) by 
State bodies, local government or their officials, in cluding issuance of an act by the State or local 
government body that is noncompliant with the law or other legal act, shall be indemnified by the 
Republic of Armenia or the relevant community.   
8. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
 
 According to the Code of Civil Procedure, Article 111, a case must be investigated and a 
ruling must be made within two months after the receipt of the action by the court.  
  The issues on court costs are regulated by th e provisions stated in the Code of Civil 
Procedure, Chapter 9.  Article 68, in particular, de fines that Court costs consist of the State duty and 
of costs payable for experts, the summoning of witnesses, the examination of evidence on the spot, 
and other expenses concerned with the trial.  
 IP/N/6/ARM/1 
Page 6  
 
 (b) Administrative procedures and remedies  
 9. Reply to the above questions in relation to any administrative procedures on the merits 
and remedies that may result from these procedures. 
 
 There are no provisions on intellectual property right infringements in the Code of 
Administrative Offences.  
 
Provisional Measures 
 
 (a) Judicial measures  
 10. Describe the types of provisional measures that judicial authorities may order, and the 
legal basis for such authority. 
 
 These issues are regulated by the provisions st ated in the Code of Civil Procedure of the 
Republic of Armenia, Articles 97 and 98: 
 
 Article 97.  Grounds for the Securing of the Action. 
  1. The court, by motion of a person participati ng in the case or by its own initiative shall take 
measures to secure the action, if the failure to  take such measures can make the execution of 
the court decision impossible or difficult, or result in the deterioration of the state of the 
property which is the object of the dispute.  Th e securing of the action is allowed at any stage 
of the proceeding.  2. The motion is discussed on the day of its receipt, and a decision is made. 
 
 Article 98.  Measures of Securing the Action. 
 
1. The following are the measures of securing the action:  
a) to put a lien on the defendant’s propert y or financial assets in the amount of 
the value of the action; 
 
b) to prohibit the committal of certain actions by the defendant;  c) to prohibit the committal of certain actions by other persons in relation to the 
object of the dispute; 
 
d) to suspend the sale of property, in case of instituting a suit concerning the 
lifting of the lien of the property. 
 e) to put alien on the property owned by the claimant and kept with the 
defendant, immediately or within five (5) days time.   
 2. When necessary, the court is entitled to a pply several measures of securing the action. 
 3. In case of securing the action concerning the seizure of financial assets, the defendant is entitled to pay the amount de manded by the claimant to the deposit 
account of the enforced execution service. 
  IP/N/6/ARM/1 
 Page 7 
 
 
 11. In what circumstances may such measures be ordered inaudita altera  parte ? 
 
 According to the Code of Civil Procedure of the Republic of Armenia, Article 65:  
a) Persons who have grounds to fear th at producing necessary evidence can become 
impossible or difficult, are entitled to make a motion to the court in charge of the case in relation to the provision of this evidence. 
 b) The motion concerning the provision of evidence must indicate the evidence which is 
required to be provided, the facts for th e establishment of which this evidence is 
necessary, and the reasons which have  served as the basis for the motion. 
 c) Based on the results of discussion of the motion the court delivers a decision.  d) The decision concerning the provision of evidence is carried out immediately, as 
envisaged in the procedure established in  the Law on Compulsory Enforcement of 
Court Decisions of the Republic of Armenia. 
 
12. Describe the main procedures for the initia tion, ordering and maintenance in force of 
provisional measures, in particular relevant time-limits and safeguards to protect the 
legitimate interests of the defendant. 
  These issues are regulated in accordance with the Law on “Copyright and Neighbouring 
Rights”, Article 44:  
The Court may, in accordance with the procedures defined by the Code of Civil Procedure of 
the of the Republic of Armenia, upon the applica tion of the persons participating in the case 
or in his own initiative, undertake securing measures of the action - to put a lien on 
presumably counterfeit copies of the works and phonograms, as well as the materials and the implements designed for their creation and reproduction.  In case of the infringement of copyright and ad jacent rights, for which criminal liability is 
envisaged, the court, with the purpose of se curing the civil action submitted or to be 
submitted in future, shall be entitled to seize a ll presumably counterfeit copies, as well as the 
materials and the implements designed for their creation and reproduction, and, if necessary, to detain and, when not claimed by the claimant, destroy them. 
  In addition, these issues are regul ated in accordance with the C ode of Civil Procedure of the 
Republic of Armenia, Articles 99, 101 and 102. 
  Article 99.  Execution of Decision on Securing of the Action. 
 
The Court decision on the securing of the action is  executed expeditiously, as envisaged in the 
procedure established in the Law on Compulsory  Enforcement of Court Decisions of the 
Republic of Armenia. 
  Article 101.  Elimination of the Securing of the Action. 
  1. The Court investigating the case, by motion of a participating party, can eliminate the 
securing of the action. 
 
 2. The issue of eliminating the securing of the action shall be resolved at court session.  The 
persons participating in the case shall be pr operly notified about the time and place of the IP/N/6/ARM/1 
Page 8  
 
 session. Their failure to be present is no hindran ce to the consideration of the issue on the 
elimination of the securing of the action. 
  3. A decision shall be made based on the results of the discussion of the issue on the 
elimination of the securing of the action.  
 
 4. In case of a ruling to turn down the action, the securing measures of the action shall be 
preserved until the enactment of the ruling. 
  In case of a ruling to satisfy the action, the securing measures are preserved until the 
enactment of the ruling. 
  Article 102.  Indemnification of Damage Inflicted Due to Securing of the Action. 
 
 1. When taking securing measures for the action, the court can, by the defendant’s motion, 
demand from the claimant provision for the inde mnification of the possible damages of the 
defendant. 
  2. The defendant is entitled to institute an acti on at the same court against the claimant with 
the demand to indemnify the damages inflicted by the securing of action. 
 13. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
  This issue is regulated by the provisions of the Code of Civil Procedures of the Republic of 
Armenia mentioned in the answer to question 8 above.  
 (b) Administrative procedures 
 
14. Reply to the above questions in relation to any administrative provisional measures. 
  There are no provisions on intellectual property right infringements in the Code of 
Administrative Offences.  
Special Requirements Related to Border Measures 
 15. Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulati on, in particular whether these procedures 
are available also in respect of goods which involve infringements of intellectual 
property rights other than counterfeit trademark or pirated copyright goods as defined in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant 
criteria, any imports excluded from the app lication of such procedures (such as goods 
from another member of a customs union, goods in transit or de minimis imports).  Do 
the procedures apply to imports of goods put on the market in another country by or 
with the consent of the right holder and to goods destined for exportation?  
 
 These issues are reflected in the Customs C ode of the Republic of Armenia, Chapter 39, 
Article 227, clause 1 and clause 2, sub-clauses (a) and (c):   IP/N/6/ARM/1 
 Page 9 
 
 
  Article 227.  Applying to the Customs Aut horities on Protection of Intellectual Property 
Rights 
 
1. Under the law of the Republic of Armenia, the legal owner of the right on the 
intellectual property objects, or any other person having a lawful right to use that 
object, as well as the successor or his represen tative (hereinafter, “right holder”), who 
has valid grounds to suspect that across the Customs border of the Republic of 
Armenia may be transported goods infringi ng intellectual property rights, may submit 
an application (hereinafter, “suspension app lication") to the Superior Customs Body 
with the request of the registration of the intellectual property object and for the 
suspension of the release of such goods under any Customs regime. 
  2. The provisions of clause 1 of this Article shall not apply:    (a) to goods transported across the Cu stoms border under the Customs regime of 
transit shipment; 
  (c) to those goods being transported acr oss the Customs border which have been 
legitimately put into the commodity market fo r circulation by the right holder or with 
his consent. 
 16. Provide a description of the main elements of the procedures relating to the suspension 
of the release of goods by customs authoriti es, in particular the competent authorities 
(Article 51), the requirements for an applic ation (Article 52) and various requirements 
related to the duration of suspension (Article 55).  How have Articles 53 (security or equivalent assurance), 56 (indemnification of the importer and of the owner of the 
goods) and 57 (right of inspection and information) been implemented?   
 
 These issues are found in the Customs Code  of the Republic of Armenia, Chapter 39, 
Article 227 clauses 3-6, and Articles 228-232:  
Article 227.  Applying to the Customs Aut horities on Protection of Intellectual Property 
Rights 
3. The suspension application shall include: 
 (a) a detailed description of the intellectual property object, and if possible, a sample, so as to 
make it recognizable for the Customs bodies; 
 (b) a list of those goods, which may contain the intellectual property object under registration; 
 (c) the means of identification (the form of ma rking a specific commodity by the trademark of 
the right holder, etc.) of the intellectual property object under registration by the right holder 
or by any other person with the consent of  the latter, for the goods mentioned in sub-
clause (b) of this clause;  (d) the period of time, not exceeding two y ears, during which assistance from the Customs 
bodies is expected; 
 
(e) the applicant’s liability to indemnify the costs of the Customs bodies (costs for full 
examination of the cargo and storage of the suspended goods in a warehouse of temporary 
storage) related to the suspension of the goods release, as well as possible costs and damages 
of the person carrying and shipping the goods, if any further judicial or other settlement prove IP/N/6/ARM/1 
Page 10  
 
 that the carriage of the goods across the Custom s border by the latter has not been performed 
with the infringement of the intellectual property right of the applicant;  (f) a surety to ensure the fulfilment of his/her liability referred to in sub-clause (e) of this 
Article by giving to the Customs bodies a pledge or other equivalent guarantee in the amount 
prescribed by the latter, within a three days period after being informed by the Customs 
bodies about the suspension of the goods on the basis of his/her application;  (g) the name and the location of the applicant.  
4. While submitting the application referred to in clause 3 of this Article, the right holder shall 
be obliged to:  a) Submit, along with the application, the documents confirming his rights over the given 
object of intellectual property and payment of the state duty. 
 
b) Provide the Customs bodies with all other ava ilable pertinent information to enable them to 
make a decision on the application.  The furnis hing of the aforementioned information shall 
serve as a precondition for the admission of the application.  5. The application referred to in clause 3 of this  Article can be of specific or general nature. 
 
A specific application shall be submitted when the applicant is aware of an impending carriage of specific infringing goods across the Cu stoms border of the Republic of Armenia or 
their placement with a certain Customs body, and expects one-time assistance from the 
Customs bodies.  Such applications shall be su bmitted ten days prior to the date when the 
assistance from the Customs bodies is expected.  
 In other cases a general application shall be submitted.  6. In case the Customs bodies grant the applicati on of the right holder, an assistance shall be 
provided to him/her pursuant to the present section within a period specified in the given 
application, provided within this period the a pplication has not been withdrawn by the right 
holder or if the rights of the right holder have not ceased, about which the right holder shall inform the Customs bodies no later than the next working day after becoming aware of the fact.  
The right holder shall be deemed liable for the measures undertaken by the Customs bodies 
on the basis of the right holder’s application due to a lack of information about the fact of cessation of the right holder’s rights.  Article 228. Registration of an Intellectual Property Object, Keeping of a Register and 
Consideration of Suspension Application in the Superior Customs Authority 
1. The Superior Customs Body shall keep a regi ster of intellectual property objects.  After 
registering the intellectual property objects the Superior Customs Body shall take measures to 
suspend the release of IPR infringing goods under any Customs regime.  2. The types of the intellectual property objects th at can be included in the register, as well as 
the procedure for running and publication of th e register shall be established by the Superior 
Customs Body.   IP/N/6/ARM/1 
 Page 11 
 
 
 3. The Superior Customs Body shall consider th e suspension application within five days and 
in writing inform the applicant, and if n ecessary, the Customs bodies as well, about its 
decision within 2 days.  In case decision is ma de to grant the application, the Superior 
Customs Body shall define the period, durin g which the Customs Authorities undertake the 
respective measures. Any refusal to grant the a pplication shall be substantiated and may be 
appealed in judicial way. 
 Article 229. Suspension of the Release of G oods Infringing an Intellectual Property Right 
Transported across the Customs Border of the Republic of Armenia 
1. In the case where goods containing intellectual property objects included in the register are 
presented to the Customs bodies, and if the Customs bodies have valid reasons that those 
goods may infringe the right holder’s rights, such  goods shall be subject to removal to places 
of custody.  2. A decision on suspension of  the goods release shall be made  by the head or deputy head of 
the Customs body for a period of ten days, with a possibility for extension of this period by no 
more than another ten days under the provisions s tipulated in clause (a) of Article 232 of this 
Code.  3. The Customs body shall notify the carrier of goods about the reasons of suspension during the next day following the decision-making and sh all inform him the name of the right holder 
and the location of the latter and of suspended goods, as well as inform the right holder of the 
name of the carrier of the goods and the loca tion of the latter and of the suspended goods. 
 4. In the notification referred to in clause 3 of this Article, the Customs body shall also 
specify the Customs value of the goods liable to  suspension and the size of the pledge or other 
equivalent guarantee mentioned in Article 227. 
 5. The procedure for making a decision on suspension of the goods release, notifying the right holder and carrier of goods of the decision made and extending the period for suspension of the goods release shall be established by the Superior Customs Body.  
Article 230. Procedure for Indemnity of the Costs Related to Suspension of the Goods 
Release 
1. After being notified of the suspension of the goods release, within a three day period the 
right holder shall be liable to indemnify the Customs bodies against any costs incurred in relation to the suspension of the goods release by placing a pledge or any other guarantee, as 
well as to ensure fulfilment of his/her liab ility to indemnify the possible costs and damages 
incurred by the person carrying and forwarding the goods.  The size of that guarantee shall be determined by the Customs official who has made the decision on suspension of the goods 
release, and shall be in an amount up to 5%  of Customs value of the suspended goods. 
 2. The indemnification of the costs and damages specified in this Article shall be carried out 
in accordance with procedure defined by law. 
 Article 231.  Provision of Information by the Customs Body of the Republic of Armenia 
1. Without violation of requirements of the legi slation on State, official, commercial and other 
secrecy, a Customs body shall have the right to provide information to the right holder and 
carrier of goods necessary to solve the problem related to the intellectual property right 
protection. IP/N/6/ARM/1 
Page 12  
 
  
2. The aforementioned data cannot be transfer red to third person by the right holder and 
carrier of goods, except for cases stipulated by law, and shall be used exclusively for the 
purpose it has been provided for.  
3. The right holder and carrier of goods shall have the right to take specimens and samples 
from the goods, the release of which is suspended,  as well as present them for expertise in the 
presence of a Customs official and with permission of the Customs body.  
 Article 232.  Invalidation of Decision on Suspension of the Release  
 
The decision on suspension of the release shall be subject to invalidation and the goods be 
released under the procedure envisaged in this Code, if   a) within ten days after notifying the right holder of the decision on suspension of the goods 
release, the Customs body that has made the decision on suspension of the goods release is 
not informed that the case has been brought to judicial authorities in view of making another substantive decision on the case and that the court has undertaken a measure (provisional 
measure) to ensure the action on extending th e suspension of the goods release.  Upon the 
request of the applicant, the suspension time- limit applied initially may be extended by the 
Customs body for no longer than 10 days, if the applicant proves th at the suit has been 
brought to the court, whereas the writ of executi on has not been so far delivered to him/her; 
 b) within the period of validity of the decision on the suspension of the release of goods, the right holder applies to the Superior Customs Bo dy with a request to cancel the decision on the 
suspension or to exclude the intellectual propert y object from the register, or does not fulfil 
his liability specified under Article 227 of this Code in the specified period and size. 
 
17. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of  proceedings and their cost.  How long is the validity of 
decisions by the competent authorities for the suspension of the release of goods into free 
circulation? 
  This issue is regulated under the provisions of Article 111 of the Code of Civil Procedure of 
the Republic of Armenia, which are specified in the answer to the question 8 above.  
18. Are competent authorities required to act upon their own initiative and, if so, in what 
circumstances?  Are there any special provisions applicable to ex officio  action? 
 
 The competent authorities of the Republic of Armenia have no authority to act ex officio . 
 19. Describe the remedies that the competent authorities have the authority to order and 
any criteria regulating their use.   
 
 This issue shall be regulated in accordance with  the provisions stated in the Customs Code of 
the Republic of Armenia, Chapter 39, Article 229 as mentioned in the answer to question 16 above. 
  IP/N/6/ARM/1 
 Page 13 
 
 
 Criminal Procedures 
 
20. Specify the courts which have jurisdiction  over criminal acts of infringement of IPRs. 
 
 According to the Criminal Procedure Code of  the Republic of Armenia, only the Courts of 
First Instance and Appeal as well as the Court of Cassation of the Republic of Armenia shall exercise 
the jurisdiction. 
 
21. In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available? 
 
According to the Criminal Code of the Republic  of Armenia, Article 18, an action specified 
by the mentioned Code that is deliberately performed  and is dangerous to society shall be considered 
as a crime.  Only in relation to those actions mentioned in the Criminal Code, Articles 158, 159, and 197 on intellectual property, shall intellectual pr operty right infringements be considered to be 
criminal.  Refer to the answer to question 24 for the text of these Articles of the Criminal Code. 
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they 
required to do this on their own initiative and/or in response to complaints? 
 
 According to the Criminal Procedure Code of the Republic of Armenia, Article 6, clause 30, 
the body conducting criminal proceedings is the cour t; and during the pre-trial proceedings, the bodies 
for inquest, the investigator, the prosecutor. 
  The criminal case shall be initiated pursuant to the following Articles: 
Article 175.  The Liability of Initiating Criminal Case 
 The prosecutor, the investigat or, the investigation body sha ll be liable to, within their 
competences, initiate criminal case, where there are reasons and grounds for the initiation of criminal case envisaged in this Code.  
 
Article 176.  The Reasons for Initiation of Criminal Case 
1. The reasons for initiation of a criminal case are: 
1) Statements about crimes by physical and le gal entities addressed to the investigation body, 
investigator, prosecutor; 
2) Mass media reports about crimes; 3) The disclosure of information about crime, material traces and consequences of crime by 
the investigation body, the investigator, the pro secutor, the court and the judge in their line of 
duty. 
Article 177.  The Statements of Physical Entities about Crimes 
1. The statements of physical entities about  crimes can be in written or verbal form. 
2. The verbal statement made about a crime during investigation or court trial is registered in 
the protocol of the investigation or the cour t session, respectively.  In other cases separate 
protocols are written.  The protocol must indicate the surname and the first name of the 
applicant, date of birth, home and work addr ess, the relation to the crime and the source of 
information, as well as data about identity doc uments submitted by him.  If the applicant has IP/N/6/ARM/1 
Page 14  
 
 not submitted identity documents, other measures must be taken to verify the information 
about the identity of the person. 
3. If the applicant is 16 years old, he is warned about the liability for fraudulent 
misrepresentation which is certified by the signature of the latter. 
4. The statement in the protocol is narrated in the first person. 
5. The protocol is signed by the applicant and the recipient official. 6. The rules specified in clauses 1, 2, 4 and 5 of  this Article are also extended to the statement 
made by the applicant about crime committed, in case of surrender. 
7. A letter, a statement or other anonymous message about crime, unsigned or with false 
signature or written on behalf of  fictitious person, cannot serve  as reason for initiation of a 
criminal case. 
Article 178.  Statements by Legal Entities 
A statement by a legal entity must be in the form of an official letter, or ratified telegram, 
telephone or radio message, e-mail, or other accepted form of communication.  Enclosed to 
the message can be documents confirming the crime. 
Article 179.  Mass Media Reports 
1. Reports on committed or impending crimes, in  press, on the radio, on TV, as well as 
reports forwarded to mass media and unpublic ized, are considered mass media reports. 
 2. Mass media which publicized reports about crim es or sent to the relevant instances, as well 
as the authors of these reports must, at the request  of the investigating body, investigator and 
prosecutor, submit the materials under their possession confirming the report about the crime. 
 
 Article 180.  The Examination Procedure of Reports about Crimes 
1. Reports about crimes must be considered and resolved expeditiously, and when necessary 
to check the legitimacy of the reason for the in itiation of criminal case and the sufficiency of 
the grounds, no less than in 10 days after their receipt. 
2. Within this period additional documents, expl anations and other mate rials can be requested, 
as well as the examination of the locus criminis  and expert examination. 
Article 181.  Decisions Made as a Result of Examination of Statements about Crimes 
In each case of the receipt of information about a crime, one of the following decisions is 
made:  
- on initiation of a criminal case;  
- on the dismissal of initiation of a criminal case;  
- on the transfer of the statement by subordination.  
Article 182.  Procedure of Initiation of a Criminal Case 
1. In the event of availability of reasons a nd grounds for initiation of a criminal case, the 
prosecutor, the investigator, and the investigating body make  a decision on initiation of a 
criminal case.  IP/N/6/ARM/1 
 Page 15 
 
 
 2. The decision must indicate the reason and grounds for the case, the Article of the Criminal 
Code by the elements of which the case is in itiated, and the further progress of the case after 
initiation. 
3. If at that moment the person injured by the crime is known, simultaneously with the 
initiation of the criminal case this person is r ecognized as the injured party, and if a civil 
claim has been submitted along w ith the statement about crime, that person is recognized as 
civil claimant, by the same decision. 
4. The copy of the decision to initiate criminal case shall be sent to the physical or the legal 
entity which reported about the crime. 
5. Along with the initiation of criminal case, measu res must be taken to prevent the crime, as 
well as to keep and preserve the traces of the crime, objects and documents, which can be 
significant for the case. 
Article 183.  Initiation of a Criminal Case Based on the Complaint of the Injured Person 
Based on circumstances envisaged in Article 109, part 2; Article 110, part 1;  Article 131, 
part 1;  Article 132, part 1, 2 of the Criminal Code of the Republic of Armenia, the case is 
initiated only based on the complaints of the in jured, and in case of his reconciliation with the 
suspect or the accused, the case is subject to termin ation.  Reconciliation is allowed before the 
court retreats to the conference room to adopt a verdict. 
23. Do private persons have standing to init iate criminal proceedings and, if so, who? 
 
 This issue is reflected in th e answer to the previous question, in Articles 177, 178 and 183 of 
the Criminal Code of the Republic of Armenia.  24. Specify, by category of IPR and type of in fringement where necessary, the penalties and 
other remedies that may be imposed: 
  - imprisonment; 
 - monetary fines; 
 - seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production; 
 - other. 
 
 In cases stated in Articles 158, 159 and 197 of  the Criminal Code on intellectual property 
rights, the types of penalties envisaged in those Articles shall be applied. 
Article 158.  Infringement of Co pyright and Neighbouring Rights. 
1. If the illegal use of the object of copyright and adjacent rights or appropriation of 
authorship has caused large damage it shall be  punished with a fine in the amount of 200 
to 400 times of the minimal salary or correctional labour for up to 1 year, or with 
imprisonment for the term of up to 2 years.  
2. In terms of this Article, by large damage is meant the amount (value) exceeding 500 times 
the minimal salary at the moment of crime committal.  
  Article 159.  Infringement of a Patent Right. 
Illegal use of the object of a patent right or dissemination of essential information on the 
essence of the object before the official recognition of patent rights without the consent of the IP/N/6/ARM/1 
Page 16  
 
 applicant, or appropriation of authorship or enfo rcing co-authorship, is punished with a fine in 
the amount of 200 to 400 times the minimal salary,  or with imprisonment for a term of up 
to 2 years. 
 Article 197.  Illegal Use of Trademark. 
If the illegal use of a trade mark, service mark, na me of firm has caused large damage it shall 
be punished with a fine in the amount of 300 to  500 times the minimal salary, or correctional 
labour for up to 2 years or with impris onment for a term of up to 2 months. 
25. Describe provisions governing the length and any cost of proceedings.  Provide any 
available data on the actual duration of  proceedings and their cost, if any. 
 
 The duration of criminal proceedings is not defined. 
As for the court costs, that issue shall be regulated by the following Articles of the Civil 
Procedure Code of the Republic of Armenia: 
Article 168.  Court Costs 
1. Court costs include the amounts of money: 
1) Paid to the injured as an indemnity of  damages caused to him in the result of 
crime; 
2) Paid to the injured, the specialist, the expert, for summoning the witness, as an 
indemnity of per diem allowance; 
3) Given to a specialist, translator or expert as payment; 
4) Paid to the assigned defense attorney; 
5) Spent on preservation, forwarding and examination of the material evidence; 
6) Spent on intelligence run by criminal prosecution bodies; 
7) Spent on compensation of the cost of ite ms which have been spoiled or destroyed 
during the examination, criminal proceeding or other similar expenses; 
8) Spent on other measures necessary for carrying out the proceeding of the 
corresponding criminal case. 
2. Court costs shall be paid from the State B udget, if not specified otherwise in the present 
Code. 
Article 169.  Charge of the Court Costs  
1. Court costs mentioned in paragraph 1-6 of th e first part of Article 168 of the present Code 
may be imposed on the accused by the court. 
2. Court shall have the right to partially or  in whole exempt the accused from paying court 
costs charged as the state revenue, if the accused is  insolvent or if the payment of court costs 
may crucially affect the financial state of the dependents of the accused.  IP/N/6/ARM/1 
 Page 17 
 
 
 3. If several persons found guilty on the same criminal case the court costs shall be charged 
from each of them in the amount determined by  the court depending from the severity of their 
crime, terms of the verdict and financial state. 
4. In case of the under-age accused the court costs may be paid by his legitimate 
representatives. 
5. If the accused dies before the verdict comes in to legal force, the heirs of the accused shall 
not be responsible for his liability rela ted to the indemnity of court costs. 
 
__________