RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q4/LIE/1
2 December 1998
(98-4844)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION ON ENFORCEMENT
LIECHTENSTEIN1
The present document reproduces the introductory statement made by the delegation of
Liechtenstein, the questions put to it and the responses given in the review of legislation on
enforcement at the Council's meeting of 17-21 November 19972.
_______________
I. INTRODUCTORY STATEMENT
In order to be brief, I would like to give a very short summary of the Liechtenstein legislation
on enforcement.  In principle, I would like to refe r you to our responses to the Checklist of Issues on
Enforcement.3
Provisions on enforcement are contained in the Liechtenstein laws on intellectual property
which have been notified to the Council.  But I should add that the Liechtenstein Trademark Law has
been revised and that the new Trademark Act which has been published in the Liechtenstein LawGazette of 1997 and the respective new Ordinances will be notified shortly to the Council.  In the area
of patent protection, Liechtenstein and Switzerland constitute a common territory of protection.  As
stated in the last review session, the applicable law is the Swiss Patent Law.  Thus, regarding
enforcement of patent rights, Swiss law is applicable in Liechtenstein.
Other laws which contain provisions regarding enforcement of intellectual property rights
such as the Civil Procedure Code and the Penal Code are referred to in Liechtenstein's responses tothe Checklist of Issues on Enforcement.
3
You have asked us to outline significant changes of national legislation on enforcement which
have been undertaken in order to comply with the TRIPS Agreement in the field of enforcement.  The
Liechtenstein legislation did not need to be amended significantly.  Amendments had to be maderegarding border measures and provisional measures to achieve full compliance with the TRIPS
Agreement.  With regard to border measures, I would like to remind you that Liechtenstein and
Switzerland form a single customs territory under their bilateral customs treaty.
Let me raise just one other aspect:  according to our legal tradition, public international law
and international treaties (for instance the TRIPS Agreement) are an integral part of national law and
                                                     
1 As regards laws and regulations relevant to the area under review and notified by Liechtenstein under
Article 63.2 of the Agreement, reference is made to documents IP/N/1/LIE/1, IP/N/1/LIE/E/1 and IP/N/6/LIE/1.
2 The minutes of this meeting have been circulated as document IP/C/M/16.
3 Document IP/N/6/LIE/1.IP/Q4/LIE/1
Page 2
courts will interpret national law in accordance with international obligations.  Self-executing
provisions of the TRIPS Agreement which are inter alia  to be found in the enforcement provisions
would be applied directly by courts if there were no such provisions in national law.
II. REPLIES TO QUESTIONS POSED BY JAPAN
1. Please indicate the "competent authoritie s" stipulated in Article 51 of the TRIPS
Agreement.
According to Article 45 of the Trademark Ordinance (LGBl.4 1997/77), which is not only
relevant in the field of trademarks, but also in the fields of copyright and related rights, industrial
designs and topographies of integrated circuits, the competent authorities are the Office of National
Economy in Vaduz or, in urgent cases, the competent customs offices at the border of the
Swiss-Liechtenstein Customs Union.
2. Please explain whether "proceedings leading to a decision on the merits of the case"
stipulated in Article 55 of the TRIPS Agreement, are judicial or administrative.
"Proceedings leading to a decision on the merits of  the case" as stipulated in Article 55 of the
TRIPS Agreement are usually judicial proceedings.
3. Are there any ways other than  the application stipulated in Articles 51 and 52 of the
TRIPS Agreement (hereafter referred to as "t he Application") which enable a right holder to
request the competent authorities to suspend the release of the goods which infringe intellectual
property rights or which are suspected to  infringe intellectual property rights?
Proceedings according to Articles 51 and 52 of the TRIPS Agreement have been implemented
in Liechtenstein law as "measures relating to import and export".  Of course there are provisional
measures and/or injunctions according to Article 270 et seq. Execution Act (EO, LGBl., 1972/32/2),
respectively, as stated in Liechtenstein's answer to question 10 of the Checklist of Issues on
Enforcement.5
4. Please explain what term your country regards  as "a reasonable period within which the
competent authorities shall inform the applic ant whether or not they have accepted the
Application" stipulated in Article 52 of the TRIPS Agreement.
Normally according to the common administrative practice, the competent authorities shall
inform the right holder immediately after receipt of his/her application, especially in cases of urgent
applications, where the right holder will probably enter into contact with the customs authority
directly (e.g. by telephone).
5. Please explain the term during which the Application is effective.
According to Article 45 of the Trademark Ordinance, the term during which the application is
effective is two years, if not required for a shorter term.  It may be extended upon further application.
6. Please explain whether a right holder is obliged to pay any fees to lodge the Application.
Article 47 of the Trademark Ordinance stipulates that fees are to be paid according to the
(Swiss) tariff of the customs authority, if applicat ions are lodged with the customs authority.  The
                                                     
4 Liechtenstein Law Gazette (year)/(number).
5 Document IP/N/6/LIE/1.IP/Q4/LIE/1
Page 3
Liechtenstein Office of National Economy, which is th e addressee in all other cases (cf. the answer to
question 1 above) may levy fees for its activities according to the Liechtenstein Ordinance on the
levying of fees by the Government and the Offices (LGBl., 1995/198).
7. Please indicate provisions of laws and ordinances which prescribe the "proceeding
leading to a decision on the merits of the case " stipulated in Article 55 of the TRIPS Agreement,
and please summarize their contents.
In general all civil, penal or administrative judicial procedures provided for in the legislation
on intellectual property rights are proceedings leading to a decision on the merits of the case as
stipulated in Article 55 of the TRIPS Agreement.  An exception is made, of course, with regard to
interim injunctions and other procedures requiring immediate action.
Proceedings leading to a decision on the merits of the case are the following:Regarding trademarks it is possible to take legal action for:
- a declaratory judgement;- the transfer of the trademark;- the performance (to prevent imminent infringement;  to remove existing
infringement;  to force the possible infrin ger to name the origin of the infringing
goods);
- damages;
- penal sanctions.
Regarding patents it is possible to take legal action for:
- the performance (to prevent imminent infringement;  to remove existing
infringement);
- damages;
- a declaratory judgement;- penal sanctions.In the field of copyright, legal action may be taken regarding the legally sanctioned
infringements of the copyright (illicit publication;  sending;  performance; etc.).6
The same applies, in principle, in proceedings regarding industrial designs and unfair
competition.
8. Please explain the specific procedure, if any, to be applied to the goods which are not
evident whether or not they infr inge intellectual property righ ts, in Article 55 of the TRIPS
Agreement.
                                                     
6 For details, cf. Liechtenstein's responses to the Checklist of Issues on Enforcement (document
IP/N/6/LIE/1 pp. 2-3 and 8).IP/Q4/LIE/1
Page 4
There is no specific procedure.
9. Please explain the responsibility that th e competent authorities and other related
authorities take to the right holders when they fail to suspend the release into free circulation of
goods which infringe intellectual property rights  with regard to the suspension based on the
Application or the Ex Officio Action stipul ated in Article 58 of the TRIPS Agreement.
In specifying Liechtenstein's answer to question 7 of the Checklist of Issues on Enforcement,7
Article 3 of the State Liability Act (AHG, LGBl., 1966/24) expressly states the liability of public
authorities out of unlawful actions.  According to Article 5 AHG, exemptions are given if the right
holder by his/her own negligence did not appeal or otherwise use legal steps open to him/her.
Furthermore, these claims against public authorities are granted to foreigners only if there isreciprocity which has to be expressly stated by the other State.
10. Please explain the responsibility that th e competent authorities and other related
authorities take to the right holders when they examine goods which infringe intellectual
property rights and nevertheless release them in to free circulation with regard to the suspension
based on the Application or the Ex Officio Ac tion stipulated in Article 58 of the TRIPS
Agreement.
See the answer to question 9.
11. Please explain the responsibility that th e competent authorities and other related
authorities take to the importer s when they suspend the release into free circulation of goods
which do not infringe intellectual property rights with regard to the suspension based on the
Application or the Ex Officio Action stipul ated in Article 58 of the TRIPS Agreement.
See the answer to question 9.
12. Is the right holder informed of identities  of the importer and consignors when the
competent authorities "suspend" the goods which in fringe intellectual property rights or which
are suspected to infringe intellectual property ri ghts, as well as the case where the right holder
is informed of identities of the importers and the consignors stipulated in Article 57 of the
TRIPS Agreement.
If the customs authorities have detained goods suspected of infringing intellectual property
rights, they have to inform the right holder about all details to give him the opportunity to lodge a
claim.  This includes the detailed declaration of the goods and of all relevant information about
persons involved in such a dealing (Article 70, Trademark Act, LGBl. 1997/60).
13. Please explain the measures to protect conf idential information in the course of the
inspection stipulated in Article 57 of the TRIPS Agreement.  And please indicate provisions of
laws and ordinances which prescribe such measures.
Courts may exclude the public based on § 172 ZPO (Civil Procedure Code, LGBl. 1912/9/1)
which gives the judge the right to exclude the public if this would endanger the fact finding of the
court.  Detailed protection of confidential information is stated in Article 16 of the Unfair
Competition Act (LGBl. 1992/121).  The same applies to industrial designs (Article 21 of the Act on
Designs and Models, LGBl. 1928/14), trademarks (A rticle 36 paragraph 3, of the Trademark Act) and
for patents according to Article 68 of the (Swiss) Federal Patent Act.  Confidentiality regarding
                                                     
7 Document IP/N/6/LIE/1.IP/Q4/LIE/1
Page 5
copyright can only be required for information about the company and is then protected by §§122
and 123 of the Penal Code (LGBl. 1988/37).
14. Please explain the procedures of detentions and seizures to be ordered by the competent
authorities based on Articles 51 and 55 of the TRIPS Agreement.
The application filed with the Office of National Economy, as mentioned in the answer to
question 1 will be forwarded to the customs office in charge (border control office at the place of
entry of the goods suspected to infringe rights).  In  cases of urgency the application will be addressed
directly to that customs office.  This office will be responsible to seize and detain the goods in
question.
15. Please explain the procedures to appeal aga inst any decision ordered by the competent
authorities based on Articles 51 and 55 of the TRIPS Agreement.
The decisions of the customs offices are definitive.  Theses decisions are of (super-)
provisional character.  A prolongation over the ten days (with the possibility to obtain an additionalten days) provided for in the law is only possible if a civil or penal procedure has been initiated.
Appeals against the court decisions are available as in all civil or penal judicial procedures.
16. Please explain the basis for calculating the security or equivalent assurances stipulated
in Article 53 of the TRIPS Agreement that the competent authorities m ay require an applicant
when they suspend the relea se into free circulation.
The security or equivalent assurance is subject to the discretionary decision of the authority.
It will be calculated according to the possible and foreseeable damage the withholding of the goods
might cause and the costs of the procedure.
17. Please explain who shall pay the cost of detention based on Article 51 of the TRIPS
Agreement or destruction stipulated in Article 59 of the TRIPS Agreement.
Generally, the infringer has to bear the costs of detention or destruction.
18. Please explain what kind of cases are regar ded as "the exceptional circumstances" in
which the competent authorities may allow re-exportation of counterfeit trademark goods
stipulated in Article 59 of the TRIPS Agreement.
There is no provision in this respect.
19. Please indicate which intellectual property rights are protected based on the application
by a right holder.
All goods infringing patents, copyrights and related rights, trademarks and geographical
indications, topographies and industrial designs are subject to the protection.  The LiechtensteinParliament is actually dealing with respective provisions regarding industrial designs.
20. Please explain kinds and contents of documents which shall be provided by the applicant
to lodge the application.
The application is not required to be in writing;  oral application, especially in urgent cases
may be sufficient.  Nevertheless the application must be precise and concrete.IP/Q4/LIE/1
Page 6
III. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
General obligations
1. Please describe briefly the procedure that mu st be followed by a foreign party to initiate
an enforcement procedure in each of the co urts identified in response to question 1 in
IP/N/6/LIE/1 and cite th e legal authorities establishing those procedures.
Civil judicial procedures are initiated by an application to an institutional arbitrator
(Vermittler ).  If the parties cannot be reconciled, the institutional arbitrator has to issue a paper
leading to the procedure ( Leitschein ).  This paper has to be handed in with the written claim to the
court of first instance ( Landgericht ).  Access to the other courts (Courts of Appeals and Supreme
Court) is only given by way of an appeal against the sentence of the court of first instance or arecourse to the decision of the Court of Appeals (VAG [Institutional Arbitrator's Act,
Vermittleramtsgesetz , LGBl. 1916/60)] § 18, 74 respectively §§ 223, 431 and 471 ZPO [Civil
Procedure Code, LGBl. 1912/9/1]), respectively.
2. Please identify any requirements that a foreign party must meet to initiate an
enforcement proceeding in the courts that is  not required of a national or resident of
Liechtenstein and cite the legal auth orities providing for those differences.
According to § 57 ZPO foreign parties will have to pay a security covering the costs of the
court and the lawyer's fees of opposite parties in case the decision will not be met in favour of theapplicant.
3. Please explain any provisions in the enfo rcement system in Liechtenstein that ensure
expeditious remedies.  In addition, please explain what provisions are available to prevent
deliberate delays by the parties to a proceeding and indicate the circumstances in which suchprovisions will be applied.
Within regular civil judicial procedures every step has to meet a certain time-limit.  The
relevant act needs to be executed within this term.  If money is owed and a right holder has a written
signature of the defendant, he may profit from an accelerated proceeding ( Rechtsöffnungsverfahren ,
Articles 49-53 RSO, LGBl.. 1923/8).  Upon applica tion of the opposite party or ex officio by the
judge, deliberate delays will be sanctioned by the latter (§ 179 ZPO) or upon application to examinenew proofs (§ 278 ZPO).  Should an attorney be responsible for such delays, he may be fined by the
judge (§ 179, paragraph 2 ZPO).
4. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case
preferably be in writing, the better to determin e the reasoning on which the decision is based.
Please state whether judges must render their deci sions in writing and cite any legal authorities
requiring such written opinions.
Decisions generally have to be rendered in writing (§ 414 Abs. 2 ZPO) although they may
have been pronounced orally beforehand.  The written decision needs to contain:
(a) the name of the court and the names of the judges having assisted;(b) the details of the parties;
(c) the sentence;
(d) the facts;  andIP/Q4/LIE/1
Page 7
(e) the merits (§ 417 ZPO).
5. Article 41.3 also requires that decisions on the merits of the case be based only on
evidence in respect of which parties had an opportunity to be heard.  Please describe whatfactors may be considered by a judge in rendering a decision and cite the legal authorities
establishing the basis on which judges may reach decisions.
The Liechtenstein civil procedure provides for an oral hearing on evidence (§ 258 ZPO).  The
party failing to be present in court will not be heard on its comments on the opposite parties' evidence
(§ 396 ZPO).
6. Article 41.4 obligates WTO Members to provid e for judicial review of certain judicial
decisions in intellectual property enforcement  proceedings.  Please describe what legal
limitations, if any, are placed upon the ability of  a party to an intellectual property enforcement
proceeding to have both procedural rulings and final decisions reviewed by a separate judicial
authority, and cite the legal author ities providing for such reviews.
In general, there are no limitations to the review of judicial decisions in intellectual property
enforcement proceedings (cf. the answer to question 1).
Civil and administrative procedures and remedies
7. Article 42 requires that defendants be notifi ed of intellectual property enforcement
proceedings brought against them.  Please de scribe the procedures followed for notifying
defending parties regarding proceedings that have been initiated against them, indicate the
information provided regarding the proceeding and cite the legal authorities establishing theseprocedures.
In civil procedures, the law requires that the defendant be handed over an official document
of the court including a copy of the statement of the claim or a protocol of the orally presented claim
(§ 249 ZPO).  The same applies in administrative procedures (Article 44 LVG [Administrative
Procedure Code, LGB1. 1922/24]).
8. Article 42 requires, with one narrow exception , that there be a means to identify and
protect confidential information during judicial and administrative intellectual property
enforcement proceedings.  In IP/N/6/LIE/1, Liech tenstein indicates that such means are not
actually available in proceedings in Liechtenste in.  Please indicate in what way the law of
Liechtenstein conforms to the requirements of Article 42.
It is the Civil Procedure Code which does not provide expressly for the protection of
confidential information during judicial and administrative intellectual property enforcement
proceedings.  Nevertheless, courts may exclude the public based on § 172 ZPO which gives the judge
the right to exclude the public if this could endanger the fact finding of the court.  Detailed protectionof confidential information is stated in Article 16 of the Unfair Competition Act (LGBl. 1992/121).
The same applies to industrial designs (Article 21 of the Act on Designs and Models, LGBl. 1928/14),
trademarks (Article 36, paragraph 3 of the Tradem ark Act, LGBl. 1997/60) and for patents according
to Article 68 of the (Swiss) Federal Patent Act.  It  goes without saying that confidentiality regarding
copyright can only be required for information about the company.  Such information is protected by§§ 122 and 123 of the Penal Code or by the provisions on secrecy according to Article 16 of the
Unfair Competition Act.IP/Q4/LIE/1
Page 8
9. Article 43.1 of the TRIPS Agreement requires that judicial officials be able to order a
party to an intellectual property enforcement  proceeding to produce relevant evidence in that
party's control identified by the opposing party when the latter party has presented reasonable
available evidence in support of its claims.  IP/N/6/LIE/1 lists a number of exceptions, several of
which seem very broad.  Please describe in grea ter detail, giving examples, what is included in
each of the exceptions.
The exceptions mentioned in Liechtenstein's answer to question 3 of the Checklist of Issues
on Enforcement8 are to be interpreted restrictively in the present context.  The exceptions listed under
(b) therein are the general exceptions of civil procedure and may, however, not collide with the duty
to act bona fide  (Article 2 SR [Property Act, LGBl. 1923/4 ]).  Therefore, the "family matters" are not
likely to be relevant in intellectual property rights proceedings.  An example for this exception wouldbe the right not to disclose the father of an unmarried woman's child.  The exception regarding
obligations of honour are to be valued alike.  In civil procedures, parties cannot be forced to disclose a
document which would be to his/her or a third party's detriment (e.g. the risk to initiate a penal
proceeding based on this release).  The wording "if by presenting the document the party would
violate its duty to observe secrecy" means cases where e.g. an employee would be forced to discloseconfidential papers of his employer with regard to which he has to observe secrecy.
However, the refusal to present a document may be valued by the judge freely and will, in
practice, often be interpreted to the disadvantage of the refusing party.
10. Article 44.1 requires that judicial officials be able to enjoin or otherwise prevent
infringing activity by a party, including by preventing the entry of infringing goods into the
channels of commerce in their jurisdiction.  IP/N/6/LIE/1 describes the remedies available in
connection with copyright but does not address the other forms of intellectual property covered
in Part II of the TRIPS Agreement.  Please descri be the authority of the judges to order parties
to stop infringements and other violations of  intellectual property rights and to prevent
infringing goods from entering the channels of commerce, providing the legal citations.
The same as outlined under Liechtenstein's response to question 5 of the Checklist of Issues
on Enforcement
8 for copyright applies for trademarks (Articles 50-60 Trademark Act), industrial
designs (Articles 24-33 Act on Designs and Models) and patents (Articles 66-86 Swiss Federal Patent
Act).  Regarding infringements and other violations of other intellectual property rights, theprovisions of the Unfair Competition Act Apply (Article 9 et seq .).
11. Article 44.2 provides an exception to the requirement in paragraph 1 for government
use or use by third parties authorized by the government, limiting the remedy for infringement
to payment of adequate remuneration as provided  in Article 31(h).  Please describe any such
limitations on remedies in the laws of Liechten stein and cite the legal authorities providing for
those limitations.
The Copyright Act (LGBl. 1928/12) provides for an official licence to record musical works
and their text (Articles 17-19).  The same applies for the sending by cable (Article 11 of theOrdinance on certain rights regarding intellectual property).  Both exceptions are likely to be
abolished according to the draft of the new Liechtenstein Copyright Law.
12. Article 45.1 requires that judicial officials be able to order an infringer to pay the right
holder damages adequate to compensate for the injury caused by  the infringement.
IP/N/6/LIE/1 describes the remedies available in connection with copyright, but does not
address the other forms of intellectual propert y covered in Part II of the TRIPS Agreement.
                                                     
8 Document IP/N/6/LIE/1.IP/Q4/LIE/1
Page 9
Please describe the authority of the judges to order a party found to be infringing or otherwise
violating intellectual property rights to pay th e right holder damages adequate to compensate
for the injury caused by the infringement.  Plea se explain the factors considered in establishing
the amount of the compensation and cite the legal authorities authorizing such compensation
orders.
Damages are payable:
- regarding trademarks according to Article 53, paragraph 2 of the Trademark Act;- regarding industrial designs according to Article 24 of the Act on Designs and
Models;
- regarding patents according to Article 73 of the Swiss Federal Patent Act;- regarding layout-designs and other relevant rights according to Article 9, paragraph 3
of the Unfair Competition Act.
According to § 273 ZPO, the amount of the co mpensation is valued freely by the judge who
will, however, observe the amounts paid for a licence according to the specific cause.
13. Article 46 requires that judges be authorized  to order, in certain circumstances, other
remedies, including disposal of goods outside co mmercial channels or destruction of goods and
destruction of materials and implements the predominant use of which is the creation of
infringing goods.  IP/N/6 /LIE/1 describes the remedies avail able in connection with copyright,
but does not address the other forms of intellect ual property covered in Part II of the TRIPS
Agreement.  Please describe the additional remedies available under the laws of Liechtenstein,the circumstances in which such authority wi ll be exercised, the factors considered in
determining the nature of the remedies provided,  and cite the legal authorities providing for
such remedies.
Within the civil proceeding, judges may order the defendant to remove any obstacle to the
right of the right holder, i.e. by confiscating infringing products (Article 53 of the Trademark Act;
Articles 28 and 29 of the Act on Designs and Models, Article 69 of the Swiss Federal Patent Act andArticle 9, paragraph 1 lit. (b) Unfair Competition Act).  Furthermore, such orders may be published
(Article 58 Trademark Act, Article 30 Act on Designs and Models, Article 70 Swiss Federal Patent
Act and Article 9, paragraph 2 Unfair Competition Act).
14. Article 48.2 permits WTO Members to exempt public authorities and officials from
liability from remedies only where their acti ons were taken or intended in goods faith in
carrying out their responsibilities under the law.  Please explain any exemption provided to
public authorities and officials from liability for abuse of enforcement procedures, describe the
circumstances in which such limitations would no t apply, and cite the legal authorities granting
such exemptions.
In specifying Liechtenstein's answer to question 7 of the Checklist of Issues on Enforcement,
9
Article 3 of the State Liability Act expressly states the liability of public authorities out of unlawful
action.  According to Article 5, exemptions are given if the right holder by his/her own negligence did
not appeal or otherwise use legal steps open to him/her.  Furthermore, these claims against publicauthorities are granted to foreigners only if there is reciprocity which has to be expressly stated by the
other State.
                                                     
9 Document IP/N/6/LIE/1.IP/Q4/LIE/1
Page 10
Provisional measures
15. Article 50.2 requires that judicial authorities be authorized to grant provisional
remedies when there is a "demonst rable risk of evidence being destroyed."  IP/N/6/LIE/1 refers
to the grant of interim injunctions "if and when it is to be anticipated that in their absence the
prosecution ... of the claim in question migh t be rendered very difficult or altogether
impossible."  It is not clear if this includes the issue of injunctions in order to prevent the
destruction of evidence.  Please state whether su ch interim injunctions are available to protect
evidence and describe briefly what factors ar e considered by the competent authorities in
determining when there is a "demonstrabl e risk of evidence being destroyed."
The securing of evidence can be obtained either during the proceeding ex officio or on the
application of one of the parties (§§ 183 and 184 ZPO).  Injunctions can be ordered to prevent the
destruction of evidence previous to or within an ongoing civil proceeding (Article 279 in connection
with Articles 256-262 EO [Execution Act, LGBl. 1972 /32/2]).  As to the reasons there are mainly
two:  there must be an objective endangering to rise  in the future or there must be a legal interest of
the right holder to establish the actual condition of evidence.
16. Article 50.3 requires that judicial authorities be authorized to provide for a security or
equivalent assurance to protect the defendant. Do  the judicial authorities in Liechtenstein have
such authority and, if so, please cite the applicable law or regulation.
According to Article 283 EO, the judge or the c ourt are authorized to provide for security.
Special requirements related to border measures
17. Please explain whether producers, permissible under Article 51 of the TRIPS
Agreement, are available to stop the export of goods suspected of infringing copyrights and/or
trademarks.
According to Article 70 of the Trademark Act customs authorities may stop the export of
goods suspected of infringing trademarks during a delay of ten days to give the holder the opportunity
to lodge a claim.  This delay may upon request be prolonged for another ten days.  The same appliesto the export of goods suspected of infringing copyrights and to topographies (Article 19 lit. c of the
Ordinance on certain rights regardin g intellectual property, LGBl. 1996/31).
18. Article 55 provides that a review is to take place within a reasonable time at the request
of the defending party to determine if the susp ension measures should be modified, revoked or
confirmed pending the outcome of the proceeding on  the merits.  Please identify the forum that
is authorized to conduct such a review and describe the procedure and cite the applicable law or
regulations.
If the right holder does not react within the period indicated above (cf. the reply to
question 17), the suspension measures will be revoked automatically.  If a claim has been lodged by
the right holder, the modification, revocation or confirmation of the suspension measures has to be
dealt with according to the local laws.  As Liechtenstein has a common customs territory with
Switzerland, there are additionally 27 Swiss Civil Procedure Codes covering this question.  As far as
Liechtenstein is concerned, the court dealing with the main proceeding has to decide on such requestsof the defending party (Article 291 EO).
19. Article 57 requires that the competent author ities be able to authorize the right holder
to inspect the detained goods in order to substantiate the claims.  Please explain how rightIP/Q4/LIE/1
Page 11
holders are provided an opportunity to insp ect suspect goods that have been detained by
customs authorities.
According to Article 46 of the Trademark Ordinance (LGBl. 1997/77), the right holder has
the right to inspect goods detained by the customs authorities.
20. Article 57 also requires that, where the decisi on on the merits favours the right holder,
the competent authorities also may be given au thority to give the right holder information
regarding the importer, consignee or consignor.  If competent authorities in Liechtenstein can
provide information regarding the importer, consignee or consignor, importers and consignees
and quantities of goods are provided to the applican t after a positive decision of infringement is
made, e.g., authorities automatically providing information or by submission of a writtenrequest from the right holder, etc.  Please cite  the law or regulations providing such authority.
If the customs authorities have detained goods suspected of infringing intellectual property
rights, they have to inform the right holder about all details to give him the opportunity to lodge a
claim.  This includes the detailed declaration of the goods and of all relevant information aboutpersons involved in such dealing (Article 70, Tr ademark Act, which is relevant for the other
intellectual property rights as well).
21. Article 59 identifies the remedies that are to be available, including destruction or
disposal of infringing goods outside the stream of commerce.  Please explain what the law in
Liechtenstein permits regarding the disposition of  infringing goods, i.e. does the law allow for
destruction, disposal or both.  Please cite t oo the law or regulations providing such authority.
In general, the court of first instance ( Landgericht ) is not only competent to decide on
confiscation, but also to decide upon destruction or disposal of goods infringing intellectual propertyrights.
Liechtenstein law allows the destruction or disposal regarding trademarks (Articles 55 and 66
of the Trademark Act), regarding copyright (Article 53 of the Copyright Act) and regarding industrial
designs (Article 29 of the Act on Designs and Models).
Regarding patents, Article 69 of the Swiss Federal Patent Act is applicable.
22. Article 60 permits Members to exclude from the provisions for border enforcement
small quantities of goods of a non-commercial nature carried by passengers or sent in small
consignments.  Please describe what constitutes a de minimis  import that is excluded from the
border measures under the law of Liechtenstein.
Import of goods by persons travelling intended to serve for personal use or as a gift may
constitute a de minimis  import.  This is, however, not the case  if such imports might be released into
the stream of commerce.  Due to the common custom s territory with Switzerland, this is determined
by Swiss law.
23. Article 61 requires that criminal penalties be sufficient to provide a deterrent at least for
wilful trademark counterfeiting and copyright piracy.  Please explain how the penalties
provided under the law of Liechtenstein comply with that obligation.
Liechtenstein's answer to question 24 of the Checklist of Issues on Enforcement
10 remains
unchanged except for trademarks.  Infringers of trademarks are generally punished with penalties of
                                                     
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up Sw F 360 000.  If the infringement is committed professionally, the punishment may be
imprisonment of up to three years.  If the use of trademarks is committed in a fraudulent manner, the
punishment is imprisonment of up to three years and, if committed professionally, up to five years.
Minor infringements are to be punished by a fine up to Sw F 20 000.
[Follow-up questions from the US]
1. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, inte grated circuit layout-design and trade secret
enforcement for each of the years 1996 and 1997, including the number of cases filed;
injunctions issued; infringing products seized; infringing equipment seized; cases resolved
(including settlement); and the amount of damages awarded.
For the time being, there are no statistics distinguishing sharply the different types of
intellectual property cases from the formal type of litigation (i.e. execution, claim, penal, etc.).  Sincenot all cases are published, it is not possible to give a comprehensive overview.
Nevertheless, some figures can be provided.  They show the published cases and – as far as
available – unpublished cases.
Patent Copyright Trademarks and
geographical
indicationsIndustrial Designs
P u b l i s h e d6141
Other - 2 - -
2. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1996 and 1997, including the
number of raids, prosecutions, convictions and the amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actu ally served or was suspended)
and any other information establishing that your criminal system operates effectively to deter
copyright piracy and trademark counterfeiting.
See the reply to follow-up question 1.
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