RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q4/FIN/1
27 August 1998
(98-3319)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION ON ENFORCEMENT
FINLAND1
The present document reproduces the introductory statement of the delegation of Finland, the
questions put to it and the responses given in the re view of legislation on enforcement at the Council's
meeting of 17-21 November 1997.2
_______________
I. INTRODUCTORY STATEMENT
General remarks
In Finland infringement proceedings concerning intellectual property rights are conducted in the
competent court of first instance.  The competent courts for each intellectual property right are described
in detail in our answers to the United States and Japan as well as in our answers to the Checklist of Issues
on Enforcement.3  Decisions of the first instance court in intellectual property right infringement cases
may be appealed to the Court of Appeal and further to the Supreme Court.  The procedures for initiating
an enforcement procedure in the court are the same for a foreigner as they are for a Finnish citizen.
In general in Finland fees charged by the competent court to file legal actions and to pursue such
actions once initiated are low.  For example, the trial fee at a first instance court varies from Fmk 350 to
Fmk 1 000 which is about US $100 to US$250.  The general rule concerning the costs in civil proceedings
is that the party which loses the case shall reimburse his counterpart for the litigation expenses.  The
compensation shall fully cover the expenses for the preparation and presentation of the action, including
attorney's fees, to the extent that the expenses can reasonably be justified for the protection of the party'sinterests.  Expenses are not ordered ex officio:  the party which wishes to have his expenses covered must
make a claim to this effect during the proceedings.
As to the duration of the proceedings, the court may set time limits to the parties for presenting
their evidence and argument.  The course of proceedings and the time limits are prescribed in the Code ofProcedure.
According to the relevant intellectual property rights legislation the court may forbid the person
infringing the intellectual property right to continue or repeat the infringement.  It is also possible to
pursue an independent action for an injunction.
                                                     
1 As regards laws and regulations relevant to the area under review and notified by Finland under
Article 63.2 of the Agreement, reference is made to documents IP/N/1/FIN/1 (Annex II) and IP/N/6/FIN/1.
2 The minutes of this meeting have been circulated as document IP/C/M/16.
3 Document IP/N/6/FIN/1.IP/Q4/FIN/1
Page 2
Border measures
An application for a request to suspend release of suspected infringing goods can be made to the
National Board of Customs.  The application can be lodged by the holder of the right or a person
authorised to use those rights or an authorised representative.
The competent authority responds to a request for suspension of release of goods within two to
three days provided that there is no need for further information.  In other words applicants will be
informed immediatelly.  The period of protection will be that requested by the applicant.  The period may
be extended if a request in writing to this effect is made during the original period of protection.
The competent authorities (that is, all the customs offices) are empowered to act ex officio in
respect of goods which are counterfeit or pirated.
II. REPLIES TO QUESTIONS POSED BY JAPAN
1. Please indicate the "competent authorities" stipulated in Article 51 of the TRIPS
Agreement.
Decisions concerning requests for suspension of release of suspected infringing goods are
made by the National Board of Customs.  An application for suspension can be lodged by the holderof the right or a person authorised to use those rights or an authorised representative.
(Council Regulation (EC) No. 3295/94 Article 3;  Customs Act No. 1466/1994, Section 4)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 concerning the question whether an infringement of an intellectual property
right has taken place and remedies thereof are conducted in the competent court of first instance.
3. Are there any ways other than the application stipulated in Articles 51 and 52 of the
TRIPS Agreement (hereafter referred to as "the Application") which enable a right holder torequest the competent authorities to suspend the release of the goods which infringeintellectual property rights or which are suspected to infringe intellectual property rights?
There are no other ways in civil procedures.  The right holder can however make a request
to start criminal procedures, which can lead to the suspension of the release of the goods.
4. Please explain what term your country regards as "a reasonable period within which
the competent authorities shall inform the applicant whether or not they have accepted theApplication" stipulated in Article 52 of the TRIPS Agreement.
The competent authority responds to a request for suspension of release of goods within two
to three days provided that there is no need for further information.  In other words, successfulapplicants will be informed immediately.
5. Please explain the term during which the Application is effective.IP/Q4/FIN/1
Page 3
When lodging the Application the applicant has to specify the term during which the
application is effective.  The applicant can also make a request that the Application is effective untilfurther notice.
6. Please explain whether a right holder is obliged to pay any fees to lodge the
Application.
There are no administrative fees for the right holder to pay to lodge the Application.
7. Please indicate provisions of laws and ordinances which prescribe the "proceedings
leading to a decision on the merits of the case" stipulated in Article 55 of the TRIPSAgreement. And please summarize their contents.
The Court of First Instance of Helsinki has the jurisdiction over cases concerning
infringements of industrial property rights.  Decisions of the First Instance Court in intellectualproperty right infringement cases may be appealed against to the Helsinki Court of Appeal andfurther to the Supreme Court in accordance with the ordinary civil judicial procedure.
The Market Court decides the matters that according to the Unfair Business Practices Act
fall under its jurisdiction, including injunctions in cases of infringement of rights concerningprotection of undisclosed information.  Decisions of the Market Court may be appealed against tothe Supreme Court according to the supplementary appeal procedure, whereby the provisions of theCode of Procedure (Chapter 31) are applicable.
In cases involving infringement of copyright the competent court is the court of first
instance of the habitual residence of the defendant ( forum domicilii ).  A specific forum on the basis
of the factual (substantial) connection is prescribed in Section 61 of the Copyright Act, according towhich the Court of First Instance of Helsinki has jurisdiction over cases concerning radio ortelevision broadcasts violating the Copyright Act.  The appellate court concerned is the HelsinkiCourt of Appeal.  A continuation of the appeal procedure in the Supreme Court requires leave toappeal.
(Trademarks Act No. 1964/7, Section 42; Patents Act No. 1967/550, Sections 65-67;
Design Protection Act No. 1971/221, Section 43; Act on the Exclusive Right to the Layout-Designof an Integrated Circuit No. 1991/32, Sections 42-43; Utility Model Act No. 1991/800, Sections43-44; Market Court Act No. 1978/41, Sections 1 and 16; Unfair Business Practices Act No.1978/1061, Sections 6-8; the Market Court Act No. 1978/41, Sections 1 and 16; Copyright Act No.1961/404, Section 61.)
8. Please explain the specific procedure, if any, to be applied to the goods which are not
evident whether or not they infringe intellectual property rights, in Article 55 of the TRIPSAgreement.
As explained above, the proceedings concerning the question whether an infringement of an
intellectual property right has taken place are conducted in the competent court of first instance, thedecision of which is consequently implemented by the customs authority.  If no infringement isfound to have taken place, the court will order the release of the goods.
9. Please explain the responsibility that the competent authorities and other related
authorities take to the right holders when they fail to suspend the release into free circulationIP/Q4/FIN/1
Page 4
of goods which infringe intellectual property rights with regard to the suspension based on the
Application or the Ex Officio Action stipulated in Article 58 of the TRIPS Agreement.
General provisions on the indemnification liability of the administrative authorities are given
in the Act on Damages and Tort Liability No. 1974/412.  The authorities are liable for damagesresulting from wilful or negligent erroneous exercise of the public authority.  In general, theliability may extend wholly or partially even to individual functionaries on the basis of vicariousliability, except for cases of only slight negligence.
10. Please explain the responsibility that the competent authorities and other related
authorities take to the right holders when they examine goods which infringe intellectualproperty rights and nevertheless release them into free circulation with regard to thesuspension based on the Application or the Ex Officio Action stipulated in Article 58 of theTRIPS Agreement.
See the answer to question 9.
11. Please explain the responsibility that the competent authorities and other related
authorities take to the importers when they suspend the release into free circulation of goodswhich do not infringe intellectual property rights with regard to the suspension based on theApplication or the Ex Officio Action stipulated in Article 58 of the TRIPS Agreement.
See the answer to question 9.
12. Is the right holder informed of identities of the importers and consignors when the
competent authorities "suspend" the goods which infringe on intellectual property rights orwhich are suspected to infringe intellectual property rights, as well as the case where the rightholder is informed of identities of the importers and consignors stipulated in Article 57 of theTRIPS Agreement?
According to provisions of Regulation 3295/94 the customs authorities shall, at the request
of the owner of the right, inform him about th e person who has submitted the customs declaration
and the receiver of the goods, if his identity is known.
13. Please explain the measures to protect confidential information in the course of the
inspection stipulated in Article 57 of the TRIPS Agreement.  And please indicate provisions oflaws and ordinances which prescribe such measures.
The publicity of documents and information produced by public authorities is regulated by
the Publicity of Official Documents Act No. 1951/83, according to which principally all documentsproduced and received by a public authority are available to the public.  A decree (No. 1951/650)based on that Act provides for certain exceptions from the general principle of free access todocuments.  According to the decree, documents containing information on activities relating tocustoms inspections and revealing private persons personal and economic relations are to be keptsecret unless the person in question gives his consent.
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.IP/Q4/FIN/1
Page 5
The procedures referred to in the question are explained in Finland's response to
question 16 of the Checklist of Issues on Enforcement.4
15. Please explain the procedures to appeal against any decisions ordered by the competentauthorities based on Articles 51 and 55 of the TRIPS Agreement.
The forum for review proceedings concerning the decisions of the National Board of
Customs in respect of applications for the suspension of the release of the goods is the SupremeAdministrative Court.  The rules applicable to the appeal procedure are contained in the newAdministrative Appeals Act (No. 586/1996).  The proceedings are largely conducted in writtenform but a hearing, if necessary, can be carried out, for example at the request of the partyconcerned.
16. Please explain the basis for calculating the security or equivalent assurance stipulated
in Article 53 of the TRIPS Agreement that the competent authorities may require an applicantwhen they suspend the release into free circulation.
At the moment no security or fee is required.
17. Please explain who shall pay the cost of detentions based on Article 51 of the TRIPS
Agreement or destruction stipulated in Article 59 of the TRIPS Agreement.
At the first stage the applicant shall bear the costs relating to the application.  A subsequent
decision by the court relating to the merits of the case may prescribe that the applicant shall becompensated by his counterparty who has lost the case for costs already occurred.
18. Please explain what kind of cases are regarded as "the exceptional circumstances" in
which the competent authorities may allow re-exportation of counterfeit trademark goodsstipulated in Article 59 of the TRIPS Agreement.
According to Regulation No. 3295/94 the re-export of goods, in the unaltered state, found
to be counterfeit or pirated, is never possible.
19. Please describe to what extent the amount of damages have been estimated by courts in
Finland since 1 January 1996.  Please explain whether the amount of damages is adequatecompensation for the injury the right holder has suffered, and how such civil procedures areconsistent with Article 45 of the TRIPS Agreement.  Please explain whether the damages theperson who infringes intellectual property rights is ordered to pay include appropriateattorney's fees and investigations expenses.
5
As regards the amount of damages estimated by courts, there is no data available on this
subject.  As explained in Finland's answer to question 5 of the Checklist of Issues on Enforcement,5
the amount of compensation for the injury caused by the intellectual property infringement is basedon a court's assessment, in which both the objective of material compensation as well as the specificcircumstances of the case are taken into account.  Coverable loss extends to all kinds of appraisableproperty damages, including litigation expenses.
                                                     
4Document IP/N/6/FIN/1.
5Reference is made to Finland's response to question 5 of the Checklist of Issues on Enforcement
(document IP/N/6/FIN/1).IP/Q4/FIN/1
Page 6
20. Under Section 5 of Chapter 7 of the Code of Procedure, precautionary measures shall
not be granted without reserving the opposition party an opportunity to be heard. The courtmay give a provisional decision ordering a precautionary measure at a request by theapplicant, if the purpose of the measure might be for settlement.
6  Please explain whether the
procedure is consistent with Article 50 of the TRIPS Agreement.
As explained in Finland's answer to question 11 of the Checklist of Issues on Enforcement,7
provisional measures may be granted by the court only after it has reserved the counterparty an
opportunity to be heard.  Nevertheless, the court may, at the request of the applicant for provisionalmeasures, grant provisional measures without reserving the counterparty an opportunity to be heardif the purpose of provisional measures might otherwise be jeopardized.  In such a case provisionalmeasures are valid only until otherwise prescribed by the court.
21. Chapters 49 and 30 of the Finnish Penal Code may as a penalty impose imprisonment
of maximum of two years.
8  Please explain whether the criminal remedies are consistent with
Article 61 of the TRIPS Agreement which requires provisions for a sufficient deterrent,consistently with the level of penalties applied for crimes of a corresponding gravity.
New criminal laws covering also penalties for violations of intellectual property rights
entered into force on 1 September 1995 (the Penal Code, Chapter 49).  The maximum penalty for aviolation of an intellectual property right is currently two years' imprisonment.  Nowadays thecriminality relating to intellectual property is quite low in Finland.  This can be taken as anindication that the penalties are of an appropriate standard.
III. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
General obligations
1. Articles 41.1 and 42 of the TRIPS Agreement require that procedures be available for
the effective enforcement of the intellectual property rights covered by the Agreement.  Pleasedescribe the structure of the judicial and administrative
9  procedures in Finland in which
parties can enforce their intellectual property rights, at local, provincial and national levels,
indicating the jurisdiction of each type of court or administrative body and explaining theinterrelationships, if any, of the various types of courts and administrative bodies.  Cite thelaws or other authorities establishing the structure, including each type of court andadministrative body.
The Court of First Instance of Helsinki has the jurisdiction over cases concerning
infringements of industrial property rights.  In cases of infringement of a patent, a utility model or a
right to the layout-design of an integrated circuit, the court is assisted by two technical experts.
Decisions of the First Instance Court in intellectual property right infringement cases may be appealed
against to the Helsinki Court of Appeal and furt her to the Supreme Court in accordance with the
ordinary civil judicial procedure.
                                                     
6 Reference is made to Finland's response to question 11 of the Checklist of Issues on Enforcement
(document IP/N/6/FIN/1).
7 Document IP/N/6/FIN/1.
8 Reference is made to Finland's response to question 24 of the Checklist of Issues on Enforcement
(document IP/N/6/FIN/1).
9These questions apply to both judicial and administrative enforcement of intellectual property rights
because of Article 49 of the TRIPS Agreement.IP/Q4/FIN/1
Page 7
The Market Court decides the matters that according to the Unfair Business Practices Act fall
under its jurisdiction, including injunctions in cases of infringement of rights concerning protection of
undisclosed information.  The ordinary appeal procedure does not apply to the decisions of the Market
Court.  The party on which a conditional fine has been imposed may, however, appeal against the
decision to the Supreme Court, as far as the amount of the fine is concerned.  Decisions of the MarketCourt may be appealed against to the Suprem e Court according to the supplementary appeal
procedure, whereby the provisions of the Code of Procedure (Chapter 31) are applicable.
In cases involving infringement of copyright th e competent court is the court of first instance
of the habitual residence of the defendant ( forum domicilii ).  The legal venue is thus determined
according to general provisions of the Code of Procedure concerning jurisdiction in civil litigation.
Prorogation of jurisdiction is allowed in civil copyright cases.  Certain additional provisionscomplementing the forum domicilii  principle are also given in the Code of Procedure.  A specific
forum on the basis of the factual (substantial) connection is prescribed in Section 61 of the Copyright
Act, according to which the Court of First Instance of Helsinki has jurisdiction over cases concerning
radio or television broadcasts violating the Copyright Act.  The appellate court is the Helsinki Court
of Appeal.  A continuation of the appeal procedure in the Supreme Court requires a leave to appeal.
(Trademarks Act No. 1964/7, Section 42;  Pa tents Act No. 1967/550, Sections 65-67; Design
Protection Act No. 1971/221, Section 43; Act on th e Exclusive Right to the Layout-Design of an
Integrated Circuit No. 1991/32, Sections 42- 43; Utility Model Act No. 1991/800, Sections 43-44;
Market Court Act No. 1978/41, Sections 1 and 16;   Unfair Business Practices Act No. 1978/1061,
Sections 6-8;  Copyright Act No. 1961/404, Se ction 61;  Code of Procedure, Chapter 10.)
2. Please describe briefly the procedure that must be followed by a foreign party to
initiate an enforcement procedure in each of the courts and administrative bodies identified inresponse to question 1 and cite the legal authorities establishing those procedures.
The procedures for initiating an enforcement proc edure in the court are described in Chapter 5
of the Code of Procedure and are the same for a foreign party as they are for a Finnish party.
3. Please identify any requirement that a foreign party must meet to initiate a proceeding
in the courts and administrative bodies identified in answer to question 1 that is not requiredof a national or resident of Finland and cite the legal authorities providing for thosedifferences.
There are no extra requirements for foreigners in Finland.
4. Articles 41.1 and 48 of the TRIPS Agreement require establishment of safeguards
against abuse of judicial and administrative enforcement procedures, including provision for
adequate compensation for injury suffered because of such abuse.  Please describe the means
available under the law of Finland to prevent abuse of judicial and administrative proceduresor to remedy damages suffered as a result of such abuse and cite the legal authorities for thosemeans.
Specific provisions on unfounded litigation and expenses caused by such an action are given
in Sections 4 to 6 of Chapter 21 of the Code of Procedure.  According to these provisions the partywho unnecessarily started the proceedings and thereaft er won the case or otherwise caused, wilfully or
negligently, an unfounded litigation, even though the other party did not give any cause for action, is
liable to compensate his counterparty for the costs of the proceedings.IP/Q4/FIN/1
Page 8
General provisions on the indemnification liability of the authorities (administrative
authorities and public corporates) are given in the Act on Damages and Tort Liability.  The authorities
are liable for damages resulting from wilful or neg ligent erroneous exercise of the public authority.  In
general, the liability may extend wholly or partially even to individual functionaries on the basis of
vicarious liability, except for the cases of only slight negligence.  Administrative actions taken in
good faith do not cause liability.
5. Article 41.2 addresses, among other things, the cost of judicial and administrative
enforcement proceedings.  Please describe any fees charged by judicial or administrativeofficials for filing legal actions involving intellectual property or for pursuing such actions onceinitiated, cite the legal authorities for such fees, and provide copies of the documents used toinform the public of such fees.
In Finland the fees for proceedings are quite low.  For example, the trial fee at a first instance
court vary from Fmk 350 to Fmk 1 000.  Trial fees are collected by the court after the trial.  A person
with limited means may also be granted cost-free proceedings.
The general rule concerning the costs in civil proceedings, according to Chapter 21, Section 1
of the Code of Procedure, is that the party who lo ses the case shall reimburse his counterparty for the
litigation expenses, subject to provisions to the contrary.  The compensation shall, under Article 8 of
Chapter 21, fully cover the expenses for the preparation and presentation of the action, including
attorney's fees, to the extent that the expenses can reasonably be justified for the protection of theparty's interest.
6. Article 41.2 also addresses the timeliness of judicial and administrative enforcement
proceedings.  Please cite to the legal authorities establishing any time limits for judicial andadministrative proceedings and, if it has not already been done, provide copies of the laws orregulations in question.
In the proceedings, after the plaintiff has presented his claim to the court, the judge will set a
time-limit to the defendant/counterparty within whic h he must answer the claim in writing.  The
time-limit may vary according to the case.  Also other facts can be taken into consideration, for
example in a case of a foreign defendant the time-limit can be longer in order to provide him with
some extra time to arrange his defence.  In ordinary cases the time-limit is usually between four and
six weeks.  In case the defendant has special reasons, the court can prolong the time-limit alreadyfixed.  Also during the proceedings the court may set time-limits to the parties for presenting their
evidence and arguments.  Detailed provisions concerning time-limits relating to the course of the
proceedings are contained in the Code of Procedure, Chapters 5 and 6.
7. Please explain any provisions in the enforcement system in Finland that ensure
expeditious remedies.  In addition, please explain what provisions are available to preventdeliberate delays by the parties to a proceeding and indicate the circumstances in which suchprovisions will be applied.
See the answer to question 6.  Also the parties' right to present new material (evidence, facts,
etc.) after pre-trial hearing is restricted.
8. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case
preferably be in writing, the better to determine the reasoning on which the decision is based.Please state, with regard to each type of court and administrative body identified inIP/Q4/FIN/1
Page 9
question 1, whether judges or administrative officials must render their decisions in writing
and cite the legal authorities requiring such written opinions.
In Finland all courts and administrative bodies must render their decisions in writing.
9. Article 41.3 also requires that decisions on the merits of a case be based only on
evidence in respect of which parties had an opportunity to be heard.  Please state, with regardto each type of court and administrative body identified in question 1, what factors may beconsidered by a judge or administrative official in rendering a decision and cite the legalauthorities establishing the basis on which judges and administrative officials may reach
decisions.
The Constitution of Finland (Section 16) safeguards everyone a right to a fair trial.  This
includes the principle that decisions on the merits of a case shall be based only on evidence in respect
of which parties have been offered an opportunity to be heard.  Finland has also ratified the European
Convention on Human Rights; see Article 6 of the said Convention.
10. Article 41.4 obligates WTO Members to provide for judicial review of certain judicial
and administrative decisions in intellectual property enforcement proceedings.  Please describewhat legal limitations, if any, are placed upon the ability of a party to an intellectual propertyenforcement proceeding to have both procedural rulings and final decisions reviewed by aseparate judicial authority, and cite the legal authorities providing for such reviews.
The Constitution of Finland (Section 16) guarantees everyone's right to appeal against
decisions involving one's rights and obligations to an independent judicial authority.  For civil and
criminal appeals there are six territorial Courts of Appeal and the Supreme Court of Finland.  Foradministrative appeals there are 11 regional County Administrative Courts and the Supreme
Administrative Court.
Civil and administrative procedures and remedies
11. Article 42 requires that defendants be notified of judicial and administrative
intellectual property enforcement proceedings brought against them.  Please describe theprocedures followed by each type of court and administrative body identified in question 1 fornotifying defending parties regarding proceedings that have been initiated against them,indicate the information provided regarding the proceeding and cite the legal authoritiesestablishing these procedures.
See the answer to question 6.  In civil and criminal proceedings the defendant must be served
with a writ, the contents of which are very informative:  in civil cases the plaintiff and in criminal
cases the public prosecutor must present their claim and its basis in detail at the first stage of the
pre-trial procedure.  The basis of the claim includes not only the facts to which the plaintiff/prosecutor
refers but also the evidence.  All this material will be brought to the notice of the defendant.  This
principle applies also to the administrative proceedings.  The delivery of the writ is carried out by thecourt (Code of Procedure, Chapter 11).
12. Article 42 also requires that parties to intellectual property enforcement proceedings
must be able to be represented by counsel and must not be subject to overly burdensomerequirements to appear personally.  Please describe any limitations under Finland’s laws onthe ability of a party in such a proceeding to be represented by independent legal counsel andIP/Q4/FIN/1
Page 10
any requirements imposed on the party to appear personally in a proceeding.  Please cite the
legal authorities providing such limitations and imposing such requirements.
In civil cases the parties may appear before the court personally or they may be represented
by an attorney or another agent.  The court may, however, order a party (or his representative) to
appear personally before the court where it is deemed necessary (Code of Procedure, Chapter 12,
Sections 6 and 7).
13. Under Article 42, parties are to be entitled to substantiate claims and present relevant
evidence.  Please describe any limitations under the law of Finland on a party’s ability tosubstantiate a claim or to present relevant evidence and cite the legal authority providing suchlimitations.
The Finnish legal system has adopted the principle of freedom of evidence (free presentation
of evidence).  One of its consequences is that there are few legal norms on prohibitions relating to
obtaining evidence.  The basic principle is that the co urt is able to consider freely any material that is
brought to its knowledge.
On the other hand, in civil cases the party's right to present new material (evidence, facts, etc.)
after the pre-trial hearing is restricted.  This rule obliges the party to present all evidence, at least all
evidence in his awareness, during the pre-trial procedure, subject to some exceptions.
14. Article 42 requires, with one narrow exception, that there be a means to identify and
protect confidential information during judicial and administrative intellectual propertyenforcement proceedings.  Please describe the means provided under the law of Finland forparties to identify and have protected confidential information required to be presented inorder to prove their claims and cite the legal authorities providing for such identification andprotection.
A witness or a party to a case may refuse to give information that contains business or
professional secrets, unless it is deemed necessary for most important reasons to have the information
disclosed (Code of Procedure, Chapter 17, Section 24).
If confidential information concerning the other party's business secrets or know-how is
submitted to the court, that party may demand that the information should be declared confidential.
According to Section 5 of the Act on the Publicity of the Proceedings of the Court
No. 1984/945 the court may in exceptional cases order the hearing to be held behind closed doors.
The court may also order the documents of the proceedings to be kept secret for a defined period of
time if a document containing confidential information has been presented during the proceedings
(Section 9 of the above-mentioned Act).
15. Article 43.1 of the TRIPS Agreement requires that judicial and administrative officials
be able to order a party to an intellectual property enforcement proceeding to producerelevant evidence in that party's control identified by the opposing party when the latter partyhas presented reasonably available evidence in support of its claims.  Please describe how andin what circumstances judges and administrative officials may order production of relevantevidence in intellectual property enforcement proceedings and cite the legal authoritiesproviding for such orders.
General provisions concerning a party's obligation to produce written evidence on demand
(editio ) are given in Chapter 17, Sections 11(b) to 17 of the Code of Procedure.  Article 12 states thatIP/Q4/FIN/1
Page 11
anyone in possession of a document assumed to have evidentiary value in the case has an obligation to
produce such evidence.  The obligation does not, however, extend to a person suspected of a crime or
anyone who is considered to be a relative of the person.  Where a party has an obligation to produce a
document, the court may, under the penalty of a fine, issue an order to him to do so.  The obligation
may be imposed at the request of the opposing party.  Chapter 5, Section 21 of the Code of Procedure
provides for a procedure where the counterparty has to announce, at the request of the other party,whether he is in possession of a certain document.
16. Information ordered to be produced, referred to in question 15, must be protected if it
is confidential.  Please describe the means provided under the law of Finland for protectingsuch information and cite the legal authority providing for such protection, if those meansdiffer from those described in answer to question 14.
According to Section 11(b) of Chapter 17 of the Code of Procedure, if the document ordered
by the court to be produced contains confidenti al information, the party ordered to produce the
document will only be liable to produce such a version of the document which does not contain the
confidential information.
Furthermore, the court may order the documents of the proceedings to be kept secret for a
defined period of time if a document containing confidential information has been presented during
the proceedings (Section 9 of the Act on the Publicit y of the Proceedings of the Court No. 1984/945).
17. Article 43.2 provides that, in the event a party refuses to provide information ordered
by the judicial or administrative officials, those officials may be authorized to makepreliminary and final determinations adverse to that party.  Please describe what sanctionsmay be imposed on a party that refused to provide ordered information and under whatcircumstances those sanctions are imposed, citing the legal authority for those sanctions.
In case a party does not provide the information ordered by the court, the refusal can be taken
into account in weighing evidence.  In such a case judicial authorities can base their decision on the
information presented to them.
In case of a refusal to provide the court with a certain document the court may impose a
conditional fine on a party or the court may order that the executive authority shall bring thedocument to the court (The Code of Procedure, Chapter 17, Sections 5 and 15).
18. Article 44.1 requires that judicial and administrative officials be able to enjoin or
otherwise prevent infringing activity by a party, including by preventing the entry ofinfringing goods into the channels of commerce in their jurisdiction.  Please describe authorityof the judges and administrative officials identified in question 1 to order parties to stopinfringements and to prevent infringing goods from entering the channels of commerce in theirjurisdiction immediately after clearance of such goods through customs.  In addition, pleasecite the legal authorities authorizing such actions.
According to the relevant intellectual property right legislation the court may give an order
forbidding the person infringing the intellectu al property right to continue or repeat such
infringement.  It is also possible to pursue an independent action for an injunction.  The request
concerning an injunction can be made in civil cases as well as in criminal proceedings.
(Trademarks Act No. 1964/7, Section 38;  Pa tents Act No. 1967/550, Section 57;  Design
Protection Act No. 1971/221, Section 35;  Ut ility Model Act No. 1991/800, Section 36.)IP/Q4/FIN/1
Page 12
19. 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 forinfringement to payment of adequate remuneration as provided in Article 31(h).  Pleasedescribe any such limitations on remedies in the laws of Finland and cite the legal authoritiesproviding for those limitations.
There are no such limitations on remedies as described in the question.
20. Article 45.1 requires that judicial and administrative officials be able to order an
infringer to pay the right holder damages adequate to compensate for the injury caused by theinfringement.  Please describe the authority of the judges and administrative officialsidentified in question 1 to order a party found to be infringing to pay the right holder damagesadequate to compensate for the injury caused by the infringement.  Please explain the factorsconsidered in establishing the amount of the compensation and cite the legal authoritiesauthorizing such compensation orders.
Any person who intentionally or by negligence infringes an industrial property right is liable
to pay reasonable compensation for the damages caused by the infringement.  In case of minor
negligence the compensation may be adjusted accordingly.  In cases where the infringement is neither
intentional nor negligent, the infringer shall pa y the amount considered reasonable in compensation
for the exploitation of the industrial property right.
In copyright cases, anyone who exploits a work which subsists copyright is liable to pay
compensation to the copyright owner, regardless of his knowledge as to whether copyright subsisted
in the work.  In a case of wilful or negligent exploitation, the infringer has to pay damages also for
any other loss as well as for possible mental suffering and for any inconvenience caused by the
infringement.
(Trademarks Act No. 1964/7, Section 38;  Pa tents Act No. 1967/550, Section 58;  Design
Protection Act No. 1971/221, Section 36;  Act on th e Exclusive Right to the Layout-Design of an
Integrated Circuit No. 1991/32, Section 38;  Util ity Model Act No. 1991/800, Section 37;  Copyright
Act No. 1961/404, Section 57.)
General provisions on damages deriving from non-contractual liability are included in the Act
on Damages and Tort Liability.  Coverable loss extends to all kinds of appraisable property damages,
including litigation expenses.  The amount of compensation is based on court's assessment, in which
both the objective of material compensation as well as the specific circumstances of the case are takeninto account.  Rules for the calculation of damages have been established in court practice in all fields
of intellectual property rights.  Claims can be made in civil as well as in criminal proceedings (Act on
Damages and Tort Liability No. 1974/412, Chapter 5).
21. Article 45.2 requires that judges and administrative officials be authorized to order
payment of a right holder's expenses, including legal fees.  Please describe the authority of thejudges and administrative officials identified in question 1 to order payment of right holders’expenses, the circumstances under which such an order will be given, the factors considered inestablishing the expenses, and cite the legal authorities authorizing such payments.
One of the main principles of the procedural system of Finland is that the party who has lost
the case may have to pay reasonable expenses of the successful party.  Expenses may also includeappropriate attorney's fees.  Expenses are not ordered ex officio:  the party who wishes to have his
expenses covered must make a claim to this effect during the proceedings (The Code of Procedure,
Chapter 21).IP/Q4/FIN/1
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22. Article 46 requires that judges and administrative officials be authorized to order, in
certain circumstances, other remedies, including disposal of goods outside commercialchannels or destruction of goods and destruction of materials and implements the predominantuse of which is the creation of infringing goods.  Please describe the additional remediesavailable under the laws of Finland, the circumstances in which such authority will beexercised, the factors considered in determining the nature of the remedies provided, and citethe legal authorities providing for such remedies.
In intellectual property right infringement cases, the court may prescribe, upon the demand of
the injured party, that the infringing material (produced copies, manufacturing material or devices,
etc.) shall be destroyed or altered or that such property shall be conveyed to the injured party against
compensation covering manufacturing expenses, unless the acquirer of the infringing property in
question has acted in good faith.  Claims based on an infringement can be presented in civil as well as
in criminal proceedings.
(Copyright Act No. 1961/404, Section 58;  Tradem arks Act No. 1964/7, Section 41;  Patents
Act No. 1967/550, Section 59;  Design Protection Act No. 1971/221, Section 37;  Act on the
Exclusive Right to the Layout-Design of an Integr ated Circuit No. 1991/32, Section 39;  Utility Model
Act No. 1991/800, Section 38.)
23. Article 47 provides that WTO Members may authorize judges and administrative
officials to order infringers to identify for right holders third parties involved in the
production and distribution of infringing goods or services and their channels of distribution.Please describe any authority judges and administrative officials have under the laws ofFinland to order infringers to identify for right holders third parties involved in theproduction and distribution of infringing goods or services and their channels of distributionand describe the circumstances in which this authority would be exercised.  Please cite thelegal authorities providing for such remedies.
There are no provisions empowering the judicial authorities to give such orders.
24. Article 48.2 permits WTO Members to exempt public authorities and officials from
liability from remedies only where their actions were taken or intended in good faith incarrying out their responsibilities under the law.  Please explain any exemption providedpublic authorities and officials from liability for abuse of enforcement procedures, describe thecircumstances in which such limitations would not apply, and cite the legal authoritiesgranting such exemptions.
General provisions on the indemnification liability of the authorities (administrative
authorities and public corporates) are given in the Act on Damages and Tort Liability No. 1974/412.
The authorities are liable for damages resulting fro m wilful or negligent erroneous exercise of the
authority.  In general, the liability may extend whol ly or partially even to individual functionaries on
the basis of vicarious liability, except for the cases of only slight negligence.  Administrative actions
taken in good faith do not cause liability.
Provisional measures
25. Articles 50.1 and 50.8 require that judicial and administrative authorities have the
authority to order prompt and effective provisional remedies to prevent an infringement ofany intellectual property right.  With respect to each intellectual property right identified inIP/Q4/FIN/1
Page 14
Article 1.2 of the TRIPS Agreement, please identify the provisional measures available to
protect intellectual property rights.  Please cite the relevant legal authority establishing thoseprovisional remedies.
According to relevant industrial property laws, if an infringement may be presumed to have
taken place, the infringing goods may, in order to prevent continuation of the infringement, be orderedto be seized or taken into safekeeping.
There are no specific provisions on provisional measures in the Copyright Act.General provisions concerning judicial precautionary measures in civil matters are contained
in Chapter 7 of the Code of Procedure.  Where a party can show a probable case that he holds a claim,
which may be enforced on the basis of the court's future resolution as prescribed in the Execution Act,
and it can be assumed that the adverse party will evade the payment through absconding, destroying,
giving away the property or otherwise, the court may order provisional attachment of the adverse
party's property to such an extent that the claim can presumably be covered.  The court may also,under similar preconditions, prohibit the opposing party from exercising a certain activity, or order
him to perform a certain act, empower the applican t to perform an act, the property of the opposing
party to be placed under the administration or care of a trustee, or other measures necessary to secure
the right of the applicant.
Provisions on seizure in criminal proceedings are contained in Chapters 3 and 4 of the Act on
Coercive Means in Criminal Investigations.  An object or a specific good, including documentary
material, may be confiscated or seized if there is reason to presume that the goods in question may
serve as evidence or that the court shall later order them forfeit.  At the request of the plaintiff, the
court may also grant an interlocutory injunction on use of the goods claimed to be infringing.  Theprohibition will remain in force until final judgement in the matter of substance has been reached, if
not otherwise decided.  Interlocutory injunctions may also be imposed in cases of disclosure of trade
secrets, in which case the prohibition is ordered by the Market Court.
(Trademarks Act No. 1964/7, Sections 37, 41 and 48;  Patents Act No. 1967/550, Sections 59
and 68;  Design Protection Act No. 1971/221, Section 37;  Act on the Exclusive Right to the
Layout-Design of an Integrated Circuit No. 1991/ 32, Section 39;  Utility Model Act No. 1991/800,
Section 38; Unfair Business Practices Act No. 1978/1061, Section 7;  Act on Coercive Means in
Criminal Investigations No. 1987/450, Chapter 4;  Code of Procedure, Chapter 7;  Execution Act,
Chapter 3).
26. Articles 50.1 and 50.8 require that judicial and administrative authorities have the
authority to order prompt and effective provisional remedies to preserve relevant evidence inregard to an alleged infringement.  Please identify the provisional measures available topreserve relevant evidence in regard to an alleged infringement and cite the relevant legalauthority.
In civil and administrative proceedings the court may order necessary provisional measures in
order to preserve relevant evidence in respect to an alleged infringement (The Code of Procedure,
Chapter 7, Section 3).
In criminal proceedings an object can be ordered to be seized, if it is presumed that that object
can be used as evidence (The Act on Coercive Means in Criminal Investigations, Chapter 4,
Section 1).IP/Q4/FIN/1
Page 15
27. Articles 50.2 and 50.8 require Members to authorize judicial and administrative
authorities to adopt provisional measures inaudita altera parte .  With respect to each
intellectual property right identified in Article 1.2 of the TRIPS Agreement, please describebriefly the circumstances in which the judicial and administrative authorities are empoweredto adopt provisional measures inaudita altera parte  and cite the relevant legal authority.
The provisional measures contained in Chapter 7 of the Code of Procedure may be imposed
by the court on application.
According to Section 5 of Chapter 7 of the Code  of Procedure, provisional measures shall not
be granted without reserving the counterparty an opportunity to be heard.  The court may, however,
give a provisional decision ordering a precautionary measure at the request of the applicant, if the
purpose of the measure might otherwise be endangered.  Such a decision shall remain in force untilfurther notice.
In criminal cases seizure may be ordered by the authority entitled to make an arrest, or by the
court in the course of proceedings.  If the person on whose premises the good is seized is not present
at the time of the seizure, he shall immediately be informed about the seizure (Act on Coercive Meansin Criminal Investigations No. 1987/450, Chapter 4, Sections 5 and 7).
28. Articles 50.2 and 50.8 require that judicial authorities and administrative bodies be
authorized to grant provisional remedies when a delay is likely to cause "irreparable harm" tothe right holder.  Please describe briefly what is required by the authorities identified inanswers to questions 25, 26 and 27 to establish "irreparable harm" to the right holder.
There is no case law by the Supreme Court on this question.  It is a matter of interpretation of
law and will therefore be decided case by case.
29. Articles 50.2 and 50.8 also require that judicial authorities and administrative bodies
be authorized to grant provisional remedies when there is a "demonstrable risk of evidencebeing destroyed".  Please describe briefly what factors are considered by the competentauthorities in determining when there is a "demonstrable risk of evidence being destroyed".
See the answer to question 28.
30. Articles 50.3 and 50.8 require that judicial and administrative authorities be
authorized to require an applicant to provide evidence to establish with a sufficient degree ofcertainty that the applicant is the right holder and that infringement has occurred or isimminent.  With respect to each intellectual property right defined in Article 1.2 of the TRIPSAgreement, please describe the evidence required by right holders to establish ownership.
The principle of freedom of proof, that is, free  weighing of evidence by the judge, has been
adopted within the Finnish legal system.  The judge decides the case on the basis of all evidence
presented before the court.
31. Articles 50.3 and 50.8 require that judicial and administrative authorities be
authorized to provide a security or equivalent assurance to protect the defendant.  Withrespect to each intellectual property right identified in Article 1.2 of the TRIPS Agreement,please cite the legal authority establishing a security or equivalent assurance.
The applicant has to submit a security or equivalent assurance to the execution official in
respect of every application (the Execution Act, Chapter 7, Section 16).IP/Q4/FIN/1
Page 16
32. Article 50.4 requires that parties be notified when provisional measures have been
adopted inaudita altera parte .  Please describe briefly the procedures followed by each
authority able to adopt such measures for notifying affected parties and state the time withinwhich such notice must take place.
When a provisional measure has been adopted inaudita altera parte , the defendant or the
opposite party will be notified of the measure within a short period of time.  The procedure for
notifying the opposite party will be taken care of by the court in question or the court can order the
applicant to notify the affected party.  The peri od of time within which the procedure for notifying
must take place will be determined by the judge and is usually less than 30 days.  The defendant will
be also given a short period of time for the presentation of his arguments against the provisionalmeasure.
33. Article 50.4 also requires that defendants be afforded a review process to determine
whether provisional measures should be modified, confirmed, or revoked.  Please describebriefly the procedures a defendant must follow to initiate review proceedings in each of theauthorities able to adopt such measures and identify the period within which such proceedingsmust be initiated.
In case a provisional measure has been adopted inaudita altera parte , it will always be
considered as an interim measure.  After the notification procedure, explained in the answer to
question  32, the issue of the validity of the provisional measure shall be decided by the court.  As
explained above, the defendant will be given a short period of time for the presentation of hisarguments against the provisional measure.  The court will then decide on whether the interim
provisional measure should be modified, confirmed or revoked.  A hearing can also be arranged.
34. Article 50.5 requires that competent authorities be authorized to require applicants to
supply other information necessary for the identification of goods concerned by the authoritythat will execute the provisional measures.  Please describe briefly what other information maybe required by the authorities and cite the legal authority establishing the basis for thissupplemental information.
The court may require all necessary information.
35. Articles 50.6 and 50.8 provide that if proceedings leading to a decision on the merits
are not initiated within a reasonable time, provisional remedies granted by competentauthorities shall be revoked or otherwise cease to have effect, at the request of the defendant.
Please identify the relevant provisions in the law of Finland authorizing the revocation or
cessation of provisional measures if review proceedings are not initiated within a reasonabletime and specify what constitutes a "reasonable time period" to initiate proceedings.
If proceedings leading to a decision on the merits are not initiated within one month after a
successful application for a provisional measure, the measure shall be revoked according to the
provisions of the Execution Act, Chapter 7.
36. Articles 50.7 and 50.8 provide that judicial and administrative authorities shall have
the authority to order the applicant to provide the defendant appropriate compensation forany injury caused by the adoption of provisional measures when said measures are revoked,have lapsed, or when it has been determined that there has been no infringement or threat ofIP/Q4/FIN/1
Page 17
infringement.  Please describe how the competent authorities determine "appropriate
compensation".
If the parties do not agree on an appropriate compensation, the affected party has to start
proceedings in the court to have the compensation determined.
Special requirements related to border measures
37. Article 51 of the TRIPS Agreement requires that countries adopt procedures that
enable right holders to request suspension of the importation of counterfeit trademarked goodsand pirated copyrighted works.  Please identify the competent authority in Finland authorizedto accept applications for a request to suspend release of suspected infringing goods and citethe relevant law or regulation governing such authority.
According to Council Regulation (EC) No. 3295 /94, the suspension of the release into free
circulation may be applied to counterfeit goods, that is to goods, including the packaging thereof,
bearing without authorization a trademark which is identical to the trademark validly registered in
respect of the same type of goods, or which cannot be distinguished in its essential aspects from such
trademark, and which thereby infringes the rights of the holder of the trademark in question.  The
procedure is also applied to any trademark symbol whether presented separately or not, as well as topackaging materials presented separately, bearing the trademarks of counterfeit goods
(Article 1(2)(a);  counterfeit goods).
The suspension procedure may also be applied to goods which are or embody copies made
without the consent of the holder of the copyright or neighbouring rights, or of the holder of a design
right, whether registered under national law or not, or of a person duly authorized by the holder in the
country of production (Article 1(2)(b), pirated goods).
An application for a request to suspend release of suspected infringing goods can be made to
the National Board of Customs.  The application can be lodged by the holder of the right or a person
authorized to use those rights or an authorized representative.
(EC Council Regulation 3295/94;  Customs Act No. 1466/1994, Section 4.)
38. Please describe the procedures a right holder must follow to obtain border protection
by the competent authorities, e.g., if there is a formal application that must be submitted tothe competent authority, judicial or administrative, and the information required in therequest for suspension and cite the law or regulations providing such procedures.
The application shall include a sufficiently detailed description of the goods and a proof that
the applicant is the holder of the right for the goods in question (Article 3(2) of Regulation 3295/94).A sufficiently detailed description of the goods enables the customs authorities to recognize those
goods.  Especially useful are detailed descriptions of counterfeit and pirated goods.  Furthermore, if
the applicant is a holder of a trademark, an extract issued by the Finnish Board of Patents verifying
the right holder must be attached to the application.  In respect of a copyright or a design right any
proof indicating the applicant to be the right holder is regarded as sufficient.
The application must also specify the length of the period during which the customs
authorities are requested to take action (Article 3(3) of Regulation 3295/94).  The application may
have a free form.IP/Q4/FIN/1
Page 18
If the application is made by someone else than the holder of the right, the original proxy
given by him or proof of authorization to represent the right-holder is required.
39. Please explain whether procedures, permissible under Article 51 of the TRIPS
Agreement, are available to stop the export of goods suspected of infringing copyrights and/ortrademarks.
Yes, procedures are available to stop the export of goods suspected of infringing copyright
and/or trademarks (Regulation 3295/94 Chapter 1, Article 1).
40. Article 52 of the TRIPS Agreement requires that rights holders wishing to stop
importation of counterfeit trademarked goods or pirated copyrighted works present evidenceto the competent authorities that there is prima facie  infringement of their trademark or
copyright.  Please explain what evidence will constitute prima facie  infringement in Finland.
In order to constitute a prima facie  infringement the allegedly infringing trademarks and
symbols must be identical with the same kind of goods than the validly registered ones.  If the
allegedly infringing trademarked goods are not identical to the validly registered ones, they must not
be distinguishable in essential aspects to constitute a prima facie  infringement.
A prima facie  infringement of copyright is constituted by evidence that the goods allegedly
infringing the copyright are copies or embody copies.  However, any kind of information of the
alleged infringement may constitute prima facie  evidence of the infringement.
41. Article 52 also requires that the right holder provide a "sufficiently detailed description
of the goods" to be stopped.  Please explain what is required of the right holder in Finland fora description to be "sufficiently detailed".
See the answer to question 38.
42. Article 52 requires that the competent authorities notify the right holder that his
application is accepted within a reasonable time.  Please explain within what period of time thecompetent authority responds to a request for suspension of release of goods and, if theapplication is accepted, the length of time during which enforcement action will be taken.
The competent authority responds to a request fo r suspension of release of goods within two
to three days provided that there is no need for further information.  In other words, successful
applicants will be informed immediately.
The period of protection will be as requested by the applicant.  The period may be extended if
a request in writing to this effect is made during the original period of protection.  There is no need for
the applicant to provide information already submitte d for the original application.  The length of the
extension is normally from six to 12 months.
43. Article 53.1 requires that the competent authorities have the authority to secure from
an applicant a security or equivalent assurance sufficient to protect a defendant and to preventabuse.  Please verify that the competent authorities identified above are empowered to requiresecurity or equivalent assurance and provide citations to the provisions of law or regulationthat grant them that authority.
At the moment no fee or security is required.IP/Q4/FIN/1
Page 19
44. Article 53.2 provides that the owner, importer, or consignee of goods involving
industrial designs, patents, layout-designs or undisclosed information that have beensuspended by customs authorities should be able, in certain circumstances, to have such goodsreleased on payment of security sufficient to protect the right holder from infringement.Please identify what forms of intellectual property, if any, are subject to provisions ofArticle 53.2 and cite to the relevant provisions of law or regulations.
According to Regulation 3295/94 Article 7.2, goods involving registered industrial designs
are subject to Article 53.2 of the TRIPS Agreement.
45. Article 54 requires that the importer and the applicant be notified promptly of the
suspension or release of goods.  Please specify the period within which the competent authorityto issue a notice that the release of goods has been suspended.
The notice will be issued during the day the application arrives or the next working day.
46. Article 55 makes it clear that the right holder applying for suspension of infringing
goods must initiate a proceeding on the merits in an appropriate forum within a reasonableperiod of time or the goods will be released .  Please identify the fora in which an
applicant/party may initiate proceedings on the merits that will allow customs authorities tohold the goods beyond ten working days.
The competent authority in cases involving infr ingement of trademarks and industrial designs
is the Court of First Instance of Helsinki and the local first instance court in cases involving
infringement of copyright and neighbouring rights.
47. 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 suspension measures should be modified,revoked or confirmed pending the outcome of the proceeding on the merits.  Please identifythe forum that is authorized to conduct such a review and describe the procedure and cite theapplicable law or regulations.
The forum for review proceedings concerning the decisions of the National Board of Customs
is the Supreme Administrative Court and the rules applicable to the procedure are contained in thenew Administrative Appeals Act (No. 586/1996).
48. Article 56 requires that the authorities be able to require the applicant to compensate
the defending party for any injury caused if the detention of goods was unfounded.  Pleaseidentify the authorities that can order the applicant to pay the importer, consignee or ownercompensation for injury caused by wrongful detention or through the detention of goodsreleased pursuant to Article 55 and cite to the applicable law or regulations.
See the answer to question 46.  For the appellate procedure and applicable law see the answer
to question 1.
49. Article 57 requires that the competent authorities be able to authorize the right holder
to inspect the detained goods in order to substantiate the claims.  Please explain how rightholders are provided an opportunity to inspect suspect goods that have been detained bycustoms authorities.IP/Q4/FIN/1
Page 20
In Article 6, paragraph 1 of Regulation 3295/94, it is stated that both the applicant and all
other persons involved in the matter may be affo rded the opportunity to inspect the goods.  The
applicant may inspect the goods but not the documents.  When examining the goods, the customs
office may take samples in order to speed up the procedure.  The holder of the right may be given,
upon request, samples of the detained consignments to allow him determine whether the goods are
infringing or not.
50. Article 57 also requires that, where the decision on the merits favours the right holder,
the competent authorities also may be given authority to give the right holder informationregarding the importer, consignee or consignor.  If competent authorities in Finland canprovide information regarding the importer, consignee or consignor to the right holder, pleaseexplain how information regarding names and addresses of consignors, importers andconsignees and quantities of goods are provided to the applicant after a positive decision ofinfringement is made, e.g., authorities automatically providing information or by submissionof a written request from the right holder, etc.  Please cite to the law or regulations providingsuch authority.
According to Regulation 3295/94 information is given by the competent authorities by
submission of a written request from the right holder.
51. Article 58 specifies procedures to be followed where the competent authorities can act
ex officio.  Please explain whether the competent authorities in Finland are empowered to actex officio and, if so, please identify the intellectual property areas subject to ex officio action.
The competent authorities (that is, all the customs offices) are empowered to act ex officio in
respect of goods which are counterfeit (trademarks and industrial designs) or pirated (copyright and
neighbouring rights).
52. 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 inFinland permits regarding the disposition of infringing goods, i.e., does the law allow fordestruction, disposal or both.  Please cite to the law or regulations providing such authority.
In Finland, principally only the disposal of  the goods is possible (Regulation 3295/94).
53. Please identify:
(a) the competent authority that decides the disposition of the goods, i.e., whether
the goods will be destroyed or disposed of outside the stream of commerce; and
(b) the competent authority that carries out the destruction or disposal of the
goods.
For question (a) see the answer to question 48.  The competent authorities to carry out the
disposal of the goods are the customs and execution authorities.
54. 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 smallconsignments.  Please describe what constitutes a de minimis  import that is excluded from the
border measures under the law of Finland.IP/Q4/FIN/1
Page 21
According to Article 10 of Regulation 3295/94 the regulation shall not apply to goods of a
non-commercial nature contained in travellers' personal luggage within the limits laid down in respect
of relief from customs duty.  In Finland the limit for the de minimis  is Fmk 1 100.
Criminal procedures
55. Article 61 of the TRIPS Agreement requires that Members have criminal procedures
and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent,at least for cases of wilful trademark counterfeiting and copyright infringement on acommercial scale.  Please describe the provisions in the law of Finland that fulfill thatobligation and provide legal citations.
Criminal procedures and penalties, with ordinary channels of appeal are available in respect
of intentional infringements of all intellectual property rights contained in the TRIPS Agreement.
(Penal Code, Chapter 49:  On offences against Certain Intellectual Property Rights;
Trademarks Act No. 1964/7, Article 39;  Patent s Act No. 1967/550, Article 57;  Design Protection
Act No. 1971/221, Article 35;  Act on the Exclusive Right to the Layout-Design of an IntegratedCircuit No. 1991/32, Article 35;  Utility Model Act No. 1991/800, Article 39;  Unfair Business
Practices Act No. 1978/1061, Article 10;  Penal Code, Chapter 30, Articles 5-6:  Disclosure of Trade
Secrets.)
In certain copyright cases even gross carelessness may constitute an infringement (copyright
offence) punishable under the Copyright Act (Articles 56 to 56(d)).
56. Article 61 also requires that remedies in appropriate cases include the seizure,
forfeiture and destruction of infringing goods and any materials and implements thepredominant use of which has been the commission of the offence.  Please explain theprovisions in the law of Finland that provide for such remedies, describe the circumstances inwhich those remedies would be imposed and provide legal citations.
Imprisonment and monetary fines
For intellectual property crimes contained in Chapter 49 and 30 of the Penal Code fines or
imprisonment for a maximum of two years may be inflicted as a penalty.  For intellectual propertyoffences according to the provisions of the relevant substantive laws, as well as provisions of the
Unfair Business Practices Act concerning disclosure of trade secrets, fines may be inflicted as a
penalty (provisions:  see answer to question 55 above).
Seizure, forfeiture and destruction of infringing goods and materials and implements for their
production
The infringing goods may be ordered to be seized, destroyed, altered, handed over to the right
holder against a redemption or taken into safekeeping.  Provisional seizure may also be ordered for
the time of the proceedings.  In criminal cases seizure follows the provisions of Chapter 4 of the Acton Coercive Means in Criminal Investigations.
(Trademarks Act No. 1964/7, Section 41;  Pa tents Act No. 1967/550, Sections 59 and 68;
Design Protection Act No. 1971/ 221, Section 37; Act on the Exclusive Right to the Layout-Design of
an Integrated Circuit No. 1991/32, Section 39;  Utility Model Act No. 1991/800, Section 38;
Copyright Act No. 1961/404, Sections 58 to 60.)IP/Q4/FIN/1
Page 22
57. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of other forms of intellectual property.  Pleasedescribe any provisions in the law of Finland that provide for such procedures and remediesand provide legal citations.
There are no such provisions in the law of Finland.
58. 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 penaltiesprovided under the laws of Finland comply with that obligation.
New criminal laws covering also penalties for violations of intellectual property rights entered
into force on 1 September 1995 (the Penal Code, Chapter 49).  The maximum penalty for a violation
of an intellectual property right is currently tw o years' imprisonment.  Nowadays the criminality
relating to intellectual property is quite low in Finland.  This can be taken as an indication that thepenalties are of appropriate standard.
[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.
10
Civil enforcement
At the end of 1995, there were 82 civil cases related to enforcement in the area of intellectual
property rights pending.  During 1996, there were a total of 107 new cases.  The biggest categories
were trademarks (27 cases), copyright (18) and pa tents (17).  In 1996, 84 cases were concluded by the
District Court and at the end of 1996, a total of 105 civil cases were pending.
The duration of proceedings in concluded cases was approximately 9.4 months.
There is not yet exact data available for the year 1997.(Information provided by the Ministry of Justice.)
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.
10
                                                     
10 As regards follow-up questions 1 and 2 from the US, it has to be stated that no such comprehensive
data concerning the enforcement in the area of intellectua l property rights is available.  However, we have been
able to collect some information that is provided by the Ministry of Justice, Statistics Finland and the National
Board of Customs.  When interpreting the statistics of criminal proceedings it has to be kept in mind that
intellectual property infringements often are linked to other kinds of crimes or offences and therefore they do
not necessarily appear in the statistics.IP/Q4/FIN/1
Page 23
Criminal enforcement
In 1996, there was a total of 19 criminal cases concluded.  All the cases concerned copyright.
In 84% of the cases fines were imposed.
There is no data available for the year 1997.(Information provided by Statistics Finland.)According to the information provided by the National Board of Customs in 1996 the Board
made 24 suspensions of release of goods.  Out of these suspensions, 17 reports of an offence were
made (all of these do not appear in the number in the reply to follow-up question 1, as some of the
cases may still be pending).
There has been a significant increase in the number of suspensions, as in 1997 the National
Board of Customs made 104 suspensions of release of goods.  Out of these suspensions 93 cases were
trademark counterfeiting and 22 copyright piracy cases (some of the cases include both trademark
counterfeiting and copyright piracy offences).  Out of these cases 52 reports of an offence were madeand 45 civil proceedings started.
3. Please clarify whether provisional measures to preserve relevant evidence are available
in Finland without notice to the opposing party.  If such measures are available under certain
circumstances, please describe and give pr actical examples of these circumstances.
According to the Code of Procedure, Chapter 7, Section 3, in civil and administrative
proceedings the court may order necessary provisional mesures in order to preserve relevant evidence
with respect to an alleged infringement.  In principle, the opposing party must have an opportunity to be
heard.  However, if the purpose of the precautionary measures may otherwise be compromised, the courtmay on the request of the applicant give a provisional decision on precautionary measures without
reserving the opposing party the said opportunity.  The order shall remain in force until further notice (the
Code of Procedure, Chapter 7, Section 5).
In criminal proceedings, an object can be ordered to be seized if it is presumed that the object can
be used as evidence (the Act on Coercive Means in Criminal Investigations, Chapter 4, Section 1).  The
seizure can be carried out without a notice to the opposing party.  However, the opposing party must be
notified of the seizure as soon as possible (the Act on Coercive Means in Criminal Investigations,
Chapter 4, Section 7).
__________