IP/N/6/FIN/2  
 
24 January 2018  
(18-0593) Page: 1/12 
Council for Trade -Related Aspects  
of Intellectual Property Rights  Original: English  
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM FINLAND  
The present document provides an updated checklist of issues on enforcement since Finland 's 
previous checklist (IP/N/6/FIN/1/Add.1) submitted on 6 February 2007.  
 
Introductory Remarks  
 
As of September 2013, the Market Court became a specialized IPR court having exclusive 
jurisdiction over all civil (contentious and non -contentious) intellectual property matters. 
Provisional measures related to IPRs are also handled by the Market Court as well as appeals over 
domain name registrations and decisions of the Finnish Patent and Registration Office. In addition 
to IPR matters, the Market Court decides cases relating to i.e. competition law, public procurement 
and unfair business practices.  
 
Decisions  of the Market Court may be appealed to:  
 
(a) the Supreme Court in civil cases;  
(b) the Supreme Administrative Court in matters concerning the registration of industrial 
property rights.  
 
In both cases, appeals are subject to a leave to appeal.  
 
In Finland , there are separate courts for the adjudication of civil and criminal IPR matters. Criminal 
proceedings involving industrial property rights fall within the exclusive competence of the District 
Court of Helsinki. However, criminal proceedings related to c opyright are heard in local district 
courts.  
 
 
Civil and Administrative Procedures and Remedies  
 (a) Civil judicial procedures and remedies  
 
1.  Specify the courts which have jurisdiction over IPR infringement cases.  
 
The Market Court has jurisdiction over  civil IPR infringement cases and matters that according to 
the Unfair Business Practices Act, including cases involving slavish imitation and protection of 
undisclosed information, belong to its competence. As a main rule the Market Court is competent 
in a composition consisting of three legally qualified judges but there are ce rtain exceptions to this 
rule (s ee Chapter 1A of the Act on the Proceedings before the Market Court). For instance in cases 
concerning patents, utility models and integrated circuit s, the Court is generally competent in a 
composition of three qualified judges and one technically qualified judge (Market Court Engineer). 
The Court 's composition may in some circumstances also include secondary specialized members 
(please see Sections 9 -10 of the Act on the Proceedings before the Market Court concerning i.e. 
assignment of secondary specialized members). Decisions of the Market Court may be appealed to 
the Supreme Court if the petition for leave of appeal is granted by the Supreme Court. T he 
provisions on extraordinary appeal in Chapter 31 of the Code of Judicial Procedure are applied 
where appropriate.  
                                                
1 Document IP/C/5  IP/N/6/FIN/2  
 
- 2 - 
 
   
2.  Which persons have standing to assert IPRs? How may they be represented? Are 
there requirements for mandatory personal appearances bef ore the court by the right 
holder?  
 
Proceedings instituted on the grounds that the right has been granted to a person other than 
entitled to it may only be instituted by the person claiming to have a better right therein. In other 
cases proceedings for de claration of invalidity may be instituted by any person who suffers 
damage as a result of the grant of the right or by a prosecutor for reasons of public interest. The 
right holder or any person who may exploit th e protected right under a licenc e may bring  an action 
for declaratory judgment to establish whether he enjoys protection against other parties where 
uncertainty exists. It is also possible to bring an action to obtain a declaratory judgment to 
establish whether the particular registration prevents one's commercial activity. Proceedings may 
also be initiated by a person claiming for a compulsory licence  or for determination of new 
conditions for a compulsory licence . In IPR infringement cases, the registered right holder and the 
licensee have standing to assert intellectual property rights.  
 
First of all it should be noted that in Finland there is no general requirement to have a legal 
representative in order to represent oneself in court proceedings. The parties may in civil cases be 
represent ed before the court personally or by an attorney or licensed legal counsel on their behalf. 
The court may, however, order a party or his representative to appear personally before the court 
where it deems it necessary for the inquiry of the case.  
 
3.  What  authority do the judicial authorities have to order, at the request of an 
opposing party, a party to a proceeding to produce evidence which lies within its 
control?  
 
General provisions concerning a party 's obligation to produce written evidence on demand (editio ) 
are given in Chapter 17 of the Code of Judicial Procedure. In addition, there is an Act on 
Safeguarding the Evidence in Civil Actions concerning Intellectual Property Rights, which has 
entered into force in 2000. Chapter 17, Section 9 of the Code of Judicial Procedure states that 
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 in a criminal case or anyone relat ed to him. In criminal cases the provisions of the 
Coercive Measures Act on seizure and house search are applied. According to Chapter 7, Section 1 
of the Coercive Measures Act, a product may be seized if it is assumed to have evidentiary value in 
a crimin al case. According to Chapter 8, Section 1 of the said Act, a house may under certain 
conditions be searched for example to find a product to be seized . 
 
Where a party has an obligation to produce a document, the court may, under the penalty of a 
fine, iss ue him an order to do so. The court may also order the document to be produced by a 
distrainer. The obligation may be imposed at the request of the opposing party. There are also 
rules on a procedure where the counterparty has to announce, at the request o f the other party, 
whether he is in possession of a certain document.  
 
4.  What means exist to identify and protect confidential information brought forward 
as evidence?  
 
A witness or a party to a case may refuse to give a statement which would reveal a business or 
professional secret unless very important reasons, or when the case concerns a severe crime, 
require the information be disclosed (Code of Judicial Procedure, Ch apter 17, Section 19). If 
confidential information concerning other party 's business or know -how is submitted before the 
court, the said party may demand that this information should be declared confidential. According 
to the Act on Proceedings before the Market Court which refers to provisions of the Act on the 
Publicity of Court Proceedings in General Courts , the court may in certain cases order the hearings 
to be held behind closed doors. If in such hearings information has been revealed concerning 
which  secrecy is applied at the court, the court may order that the information shall continue to be 
kept secret for a certain period of time  (Chapter 6, Section 5 of the Act on the Proceedings before 
the Market Court as well as Chapter s 3 and 4 of the Act on t he Publicity of Court Proceedings in 
General Courts, and Section 24(20) of the Act on the Openness of Government Activities).  
 IP/N/6/FIN/2  
 
- 3 - 
 
  The Act on the Openness of Government Activities (Chapter 6) provides rules on document secrecy 
and prohibition of use of secret information in the case of an expert referred to in the Act to 
Safeguard the Evidence in Civil Actions concerning Intellectual Property Rights (Section 6) or an 
applicant who due to his position as a party has acquired information covered by the secrecy 
obligation.  
 
5.  Describe the remedies that may be ordered by the judicial authorities and criteria, 
legislative or jurisprudential, for their use:  
 
- injunctions;  
 
-  damages, including recovery of profits, and expenses, including attorney 's 
fees;  
 
-  destruction or other disposal of infringing goods and materials/implements 
for their  production;  
 
-  any other remedies.  
 
Injunctions  
According to the relevant IPR legislation, the court may make an order forbidding the person 
infringing the IPR to continu e or repeat the infringement. It is possible to bring an independent 
action for injunction.  
 
Damages  
Any person who intentionally or by negligence infringes an industrial property right is liable to pay 
reasonable compensation for the damage caused by the  infringement. In case of slight negligence, 
the compensation may be adjusted accordingly. In cases where the infringement is neither 
intentional nor negligent, the infringer shall pay compensation for the exploitation of the invention 
if and to the extent  considered reasonable.  
 
In copyright cases, the defendant cannot exculpate himself out of compensation to the rights 
holder for the infringing use (strict liability). In the case of wilful or negligent conduct, in addition 
to fair compensation, the infrin ger is to pay damages even for any other loss, for possible mental 
suffering and for other injury caused by the infringement.  
 
General provisions on damages deriving from non -contractual liability are included in the Tort 
Liability Act. Coverable loss exte nds to all kinds of appraisable property damages, including 
litigation expenses. The amount of compensation is based on the court 's assessment, where both 
the objective of material compensation as well as the specific circumstances are taken into 
account. Rules for the determination of the damages have been established in court practice in all 
IPR fields. Claims can be presented both in civil and criminal proceedings.  
 
Destruction or other disposal of infringing goods and materials/implements for their prod uction  
In IPR 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 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 both in civil and criminal 
proceedings.  
 
The Act to Saf eguard the Evidence in Civil Actions concerning Intellectual  Property Rights 
(Section  2) provides that a competent court may decide that material that is assumed to have 
significance as evidence may be subjected to seizure in order to safeguard the presentation of 
evidence.  
 
Other remedies  
Please see answer to question 10 (provisional measures) below.  
 
6.  In what circumstances, if any, do judicial authorities have the authority to order 
the infringer to inform the right holder of the identity of third persons involved in the IP/N/6/FIN/2  
 
- 4 - 
 
  production and distribution of the goods or services found to be infringing and of their 
channels of distribution?  
 
According to the Section 7a of the Act to Safeguard the Evidence in Civil Actions Concerning 
Intellectual Property Rights, court can, on the request of the plaintiff, in a civil proceedings 
concerning infringement of an ind ustrial property right or copyright order the defendant, who has 
been found to infringe such right in commercial extent, to give necessary information on the origin 
of the goods and services and on the distribution network. Order can not be given if it cau ses to 
the defendant unreasonable harm compared to the significance of the access to information. 
Information on the origin of the goods and on distribution network includes the names and 
addresses of the producers, manufacturers, distributors, suppliers, holders and wholesalers and 
retailers. It also includes the information on quantity of goods and services produced, 
manufactured, supplied, received or ordered and the price received from them.  
 
In a civil case, a party may be heard for evidentiary purpos es. A party shall keep the truth when 
making statements on the circumstances invoked by him/her in the case, when commenting on 
the circumstances invoked by the opposing party, and when replying to the questions put to him 
(Chapter 17, Section 26 of the Co de of Judicial Procedure).  
 
In a criminal case any person, whom is assumed to possess information of the offence, may be 
obliged to appear at a pre -trial investigation in accordance with Chapter 6, Section 1 of the 
Criminal Investigations Act. According to  Chapter 6 Section 2 of the said Act, if that person fails to 
appear at a pre -trial investigation without an acceptable reason, he may be brought thereto. The 
suspect of an offence may also be arrested or taken into custody under conditions set forth in 
Chapter 2 of the Coercive Measures Act.  
 
7.  Describe provisions relating to the indemnification of defendants wrongfully 
enjoined. To what extent are public authorities and/or officials liable in such a situation 
and what "remedial measures " are applicable to them?  
 
General provisions on the indemnification liability of the authorities (administrative authorities and 
public corporations) are provided in the Tort Liability Act. The authorities are liable for damages 
resulting from wilful or ne gligent erroneous exercise of the 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.  
 
Chapter 10 of the Criminal Code provides rules for forfeiture. The proceeds of crime shall be 
ordered forfeit to the State. The forfeiture shall be ordered on the offender, a participant or a 
person on whose behalf or to who se advantage the offence has been committed, where these  have 
benefited from the offence (Chapter 10, section 2). The Chapter also provides rules for extended 
forfeiture of the proceeds of crime and forfeiture of certain other property. If an object or pro perty 
cannot be ordered forfeit because, e.g., the object or property has been hidden or it is otherwise 
inaccessible, a full or partial forfeiture of the value of the object or property may be ordered on the 
offender, a participant or a person on whose be half or to whose advantage the offence has been 
committed.  
 
8.  Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost.  
 
There are no specific provisions governing t he length of proceedings in the Finnish law. Chapters 4 
and 6 of the Act on Proceedings before the Market Court contain rules of procedure for intellectual 
property matters, which are applied together with the general provisions on civil procedure laid 
down in the Code of Judicial Procedure. In civil cases, court proceedings start by an application for 
summons. After that the defendant is asked to give a written response to the application for 
summons. Preliminary hearings start after written procedure. The  preliminary hearings should be 
concluded without delay; if possible, in one session. The parties should prepare themselves for the 
hearing adequately, so that there would be no need to postpone the proceedings due to the party 's 
negligence. Sometimes a ca se may be decided already at the preliminary stage. In other cases, 
the case shall be brought to a main hearing. The main hearing shall, as a general rule, continue 
without interruption until the case is ready for the decision of the court.  The length of p roceedings IP/N/6/FIN/2  
 
- 5 - 
 
  is under the control of the court and therefore varies from case to case . In 2016 the average 
length of proceedings at the Market Court was about 6.6 months.  
 
However, the Act on Compensation for the Excessive Length of Judicial Proceedings lays  down 
provisions on the right of a party to receive compensation out of State funds for the excessive 
length of judicial proceedings. According to Section 3 of the said Act, a private party is entitled to 
receive reasonable compensation if the excessive le ngth of judicial proceedings is considered to 
violate the right of a party to a trial within a reasonable time. In the assessment of whether the 
length of the judicial proceedings has been excessive, the following circumstances, in particular, 
are taken in to account in addition to the length of the proceedings: (a) the nature and extent of 
the matter; (b) the actions of the parties, authorities and courts during the judicial proceedings; 
(c) the significance of the matter to the party.  
 
The general rule concerning the costs in civil proceedings, according to Chapter 21, Section 1 of 
the Code of Judicial  Procedure, is that the party who loses the case shall be liable for all 
reasonable costs incurred by the necessary measures of the opposi ng party, unless otherwise 
provided by an Act. The compensation shall, under Chapter 21, Section 8, fully cover the costs of 
the preparation for the trial and the participation in the proceedings, as well as the fees of the 
attorney or counsel, to the exte nt that the expenses can reasonably be justified for the protection 
of the party 's interest.  
 
There are provisions governing the court fees in the Finnish legislation. Other legal costs result 
from possible attorney fees as agreed between a party and an at torney.  
 
The Legal Aid Act provides rules for the determination of attorney fees and expenses when the 
legal aid is given at the expense of the State to a person who needs legal assistance and who for 
lack of means cannot himself pay the expenses (Chapter 3 of the Legal Aid Act).  
 
 
(b)  Administrative procedures and remedies  
 
9.  Reply to the above questions in relation to any administrative procedures on the 
merits and  remedies that may result from these procedures.  
 
Except for some limited provisional measures, there are no administrative judicial procedures 
applicable as to remedies in this context. As regards administrative procedures in the field of 
executive authority, the means are limited to the specific provisional measures discussed below.  
 
 
Provisional Measures  
(a)  Judicial measures  
 
10.  Describe the types of provisional measures that judicial authorities may order, and 
the legal basis for such authority.  
 
According to the relevant industrial property laws, if an infringement may be presumed t o have 
taken place, the infringing goods may, to prevent continuation of the infringement, be ordered to 
be seized or taken into safekeeping.  
 
General provisions concerning judicial precautionary measures in civil matters are contained in 
Chapter 7 of the  Code of Judicial Procedure and in the Act to Safeguard the Evidence in Civil 
Actions concerning Intellectual Property Rights.  
 
If the petitioner can establish a probability that he/she holds a debt that may be rendered payable 
as prescribed in the Enforce ment Code, and that there is a danger that the opposing party hides, 
destroys or conveys his property or takes other action endangering the payment of the debt, the 
court may order the attachment of the real or movable property of the opposing party to an 
amount securing the debt.  
 
The court may also, under similar preconditions, prohibit the opposing party from exercising a 
certain activity, order him to perform a certain act, empower the petitioner to perform certain act, IP/N/6/FIN/2  
 
- 6 - 
 
  order the property of the opposin g party to be placed under the administration or care of a 
trustee, or order other measures necessary for securing the right of the petitioner.  
 
Provisions on seizure in criminal proceedings are contained in Chapters 6 and 7 of the Act on 
Coercive Measures . 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, t he court 
may also grant an interlocutory injunction on use of the goods claimed to be infringing. The 
prohibition will remain in force until final judgment 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.  
 
11.  In what circumstances may such measures be ordered inaudita altera parte ? 
 
The decision to undertake precautionary measures under Chapter 7 of the Code of Judicial 
Procedure may be made, on petition to the Market Court in civil IPR related matters. According to 
Chapter 7, Section 5 of the Code of Judicial Procedure and Section 4 of the Act to Safeguard the 
Evidence in Civil Actions concerning Intellectual Property Rights, precautionary measures shall not 
be granted without reserving the opposing party an opportunity to be heard. However, if the 
purpose of the precautionary measure s can otherwise be compromised, the court may on the 
request of the petitioner give an interim order on precautionary measures without reserving the 
opposing party the said opportunity. In such case the order shall remain in force until further 
notice.  
 
In criminal cases, a 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, he shall immediately be informed about the seizure (Coer cive Measures Act, Chapter 7, 
Section 9). 
 
12.  Describe the main procedures for the initiation, ordering and maintenance in force 
of provisional measures, in particular relevant time -limits and safeguards to protect the 
legitimate interests of the defenda nt. 
 
The court may, on petition, impose precautionary measures in civil matters under Chapter 7 of the 
Code of Judicial Procedure and Sections 2 and 3 of the Act to Safeguard the Evidence in Civil 
Actions concerning Intellectual Property Rights. Precaution ary measures shall not be granted 
without reserving the opposing party an opportunity to be heard. However, if the purpose of the 
precautionary measures can otherwise be compromised, the court may on the request of the 
petitioner give an interim order on p recautionary measures without reserving the opposing party 
the said opportunity. In such case the order shall remain in force until further notice.  
 
An action on the main issue has to be brought within one month from the decision on the 
precautionary meas ures. When the court decides on the main issue, it shall at the same time 
determine how long the precautionary measures remain in force. If the action is dismissed or ruled 
inadmissible, the court may at the same time order that the precautionary measures remain in 
force until the main decision becomes final. If the action is abandoned, the precautionary 
measures are cancelled. A petitioner who has unnecessarily resorted to precautionary measures 
must cover the costs incurred. A court order on precautionary  measures may be appealed 
separately.  
 
For initiation in criminal cases, see answer to question 11 above . The seizure may be cancelled by 
the same authority that imposed it. Cancellation has to take place as soon as the seizure no longer 
is necessary or if  a charge for the crime causing it is not brought within four months. At the 
request of the relevant authority, the court may extend this time limit. At the request of a person 
involved, the court has to decide on validity of the seizure. If the request is  made before the court 
has started to handle the charge, it has to be taken under consideration within a week. The court 
has to give the parties involved an opportunity to be heard, but an absence of a party does not 
preclude a decision in the matter. An a ppeal against a decision concerning seizure, as well as 
against a decision prohibiting the person infringing the IPR to continue or repeat the infringement, 
may be lodged separately. The appeal does not, however, prevent the measure. The appellant 
may in s ome cases be obliged to give a security for the damage and disadvantage that may be 
caused by the measure.  IP/N/6/FIN/2  
 
- 7 - 
 
   
Chapter 8 of the Enforcement Code contains provisions on enforcement of the precautionary 
measures. A measure may not be put into effect, and the en forcement has to be discontinued, if 
the opposing party gives the executor a security which has been approved by the party requesting 
the measure, or which is considered to be proportional to the need for protection of the rights of 
the requesting party. T he general rule is that a decision on a precautionary measure may not be 
put into force unless the petitioner provides a security for the damages that may be caused by the 
measure. The court may, on petition, release the applicant from providing the securi ty referred to 
in Chapter 8, section 2 of the Enforcement Code, if the petitioner is found unable to do so and if 
his right is deemed manifestly well -founded.  
 
13. Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost.  
 
The length and costs of proceedings vary case by case. Precautionary measures shall be granted 
expeditiously. The issue of the final liability to cover the expenses incurred by the application and 
enforcement of precautionary measures shall be decided when the main issue is being dealt with.  
 
 
(b)  Administrative procedures  
 
14.  Reply to the above questions in relation to any administrative provisional 
measures.  
 
According to Chapter 8, Section 13 of the Enforcement Code, in case that the purpose of the 
precautionary measures prescribed in Chapter 7, Sections 1 -3 of the Code of Judicial Procedure 
would otherwise be endangered, the said measures may be granted by the public executor, if the 
requestin g party has legal grounds for his application and the application cannot immediately be 
granted by the court. The maximum period of validity for such decision and measure is six 
month s, unless renewed by the executor on special grounds. As regards provisio nal measures by 
administrative authorities in the course of criminal investigations, please see answers to 
questions  11 and 12 above.  
 
 
Special Requirements Related to Border Measures  
15.  Indicate for which goods it is possible to apply for the suspension  by the customs 
authorities of the release into free circulation, in particular whether these procedures 
are available also in respect of goods which involve infringements of intellectual 
property rights other than counterfeit trademark or pirated copyrigh t goods as defined 
in the TRIPS Agreement (footnote to Article 51). Specify, together with relevant criteria, 
any imports excluded from the application of such procedures (such as goods from 
another member of a customs union, goods in transit or de minimis imports). Do the 
procedures apply to imports of goods put on the market in another country by or with 
the consent of the right holder and to goods destined for exportation?  
 
As a Member State of the European Union, Finland applies the Regulation  (EU) No 608/2013 of the 
European Parliament and of the Council concerning customs enforcement of IPRs, which entered 
into force on 1 January 2014. This new Regulation repeals the Council Regulation (EC) 1383/2003 
and sets out procedural rules for customs authorities to enforce IPRs with regard to goods liable to 
customs supervision or customs control i.e. the Regulation lays down conditions for customs action 
where goods are suspected of infringing IPRs. Moreover, the new Regulation extends the range of 
IPR infringements covered by the previous EU regulation 1383/2003, which applied to counterfeit 
goods, pirated goods, patents and SPCs, designs and models, copyright and related rights, 
trademarks, designations of origin, plant variety rights and geographica l indications as well as to 
any mould or matrix designed or adapted for the manufacture of goods infringing an intellectual 
property right. The new Regulation now covers also:  
 
- trade names inso far as they are protected as exclusive property rights under na tional law;  
- topographies of semiconductor products;  
- utility models;  IP/N/6/FIN/2  
 
- 8 - 
 
  - devices, which are primarily designed, produced or adapted for the purpose of enabling or 
facilitating the circumvention of technological measures.  
However, the Regulation No 608/2013 does  not apply to goods carried by passengers in their 
personal luggage provided that those goods are for their own personal use and there are no 
indications that commercial traffic is involved. Also infringements resulting from (a) illegal parallel 
trade (con cerning original goods, which have no t been imported through a right holder 's own 
distribution channels) and (b) overruns (concerning excess quantities of goods manufactured by a 
person duly authorized by a right holder to manufacture a certain quantity of  goods) are excluded 
from the scope of the Regulation.  
16.  Provide a description of the main elements of the procedures relating to the 
suspension of the release of goods by customs authorities, in particular the competent 
authorities (Article 51), the re quirements for an application (Article 52) and various 
requirements related to the duration of suspension (Article 55). How have Articles 53 
(security or equivalent assurance), 56 (indemnification of the importer and of the owner 
of the goods) and 57 (righ t of inspection and information) been implemented?  
 
Application for customs action and competent customs authorities  
The holder of a right may lodge an application for the suspension of the release of goods with the 
Enforcement Department of Finnish Custom s. Applications shall be completed using the form 
referred to in Article 6 of the Regulation No 608/2013 and shall contain the information required 
therein. An application shall for instance include:  
 
- details concerning the applicant e.g. a proof that the applicant is the holder of the right 
for the goods in question;  
 
- IPRs to be enforced;  
 
- description of the goods and information needed to enable the customs authorities to 
readily identify them e.g. specific and technical data on the authentic goods, including 
markings such as bar -coding and images where appropriate;  
 
- request for the application of small consignments procedure provided an applicant wants 
it to be applied.  
 
Where the competent customs department considers that the application does not c ontain all the 
information required it shall request the applicant to supply th e missing information within 
10 working days of notification of the request.  
 
The customs department shall notify the applicant of its decision granting or rejecting the 
applic ation within 30 working days of the receipt of the application. In the event of rejection, the 
customs department shall provide reasons for its decision and include information on the appeal 
procedure. If the applicant has been notified of the suspension o f the release or the detention of 
the goods by the customs authorities before the submission of an application, the customs 
department shall notify the applicant of its decision granting or rejecting the application within two 
(2) working days of the recei pt of the application. In Finland, the decision on the initiation of the 
suspension procedure is made by the Enforcement Department of Finnish Customs.  
 
Suspension procedures  
The new Regulation (EU) 608/2013 provides for the following procedures:  
(a) Simplified destruction procedure  
The new Regulation makes the so -called simplified destruction procedure compulsory with 
regards to all infringements of IPRs. The simplified procedure is applied when the right holder 
has confirmed the infringement and has accepted the destr uction of goods within ten 
(10) working days from the notification of suspension and: (a) the declarant or the holder of 
the goods agrees to destruction; or (b) even without his/her express consent in case the 
declarant or the holder of t he goods has not explicitly opposed destruction within the 
prescribed time period of ten (10) working days  of the notification of suspension  (see 
Article  23 of the Regulation).  
 IP/N/6/FIN/2  
 
- 9 - 
 
  Due to the mandatory nature of the simplified destruction procedure, it is no longer required 
that the right holder seeks a judgment by default in order to get the goods destructed in case 
the declarant or the holder of the goods remains passive. If the declarant or the holder of 
goods instead opposes the destruction of goods, the r ight holder can either try to negotiate 
with him/her or ultimately take legal action against him/her at the Market Court.  
 
(b) Procedure related to small consignments  
As for small consignments of counterfeit and pirated goods, a specific procedure is intro duced 
by the new Regulation 608/2013. This procedure regarding small consignment goods allows for 
such goods to be destroyed without the explicit agreement of the applicant i.e. the customs 
authority does not verify from the right holder that the goods in question infringe his/her IPRs. 
Instead, the customs authority only informs the declarant or the holder of the goods about the 
intention to destruct such goods. Small consignments goods can be destructed without the 
consent of the declarant or the holder o f the goods if he/she has not notified his opposition 
thereto within ten (10) working days of notification of the suspension.  In order for this 
procedure to be applied, it is required that the holder of the suspension decision has requested 
the use of this  procedure in the suspension application (Article 26). A definition of small 
consignment goods can be found from Article 2(19) of the Regulation.  
 
Right of inspection and information  
The customs authorities shall give the holder of the decision and the dec larant or the holder of the 
goods the opportunity to inspect the goods whose release has been suspended or which have been 
detained (Article 19). Under Articles 17(4) and 18(5) of the Regulation, the customs authorities 
shall, upon request and where availa ble to them, inform the holder of the decision of the names 
and addresses of the consignee, the consignor and the declarant or the holder of the goods, of the 
customs procedure and of the origin, provenance and destination of the goods whose release has 
been suspended or which have been detained.  
 
Requirements related to the duration of suspension  
The customs authorities shall grant the release of the goods or put an end to their detention, 
immediately after completion of all customs formalities, where th ey have not received within 
ten (10) working days both the written confirmation from the holder of the decision that, in his 
conviction, an intellectual property right has been infringed and his agreement to destruction, 
unless those authorities have been du ly informed about the initiation of proceedings to determine 
whether an intellectual property right has been infringed. Except in the case of perishable goods 
the customs authorities may extend the period by a maximum of 10 working days upon a duly 
justifi ed request by the holder of the decision in appropriate cases (Articles 23(1) and 23(4)).  
 
Where the customs authorities have been notified of the initiation of proceedings to determine 
whether a design, patent, utility model, topography of semiconductor p roduct or plant variety has 
been infringed, the declarant or the holder of the goods may request the customs authorities to 
release the goods or put an end to their detention before the completion of those proceedings.  The 
customs authorities shall release  the goods or put an end to their detention only if the declarant or 
the holder of the goods has provided a guarantee that is of an amount sufficient to protect the 
interests of the holder of the decision, the authority competent to determine whether an 
intellectual property right has been infringed has not authorized precautionary measures and all 
customs formalities have been completed (Article 24 that correspond s to Article 53.2 of the TRIPS 
Agreement).  
 
Security or equivalent assurance  
No security or administrative payments are requested from the applicant.   
 
Indemnification of the importer and the owner of the goods  
The owner of the goods may bring an action for recovery of damages resulting from the unfounded 
detention of the goods.  
 IP/N/6/FIN/2  
 
- 10 - 
 
  17.  Describe provisions governing the length and cost of proceedings. Provide any 
available data  on the actual duration of proceedings and their cost. How long is the 
validity of decisions  by the competent authorities for the suspension of the release of 
goods into free circulation?  
 
Duration of proceedings  
The application procedure is normally taken care of at the Enforcement Department of Finnish 
Customs within one working day. The matters have, with few exceptions, been brought before the 
court within ten (10) working days. When extending the period, the E nforcement Department of 
Finnish Customs has carefully considered the grounds for the application. The given extension has 
been ten (10) working days.  
 
Validity of decisions concerning suspension application  
When granting an application for action, the co mpetent customs department shall specify the 
period during which the customs authorities are to take action. That period shall not exceed one 
year (Article 11 of the Regulation 608/2013).  
 
Costs incurred from customs control  
Under the new Regulation 608/20 13, the right holder bears any costs incurred from customs 
control such as costs from destruction, disposal or storage of the infringing goods. However, the 
right holder can afterwards claim damages from the infringer so as to co ver these customs control 
costs (s ee Article 29) . 
 
18.  Are competent authorities required to act upon their own initiative and, if so, in 
what  circumstances? Are there any special provisions applicable to ex officio action?  
Competent customs authorities are allowed to act ex officio  when they identify goods suspected of 
infringing an IPR, which are not covered by a decision granting an application. In this case they 
may, except for in the case of perishable goods, suspend the release of those goods or detain 
them (Article 18).   
Under Article 18 (3) of the EU Regulation, the customs authorities shall notify the declarant or the 
holder of the goods of the suspension of the release of the goods or  their detention within 
one (1) working day of that suspension or detention. Provided a suspension application is 
subsequently submitted by the right holder after an ex officio  suspension notification delivered by 
the customs authorities, that suspension application must be submitted to the competent customs 
department within four (4) worki ng days of the notification of the suspension of the release or 
detention of the goods (Article 5(3)).  
19.  Describe the remedies that the competent authorities have the authority to order 
and any criteria  regulating their use.  
 
Decisions of the customs authorities can be appealed to the Administrative Court of Helsinki. The 
appeal period in a matter relating to the levying, repayment or remission of a duty is three years 
from the receipt of notice of the customs debt, however, al ways at least 60 days from the date of 
receipt of notice of the decision on the claim for adjustment. In other matters a n appeal must be 
lodged within 30 days counted from the date the appellant was notified of the decision. Decisions 
of the Administrative  Court of Helsinki may be appealed to the Supreme Administrative Court in 
case leave to appeal is granted by the Supreme Administrative Court.  
 
 
Criminal Procedures  
20.  Specify the courts which have jurisdiction over criminal acts of infringement of 
IPRs.  
 
(a) Industrial property  
The District Court of Helsinki has exclusive jurisdiction in criminal matters relating to industrial 
property rights. Market Court Engineers and secondary specialized members of the Market Court 
may assist the District Court of Helsinki in criminal matters upon the District Court 's request. The 
District Court of Helsinki may also hear civil claims for damages arising from the offence if such 
claims are presented during the criminal proceedings. An appeal is submitted the ordinary  way IP/N/6/FIN/2  
 
- 11 - 
 
  comprising two appellate instances; the Helsinki Court of Appeal and the Supreme Court. In the 
latter, a leave to appeal is however required as a prerequisite.  
 
(b) Copyright and related rights  
The court of first instance in criminal matters is the district court of the place where the crime was 
committed ( forum delicti ) or the district court of habitual residence of the person who is charged 
(forum domicilii ). In case of several related crimes or if one person is accused of several crimes, it 
is nev ertheless possible that all these related cases are heard in one court ( forum connexitatis ). 
The legal venue is thus determined according to general provisions of the Criminal Procedure Act 
(Chapter 4: Jurisdiction in criminal matters). A civil claim (dama ges and compensation) arising 
from the offence for which a charge has been brought may be heard in connection with the charge. 
Local district courts may request assistance from the Market Court 's specialized members. 
Decisions of the local district courts can be appealed to the competent Court of Appeal and 
ultimately to the Supreme Court. As for appeals to the Supreme Court, a leave to appeal is 
required.  
 
(c) Unfair Business Practices  
Under Section 11 of the Unfair Business Practices Act jurisdiction in c ases of violation of the 
competition rules relating to business practices or abuse of a technical model or technical 
directions as described in the Unfair Business Practices Act belongs to the District Court of Helsinki.  
 
21.  In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available?  
 
Criminal procedures and penalties with ordinary channels of appeal are available in respect of 
intentional infringements of all intellectual property righ ts contained in the TRIPS Agreement. In 
certain copyright cases, even gross negligence may constitute an infringement (copyright offence) 
punishable under the Copyright Act (Sections 56 to 56 f of the Copyright Act).  
 
22.  Which public authorities are respo nsible for initiating criminal proceedings? Are 
they required  to do this on their own initiative and/or in response to complaints?  
 
In Finland, the police and the Customs are investigators responsible for initiating criminal 
proceedings. Infringements of i ndustrial property rights and copyright are so -called complainant 
offences, which mean that the "victim or injured party " shall report the crime before proceedings 
can be initiated. In exceptional cases, proceedings may be initiated without a crime report from 
the holder of the right/complainant. According to Chapter 1, Section 14 of the Criminal Procedure 
Act, the complainant has the possibility of bringing charges in respect of an offence only in case 
the prosecutor decides not to prosecute or the investi gator or the prosecutor decides not to 
execute investigation or decides that an ongoing investigation will be suspended or concluded.  
 
In cases of crimes defined in Chapter s 49 and 30 of the Criminal Code the prosecutor may initiate 
criminal proceedings if  the injured party reports an intellectual property crime for prosecution, or 
for reasons of important public interest, on his own initiative (Chapter 49, Section 6 and 
Chapter  30, Section 12 of the Criminal Code).  
 
In cases of offences of intellectual pro perty rights defined in the relevant substance laws, the 
prosecutor shall not bring charges for offences of an intellectual property right, unless the injured 
party reports it for the bringing of charges or unless a very important public interest requires that 
charges be brought. (Provisions: please see answer to question 21 above as well as Unfair 
Business Practices Act, Section 11.) Minor exceptions to the general rule of complainant action are 
prescribed in the Copyright Act, regulating violations of the  moral rights of the author and the 
safeguard of the public interest in certain specific cases as well as violation of a technological 
measure  (Copyright Act, Section 62).  
 
23.  Do private persons have standing to initiate criminal proceedings and, if so, who?  
 
According to Chapter 1, Section 14 of the Criminal Procedure Act, the complainant/injured party 
has the possibility of bringing charges in respect of an offence only in case the prosecutor decides 
not to prosecute or the investigator or the prosecuto r decides not to execute investigation or 
decides that an ongoing investigation will be suspended or concluded.  
 IP/N/6/FIN/2  
 
- 12 - 
 
  Prosecutor is obliged to prosecute, unless owing to the lack of sufficient evidence the prosecution 
would be of no actual cause. If a prosecuto r has initiated an action, the injured party has a right to 
join the criminal action . 
 
According to Chapter 49, Section 6 of the Criminal Code, the prosecutor may initiate criminal 
proceedings if the injured party reports an intellectual property crime for prosecution, or for 
reasons of important public interest, on his own initiative.  
 
24.  Specify, by category of IPR and t ype of infringement where necessary, the 
penalties and other remedies that may be imposed:  
 
-  imprisonment;  
 
-  monetary fines;  
 
- seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production;  
 
- other.  
 
Imprisonment and monetary fines  
For intellectual property crimes contained in Chapters 49 and 30 of the Criminal Code may as a 
penalty be inflicted fines or imprisonment of a maximum of two years. For intellectual property 
offences according to the provisi ons of the relevant substance laws, as well as provisions of the 
Unfair Business Practices Act concerning disclosure of trade secrets, may as a penalty be inflicted 
fines (Provisions: please see answer to question 21 above).  
 
Seizure, forfeiture and destru ction 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 redemption or taken into safekeeping. Provisional seizure may also be ordered for 
the time of the proceedings (please see answers to questions 5 and 10 above). In criminal cases, 
seizure follows the provisions of Chapter 7 of the Coercive Measures Act.  
 
25.  Describe provisions governing the length and any cost of proceeding s. Provide any 
available data on the actual duration of proceedings and their cost, if any.  
 
The length and costs of proceedings vary from case to case. There is no first instance court fee in 
criminal cases instituted by the prosecutor. According to stati stics in 2013, 50 percent of criminal 
cases dealt with in district courts were concluded in less than 2 months. The proceedings last over 
6 months in only 13 percent of the cases. Criminal proceedings lasted on average 3.5 months at 
the Finnish district co urts.  
 
Provisions of the Act on Compensation for the Excessive Length of Judicial Proceedings apply also 
to criminal cases, which are tried at the general courts of law.  
 
 
__________