WORLD TRADE  
ORGANIZATION  IP/N/6/FIN/1/Add.1 
6 February 2007 
 (07-0507) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
 
Responses from Finland  
 
Addendum  
 
 
Civil and Administrative Procedures and Remedies 
 
 (a) Civil judicial procedures and remedies  
 1. Specify the courts which have jurisdiction over IPR infringement cases. 
  
 The Helsinki District Court (Helsingin käräjäoikeus) has the jurisdiction over cases of infringement involving industrial property rights. In cases of infringement of a patent, utility model or a right to the layout-design of an integrated circu it, the court is assisted by two technical experts. 
Decisions of the Helsinki District Court in IPR in fringement cases may be appealed to the Helsinki 
Court of Appeal and further to the Supreme Court in accordance with  the ordinary civil judicial 
procedure.   The Market Court decides the matters that acco rding to the Unfair Business Practices Act, 
including cases involving slavish imitation, belong to its competence. This includes injunction in 
cases of infringement of rights concerning protection of undisclosed information. The ordinary 
appellation procedure does not apply to the decisions of the Market Court. The party that has been 
imposed a conditional fine may, however, appeal the decision to the Supreme Court regarding the 
amount of the fine. Decisions of the Market Court may be appealed to the Supreme Court if the petition for leave of appeal is granted. The provisi ons on extraordinary appeal in Chapter 31 of the 
Code of Procedure are applied where appropriate. 
 
 In copyright cases, the court of first instance is  the district court of the habitual residence 
(forum domicilii ) of the defendant. The legal venue is thus determined ac cording to general provisions 
of the Code of Procedure concerning jurisdiction in civil litigation. Prorogation on jurisdiction is 
allowed in civil copyright cases. The Code of Procedure also provides for certain additional 
provisions complementing the forum domicilii  principle. A specific forum on the basis of the factual 
(substantial) connection is prescribed for in Secti on 61 of the Copyright Act, according to which the 
Helsinki District Court has jurisdiction in cases involving radio or television broadcasts violating the Copyright Act. Appeal is submitted the ordinary way comprising two appellate instances (Court of Appeal and the Supreme Court. In the latter, a leav e to appeal is however required as a prerequisite). 
 2. Which persons have standing to assert IP Rs? How may they be represented? Are there 
requirements for mandatory personal appearan ces before the court by the right holder? 
 
                                                     
 
1 Document IP/C/5. IP/N/6/FIN/1/Add.1 
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  Proceedings instituted on the grounds that the right has been granted to a person other than 
entitled to it may only be in stituted by the person claiming to have a better right therein. In other cases 
proceedings for declaration of invalidity may be instituted by any person who suffers damage as a 
result of the grant of the right or by a pub lic prosecutor for reasons of public interest. 
 
 The right holder or any person who may exploit the protected right under a licence may bring 
an action for declaratory judgement to establish wh ether he enjoys protecti on against other parties 
where uncertainty exists. It is also possible to br ing an action to obtain a declaratory judgement to 
establish whether the particular registration preven ts 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, th e registered right holder and the licensee have 
standing to assert intellectual property rights.   The parties may in civil cases be represented befo re the court personally or by an attorney or 
another agent on their behalf. The court may, howev er, 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 produ ce evidence that lies within its control? 
  General provisions concerning a party's oblig ation to produce written evidence on demand 
(editio ) are given in Chapter 17, Sections 11b to 17 of th e Code of Procedure. In addition, there is an 
Act on Safeguarding the Evidence in Civil Actions concerning Immaterial Property Rights, which has 
entered into force in 2000. Chapter 17, Section 12 of the Code of 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 related to him. In criminal cases the provi sions of the Coercive Measures Act on seizure and 
house search are applied. According to Chapter 4, Section 1 of the Coercive Measures Act, a product 
may be seized if it is assumed to have evidentiary value in a criminal case. According to Chapter 5, 
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, issue 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 re quest of the opposing party. There are also rules on 
a procedure where the counterparty has to announce, at the request of 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 gi ve 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 Procedure, Chapter 17, Section 24).   If confidential information concerning other pa rty'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 Publicity of Administration of the Law, 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 peri od of time. (Sections 5, 5b and 9 of the Act on the  IP/N/6/FIN/1/Add.1 
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  Publicity of Court Proceedings, and Section 24(20) of the Act on the Openness of Government 
Activities).   The Act on the Openness of Government Activ ities (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 or an applicant who 
due to his position as a party has acquired info rmation 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, th e court may make an order forbidding the person 
infringing the IPR to continue or repeat the infringe ment. It is possible to bring an independent action 
for injunction. Request concerni ng injunction can be made in civil cases as well as in criminal 
proceedings.   Damages 
 
 
 Any person who intentionally or by negligence infringes an industrial property right is liable to pay reasonable compensation for the damage ca used by the infringement. In case of slight 
negligence, the compensation may be adjusted accord ingly. In cases where the infringement is neither 
intentional nor negligent, the infringer shall pay co mpensation for the exploitation of the invention if 
and to the extent considered reasonable. 
 
 In copyright cases, the defendant cannot exculp ate himself out of compensation to the rights 
holder for the infringing use (strict liability). In th e case of wilful or negligent conduct, in addition to 
fair compensation, the infringer is to pay dama ges 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 extends 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 sp ecific circumstances are taken into account. Rules 
for the determination of the damages have been estab lished in court practice in all IPR fields. Claims 
can be presented both in civil and criminal proceedings. 
  Destruction or other disposal of infringi ng goods and materials/implements for their 
production  
 
 In IPR infringement cases, the court may prescrib e, 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 in fringing property in question has acted in good 
faith. Claims based on an infringement can be presented both in civil and criminal proceedings. 
 IP/N/6/FIN/1/Add.1 
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  The Act to Safeguard the Evidence in Civil Actions concerning Immaterial 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 seizu re in order to safeguard the presentation of 
evidence. 
 
 Other remedies
 
 
 See point 10: provisional measures 
 
6. In what circumstances, if any, do judici al authorities have the authority to order the 
infringer to inform the right holder of the identity of third persons involved in the 
production and distribution of the goods of services found to be infringing and of their 
channels of distribution? 
  In a civil case, a party may be heard for ev identiary purposes. A party shall keep the truth 
when making statements on the circumstances i nvoked by him in the case, when commenting on the 
circumstances invoked by the opposing party, an d when replying to the questions put to him 
(Chapter 14, section 1 of the Code of Procedure).   
 In a criminal case any person, whom is assumed to possess information of the offence, is 
obliged on a summons by the court to appear at a pre-trial investigation in accordance with section 17 
of the Criminal Investigations Act. According to sec tion 18 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 un der conditions set forth in Chapter 
1 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 negligent errone ous 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 neg ligence. Administrative actions taken in good faith do 
not cause liability. 
  Chapter 10 of the Penal 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 whose advantage the offenc e has been committed, where there have benefited 
from the offence. (Chapter 10, sec tion 2) The Chapter also provides rules for extended forfeiture of 
the proceeds of crime and forfeiture of certain other property. If an object or property cannot be ordered forfeit because, e.g., the object or property h as 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 behalf or to whose advantage the offence has been committed. 
 8. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of proceedings and their cost. 
 
 There are no specific provisions governing the length of proceedings in the Finnish law.  
  In civil cases, court proceedings start with pr eliminary hearings. The preliminary hearings 
should be concluded without delay; if possible, in one session. The parties should prepare themselves  IP/N/6/FIN/1/Add.1 
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  for the hearing adequately, so that there would be  no need to postpone the proceedings due to the 
party's negligence. Sometimes a case 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 proceedings is under the control of the court and therefore varies from case to 
case. In 2004 the average length of proceedings of all civil cases decided on the main hearing was 
about 10 months.    The general rule concerning the costs in civ il proceedings, according to Chapter 21, Section 1 
of the Code of Procedure, is that the party who loses the case shall be liable for all reasonable costs 
incurred by the necessary measures of the opposing pa rty, unless otherwise provided by an Act. The 
compensation shall, under Chapter 21, Article 8, full y cover the costs of the preparation for the trial 
and the participation in the proceedings, as well as th e fees of the attorney or counsel, to the extent 
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. In Finland the court fees are low in general. For example, the court fee for a civil case decided with the full composition is 
160 euros. The other legal costs result from possible a ttorney fees as agreed between a party and an 
attorney. In 2004 the average of  the legal costs was 6600 euros and the median 3800 euros in civil 
cases decided on the main hearing. Regarding plai ntiffs’ claims, the average was 6900 euros and the 
median 4900. With regard to defendants’ claims, the average was 7300 euros and the 
median 4300 euros.     The Legal Aid Act provides rules for the dete rmination 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 to 
have taken place, the infringing goods may, to preven t continuation of the infri ngement, be ordered to 
be seized or taken into safekeeping. There are no specific provisions on provisional measures in the 
Copyright Act.   General provisions concerning judicial precauti onary measures in civil matters are contained 
in Chapter 7 of the Code of Procedure and in th e Act to Safeguard the Evidence in Civil Actions 
concerning Intellectual Property Rights.   IP/N/6/FIN/1/Add.1 
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  If the petitioner can establish a probability that he/she holds a debt that may be rendered 
payable as prescribed in the Enforcement Act, and th at there is a danger that the opposing party hides, 
destroys or conveys his property or takes other ac tion 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, order the property of the opposing party to be placed  under the administration or care of a trustee, or 
order other measures necessary for secu ring the right of the petitioner. 
 
 Provisions on seizure in criminal proceedings ar e contained in Chapters 3 and 4 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, the court may also grant an 
interlocutory injunction on use of the goods claime d to be infringing. The prohibition will remain in 
force until final judgement in the matter of substa nce 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.  
11. In what circumstances may such measures be ordered inaudita altera  parte ? 
 
 The decision to undertake precautionary measure s under Chapter 7 of the Code of Procedure 
may be made, on petition, by a general court of law. According to Chapter 7, Section 5 of the Code of 
Procedure and Sections 4 and 5 of the Act to Sa feguard 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 measures can 
otherwise be compromised, the court may on the request of the petitioner give an interim order on precautionary measures without reserving the opposi ng 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 pers on on whose premises the good is seized is not 
present, he shall immediately be informed about the seizure (Coercive Measures Act, Chapter 4, 
Sections 5 and7).  12. Describe the main procedures for the initia tion, ordering and maintenance in force of 
provisional measures, in particular relevant time-limits and safeguards to protect the 
legitimate interests of the defendant. 
 
 The court may, on petition, impose precautiona ry measures in civil matters under Chapter 7 
of the Code of Procedure and Sections 4 and 5 of the Act to Safeguard the Evidence in Civil Actions 
concerning Intellectual Property Rights. Precauti onary measures shall not be granted without 
reserving the opposing party an opportunity to be he ard. 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 precautionary 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 measures. 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 precau tionary measures remain in force until the main 
decision becomes final. If the action is aba ndoned, the precautionary measures are cancelled. A  IP/N/6/FIN/1/Add.1 
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  petitioner who has unnecessarily resorted to precautiona ry measures must cover the costs incurred. A 
court order on precautionary measures may be appealed separately.   For initiation in criminal cases, see point 11 a bove. The seizure may be cancelled by the same 
authority that imposed it. Cancellation has to ta ke 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 with in a week. The court has to give the parties 
involved an opportunity to be heard, but an absen ce of a party does not preclude a decision in the 
matter. An appeal 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 appe llant may in some cases be obliged to give a 
security for the damage and disadvantage that may be caused by the measure.  
 Chapter 7 of the Enforcement Act contains provisions on enforcement of the precautionary 
measures. A measure may not be put into effect, an d the enforcement 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. The general rule is that a deci sion 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 fro m providing the security referred to in Chapter 7, 
section 16 of the Enforcement Act, if the petitioner is  found unable to do so and if his right is deemed 
manifestly well-founded.   
13. Describe provisions governing the length a nd 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. In an obvious case precautionary 
measures may be granted expeditiously. The issue of  the final liability to cover the expenses incurred 
by the application and enforcement of the precauti onary 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 7, Section 11a of th e Execution Act, in case th at the purpose of the 
precautionary measures prescribed in Chapter 7, S ections 1-3 of the Code of Procedure would 
otherwise be endangered, the said measures may be granted by the public executor, if the requesting 
party has legal grounds for his application and the application cannot immediately be granted by the 
court. The maximum period of validity for such d ecision and measure is six month, unless renewed by 
the executor on special grounds. As regards provisiona l measures by administrative authorities in the 
course of criminal investigations, see points 11 and 12 above (Chapter 4 of the Coercive Measures Act).  
Special Requirements Related to Border Measures
 
 
15. Indicate for which goods it is possible to apply for the suspension by the customs 
authorities of the release into free circulati on, in particular whether these procedures 
are available also in respect of goods which involve infringements of intellectual 
property rights other than counterfeit trademark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant IP/N/6/FIN/1/Add.1 
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 criteria, any imports excluded from the app lication of such procedures (such as goods 
from another member of a customs union, goods in transit or de minimis imports).  Do 
the procedures apply to imports of goods put on the market in another country by or 
with the consent of the right holder and to goods destined for exportation?  
 
 As a Member State of the European Community (EC) Finland applies the relevant Community law as follows:   
 According to Council Regulation (EC) No 3295/ 94, the suspension of the release for free 
circulation may be applied to coun terfeit goods, i.e. 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 ess ential aspects from su ch 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 pr esented separately or not, as well as to packaging 
materials bearing the trademarks of counterfe it goods presented separately (Article 1(2)(a)). 
  The suspension procedure may also be app lied 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)). 
  The procedure applies also to goods infringing a patent under the law of that Member State or 
a supplementary protection certificate as provided fo r by Council Regulation (EEC) No 1768/92 or 
Regulation (EC) No 1610/96 of the European Parliament and of the Council. 
 
 The suspensive procedure does not apply to goods of a non-commercial nature contained in 
travellers' personal luggage (Article  10) or to goods which bear a trademark or which are protected by 
a copyright or a neighbouring right or a design ri ght and which have been manufactured with the 
consent of the holder of the right but are placed into free circulation; export, re-export or a suspensive procedure, without the consent of the holder (Article 1(4)). 
 
 The scope of Regulation (EC) No 3295/94 was extended on 1 July 2004, when the new 
Council Regulation (EC) No 1383/03 entered in to force. The scope now encompasses also 
geographical indications and plant breeders’ rights.  16. Provide a description of the main elements of the procedures relating to the suspension 
of the release of goods by customs authoriti es, in particular the competent authorities 
(Article 51), the requirements for an applic ation (Article 52) and various requirements 
related to the duration of suspension (Article 55).  How have Articles 53 (security or equivalent assurance), 56 (indemnification of the importer and of the owner of the goods) and 57 (right of inspection and information) been implemented?   
 
 According to Council Regulation (EC) No 3295/94, the holder of a right may lodge an application for the suspension of the release of goods with any office of the customs authority. The 
decision on the initiation of the procedure is made by the control and inspection unit of the National 
Board of Customs. 
  The application shall include a sufficiently de tailed description of the goods and a proof that 
the applicant is the holder of the right for the goods in question. The application must also specify the 
length of the period during which the customs author ities are requested to take action (Article 3(2) 
and 3(3)). 
  IP/N/6/FIN/1/Add.1 
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   If, within ten (10) working days of notificati on of suspension of release or of detention, the 
customs office has not been informed that the matte r has been referred to the court, the goods shall be 
released, provided that the customs formalities have  been complied with and the detention order has 
been revoked. This period may be extended by a ma ximum of ten (10) working days in appropriate 
cases (Article 7(1)). 
 
 No security or administrative payments are re quested from the applicant. The owner of the 
goods may bring an action for recovery of dama ges resulting from the unfounded detention of the 
goods.  
 The customs authorities shall notify the holder of the right, at his request, of the name and the 
address of the declarant and, if known, of thos e of the consignee (Article 6(1)). The customs 
authorities shall also inform the holder of the ri ght, upon request, of the names and addresses of the 
consignor, of the importer or expor ter and of the manufacturer of the goods found to be counterfeit or 
pirated and of the quantity of the goods in question (Article 8(3)). 
 
 The customs authorities shall afford the app licant the opportunity to inspect the goods whose 
release has been suspended (Article 6(1)).   The procedure was changed to some extent due to the entry into force of Regulation 
(EC) No 1383/03 on 1 July 2004, meaning, for instance, that a right holder shall provide more 
detailed information in the applica tion, which will be made on a single standard form in all European 
Union Member States. Application fees and secur ities are abolished and replaced by a standard 
declaration by the applicant to bear all costs incurred in keeping goods under customs control 
(Article 6).   17. Describe provisions governing the length a nd cost of proceedings.  Provide any available 
data on the actual duration of  proceedings and their cost.  How long is the validity of 
decisions by the competent authorities for the suspension of the release of goods into free 
circulation? 
 
 The application procedure is normally taken care of at the National Board of Customs within 
one working day. The matters have, with fe w exceptions, been brought before the court 
within ten (10) working days. When extending the period, the Board of Customs has carefully 
considered the grounds for the application. The given extension has been ten working days.  
  According to (EC) Regulation No 1383/03, wh en granting an application for action, the 
competent customs department shall specify the period during which the customs authorities are to 
take action. That period shall not exceed one year.   
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? 
 
 If it becomes apparent in the customs office that the goods are counterfeit or pirated, the customs authorities may inform the holder of the right of the risk of infringement (Customs Code, Section 25). In this case, the customs authorities ma y suspend the release of the goods or they may 
keep it for three working days, so as to enable the holder of the right to lodge an application for 
appropriate measures. More deta iled provisions were included in  (EC) Regulation No 1383/03. 
 
19. Describe the remedies that the competent authorities have the authority to order and 
any criteria regulating their use.   
 IP/N/6/FIN/1/Add.1 
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  A negative decision by the National Board of  Customs concerning the application may be 
appealed to the Supreme Administrative Court. A de cision by a district customs office suspending the 
release of the goods into free circulation may be appealed to the National Board of Customs and 
further to the Supreme Administrative Court. 
 
Criminal Procedures
 
 
20. Specify the courts which have jurisdiction  over criminal acts of infringement of IPRs. 
 
 The Helsinki District Court has the jurisdiction over criminal acts of infringement of industrial property rights. 
 
 Jurisdiction in cases of disclosure of confiden tial information as described in the Unfair 
Business Practices Act belongs to the court of fi rst instance in the district where the crime was 
committed.  
 In copyright cases, the competent authority of first instance is the district court of the place 
where the crime was committed ( forum delicti ). The only supplementary forum on the basis of the 
factual (substantial) connection is prescribed in Ar ticle 61 of the Copyright Act, according to which 
the Helsinki District Court has the jurisdiction in cases involving radio or television broadcasts which violate the Copyright Act.  
 The procedure of appeal in above-mentioned cases follows the ordinary way of appeal with 
two appellate instances (Court of Appeal and the Su preme Court, the latter being subject to leave to 
appeal).  
21. In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available? 
 
 Criminal procedures and penalties with ordinary ch annels of appeal are available in respect of 
intentional infringements of all intellectual prope rty rights contained in the TRIPS Agreement. 
  In certain copyright cases, even gross neglig ence may constitute an infringement (copyright 
offence) punishable under the Copyright Act (Articles 56 to 56d of the Copyright Act). 
 
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they 
required to do this on their own initiative and/or in response to complaints? 
 
 In Finland, the police and the Customs are i nvestigators responsible for initiating criminal 
proceeding. Infringements of industrial property rights and copyright are so-called complainant offences, which means that the “victim” shall report the crime before proceedings can be initiated. In 
exceptional cases, proceedings may be initiated w ithout a crime report from the holder of the 
right/complainant.  
  According to Chapter 1, Section 14 of the Cr iminal Procedure Act, the complainant has the 
possibility of bringing charges in respect of an offence only in case the public  prosecutor decides not 
to prosecute or the investigator or the prosecutor de cides not to execute investigation or decides that 
an ongoing investigation will be  suspended or concluded.  
  In cases of crimes defined in Chapter 49 of the Penal Code the public 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 3 and Chapter 30, 
Section 12 of the Penal Code).  IP/N/6/FIN/1/Add.1 
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   In cases of offences of intellectual property rights  defined in the releva nt substance laws, the 
public prosecutor shall not bring charges for offe nces 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: see point 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 ri ghts of the author and the safeguard of the public 
interest in certain specific cases (Copyright Act, Section 62). 
 
23. Do private persons have standing to in itiate criminal proceedings and, if so, who? 
 
 According to Chapter 1, Section 14 of the Cr iminal Procedure Act, the complainant has the 
possibility of bringing charges in respect of an offence only in case the public  prosecutor decides not 
to prosecute or the investigator or the prosecutor de cides not to execute investigation or decides that 
an ongoing investigation will be  suspended or concluded.  
  Public prosecutor is obliged to prosecute, unl ess owing to the lack of sufficient evidence the 
prosecution would be of no actual cause. If a public prosecutor has initiated an action, the injured 
party has a right to join the criminal action.  
 
 According to Chapter 49, Section 3 of the Penal Code, the public 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 type of in fringement where necessary, the penalties and 
other remedies that may be imposed: 
  - imprisonment;  - monetary fines; 
 - seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production; 
 - other. 
 
 Imprisonment and monetary fines
: 
 
 For intellectual property crimes contained in Ch apters 49 and 30 of the Penal Code may as a 
penalty be inflicted fines of imprisonment of a maximum of two years. For intellectual property 
offences according to the provisions 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: see point 21 above). 
  Seizure, forfeiture and destruction of infringi ng 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 (see further points 5 and 10  above). In criminal cases, seizure follows the 
provisions of Chapter 4 of the Coercive Measures Act.  
25. Describe provisions governing the length and any cost of proceedings.  Provide any 
available data on the actual duration of proceedings and their cost, if any. 
  IP/N/6/FIN/1/Add.1 
Page 12  
 
  The length and costs of proceedings vary from  case to case. There is no first instance court 
fee in criminal cases instituted by the public prosecutor. According to  statistics in 2004, 56 percent of 
criminal cases dealt with in district courts were concluded in less than 2 months. The proceedings last 
over 6 months in only 8 percent of the cases.     
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