WORLD TRADE
ORGANIZATIONIP/N/6/MNG/1
9 November 1998
(98-4400)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Mongolia
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The courts with jurisdiction over IPR infringement cases are the District Court in Ulaanbaatar
and provincial court (Articles 19 and 82 of the Code of Civil Procedure "CCP")
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?
Right holders, and those claiming such rights have standing before the Court.  Such persons
may be represented by solicitor/attorney (Articles 3, 30, 31 CCP and Article 27 of the Patent Law,
Articles 24, 25 of the Copyright Law, Article 20 of  the Trademark and Trade Name Law).  A person
represented by a lawyer shall be present before the court.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
The judge in charge of the proceeding may order the other litigant or a third party to disclose
documents or other evidence he deems necessary to include in the case file at the request of any party(Article 37 CP).
4. What means exist to identify and protect confidential information brought forward as
evidence?
Under the Constitution of Mongolia, justice is required to be administered in public, unless
otherwise prescribed by law.
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;
                                                     
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- destruction or other disposal of infr inging goods and materials/implements for
their production;
- any other remedies.
A judge may order an injunction prohibiting the us e of a trademark or patent as a provisional
decision until a final judgment is reached (Article 69 CCP).  A judge may order, in the judgment
settling the litigation, that the person infringing a patent and copyright shall pay for actual damages
suffered and for lost profits in future sales in addition to paying the costs of the proceeding
(Article 155 Civil Law).
6. In what circumstances, if any, do judicial authorities have the au thority to order the
infringer to inform the righ t holder of the identity of third persons involved in the
production and distribution of the goods or services found to be infringing and of their
channels of distribution?
When questioning the party, whether in accordance or not with specific rules, a judge may ask
which subjects are involved in the production or distribution of the goods or services infringing a
patent and copyright.
The Court has the authority to order the infringer to inform the right holder about a third party
involved in the infringing acts (Article 27 CCP).
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?
An injunction is usually granted on the undertaking of the person seeking it to pay damages if
it transpires that the defendant was wrongfully accused.  The person seeking the injunction may have
to pay damages to the defendant in these cases.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their costs.
The Court of First Instance must decide the civil case within two months from the date of
decision to open the case (Article 71 CCP).  This period may be extended, if necessary.
The Appeal Court (Aimag and Capital City Court) must decide within 30 days and the
Supreme Court must decide 21 days from receiving date of opposition (Articles 71, 170, 182 CCP).
The following fees shall be collected for the issue of documents by a court, and for the
submission of applications, complaints and claims to the Court for settlement.
(a) Claims for loss in respect of tangible assets:
Amount of claim FeeUp to 1,000 Tugriks 20 Tugriks
1,001-3,000 Tugriks 50 Tugriks
3,001-10,000 Tugriks 2 percent of fee price index
10,001-50,000 Tugriks 3 percent of fee price index
50,001- Tugriks or over 4 percent of fee price index.IP/N/6/MNG/1
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(b) 50 Tugriks shall be payable for claims for loss in respect of intangible assets.
(c) 5 Tugriks per page for the reissue of court documents, court decisions, copies of case 
evidence, court recommendations, sentencing documents and invoices (Article 6 Lawof Mongolia on State Stamp Duties).
1 US$ = 850 Tugriks.
9. Reply to the above questions in relation to  any administrative procedures on the merits
and remedies that may result from these procedures.
There are no applicable administrative procedures and remedies.
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
There is no provision on seizure and provisional measures.  The Government is preparing a
draft law related to provisional measures.
11. In what circumstances may such measures be ordered inaudita altera parte ?
Please see the response to question 10.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
Please see the response to question 10.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Please see the response to question 10.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
There are no applicable administrative procedures and remedies.
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 invol ve infringements of intellectual property
rights other than counterfeit trademark or  pirated copyright goods as defined in the
TRIPS Agreement (footnote to Article 51).  Specify, together with relevant criteria, any
imports excluded from the application of su ch procedures (such as goods from anotherIP/N/6/MNG/1
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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?
Customs authorities may suspend the importation of suspected goods.  However, there is no
provision and regulation concerning seizure of infringed goods.  The Government is preparing a draft
law related to border measures and provisional measures.
16. Provide a description of the main elements of  the procedures relatin g to the suspension of
the release of goods by customs authorities,  in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of susp ension (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?
Please see the response to question 15.
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 compet ent authorities for the suspension of the relea se of goods into free
circulation?
Please see the response to question 15.
18. Are competent authorities required to act upo n their own initiative and, if so, in what
circumstances?  Are there any speci al provisions applicable to ex officio  action?
Please see the response to question 15.
19. Describe the remedies that th e competent authorities have th e authority to order and any
criteria regulating their use.
Please see the response to question 15.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The Courts with jurisdiction over criminal acts of infringement of IPRs are the District,
Provincial Court of First Instance, the Appeal (C ity and Aimag Court) Court and the Supreme Court
(Article 35 Law of Criminal Procedure).
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Criminal procedures and penalties are available in respect of the following activities:
- production for sale or rental of infringing copies of the work;
- using illegally a scientific, literary, artistic work created by others;
- abuses in other ways of a copyright for the distribution or sale;IP/N/6/MNG/1
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- distribution of goods without prior approv al of the inventor of an invention;
- production of counterfeit goods in violation of a foreign and local trademark
and the illegal use of trademarks, label and quality of goods.
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiati ve and/or in response to complaints?
Prosecutor, detective and organization of crime registration are responsible for initiating
criminal proceeding.
Criminal proceedings are generally initiated in  response to complaints (Article 117 Criminal
Procedure Law).
23. Do private persons have standing to init iate criminal proceedings and, if so, who?
Private persons have standing to initiate criminal proceedings (Article 113 CPL).
24. Specify, by category of IPR and type 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.
A person infringing an IPR shall be liable to a fine of 50,000-150,000 Tugriks or sentenced to
corrective labour up to one and a half years.
A person who distributes beforehand work of  discoveries without authorization of the
inventors shall be liable to a fine of 60,000-250,000 Tugriks or corrective labour for one and a halfyears.
A person who wilfully makes counterfeits of foreign and local trademarks and illegally makes
and uses mark, label and quality of goods, shall be liable to a fine of 50,000-150,000 Tugriks and
imprisonment of up to three years.
25. Describe provisions governing the length a nd any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
For both civil and criminal proceedings relating to IPR violation, the period of time for courts
to decide a case is two months, an extens ion of this time-period is however possible.
For the costs involved in civil proceedings, see the reply to question 8 above.  There are no
costs involved in criminal proceedings.
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