In order to apply border measures for the protection of intellectual property rights the holder of the rights shall lodge a corresponding application in writing with the Customs Department under the Ministry of Finance (the central administration of Lithuanian Customs). The form of application for action to be taken by the customs authorities is established by the Customs Department. This application shall contain / be accompanied by: - a detailed description of the goods (including the HS code, elements of packaging and costs, if known to the applicant), samples, photographs, drawings of the goods and/or any other pertinent information relating to the features of goods which would help the customs authorities to distinguish the goods infringing an intellectual property right from the lawfully produced goods; - proof that the applicant is the holder of intellectual property rights for the goods in question or a representative of the holder; - information about the applicant (name of the legal person or name and surname of the natural person, the official address, phone and fax numbers) and about other persons of the Republic of Lithuania entitled to import or export the goods in question (if such persons are known to the applicant). The application shall be lodged with the following proof that the applicant is the holder of intellectual rights for the goods in question or his representative attached thereto: - certificate of registration of a trademark or an extract from the Register of Trade Marks of the Republic of Lithuania if the person is the right holder of a registered trademark; - an effective court decision to recognise the mark as well-known in the Republic of Lithuania if the person is the right holder of a well-known mark; - a patent for invention or an extract from the Register of Patents of the Republic of Lithuania if the person is the owner of a patent; - certificate of industrial design or an extract from the Register of Industrial Design of the Republic of Lithuania if the person is the owner of a registered industrial design; - any available proof of the authors’ rights or related rights if the person is the holder of copyright or related rights; - a licence contract and appropriate evidence if the person possesses a licence for the use of a trademark, well-known mark, patented invention or industrial design, a work or an object of related rights; - the proof referred to above and the document of authorisation and/or any other documents evidencing the person’s powers granted to him, if the person is a representative of the holder of intellectual rights. The following shall be submitted with the application as well (if the information is available for the applicant): - all information relevant to the lodged application and pertinent to the examination thereof, in order to enable the Customs Department to take a decision in full knowledge of the facts related to the application as well as evidence of infringement of the applicant’s rights available to him, submitted in support of the application; - information on the place of storage of the goods or the presumed place of carrying of the goods across the state border of the Republic of Lithuania and/or the intended destination, particulars identifying the consignment or packages, the scheduled time (date) of arrival or dispatch of the goods, the means of transport which are or could be used for carrying the goods, also the identity of the producer, importer, exporter or holder of the goods. The applicant must also specify in the application the length of the period during which action by the customs authorities should be taken with respect to the goods suspected of infringing his rights and to pledge to provide an appropriate security after his application is granted and after the customs detains the goods suspected of infringing his rights, and to give the customs assistance needed in identifying the goods. Where a decision is taken by the Customs Department to grant the application, the maximum one-year time limit of action by the customs authorities with respect to the carried goods suspected of infringing the applicant’s rights shall be indicated in the decision. The time limit may be extended upon the applicant’s request, however, for not longer than one (1) year. Moreover, the set or extended time limit of action taken by the customs authorities may not be longer than the period of validity of the rights of the holder of intellectual property rights or his representative. Where the customs office detains the goods suspected as being infringing intellectual property rights it shall promptly inform the applicant, the Customs Department, the declarant or, in certain cases, the person who brought the goods into the customs territory of the Republic of Lithuania and the Tax Police Department, which is one of the responsible institutions for the protection of intellectual property rights in Lithuania. If, within a period of ten (10) working days after the applicant has been notified of the detention, the document evidencing the application to court by the holder of intellectual property rights or his representative has not been submitted with the customs authorities and if no request for extension of the time limit has been received from the holder of intellectual property rights or his representative, the formalities of placement of goods under a customs procedure or assigning the goods any other customs-approved treatment or use for which the detained goods have been presented to customs, shall be carried out. If the holder of intellectual property rights or his representative has been unable for valid reasons to apply to the court within the above period of detention of goods the customs authorities, having received a written request from the holder of intellectual property rights or his representative, may extend the time limit by a maximum of ten (10) working days. If the customs authorities is submitted, within the time period of detention of goods, a document evidencing the institution of legal proceedings by the holder of intellectual property rights or his representative, the period of detention of the goods shall be extended pending the issuing of the court order on the imposition of provisional measures or the taking of a substantive decision. After detention of the goods the customs office, that has taken this action, may require the applicant, after his application has been granted by the Customs Department, to provide, within a three-day period after his notification of the action having been taken, a security: - to cover any liability on his part vis-à-vis the customs authorities if claims are lodged against it by persons involved in the action by the customs authorities, where the procedure initiated by detention of the goods is discontinued owing to an act or omission by the applicant or where it appears evident that action by the customs authorities has been taken with respect to goods which are subsequently found not to be goods infringing an intellectual property right; - to ensure payment of the costs incurred in delivering the goods detained by the customs authorities to the place under customs control and in keeping the goods in question under customs control. The procedure of assessment of the amount of above security is to be established by the Customs Department, which is authorised to establish this procedure by the Government. The provision of security may be considered not mandatory if: - the applicant undertakes in writing to pay the amount requested by the customs authorities after he has received its first written request for the covering of his liability or for the payment of the costs, and - the value of the goods with respect to which action is taken by the customs authorities does not exceed the amount fixed by the Customs Department, which is authorised to fix this amount by the Government. On suspicion that the detained goods are products or components thereof infringing the rights of the owner of a patent for invention or owner of registered industrial design or the successor in title of any of the above persons, the formalities of placement of goods under a customs procedure or assigning the goods any other customs-approved treatment or use for which the detained goods have been presented to customs may be carried out at the request of the owner, consignee or importer of the goods not only in cases when the period of detention of the goods is expired, but also when the following conditions are met: - the customs authorities has been submitted, within the time period of detention of goods, a document evidencing that the holder of intellectual property rights or his representative has applied to the court with a statement of claim; - the customs authorities has not been submitted, within the time period of detention of goods, the court order on the imposition of provisional measures; - all the requirements laid down by legislation for the placement under a customs procedure or assigning any other customs-approved treatment or use have been fulfilled; - the owner, consignee or importer of the goods has provided a security to cover any liability for possible claims lodged by the above-mentioned holder of intellectual property rights or his representative. The amount of the above security, which shall be assessed in the manner prescribed by the Customs Department, which is authorised by the Government, must be sufficient to cover the claims of the holder of intellectual property rights, which might be lodged against the customs authorities if not satisfied by other remedies open under law to the holder in protection of intellectual property rights. Damage inflicted by unlawful actions of customs officers and employees as well as damage caused by the applicant’s acts or omission shall be compensated in accordance with the procedure established by the Civil Code and other laws. Having detained the goods the customs authorities shall notify the applicant, at his request, of the name and address of the declarant and, if known, of those of the consignee and shall also furnish information on the detained goods and their quantity. The customs authorities shall provide the above information in compliance with the laws and other legal acts regulating the protection of personal data, State, official and commercial secrets. Having regard to the conditions of customs control of the goods, the customs office which detained the goods shall afford the applicant and the persons having the right to dispose of the goods the opportunity to inspect the goods and take samples thereof. If the goods detained by the customs authorities are recognised by the court decision to be infringing an intellectual property right the customs authorities shall provide the applicant, upon his written request, the information which has not been given earlier on the goods in question and their quantity, the names and addresses of the consignor, of the importer or exporter and of the manufacturer of the goods as well as information on similar goods earlier imported by the same importer (received by the consignee) or exported by the exporter (dispatched by the consignor).