Enforcement of the protection for geographical indications in Lithuania is provided under: - Law on Competition (Articles 16-17) "Article 16: Prohibition of Acts of Unfair Competition. 1. Undertakings shall be prohibited from performing any acts contrary to honest business practices if such acts may be detrimental to competition interests of another undertaking, including: ... (2) misleading of undertakings by providing them with incorrect or unjustified information about quantity, quality, components, properties of usage, place and means of manufacturing, price of its goods or goods of another undertaking, or concealing risks associated with the consumption, processing or other possible usage of those goods; ... 3. The information specified in subparagraph (2) of paragraph 1 hereof on the designation of origin of a good implies geographical indications provided in any suitable way characterizing the good as produced in the territory of a certain state or in a certain region or area of the territory which is associated with quality, reputation or other properties of the good. Article 17. Protection of Rights 1. The undertaking legitimate interests whereof are violated by actions of unfair competition shall be entitled to bring an action in court seeking: (1) termination of illegal actions; (2) recovery of the damages; (3) imposition of the obligation to make one or several statements of a certain content or form, denying the previously submitted incorrect information or giving explanations as to the identity of the undertaking or its goods; (4) seizure and destruction of the goods, their packaging or attributes, directly related to unfair competition, unless infringements can be eliminated otherwise. 2. The organisations representing the interests of undertakings or consumers shall also enjoy the rights specified in subparagraphs 1, 3 and 4 of paragraph 1 hereof. 3. Liability for the use of misleading advertising shall be established by the laws of the Republic of Lithuania. 4. The Competition Council shall investigate the acts of unfair competition only in the cases where these acts violate the interests of a number of undertakings or consumers. The Competition Council shall impose sanctions for these acts provided for by legislation." - Law on Trademarks (Articles 6-7, 18, 46 and 50-53) "Article 6. Absolute Grounds for Refusal of Registration or Invalidation of a Mark 1. A sign shall not be recognised as a mark and shall be refused registration or the registration of a registered mark shall be declared invalid if: ... (5) the sign is of such a nature as to mislead the public, for instance as to the nature, quality or geographical origin of the goods and/or services; ... (11) it contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the mark for such goods in the Republic of Lithuania is of such a nature as to mislead the public as to the true place of origin of the goods. The above provision shall also be applicable against a geographical indication which, although literally true as to the place of origin of the goods, falsely represent to the public that the goods originate in another territory; (12) it contains or consists of a geographical indication identifying wines for wines or spirits for spirits not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as 'kind', 'type', 'style', 'imitation' or the like. ... Article 7. Other Grounds for the Invalidation of Registration 1. Registration of a mark shall be declared invalid if the mark is: ... (5) identical with the geographical indication protected in the Republic of Lithuania or possessing a misleading likelihood thereto, except for the indication incorporated in the mark as the disclaimer, for which registration is applied by a person entitled to use the geographical indication; ... Article 18. Opposition 1. Within a period of three months following the publication of the registered mark in the Official Bulletin of the State Patent Bureau, the interested persons may give to the Appeals Division a justified written opposition to registration of the mark on the grounds that it may not be registered under Articles 6 and 7 of this Law. 2. The filing of opposition shall be subject to the payment of the fixed fee. 3. The Appeals Division shall verify within fourteen days from the day of receipt of the opposition whether the opposition complies with the requirements of paragraphs 1 and 2 of this Article. Where the opposition is filed according to the procedure laid down in this Law and the Regulations and complies with the above requirements, the Appeals Division shall accept the opposition as admissible and shall communicate one copy of the opposition to the proprietor of the mark against which the opposition is filed or his representative. 4. The proprietor of the mark against which opposition is filed or his representative must within three months from the date of sending of the opposition file a justified reply to the opposition. Failure to file a justified reply to the opposition shall be considered as a refusal to participate in the examination of the opposition and shall not prevent the Appeals Division from examining the opposition in the absence of the proprietor of the mark against which the opposition has been filed or his representative. 5. Following the examination of the opposition, the Appeals Division shall adopt one of the following decisions: (1) to decide that the opposition is allowable and declare registration of the mark invalid in respect of all or some of the goods and/or services; (2) to reject the opposition and leave the registration of the mark valid. 6. The proprietor of the mark against which opposition is filed or his representative, or the person who filed the opposition or his representative, who did not attend the opposition examination proceedings, shall be within one month from the day of making of the decision communicated the decision in writing with a copy of decision attached to the communication. 7. The decision made by the Appeals Division may be appealed against to the Vilnius County Court within six months from the day of adoption thereof. 8. Decisions made by the Appeals Division shall be published in the Official Bulletin of the State Patent Bureau. ... Article 46. Invalidation of a Registration 1. Upon request by any interested person, the registration of a mark may be invalidated by the court on the ground that the said mark does not comply with Articles 6 and 7 of this Law. 2. Having passed a decision of invalidation, the court shall send a copy of the effective decision to the State Patent Bureau which shall remove the mark from the Register according to the procedure laid down in Article 24 of this Law. 3. The registration of a mark may not be invalidated on the ground that it conflicts with an earlier mark which does not meet the requirements of paragraph 2 of Article 47 of this Law. 4. Invalidation or revocation of a mark shall not be allowed if the proprietor of an earlier registered mark has knowingly tolerated the use during five years of a later mark which has been the subject of a bona fide application, except where the coexistence would be liable to mislead the public or be contrary to public order. 5. After the invalidation or revocation of a mark the issued registration certificate shall also be declared invalid. ... Article 50. Enforcement of Rights With the aim of protecting his infringed rights, the proprietor of the mark shall be entitled to apply to court in accordance with the procedure prescribed by law, which may make a decision relating to: (1) recognition of rights; (2) injunction to terminate all actions which infringe or may infringe the rights specified in Article 38; (3) reimbursement of losses or damage (including moral damage), caused to the proprietor of the mark by actions which infringed the rights specified in Article 38, including lost income and other expenses; (4) payment of compensation; (5) re-establishment of the situation that existed before the infringement; (6) seizure and, where necessary, destruction of unlawfully used marks, devices or equipment for the production thereof, also of goods when it is impossible to remove the marks unlawfully affixed to them as well as of other devices and equipment used for the infringement of the rights conferred by virtue of this Law. 2. The proprietor of the mark shall be entitled to bring an action for infringement. If he fails to exercise the right, the action may be brought by the licensee, unless the license contract provides otherwise. 3. The holder of an exclusive license may bring an action for infringement, even if the contract provides otherwise, if the proprietor of the mark, after formal notice, does not himself bring an action for infringement within an appropriate period. Article 51. Reimbursement of Losses and Damage. Compensation 1. The procedure for the reimbursement of losses and damage shall be regulated by the Civil Code of the Republic of Lithuania and the provisions of this Law. 2. When assessing the amount of losses, the court shall take into account the substance of violation, the amount of the inflicted damage and the lost income, as well as other expenses incurred by the proprietor of the mark. The unlawfully marked goods may be handed over by a court decision to the proprietor of the mark, if requested. 3. Instead of the reimbursement of losses, the proprietor may claim compensation. The amount of the compensation shall be determined according to the price of legal sale of a relevant good or service by increasing it up to 200% or up to 300% if the infringer has committed the infringement deliberately. Article 52. Action by the Customs Authorities Action by the customs authorities prescribed by the laws of the Republic of Lithuania shall be taken with respect to goods bearing marks without authorisation, which are imported to or exported from the Republic of Lithuania [see below]. Article 53. Criminal Liability for Infringement of the Rights of the Proprietor of the Mark Criminal liability for the infringement of the rights of the proprietor of the mark shall be established by the Criminal Code of the Republic of Lithuania." - Law on the Protection of Intellectual Property in the Field of Import and Export of Goods According to this Law, the Customs authorities have the right to check at the border the goods which infringe the rights of trademark owners, ex officio or by request of trademark owner. The aforementioned laws have been notified to WTO Secretariat (IP/N/1/LTU/1 of 24 September 2001)