Checklist of Issues on Enforcement under TRIPS Art. 63.2 - View details of the document

Mongolia

(a) Civil judicial procedures and remedies

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")

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.

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).

Under the Constitution of Mongolia, justice is required to be administered in public, unless otherwise prescribed by law.

A judge may order an injunction prohibiting the use 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).

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).

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.

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:

Up to 1,000 Tugriks20 Tugriks1,001-3,000 Tugriks50 Tugriks3,001-10,000 Tugriks2 percent of fee price index10,001-50,000 Tugriks3 percent of fee price index50,001- Tugriks or over4 percent of fee price index.

Amount of claim Fee



(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 Law of Mongolia on State Stamp Duties).

1 US$ = 850 Tugriks.

(b) Administrative procedures and remedies

There are no applicable administrative procedures and remedies.

(a) Judicial measures

There is no provision on seizure and provisional measures. The Government is preparing a draft law related to provisional measures.

Please see the response to question 10.

[Answer 10: There is no provision on seizure and provisional measures. The Government is preparing a draft law related to provisional measures.]

Please see the response to question 10.

[Answer 10: There is no provision on seizure and provisional measures. The Government is preparing a draft law related to provisional measures.]

Please see the response to question 10.

[Answer 10: There is no provision on seizure and provisional measures. The Government is preparing a draft law related to provisional measures.]

(b) Administrative measures

There are no applicable administrative procedures and remedies.

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.

Please see the response to question 15.

[Answer 15: 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.]

Please see the response to question 15.

[Answer 15: 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.]

Please see the response to question 15.

[Answer 15: 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.]

Please see the response to question 15.

[Answer 15: 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.]

The Courts with jurisdiction over criminal acts of infringement of IPRs are the District, Provincial Court of First Instance, the Appeal (City and Aimag Court) Court and the Supreme Court (Article 35 Law of Criminal Procedure).

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; - distribution of goods without prior approval 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.

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).

Private persons have standing to initiate criminal proceedings (Article 113 CPL).

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 half years. 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.

For both civil and criminal proceedings relating to IPR violation, the period of time for courts to decide a case is two months, an extension 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.