Lois et règlements au titre de l'article 63:2 de l'Accord sur les ADPIC ‒ Afficher les détails du document

Latvia
Cabinet Regulation No. 468 - Adopted 8 August 2017 - Rules on certain types of customs control
Cabinet Regulation No. 468 includes procedure described in Section 14.5 of the Customs Law. Taking into account the initiative of the industry associations and the call to evaluate the possibility of determining in the normative regulation that disputes regarding the violation of intellectual property rights are resolved in a civil procedure, the Ministry of Finance, in cooperation with the Ministry of Justice and the Ministry of Transport, developed a Conceptual Report. The Cabinet of Ministers supported the solution included in the report to provide the normative regulation that the State Revenue Service (hereinafter - SRS) initiates an administrative proceeding with respect to goods subject to customs control, which are suspected of infringing intellectual property rights. While in other cases, the dispute regarding the violation of intellectual property rights is resolved in a civil procedure. Taking the above-mentioned into account, amendments were made to the Customs Law, determining the competence of the SRS in the settlement of disputes on intellectual property rights in accordance with that which was mentioned in the Conceptual Report, as well as regulating customs control measures for the protection of intellectual property rights and actions of persons in cases when a statement of claim has been submitted to the court regarding the initiation of a court proceeding on counterfeit goods or an application regarding the determination of a provisional measure of protection before bringing a claim to the court for said goods.
https://likumi.lv/ta/id/292867-noteikumi-par-atseviskiem-muitas-kontroles-veidiem IP/N/1/LVA/O/1 (Customs Law) See also IP/N/1/LVA/E/2 (Regulations of the Cabinet of Ministers Nº 43 regarding "Customs Control Measures to Ensure Protection of Intellectual Property")
Customs Ministry of Finance Telephone: 0037122013024 Email: marika.vibane@fm.gov.lv