WORLD TRADE
ORGANIZATIONIP/N/6/LTU/1
23 October 2001
(01-5191)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Lithuania
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
According to the Civil Procedure Code of the Republic of Lithuania (CPC) (Article 136) and
the Law on Copyright and Related Rights (Article 65), civil cases related to intellectual property
rights are handled by County Courts;  unfair compe tition acts by District Courts.  The cases could be
reviewed by the Court of Appeal and th e Supreme Court under certain provisions.
2. Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
According to provisions of the Civil Procedure Code (Article 42), everyone whose rights are
infringed or can be infringed has the right to assert intellectual property rights.  They could plead a
case by themselves or by lawyer or patent attorney or representative of the collective administration
organisations may represent them before the court.  There are no requirements for the right holder for
mandatory representation before the court.
Due to the specific character of disputes arising from intellectual property, the parties in these
cases are usually represented by patent attorneys and general practice lawyers (attorneys).  However,
under Article 56 of the new draft of the Civil Procedure Code, only attorneys or lawyers will begranted the right of representation (with only some exceptions, e.g. parents can represent their
children, a person having legal education will be able to represent only his/her closest relatives).
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 that lies within its control?
Each party may request the opposing party or a third party, not a party in the procedure, to
submit evidences that are in its possession.  According to the Civil Procedure Code (Articles 75, 76,
82 and 83) the court has the right to demand material, written evidence, which lies in the control of
the party.  The court is entitled to impose a fine if a party does not exercise this demand within areasonable period.
                                                     
1 Document IP/C/5.IP/N/6/LTU/1
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4. What means exist to identify and protect confidential information brought forward as
evidence?
According to the Civil Procedure Code (Articles 10, 102), in order to protect State, business or
commercial secret or other confidential information, the court can pass a decision to try a case in aclosed meeting or establish by a decision that case material or part of it, is secret.  According to the
Civil Procedure Code (Article 57), the facts that are State or official secrets shall not be evidence in
civil cases, until they become public according to the laws.
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;
- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Injunctions
According to the Civil Procedure Code (Artic les 155 and 156), the court or the judge upon the
request of the party or at his own discretion may or der a party to desist from infringement.  For the
purpose of securing an action the court may, inter alia , order a party to desist from performing a
certain activity, seize the movable property of the defendant, etc.  For specific provisions, see "any
other remedies".
Damages, including recovery of profits, and expenses, including attorney's fees
Applying Articles 6.245 and 6.249 of the Civil Code, the infringer shall compensate the
adequate damages caused to the right holder, includin g the recovery of profits.  According to the Civil
Procedure Code (Articles112 and 113), the court has the power to order an infringer to pay the right
holder’s expenses, including attorney’s fees.  For specific provisions regarding damages, see "any
other remedies".
Destruction or other disposal of infringing goods and materials/implements for their
production
Appropriate measures are set by the Code of Administrative Infringements (Article 269), the
Code of Criminal Procedure (Article 93) and by specific provisions of appropriate laws (see "anyother remedies").
Any other remedies
- Article 41 of the Patent Law provides the following:
The owner of a patent or the applicant shall have the right to institute court
proceedings against a person who has infringed or is infringing the patent or
published patent application, for which provisional protection was granted, and to
require the termination of infringing acts, as well as compensation for the inflicteddamage.  Any of them shall also have the right to institute court proceedings against
any person who is performing acts which make it likely that such infringement will
occur.  Such proceedings may not be instituted later than three years from the
establishment of the fact of infringement.IP/N/6/LTU/1
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- Article 25 of the Law on Industrial Designs provides the following:
The court may adopt a decision, according to a claim by the industrial design owner,
to interrupt actions that violate or may violate the rights enumerated in Article 5 ofthis law.  The court may adopt, in accordance with an industrial design owner's claim,
a decision concerning compensation for the damages incurred by an industrial design
owner, if another person performed the actions enumerated in Article 5, without his
consent.
- The Law on Trademarks provides the following:
Article 50. Enforcement of Rights
1. 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 of this Law;
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 devicesand 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, unlessthe 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 infr ingement 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 and the provisions of this Law.IP/N/6/LTU/1
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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.
- Law on Copyright and Related Rights provides such remedies for intellectual
property right infringements:
Article 65With the aim of protecting their rights, owners of copyright and related rights shall be
entitled to appeal to court in accordance with the procedure prescribed by law, which
may make a decision relative to:
1) recognition of rights;
2) injunction to terminate unlawful acts;
3) redress of the infringed moral rights (injunction to make appropriate
amendments, to announce the infringement in the press, or any other way);
4) exaction of unpaid remuneration;
5) reimbursement of losses or damage (material and/or moral), including the lost
income and other expenses;
6) payment of compensation;
7) seizure or destruction of infringing copies of works, computer programmes,
fixations of audiovisual works (films), phonograms and the devices or equipment
used for their manufacture, as well as other devices and equipment used in
connection with the infringement of rights under this Law;
8) other legislative measures for the protection of violated rights.
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 owner of copyright or related rights.  Infringing copies ofworks or objects of related rights may be handed over to the respective owners of
copyright or related rights, if requested.
Instead of the reimbursement of losses, the owner of copyright or related rights may
claim compensation, the amount of which shall be determined according to the priceof legal sale of an appropriate work or object of related rights, by increasing it up to
200%, or up to 300% if the infringer has committed the infringement deliberately.IP/N/6/LTU/1
Page 5
Article 68
A person who has infringed moral rights of the author or performer must compensate
for moral damage inflicted, the amount of which expressed in money shall be
determined by the court.
The amount of compensation for moral damage in each case may not be less than
LTL 5,000 (US$ 1,250) and not more than LTL 25,000 (US$ 6,250).  In assessing the
amount of moral damage expressed in money, the court must take into account the
degree of the culpability of the infringer, his financial position, the consequences of
moral damage, as well as other circumstances that are of significance to the case.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of their
channels of distribution?
The Civil Procedure Code foresees the following:  any person, ordered to be a witness in trial,
is obligated to arrive and testify (Article 70).  Failure to arrive to testify upon request results in a fine
of up to LTL 1,000 (US$ 250).  Providing false testimony incurs criminal liability.
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?
If a defendant turns to be wrongfully enjoined, State budget covers defendant’s expenses,
which have occurred due to trial procedures.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The provisions contained in Article 146 of the Civil Procedure Code provide for the main
requirements related to a claim form and contents (a  claim has to be made in writing, in addition to
the details of the parties it has to indicate a claim amount in case the claim has to be valued,
circumstances on which the plaintiff grounds his/her claim, and evidence proving the circumstances
presented by the plaintiff, residence of witnesses and place of other evidence;  requirements of the
plaintiff).  A claim has to be supported by a document evidencing payment of fee for filing thereof.
For disputes arising from intellectual property rights a fee is fixed and totals LTL 100 (US$ 25).
The Civil Procedure Code regulates terms of preparation for civil trials and their hearing
terms.  Preparation for trial has to be finalised no later than within seven days after the application
filing date with the exceptions when this term may be extended up to twenty days in complicated
cases.  Overall hearing term of civil cases is fixed at no later than one month after the date on which
preparation for trial is finalised and lasts from 6 to 36 months.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Article 21410 of the Code of Administrative Infringements provides that violation of copyright
and/or related rights results in a fine of LTL 1,000 to LTL 3,000 (US$ 250 to US$ 750) and
confiscation of pirate production as well as means of such production.  Article 35 of the CodeIP/N/6/LTU/1
Page 6
provides that an administrative fine is to be impos ed within 6 months from the date of commitment of
infringement, and in case of continuous infringement, within 6 months from the date of disclosure of
infringement.  If initiation of a criminal case is not an option, or if a criminal case is closed, yet there
is clear evidence that administrative infringeme nt was committed, an administrative fine is to be
imposed within two (2) months from the date of decision not to initiate a criminal case or from thedate when decision was made to close a criminal case. If damage equivalent, inflicted by certain
infringement, does not exceed LTL 500 (US$ 125), the administrative commission and County
Court’s judge are authorized to impose a fine and order to compensate damage inflicted.  A District
Court is authorized to impose such sanctions irrespective of the value of damage equivalent, inflicted
by certain infringements.  In other cases question of compensation of damage that resulted from
certain infringements is solved pursuant to the Civil Procedure Code.
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Article 156 of the Civil Procedure Code provides such provisional measures:
1) property or cash equivalent of the defendant can be taken into custody;2) defendant can be prohibited to carry out certain activities;3) other persons may be prevented from passing property or fulfilling other duties and
obligations to the defendant;
4) sale of property can be suspended, if a claim is submitted to cancel arrest of that
property.
The court may use several provisional measures simultaneously.  The total  sum of
provisional measures, however, may not exceed the value of suit.
Besides, Article 69 of the Law on Copyright a nd Related Rights provides such provisional
measures:
In urgent cases, with the presence of sufficient evidence about the infringement of copyright
or related rights, the court may, upon receiving a claim application of an owner of copyright
or related rights, apply provisional measures necessary for the execution of the court’s
decision:
1) to order persons to terminate the unlawful exploitation of works or objects of related
rights;
2) to prohibit the release into circulation of infringing copies of works, fixations of
audiovisual works (films) and phonograms;
3) seize infringing copies of works, fixations of audiovisual works or phonograms, as
well as technical devices and equipment used for reproduction thereof, and
appropriate documents;
4) to apply other similar measures.IP/N/6/LTU/1
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11. In what circumstances may such measures be ordered inaudita altera  parte ?
Article 155 of the Civil Procedure Code provides that "in cases provided by the Civil Code
and other laws in accordance with the motivated written request by the concerned party, temporalmeasures can be enforced both without submitting a claim and in any stage of the civil procedure in a
procedure set by this section. If the court enforces provisional measures by the date of submission of
the claim to the court then the co urt has to set the term during which the claim has to be submitted.
This term may not exceed fourteen days.  Prior to the date of submission of the claim a person
applying for enforcement of provisional measures has to indicate to the court due to what reasons the
claim has not been submitted immediately and provide evidence proving certain threat to the
proprietary interests of the applicant."
Furthermore, according to Article 69 of the Law on Copyright and Related Rights, where
essential irreparable damage may be caused to the owner of copyright or related rights, or where the
evidence may be destroyed, the court or the judge may, at his own discretion, apply provisional
measures without informing the other party and without calling it to the court hearing.
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.
See the answer to question 11.
Furthermore, Article 159 of Civil Procedure Code provides the following:Provisional measures may be initiated by the court with or without a claim of concerned
party. If provisional measures were applied without a claim of concerned party, a court sets a
time period during which such a claim must be submitted.  Maximum length of such a period
is 14 days.  If a claim is not submitted within a specified period, provisional measures are
cancelled. In order to protect legitimate interests of defendant, a court may order plaintiff to
ensure availability of compensation of losses which may occur due to provisional measures
applied to defendant.  If court rejects a claim of plaintiff, a defendant has a right to ask for
compensation of losses which occurred due to provisional measures that were applied.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
With respect to the length of proceedings, see the answer to question 12.  Article 160 of the
Civil Procedure Code also provides that decision whether provisional means should be applied must
be made the next day after reception of a request to apply provisional measures.  A submission of a
request is free of charge.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
Provisional measures are available only in the civil proceedings.IP/N/6/LTU/1
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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 circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectualproperty 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 such procedures (such as goods
from another 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 a nd to goods destined for exportation?
According to the Law on the Protection of Intellectual Property in the Field of Import and
Export of Goods, it is possible to apply for the su spension by the customs authorities not only when
infringement of trademarks and copyrights is suspected, but also in the cases when infringement of
the rights of the owner of the industrial design or patent is suspected.  The provisions of the above-
mentioned law are applicable not only in the cases of  release for free circulation, but also in the cases
of entry into the customs territory of the Republic of Lithuania (including transit), outright exportation
and re-exportation, other export and import procedures and entry into a free zone and free warehouse.
Actions by the customs authorities prescribed by this Law shall not be taken if the goods,
which are intended for entry into the customs territory of the Republic of Lithuania or to be placedunder the above-mentioned customs-approved treatment or use, without a specific consent of the
holder of intellectual property rights relating to certain goods (a licence for using an object of
intellectual property rights in the Republic of Lithuania):
- bear a trade mark licensed for use abroad or a trademark licensed for use in the
Republic of Lithuania, however, not accordin g to the terms and conditions laid down
in the trademark licence contract;
- in relation to which remedies afforded to the owner of the patent for invention, owner
of industrial design, holder of copyright or holder of related rights or their successor
in title are applicable; which are produced under licence to manufacture abroad or in
respect of which the said remedies open to the holder of intellectual property rightsare applicable;  which are produced under licence authorising the production thereof
in the Republic of Lithuania, however, not according to the terms and conditions laid
down in the licence contract concluded with the holder of the relevant rights.
Actions by the customs authorities prescribed by this Law shall not be taken either with
respect to goods (articles) of non-commercial nature nor those not intended for production purposes,
contained in the travellers’ personal luggage, for which relief from import duty is granted or
permission to make an export declaration in a simplified manner (orally or by act, i.e. using the dual
channel system) is given according to the procedure established by the Government.IP/N/6/LTU/1
Page 9
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of thegoods) and 57 (right of inspection and information) been implemented?
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 thecustoms 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 follo wing 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 workor an object of related rights;IP/N/6/LTU/1
Page 10
- 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 a pplication 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 orholder 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 customsdetains 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 ofinfringing the applicant’s rights shall be indicate d 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 certaincases, 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 th e 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 presentedto 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 rightsIP/N/6/LTU/1
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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  grante d  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 tobe 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 orassigning 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.IP/N/6/LTU/1
Page 12
The amount of the above security, which shall be assessed in the manner prescribed by the
Customs Department, which is authorised by the Go vernment, 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 propertyrights.
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 cust oms 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).
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 competent authorities for the suspension of the release of goods into free
circulation?
Upon receipt of an application meeting the requ irements set forth in the Law on the Protection
of Intellectual Property in the Field of Import and Export of Goods, the Customs Department shall
deal with it within ten (10) working days.  Where additional information is necessary for reaching a
substantive decision which may be obtained only th rough expert examination, investigation or by
addressing other authorities or through similar actions, the Director of the Customs Department may,
by way of exception, extend the time limit set for dealing with the application, but for not longer thanten (10) working days.  The applicant shall be given a written notification of the decision taken or of
the extension of the time limit for dealing with the application.
A fee shall be charged for customs services related to dealing with the application. The
amount of the fee has been set by the Government in proportion to the costs of the services provided.The amounts of this fee are the following:
- for services related to dealing with application submitted after the detention of goods
by the customs authorities acting ex officio :  100 LTL (25 US$);
- for services related to dealing with application submitted before the detention of
goods by the customs authorities:  500 LTL (125 US$).IP/N/6/LTU/1
Page 13
The maximum time limit of the validity of a decision to grant the application is one (1) year.
This 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.  A request for the extension of th e time limit shall be dealt with according to the
procedure applied for dealing with the initial application.
The length of court proceedings is approximately half a year.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
Where, in the course of controls carried out, it appears evident to the customs authorities that
goods are infringing intellectual property rights, whereas the application for action to be taken by the
customs authorities has not yet been lodged or th e Customs Department has not yet made a decision to
grant the application, the holder of intellectual property rights or his representative, if known, shall be
promptly informed of the possible infringement of his rights to enable the person to lodge, withinthree (3) working days from his notification, an application with the Customs Department.
In the cases of detention of goods by the customs authorities acting ex officio , goods shall be
detained for a period of up to three (3) working days from the date of notification of the holder of
intellectual property rights or his representative.  Within the said three-day period the person maylodge an application with the Customs Department. In this case the time period established for the
detention of goods shall run from the date of receipt by the Customs Department of the application by
the holder of intellectual property rights or his representative.  The declarant and the Tax Police
Department shall also be notified of detention of the goods by the customs authorities acting
ex officio .
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The court, having recognised the goods detained by the customs authorities as infringing an
intellectual property right and taking into consideration the requests of the holder of intellectual
property rights or his representative (if filed), shall adopt a decision:
- to dispose of the goods outside commercial channels (recycle or utilise the goods and
apply other similar measures) in such a way as to preclude injury to the holder of
intellectual property rights, without compensation of any sort and at no cost to the
State;
- to take, in respect of such goods, any other measures (at the request of the holder of
intellectual property rights or his representative, transfer the goods to them or any
persons indicated in their request and apply similar measures), which effectively
deprive the persons concerned with unlawful delivery of detained goods of theeconomic benefits of the transaction.  If the goods are transferred not to the holder of
intellectual property rights or his representative, but to other persons indicated in their
request, the court may obligate the persons to remove the trade marks, which have
been affixed to the goods without authorisation;
- to destroy the goods at the defendant’s expense.IP/N/6/LTU/1
Page 14
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
According to Article 37 of the Code of Criminal Procedure criminal acts of infringement of
intellectual property rights are dealt with by C ounty Courts.  The cases could be reviewed by the
Court of Appeal and Supreme Court under certain provisions.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
The Criminal Code provides for the criminal li ability for such infringements of intellectual
property rights:
- appropriation of authorship and moral rights of the inventors (Article 142);- illegal reproduction of a literary, scientific or artistic work, audiovisual work or a
phonogram, importing, exporting, distribution, transportation or keeping for
commercial purposes of infringing copies (Article 142
1);
- destruction or alteration of copyright or related rights management information
(Article 1422);
- unauthorised removal of technical protection measures of copyright or related rights
(Article 1423);
- unauthorised use of trade marks and service marks (Article 308).
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
Under the provisions of the Code of Criminal Procedure a criminal action may be initiated by
a report of such crime by anyone to the responsible authorities (inquiry offices, investigators,
prosecutors or judges (Criminal Police, Tax Police, Prosecutor Office)), or on the own initiative ofthese authorities.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Private persons have standing to initiate criminal proceeding by reporting criminal deeds to
the Police or Prosecutors Office.
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.
In cases of counterfeiting, the following penalties are available: imprisonment; monetary
fines;  seizure, forfeiture and destruction of infringing goods and materials and implements for their
production;  confiscation of property as an additional penalty is available.IP/N/6/LTU/1
Page 15
Article 308 of the Criminal Code provides:
The manufacture, keeping, transportation or distribution for commercial purposes of the
goods marked with a trade mark or service ma rk identical or confusingly similar to the
trademark and service mark protected by the law, as well as reproduction, use, keeping,
transportation or distribution for commercial purposes of the trademark and service mark
itself (copies) which is protected by law, without the authorisation of the holder of the
trademark and service mark,
- shall be punishable by a term of imprisonment for up to two (2) years or a fine.
The said act committed on a large scale or by a group of conspiring persons, or which
caused considerable damage to the plaintiff or which endangered or could have
endangered human life or health;
- shall be punishable by a term of imprisonment from two (2) to five (5) years or a fine.
The act provided for in paragraph 2 of Article 308 of this Code shall be considered
committed on a large scale where the number of illegally manufactured, kept,
transported or distributed items of goods exceeds 1000 or where the number of
illegally reproduced, used, kept, carried or distributed trademarks and service marks(copies) exceeds 10 000.
In cases of the appropriation of authorship the Criminal Code provides for- imprisonment for a term of up to three (3) years or a fine.In cases of illegal reproduction of a literary, scientific or artistic work, audiovisual work or a
phonogram, importing, exporting, distribution, transportation or keeping for commercial
purposes of infringing copies the Criminal Code provides for
- imprisonment for up to two (2) years or  a fine.
In cases of destruction or alteration of copyright or related rights management information the
Criminal Code provides for
- imprisonment for up to one (1) year or  a fine.In cases of unauthorised removal of technical protection measures of copyright or related
rights as well as the manufacture, import, export, keeping, transportation or distribution for
commercial purposes of appropriate devices (decoding devices, decoding cards, etc.),
enabling to remove such technical protection measures the Criminal Code provides for
- imprisonment for up to two (2) years or a fine.
According to Article 32 of the Criminal Code co urt has the authority to make a decision what
fine to impose (it shall be from 200 to 50000 minimum living standards (MLS), 1 MLS =
LTL 125 (US$ 31.25)).
According to Article 35 of the Criminal Code  confiscation of property is an additional penalty
mandatory imposed by the court for the commission of the  illegal reproduction of a literary,
scientific or artistic work, audiovisual work or a phonogram, importing, exporting,
distributing, carrying or possessing infringing copies  (Article 142
1 of the Criminal Code) .IP/N/6/LTU/1
Page 16
The Code of Criminal Procedure establishes seizure of material evidences (for example, it
could be illegal intellectual property right goods) until the case will be solved.  The court shall
have the authority to order that these evidences have to be confiscated or destroyed when the
case is solved (Article 93 of the Code of Criminal Procedure).
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
The Criminal Procedure Code provides the following terms:
Article 139
In criminal cases, where preliminary investigation is indispensable, it must be finished within
one month from the date of initiation of criminal case.   A prosecutor has a right to prolong a
term of preliminary investigation maximum for one month.  In exceptional cases a period of
investigation may be prolonged according to provisions of Article 150 of Criminal ProcedureCode.
Article 150
Preliminary investigation in criminal cases must be finished within a maximum of two
months from the date of initiation of criminal case.  If the case involves organized crime,
investigation must be finished within a maximu m of six months from the date of initiation of
criminal case.
The period of preliminary investigation is the elapse of time from initiation of a criminal case
till the submission of the case and bill of indictment to prosecutor or till the case is closed.
Article 262
The question of taking a case to court must be solved within fifteen days from the date when
the court physically receives a case.  Proceeding of a case must start within fifteen days from
the date when a decision is made to take a case to a court.  If a case is complex, those terms
can be prolonged to two months and one month accordingly.
Submission of a request to initiate a criminal case is free of charge.
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