WORLD TRADE  
ORGANIZATION   
IP/Q/LTU/1 
IP/Q2/LTU/1 
IP/Q3/LTU/1 
IP/Q4/LTU/1 
10 February 2004 
 (04-0493) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
 
 
REVIEW OF LEGISLATION 
  
LITHUANIA
1 
  
 The present document reproduces the introductory statement made by the delegation of 
Lithuania, the questions put to it and the responses gi ven in connection with the review of legislation 
undertaken at the Council's meeting of 27 to 28 November 2001.
2 
 
 
_______________ 
 
 
I. INTRODUCTORY STATEMENT 
A. INTRODUCTION  
 One of the specificities of the review of Lithua nian legislation in this field is that it takes 
place just a few months after Lithuania's accession to the WTO.  The conformity of Lithuania's 
national legislation with the WTO requirement s has been already ensured during the accession 
process and, according to our commitments refl ected in the Report of the Working Party on 
Lithuania's accession to the WTO, Lithuania alread y applies the provisions of the TRIPS Agreement 
by the date of its accession to the organization.   We are going to provide an introductory statement overview of the legislation and its enforcement, it also contains responses to the majo rity of the questions posed by the WTO members. 
 
B. C
OPYRIGHT AND RELATED RIGHTS  
 The Law on Copyright and Related Rights of th e Republic of Lithuania, the provisions of 
which are in line with the TRIPS Agreement and other international documents was adopted on 
18 May 1999.  This act provides protection of l iterary, scientific and artistic works including 
computer programs (protected as literary works) and da tabases.  Some of the provisions of the Law go 
beyond the requirements of TRIPS Agreement: the term  of protection of author's rights was extended 
to 70 years; authors of all works have rental rights; in the field of related rights the list of exclusive rights of performers, producers of phonograms and broa dcasting organisations is wider than required 
by the TRIPS Agreement.  Performers and produ cers of phonograms have exclusive rental rights. 
 
                                                      
1 As regards laws and regulations notified by Lithuani a under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/LTU/1, IP/N/1/LTU/1/Add .1, IP/N/1/LTU/C/1, IP/N/1 /LTU/D/1, IP/N/1/LTU/E/1, 
IP/N/1/LTU/I/1, IP/N/1/LTU/L/1, IP/N/1/LTU/P/1, IP/N/1 /LTU/P/2, IP/N/1/LTU/P /3, IP/N/1/LTU/T/1. 
2 The minutes of the meeting have been  circulated as document IP/C/M/34. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 2 
 
  The provisions of this Law shall apply to author s, owners of related rights irrelevant of their 
nationality. There are no exceptions nor exemptions  of the National Treatment and Most-Favoured-
Nation Treatment under this Law.  
 Lithuania is a party to main international treaties concerning copyright and related rights 
mentioned in TRIPS Agreement (the Berne Conven tion for the Protection of Literary and Artistic 
Works (Paris, 1971) and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Orga nisations) and the Geneva Convention for the Protection of 
Producers of Phonograms against Unauthorised Du plication of Their Phonograms. Furthermore, 
Lithuania has ratified the most important new interna tional treaties (the so-called "Internet Treaties") - 
the World Intellectual Property Organization (WIP O) Performances and Phonograms Treaty (ratified 
29 September, 2000) and WIPO Copyri ght Treaty (ratified 14 March, 2001). 
  The Ministry of Culture implements national po licy in the area of copyright and related rights 
and co-ordinates, within its competence, the prot ection of these rights.  On 12 January 2000, the 
Lithuanian Board of Copyright and Related Rights was established.  The Board is a public institution 
which, in the capacity as expert and consultant, a ddresses issues relating to the implementation of the 
provisions of the Republic of Lithuania Law on Co pyright and Related Rights and the international 
obligations undertaken by the Republic of Lithuania in the area of copyright and related rights, as well 
as submits its conclusions and proposals to the Ministry of Culture. 
 
 In the implementation and enforcement of  copyright and related rights, collective 
administration of such rights is of particular im portance.  The Agency of Lithuanian Copyright 
Protection Association (LATGA-A), which started its activities in 1991 and which is a member of the International Confederation of Societies of Auth ors and Composers (CISAC), is responsible for 
collective administration of authors rights in Lithuani a.  Collective administration of related rights is 
vested in the Agency of Related Rights Asso ciation (AGATA), which was founded at the end of 
1999.  In the field of protection of computer programs a special agency - InfoBalt Copyright Agency was established.   Strengthening the enforcement of the copyright and related rights in year 2000 Lithuanian 
Government approved the Strategy for the Enfor cement of Copyright and Related Rights and the 
Measures for the Implementation of the Strategy.   The main purpose of the Strategy is to de velop the system for the implementation and 
protection of copyright and related rights for the period of 2000-2003.  The strategy provides 
measures for implementation of international obligations, coor dination of activities of public 
administration institutions as well as actions of la w enforcement institution s and associations of 
holders of copyright and related rights.  Much atten tion in this strategy is paid to improvement of 
qualifications of administrative and enforcement institutions, as well as to raising public awareness. 
  In the area of enforcement of copyright and related rights a considerable progress was reached 
during the last years.  The enforcement legislation and the specific measures taken in this field will be 
presented in the statement of my colleague. 
 
C. P
ROTECTION OF INDUSTRIAL PROPERTY  
In the Republic of Lithuania, the following ins titutions are responsible for the protection and 
enforcement of industrial property rights: 
  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 3 
 
 
 The State Patent Bureau (SPB)  - registration of industrial property objects (inventions, 
industrial designs, the topographies of se miconductor products, trade marks, company 
names) and formation of the state policy in this field; 
 
 The Ministry of Justice  - the supervisory ministry of the State Patent Bureau, 
responsible for the co-ordination of he state policy in the field of the industrial property protection; 
 
 The Competition Council  - prohibition of  unfair competition activities; 
 
 Customs Department - border enforcement measures in fight against counterfeit goods; 
 
 Tax Police Department, Police (the Ministry of Internal Affairs)  - criminal measures 
in fight against IPR crimes; 
 
 Courts (Vilnius County Court, Lithuanian Court of Appeals, Supreme Court of 
Lithuania)  - enforcement of industrial property rights; 
 
 The Centre for State Research of Plant Va rieties (the Ministry of Agriculture)  - 
registration and protection of plant varieties; 
 
 Lithuanian Technical Library  - patent information, publishing of the State Patent 
Bureau's official bulletin; 
 
 Non-state organisations  - Association of Lithuanian Patent Attorneys, AIPPI Lithuanian 
group (assurance of services in the area of i ndustrial property and co-ordination of patent 
attorneys' activities). 
 
 Lithuania has joined major international trea ties with regard to protection of industrial 
property and has adopted laws in compliance with  the contemporary international requirements. 
  Lithuania is a member of: 
 Convention Establishing the World Intellect ual Property Organization (WIPO) since 
30 April, 1992. 
 Paris Convention for the Protection of Industrial Property since 22 May 1994. 
 Agreement with the European Patent Organization (EPO) for Cooperation and 
Extension Agreement with the European Pa tent Organization (EPO) for the extension 
of European patents to Lithuania since 5 July 1994. 
 Patent Cooperation Treaty (PCT) since 5 July 1994. 
 Nice Agreement Concerning the Internationa l Classification of Goods and Services 
for the Purposes of the Registration of Marks since 22 February 1997. 
 Protocol Relating to the Madrid Agreemen t Concerning the International Registration 
of Marks since 15 November 1997. 
 Trademark Law Treaty since 27 April 1998. 
 Budapest Treaty on the International Rec ognition of the Deposit of Microorganisms 
for the Purposes of Patent Procedure, since 9 May 1998. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 4 
 
 
1. Protection of trademarks 
The Law on Trademarks adopted on 10 October,  2000, entered into force on 1 January 2001, 
is fully compliant with the provisions of the TRIPS Agreement, the Paris Convention for the Protection of Industrial Property, the Protocol  relating to Madrid Agreement concerning the 
International Registration of Marks, and the Trademark Law Treaty (TLT), as well as 
recommendations of the World Intellectual Prope rty Organization (WIPO) concerning well-known 
marks and license agreements.  
2. Protection of geographical indications 
The general norms regulating protection of geogr aphical indications are consolidated in the 
Law on Competition adopted on 23 March 1999, and Law on Trademarks which foresee the same 
provisions as it is laid down in the Artic les 22 and 23 of the TRIPS Agreement. 
 
3. Protection of industrial designs 
In the Republic of Lithuania protection of tex tile design as well as other types of industrial 
design is regulated by the Industrial Design Law of the Republic of Lithuania that entered into force 
on 1 September 1995.  The protection of industrial design is valid for five years from the date of 
application and it can be extended four times every five years, but not longer than for 25 years. 
Industrial Design Law corresponds with th e provisions of the TRIPS Agreement. 
 4. Protection of inventions 
 The Law on Patents adopted on 18 January 1992, a nd properly amended later, is now in full 
compliance with corresponding provisions of the TRI PS Agreement.  The invention objects that are 
subjects to patentability or exemption from patentab ility, consolidated by the TRIPS Agreement, are 
also foreseen in the Patent Law of the Republic of  Lithuania.  The Patent Law of the Republic of 
Lithuania, as foreseen by TRIPS Agreement, sets the validity term of 20 years from the date the 
application was submitted.   Provisions regarding compulsory licences and the use of inventions sanctioned by the 
Government of the Republic of Lithuania are in line with the Article 31 of the TRIPS Agreement. 
 
 The protection of plant varieties is provided by sui generis  law - Law on the Protection of 
Plant Varieties and Seed Cultivation adopted on 17 September 1996, entered into force on 
1 January 1997 (the new draft of the Law is under the consideration of the Parliament). 
 
5. Protection of Layout-Designs (topographies) of Integrated Circuits 
Law on the Legal Protection of Topographi es of Semiconductor Products adopted on 
16 June 1998, entered into force on 1 December 1998 fully complies with the requirements of TRIPS 
Agreement.  
6. Protection of Undisclosed Information and Co ntrol of Anti-competitive Practices in 
Contractual Licences 
 Prevention of commercial secrets, unfair competition acts and control of anti-competitive 
practices in contractual licences in Lithuania is regulated by the Competition Law of the Republic of 
Lithuania that entered into force on the 23 March 1999 and is in line with the TRIPS Agreement.  
Civil Code and other legal acts of Lithuania al so regulate prevention of commercial secrets and  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 5 
 
 undisclosed information approving the marketing of pharmaceutical or of agricultural products in 
Lithuania.  D. E
NFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS  
 Lithuania is a state of the continental law syst em with codified major laws, namely the Civil 
Code, the Civil Procedure Code, the Criminal C ode, the Criminal Procedure Code, the Code of 
Administrative Infringements and several special c odes. These codes and special laws governing 
intellectual property rights contain provisions on enforcement.  
 In the Republic of Lithuania the courts have the exclusive right to administer justice. County 
Courts as well as, for cases of industrial property, Vilnius County Court are the first instances in 
hearing intellectual property cases. The judgement passed by the aforementioned courts may be 
appealed to the Court of Appeal of Lithuania in the procedure of appeal and the Supreme Court of 
Lithuania in the procedure of cassation. 
 
1. Civil procedure and remedies 
 Intellectual property cases are heard in accordan ce with the general civil procedure laws. The 
Civil Procedure Code regulates terms of preparation fo r civil trials and their hearing terms.  If the case 
is not appealed, the hearing usually takes six months.   
 In accordance with provisions of the Civil Pr ocedure Code, any person, considering that 
his/her rights are infringed, may apply to court for protection of rights, and this provision is also specified by special laws on IPR. According to the provisions of the Law on Copyright and Related Rights Collective administration associations shall, in  the interest of the owners of copyright or 
related rights they represent, and without their separat e authorization, be entitled to file claims for the 
recovery of remuneration from the users of works or  objects of related rights exploiting the mentioned 
works or objects of related rights without a license of collective administration associations. 
  Pursuant to the provisions of the effective Civil Procedure Code the court is not obliged to collect evidence; the evidence is to be collected by the parties and persons involved in the case. 
However, if the evidence provided is insufficient, the court may suggest that the parties and other 
involved persons provide additional evidence.  This leads to a conclusion that the court indirectly 
assists the parties in collecting the evidence. If th e evidence in the case contains commercial secrets, 
the Civil Procedure Code provides a possibility to hold a closed court hearing.   Obviously, due to the increase in the number of registrations of industrial property objects 
every year, the volume, as well as number of litiga tions with regard to industrial property in 
Lithuania, grows. 39 proceedings with regard to indu strial property were instituted in year 2000.  The 
majority (30) of the cases were related to trademar ks. In the area of copyright and related right 449 
cases were initiated (361 case are trailed, 359 claims of copyright owners are satisfied).   The Civil Procedure Code provides the possi bility to apply provisi onal measures in the cases 
of IPR infringements if a party submits a written request for preliminary measures both before and 
after submitting a claim, which complies with Article 50 of the TRIPS Agreement.  
2. Remedies 
All IP laws provide for the following remedies: 
 
(1) recognition of rights; IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 6 
 
 
(2) injunctive relief; 
(3) reimbursement of losses or damage including moral damage; 
(4) payment of compensation 
(5) re-establishment of the situation that existed before the infringement; 
(6) seizure and destruction of infringing go ods as well as other devices and equipment 
used in connection with the infringement of rights. 
 
 The Civil Code sets rules for calculation of co mpensation for damages.  In this respect, the 
court shall take into account the infringement as such , the amount of damage and lost income as well 
as other expenses incurred by the IP owner. 
  Under the Copyright and Related Rights Law and the Trade Mark Law, instead of the 
reimbursement of losses, the owner of rights may claim compensation the amount of which shall be 
determined according to the price of the legal sale of a relevant good or service by increasing it up to 
200 per cent or up to 300 per cent if the infringer has committed the infringement deliberately. 
  As for attorneys' fees and court expenses, th e rights holders could recover their expenses 
under the civil law procedure. Under civil procedure rules the court has the right to demand from the 
defendant to reveal information on sources of supply of illegal goods  (particularly relevant for cases 
of selling goods in kiosks, etc). 
 
 Under the Competition Law, the Competition Board has the right to stop illegal IP activities and apply certain sanctions when those activities th reaten to or cause confusion among consumers and 
are detrimental for the reputation of the right ow ner. Fines are among the me asures available to the 
Competition Board. 
 
3. Administrative procedures and remedies 
 The administrative sanctions are applied mostly to copyright violations. The Code of 
Administrative Infringements established administra tive liability for the unauthorised reproduction, 
distribution, public performance or other exploitatio n, in any way and by any means for commercial 
advantage, of literary, scientific or artistic work (including computer programmes and databases), or 
sound and (or) video recording. The Code of Administrative Infringements provides for monetary 
fines, it is also possible to confiscate infringing go ods, property of an offender and, in addition, 
initiate a civil law case against him.   The Law on Police provides for possibility to estab lish special units and services operating in 
the police system. A special police division, i.e. the Unit for the Protection of Intellectual Property 
Rights of the Tax police department under the Minist ry of the Interior, was established. This unit 
deals exclusively with IP issues.  Other police bodies, including the Economic Police, also deal with IP crimes as far as this relates to their regular activities and competencies.   As a result of intensified anti-piracy activiti es during the year 2000 the Unit for the Protection 
of Intellectual Property Rights of the Tax Police Department initiated 175 administrative cases, and 
this year 91 administrative cases were initiated up to date. About 20,000 units of infringing goods 
were seized in 2000, about 40,000 were seized in 2001, and about 35,000 units of infringing goods 
were destroyed in 2001.  
 Close co-operation with the associations of collective administrative of copyright and related 
rights and private sector was essential for the successf ul fight against piracy. This co-operation has 
been particularly fruitful in the area of copyright. 
  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 7 
 
 
4. Criminal procedure 
 Implementing national legislation, as well as TRIPS Agreement and other international 
conventions the criminal liability is foreseen for cer tain infringement of IPR. The Criminal Code and 
certain articles of the Criminal Procedure Code regulate application of criminal liability.  The 
Criminal Code extends the application of the cr iminal liability for copyright and related rights 
infringements (including unlawful reproduction, importa tion, exportation, distribution or other use of 
literary, scientific or art work for commercial purposes, or keeping for commercial purposes, 
tampering with right management information and removal of technical protection measures) as well 
as counterfeiting of goods. 
 
 For infringements of IPR, the Criminal Code provides for imprisonment ranging for up to five 
years or monetary fines. The term of imprisonment may be increased up to 10 years if the crime is committed by a group (three or more persons). The c onfiscation of property is  an additional penalty 
and it is mandatory imposed by court in the criminal cases on IPR. 
 
 Under the provisions of Code of Criminal Pr ocedure a criminal action may be initiated by a 
report on such crime by anyone to the responsib le authorities or on the own initiative of these 
authorities. Private persons have standing to initiate  criminal proceeding by reporting criminal deeds 
to police or Prosecutors Office.  
 The amendments to the Criminal Code and th e Code of Criminal Procedure provide for an 
increase in the role of Prosecutors offices in impl ementing intellectual property rights. Therefore, 
24 prosecutors, who specialise in the field of intell ectual property rights, have been appointed at the 
General Prosecutors Office, County and District pr osecutors' offices. Those of fices work in close co-
operation with the Tax Police and the Economic Po lice. The improvement of qualifications of 
prosecutors in the area of copyright and related righ ts and conditions for specia lising in this area has 
been laid down in the Strategy for the Protection of Copyright and Related rights.   District prosecutors offices initiated 20 cr iminal cases in 2000. Tax Police Department 
initiated 16 criminal cases this year up to date.  
 Under all categories of cases (criminal, admini strative and civil) a decision on seizure and 
confiscation and destruction of infringing goods is available.  
5. Border measures 
 A substantial progress was achieved applying the TRIPS Agreement provisions concerning 
boarder measures. To intensify the fight against piracy and counterfeiting the Law on Protection of 
Intellectual Property Rights in the Sphere of  Import and Export of Goods was adopted on 
21 December 2000. This Law entered into force on  1 January 2001 and is in full compliance with 
requirements of the WTO Agreement on TRIPS. Th e Customs Department under the Ministry of 
Finance is responsible for the enforcement of the pr ovisions of this Law. Officers specializing in the 
field of IPR were appointed to the Customs Depart ment, as well as to all Territorial Customs Houses. 
 
 Under the new legislation the Customs officers are able to act based on the right holder application as well as ex officio . This Law applies to the protecti on of copyright and related rights, 
trademarks, inventions and industrial designs. Lithua nian legislation allows the Customs to provide 
information on importers of infringing goods, their quantities and prices, as well as other information 
to the rights holders. 
  The Customs Department received 10 app lications of trademark owners for the 
implementations of the border measures until 1 N ovember 2001. The customs officers seized the IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 8 
 
 shipments 24 times.  14 cases were proceeded to the courts.  The trademark owners won the cases nine times.   There is an Agreement on Cooperation sign ed between Custom Department under the 
Ministry of Finance, from one side, and Police Department under the Ministry of Internal Affairs and 
Tax Police Department Ministry of Internal Affairs from other side. Pursuant to the said agreement, 
after the reception of information from the Cust oms Department and regi onal customs houses on a 
suspected violation and the detainment of suspects or goods, regional units of the Police Department 
and the Tax Police Department would come to the pl ace of incident, carry out the investigation on the 
basis of the material at hand and adopt procedur al decisions. In 2000 Customs Department in 70 
occasions informed Tax Police Department about susp ected infringements of rights.  In four cases on 
the ground of this information the consignments have  been taken over by the Tax Police authorities.  
  II. RESPONSES TO QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement) have been implemented. 
 As already stated in Lithuania's responses to the Checklist of Issues on Enforcement of 
23 October 2001 (document IP/N/6/LTU/1),  enforcement provisions foreseen in Articles 41-61 of the 
TRIPS Agreement are available under various legisla tion.  The Civil Code, the Civil Procedure Code, 
the Law on Copyright and Related Rights, the Patent  Law, the Law on Industrial Designs and the Law 
on Trademarks provide civil remedies which includ e injunctions, damages (including recovery of 
profits), expenses (including attorney's fees), seizure or destruction or other disposal of infringing goods and materials/implements for their producti on, reimbursement of losses and compensation and 
other civil remedies.  The Code of Administrativ e Infringements establishes such remedies as fines 
and seizure or confiscation of pirate production as well as means of such production. The criminal 
remedies under the Criminal Code and Code of Criminal Procedure include substantial fines, 
imprisonment, confiscation of property seizure or destruction of infringing goods and materials and 
implements for their production.  The Civil Pro cedure Code and the Law on Copyright and Related 
Rights provide corresponding to TRIPS Agreemen t provisional measures. Border measures are 
applied according to the Law on the Protection of Intellectual Property in the Field of Import and 
Export of Goods (for more information see replies to  questions 15 to 19 of the Checklist of Issues on 
Enforcement of 23 October 2001 (document IP/N/6/LTU/1)). 
2. What protection does your Copyright legislation afford to "foreign works"? 
 Under Article 3(3) of the Law on Copyri ght and Related Rights, Lithuania provides 
protection for authors, owners of related rights an d makers of databases the rights of which shall be 
protected in Lithuania in accordance with the international agreements  ratified by Lithuania, and other 
legal acts binding on Lithuania according to its intern ational obligations. Furthermore, Article 3(3) of 
the Law on Copyright and Related Rights specifies th at if the international agreements ratified by 
Lithuania lay down other provisions than the provisions  of this Law, the provisions of international 
agreements shall apply. 
 Lithuania has ratified the Berne Convention, the Rome Convention, the Geneva Convention 
and the TRIPS Agreement which, pursuant to Ar ticle 138 (3) of the Constitution, have become 
component part of legal system of Lithuania.  
 These conventions were ratified without reser vations concerning the principles of National 
Treatment and Most-Favored-Nation Treatment, so that  principles established therein are fully applied 
within the country.  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 9 
 
  Furthermore, Article 3(2) of the Law on Copy right and Related Rights extends protection for 
"authors regardless of their citizenship or domicile, to whom the rights in works for the first time 
published in the Republic of Lithuania, including the works simultaneously published in the Republic 
of Lithuania and abroad, belong. A work shall be considered as having been published simultaneously 
in several countries if it is has been published in Lithuania within thirty days of its first publication in 
another country".   
III. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. C
OPYRIGHT AND RELATED RIGHTS – LAW ON COPYRIGHT AND RELATED RIGHTS (1999:  
VIII-1185) 
1. Article 4.2.1. Please explain whether the protection given to computer programs 
includes source and object code as required  by Article 10.1 of the TRIPS Agreement. 
 "The definition of 'computer program' in Artic le 2(16) of the Law on Copyright and Related 
Rights covers computer programs in both sour ce and object code.  The Article provides: 
 " 'computer program' means a set of instructions  expressed in words, codes, schemes or in any 
other form capable, when incorporated in a computer-readable medium, of causing a 
computer to perform a particular task or achie ve a particular result; this notion also includes 
preparatory design material of such instructions , provided that the nature of the preparatory 
design material is such that the said set of instructions may be established from it." 
2. Article 6 – Please explain on the legal definition of author – to what legal persons does it 
extend? 
 The author can be only a natural person  or group of natural persons  who have created a 
work. But according to the Law on Copyright and Re lated Rights author's exclusive economic rights 
could be transferred to lega l person (successor in title).   
3. Article 15.6/7 – Please explain the scope of protection provided for rental rights under 
Lithuanian copyright law. To what works do es such protection apply and what does the 
protection consist of? 
 The Law on Copyright and Related Rights grants rental right to authors and holders of the 
neighboring rights.  
 The above-mentioned Law gives the author of literary, scientific or artistic work 
(Article 15(1)(5)) the right to authorize or prohibit di stribution of the original or copies of the work to 
the public by sale, rental, lending, or by any other tr ansfer of ownership or possession. This right also 
applies to the exploitation of computer programs and audiovisual works.  
4. Please explain the basis of and the extent to which an exception for reproduction on 
scientific grounds may be granted  
 Article 19 of the Law on Copyright and Related Rights provides general provisions 
concerning conditions of limitation on economic rights: IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 10 
 
  "Any limitations on economic rights shall be permitted exclusively to the cases provided for in the Law on Copyright and Related Rights. They must not conflict with a normal exploitation of a 
work and must not prejudice the legitimate interests of author or other owner of copyright." 
 Article 22 of the Law states more detail provi sions related to exception for reproduction on 
scientific grounds: 
 "1. The following shall be permitted without th e authorization of the author of a work or 
any other owner of copyright in this work, and without the payment of remuneration:  
(i) the reproduction for teaching and scientific research purposes of short 
published works or a short extract of a published work, by way of illustration, 
in writings, sound or visual recordings , provided that such reproduction does 
not exceed the extent justified by the purpose; 
(ii) the reproduction for non-commercial purposes of lawfully published works in 
raised characters or any other special  method meant for the blind or sight-
impaired, with the exception of works specifically created for this purpose; 
2. When a work is used fo r the purposes specified in paragraph 1 of this Article, the 
name of the author and the source used shall be indicated." 
5. Article 24 – Please clarify the scope of this provision in particular Article 24.1 restricting 
the availability of this subsection. 
 It must be specified several compulsory cond itions, which make use of a work for information 
purposes lawful under Article 24(1) of th e Law on Copyright and Related Rights: 
(a) the only reproduction of economic, political  or religious issues is permitted 
(reproduction of other (cultural, technical) issues is restricted); 
(b) the only reproduction of current (at the ti me of reproduction) issues is allowed 
(reproduction of earlier (older) issues is restricted); 
(c) the only reproduction of article, which w as published in a newspaper or other 
periodical is permitted (so, for example,  reproduction of articles, which were 
published in collections of scientific articles,  is restricted); 
(d) there must be no prohibition of reproduction of  article by the author or other owner of 
copyright. 
6. Please explain how the enforcement provisions in Articles 64 to 71 ensure the guarantees 
of fair procedure set out in Articles 41.2 and 41.3 of TRIPS are respected. 
 Appropriate measures which ensure the guarantees of fair procedure set out in Articles 41.2 
and 41.3 of the TRIPS Agreement are provided by the Code of Criminal Procedure and Code of Civil 
Procedure (for more information see Lithuania's rep lies to questions 3, 8 and 25 of the Checklist of 
Issues on Enforcement of 23 October 2001 (document IP/N/6/LTU/1)). 
7. Please indicate whether your legislation provides for a de minimis imports exception.  
 Yes. According to paragraph 2 of Article 4 of the Law on the Protection of Intellectual 
Property in the Field of Import and Export of G oods action by the Customs authorities prescribed by  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 11 
 
 this law shall not be taken with respect to goods  (articles) of non-commercial nature or 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 expo rt declaration in a simplified manner (by word or 
act) is given according to the procedure established by the Government. 
8. Article 69 - Please explain whether this provision ensures that, following the adoption of 
measure by the court inaudita altera parte, the defendant has the right to be heard within the reasonable time after the provisional measures have been adopted.  
 According to Article 348 of Code of Civil Pr ocedures the defendant has the right to make a 
complaint within a period of seven days af ter the court decision was pronounced. In case court 
decision was made without informing of persons who ta ke part in the case, copy of that decision must 
be delivered to persons no later then in 3 days. Complaint could be made within a period of seven 
days from that day when the copy of decision was delivered to defendant.   
9. Please explain whether the droit de suite provided for in Article 14ter of the Berne 
Convention is protected in your legislation.  
 Article 17 of Law on Copyright and Related Rights provides as follows: 
"1. The author shall have an inalienable ri ght to a share in the returns from each sale 
through public auction or any other public sale of an original work of art or an original manuscript of a literary or musical work, when  the sale takes place subsequent to the first 
transfer of the right of ownership in the work by the author himself, and where the resale price of the original work or manuscript is at least 1000 litas (US$250). 
 2. The share in the returns provided for in  paragraph 1 constituting 5 per cent of the sale 
price of an original work or manuscript shall be paid to the author by the seller. The organizers of auctions and other public sale even ts must provide information to the authors or 
associations of collective administration of  copyright representing them concerning the 
original works or manuscripts sold, the seller a nd the sale price of the work or the manuscript. 
 3. An author's right to receive the share in  the returns from the resale of the original 
work of art or original manuscript, as provided for in paragraph 1 of this Article, shall be 
transferred to other person s only upon the author's death by hereditary succession." 
B. T
RADEMARKS – LAW ON TRADEMARKS (2000:VIII-1981) 
10. Please confirm if elements such as so unds and tastes are protectable under your 
legislation. 
 Yes, if such sign is capable of distinguishi ng the goods or services of one person from those 
of other persons and is represented graphically.  
 Under paragraph 1 of the Article 2 of the La w on Trademarks, "Trade mark" means any sign 
capable of distinguishing the goods or services of one person from those of other persons and capable 
of being represented graphically. For the purposes of this  Law, a service mark shall also be treated as 
a trademark. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 12 
 
 
11. Please explain in more detail the provisions regarding right of priority, in particular; 
where more than one application has been filed in another member country, which application 
will priority date from? 
 Article 10 of the Law on Trademarks provides: 
"1. The application may contain a request claiming the priority of one or more previous 
applications duly filed for the registration of one  and the same mark in the State party to the 
Paris Convention or a member of the World Trade Organization if the applicant or his successor in title files an applica tion to the State Patent Bureau within a period of six months 
from the date of filing of the fi rst application or applications. 
2. The application may contain a request to grant priority of the date on which the goods 
and/or services bearing the mark which is the subject of that application were first exhibited at an official or officially recognized international exhibition, if the application is filed with the 
State Patent Bureau within a period of six mont hs from the date of the first display of the 
goods and/or services under the mark at the exhibition. 
3. An applicant who intends to benefit from th e provisions of paragra phs 1 and 2 of this 
Article shall submit before the State Patent Bureau a certified copy of the first application (applications) or a certificate issued by the ad ministration of the international exhibition at 
which the goods and/or services bearing the mark had first been exhibited. The documents may be submitted at the time of filing of the application or within three months from that 
date. 
4. If the State Patent Bureau finds that the requirements under paragraph 3 of this 
Article have not been fulfilled, the request referre d to in paragraphs 1 or 2 of this Article shall 
be considered not to have been made." 
 The applicant has the obligation to prove which application is the first (see the paragraph 3 of 
the above mentioned Article 10). 
 If the application is filed in bad faith (it is not  the first application), the interested party may 
ask the invalidation of the registration under the grou nd foreseen in the paragraph 3 of the Article 7 of 
the Law on Trademarks ("Registration of the mark may be declared invalid where it becomes evident 
that the application for the registration of a mark wa s made in bad faith by the applicant"). The power 
to recognize the registration invalid has the Appeal s Division of the State Patent Bureau, if the 
opposition is filed after the publication of the registration or Vilnius County Court after the 
registration. 
12. Please explain on what basis the "other gro unds" set out in Article 7 will be available for 
the invalidation of a registration. 
 The invalidation of registration on "other grounds" can be based on opposition before the 
Appeals Division of the State Patent Bur eau or on the claim before the court. 
 Paragraph 1 of the Article 18 of the Law on Trademarks foresees:  
 "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 registra tion of the mark on the grounds that it may 
not be registered under Articles 6 and 7 of this Law."  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 13 
 
  Paragraph 1 of the Article 46 of the Law on Trademarks foresees: 
"Upon request by any interested person, the regi stration 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." 
13. Article 6.10 – Please explain the analysis that will be applied in determining whether a 
mark is of high symbolic value or not. 
 The examiner making the examination of the ma rks with symbol, which should have the high 
symbolic value, in particular a religious sym bol, will look for information in vocabularies, 
encyclopaedias, reference books and take into acc ount the historical, political, religious, cultural, 
public and other values of the symbol. 
14. Article 8.1 - Please explain further the scope of this provision, in particular, what are the 
circumstances in which a trademark consisting of el ements ineligible for registration separately 
will be denied registration itself. 
 Paragraph 1 of the Article 8 of the Law on Tradem arks is the general principle of the scope of 
the protection of the mark. Paragraph 2 of the Article  8 explains - where the mark contains elements 
ineligible for registration as separate (independent ) marks and where there is special reason to assume 
that the registration of the mark may cause doubts as to the scope of protection of the mark, the elements may, at the applicant's request, on the deci sion of the State Patent Bureau or court decision, 
be recognized as disclaimers. 
 Under the paragraph 2 of the Article 8 of the Law on Trademarks disclaimers do not extend 
the proprietor of the mark exclusive rights thereto. 
C. I
NDUSTRIAL DESIGNS – LAW ON INDUSTRIAL DESIGN (1995:I-1006) 
15. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional  consideration. Please explain how textile designs 
are protected. 
 The Law on Industrial Designs does not make an y exemptions of the registrability of the 
design if the design is new, has the individual charac ters and is not contradictory to the principles of 
public morality. 
 Lithuania does not have relevant provision on th e protection of designs dictated essentially by 
technical or functional consideration. 
 The textile designs are protected as other types of the designs. 
16. Please explain whether or not your legisl ation provides for the right to issue a 
compulsory licence for industrial designs. 
 No, the compulsory licence for industrial designs is not foreseen and is not available. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 14 
 
 D. P
ATENTS – PATENT LAW 18 JANUARY 1994 
17. Please explain describe how animals, micro -organisms and non-essentially biological 
processes are protected in your legislation. Please ex plain, in this respect, the relevant section of 
your legislation. 
 The last amendments of the Article 2 of th e Patent Law made on October 30, 2001 provides: 
 "Patents shall not be granted for: 
(1) Methods for treatment of the human or animal body by surgery or therapy, and 
diagnostic and prophylactic methods practiced on the human or animal body. This 
provision shall not apply if an object of invention is equipment or materials utilized 
for such methods; 
(2) plant or animal varieties or essentially  biological processes fo r the production of 
plants or animals. This provision shall not  apply to microbiological processes for  the 
production of plants or animals or the products thereof; 
(3) inventions the commercial exploitation of wh ich would be contrary to public interests, 
principles of morality and humanity. Decisions to refuse granting patents may not be 
adopted merely because the exploitation of su ch inventions is prohibited by laws or 
other legal acts. 
Where the object of invention is a method, patent  protection shall also be granted with respect 
to a product made by such method." 
 The exceptions mentioned in the paragraph 3 of  the Article 2 of the Patent Law are in full 
compliance with exceptions of the patentability menti oned in the paragraphs 2 and 3 of the Article 27 
of the TRIPS Agreement. 
18. Article 8 of the Patent Law – Service Inve ntions. Please confirm whether Article 9, 
regarding the requirement for mention of an inventor, applies to Article 8. 
 Yes, the provisions of the Article 9 of the Patent Law applies to Article 8. In any case (service 
invention or the other invention has been invented) th e author of invention has to be mentioned in the 
patent application and patent. Such  provision is foreseen in subparagraph 7 of the Article 11 of the 
Patent Law. 
19. Right of priority – Article 18 – Where the right of priority is based on an application in 
another Member country, and subsequent applicat ions are also made in other country; when, 
for the purpose of your legislation, does the priority date from? 
 The Article 18 of the Patent Law provides: 
"When filing a patent application the applicant may submit a declaration claiming the priority, 
pursuant the Paris Convention for the Protection of  Industrial Property, on the basis of one or 
several national or international applications earlier filed in foreign countries, specifying the 
filing date and the country of the said application or applications. 
The State Patent Bureau may request from the applicant claiming priority within 3 months 
from the filing date of the application to fu rnish a copy or copies of previously filed 
applications and a translation ther eof into the Lithuanian language."  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 15 
 
  Upon establishing that the requirements of paragr aph 2 of this Article are not observed, the 
State Patent Bureau may request the applicant to fulfil the requirements. Upon failure to fulfil the 
requirements, the declaration claiming the priority  shall be regarded as not have been filed. 
 Thus, under the Article 18 of the Patent Law, the applicant has the obligation to prove which 
application is the first.  
20. Please confirm whether your legislation grants additional protection for innovations 
after the twenty years period of patent protection has lapsed. 
 The last amendments of the Patent Law with the Article 27
1 made on 30 October 2001 
foresees the granting of the supplementary protection certificates. 
 The Article provides: 
 "A supplementary protection certificate (hereinafter referred to as "certificate") may be 
granted to a patent owner or his successor in title  for a period not exceeding five years, if legal 
protection is conferred to:  
(1) active ingredients of a medicine;  
 (2) active substances of a plant protection product.  
 
The certificate shall be granted, if the patent owner or his successor in title lodges an application for a certificate with the State Patent Bureau. The application shall contain the following documents:  
(1) a request for a certificate;  
 (2) a copy of the first authorization to place a medicine or a plant protection product on 
the market; 
  (3) a document confirming that the set fee has been paid.  
An application for a certificate must be lodged w ith the State Patent Bureau before the patent 
expires, but not later than within 6 months of  the date on which the authorization to place the 
medicine or the plant protection product on the ma rket was granted, or within 6 months of the 
date on which the patent was granted, if the pa tent was granted later than the authorization. 
The State Patent Bureau shall establish require ments applied to the documents, the procedure 
for examination of an application, granting an d validity of the certificate. Information about 
an application for a certificate, the grant and expiry of a certificate shall be published by the 
State Patent Bureau in its Official Bulletin. In formation regarding the grant and duration of a 
certificate shall be recorded in the Register of Patents of Lithuania.  
The granted certificate shall take effect at the end of the lawful term of the patent for a period 
equal to the period which elapsed between th e date on which the patent application was 
lodged and the date of the authorization to pl ace a medicine or a plant protection product on 
the market, reduced by a period of five years,  but not exceeding five years from the date on 
which it takes effect. The duration of the certificate shall depend on the payment of a set annual fee.  
The certificate shall confer on its holder or hi s successor in title all the rights, duties and 
restrictions established by this Law.  IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 16 
 
 
Legal protection conferred by the certificate shall extend only to the medicine or plant 
protection product covered by the authorization to place the corresponding medicine or plant protection product on the market, and must not exceed the legal protection conferred by the 
patent." 
21. Article 39 - Please describe the individual merits taken into consideration by the 
authorities in an application for exploitation of an invention with the authorization of the Government. 
 Under Article 39 of the Patent Law, the G overnment giving the authorization to use the 
invention without patent owner consent tak es into consideration the following conditions: 
(1) an invention protected by a patent is related to public needs, national security and 
public health protection, development of economically important sectors; 
 (2) the court determines that a method of the exploitation of an invention employed by 
the owner of a patent or licensee is anti-competitive; 
 
 (3) the claimed in the second patent shall involve an important technical advance of 
considerable economic significance in relati on to the invention claimed in the first 
patent; 
  (4) the owner of the first patent shall be en titled to a cross-licence (authorization to each 
owner to use the patented inventions) to use the invention claimed in the second 
patent; 
  (5) evidences confirming that the person seek ing authorization has requested, but has not 
received authorization of the owner of a pate nt to use the patented invention. This 
provision shall not apply in the case of a national emergency or other circumstances 
of extreme urgency or in cases of public non- commercial use of a patented invention. 
 
22. Please explain how your legislation provides for the reversal of the burden of proof in 
relation to process patents as required by Article 34 of the TRIPS Agreement? 
 The last amendments of Article 41
 of the Patent Law made on 30 October 2001 foresee the 
same grounds of the reversal of the burden of proof. 
 The Article provides: 
"If the subject-matter of a patent is a pro cess for obtaining a product and the product obtained 
by the defendant is identical to the product obtai ned by the patented process, or if there is a 
reason to believe that the product is produced by infringing the patent, but the plaintiff is unable through reasonable efforts to determine the process actually used, the defendant must 
prove that the process to obtain the identical product is different from the patented process.  
In the adduction of proof that the process to obtain an identical product is different from the 
patented product, the protecti on of defendant's manufacturing a nd commercial secrets must be 
ensured."   IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 17 
 
 E. P
ROTECTION OF UNDISCLOSED INFORMATION  
23. Please explain whether or not your legislatio n grants a defined period of time for the 
protection of undisclosed information. If so, please give the time span. 
 There is no specified defined period of time. 
24. Please explain how your legislation defines "undisclosed information". 
 In Lithuanian legislation the term "undisclosed information" falls under the scope of the term 
"commercial secret".  
 Paragraph 19 of the Article 3 of the La w on Competition gives such definition of the 
commercial secret: 
 "'Commercial secret' means technical, technological, commercial or organizational 
information belonging to the undertaking and not disclosed publicly, the confidentiality of 
which is protected by the undertaking, except for information that cannot be considered a 
commercial secret under the laws of the Republic of Lithuania." 
 Article 1.116 of the Civil Code gives the following definition: 
 "Any information is considered to be a co mmercial secret if it has a tangible or potential 
commercial value given it is not available to the third party due to reasonable efforts of the owner of the information, or a person to whom  the owner of the information has vested the 
information, to protect the secrecy of the information."  
25. Please explain how your legislation defines data submitted to governments or 
governmental agencies. 
 For the disclosure of data governments or gove rnmental agencies shall be held liable under 
law. The corresponding provisions are foreseen in the Article 22 of the Competition Law and Article 1.116 of the Civil Code.   IV. RESPONSES TO QUESTIONS POSED BY JAPAN 
A. C
OPYRIGHT AND RELATED RIGHTS  
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4 of the TRIPS Agreement. 
 See the reply to question 2 posed by Canada. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 18 
 
 B. T
RADEMARKS  
2. Regarding "well-known trademark", please explain how legislation of your country 
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6bis of the Paris 
Convention shall apply, mutatis mutandis, to . Please cite the relevant provisions of your 
country's law. 
 The Law on Trademarks, enforced since 1 Janua ry 2001 fully complies with Articles 16.2 and 
16.3 of the TRIPS Agreement. 
 Article 9 of the Law provides: 
"1. A mark may be recognised as well-known in the Republic of Lithuania if the results 
of its use or promotion reveal that it is we ll-known in the relevant sector of the public.  
2. A mark recognised as well-known in the Republic of Lithuania shall be protected 
even without registration thereof. 
3. A mark shall be recognised as well-known in the Republic of Lithuania according to 
judicial procedure.  
4. In addition to the rights specified in Articl e 38 of this Law, the proprietor of the mark 
recognised as well-known in the Republic of Lit huania shall also have the right to prohibit 
other persons from using, without having his c onsent, in industrial or commercial activities a 
sign which constitutes a reproduction, an imitation or a translation, liable to create confusion, 
of a mark considered to be well-known and used for identical and/or similar goods. 
5. In addition to the rights specified in Article 38 of this Law, the proprietor of a 
registered mark recognised as well-known in the Republic of Lithuania shall also be entitled 
to prevent third parties not having his consen t from using, in the course of industrial or 
commercial activities, a sign which may be ta ken for a reproduction, an imitation or a 
translation, liable to create confusion, of a mark recognised as well-known, in relation to 
goods and/or services which are not similar to those under the well-known mark, provided 
that use of that mark in relation to those goods or services would indicate a connection 
between those goods and/or services and goods and/or services under a well-known mark and 
provided that the interests of the proprietor of the registered well-known mark are likely to be 
damaged by such use." 
 Article 38 of the Law foresees:  "1. The proprietor of a registered mark shall have an exclusive right to prevent all third 
persons not having his consent from using in the course of trade any sign: 
(1) which is identical with the registered ma rk in relation to goods and/or services which 
are identical with those for wh ich the mark is registered;  
(2) where, because of its identity with the re gistered mark covering identical or similar 
goods and/or services, there exists a likelihood of confusion on the part of the public; 
the likelihood of confusion includes the likelihood of association between the sign 
and the mark; 
(3) which is identical with or similar to th e registered mark in relation to goods and/or 
services which are not similar to those for which the mark is registered, where the  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 19 
 
 
latter has a reputation in the Republic of L ithuania and where use of that sign without 
due cause takes unfair advantage of or is detrimental to, the distinctive character or the repute of the mark. 
2. The proprietor of the mark may prohibit the following under paragraph 1 of this 
Article: 
(1) affixing the sign to goods or to the packaging thereof; (2) offering the goods or putting them on the market or stocking, renting, lending or in 
any other form disposing of them for these purposes under that sign, or offering or supplying services thereunder; 
(3) importing or exporting goods under that sign; 
(4) using the sign on business papers and in advertising; (5) manufacturing the sign or keeping specimens  thereof with the intention of performing 
any of the actions specified in subparagra phs 1-4 of paragraph 2 of this Article. 
 3. The following cases shall be deemed to c onstitute an infringement of the distinctive 
character of a sign, indicated in subpar agraph 3 of paragraph 1of this Article: 
(1) the sign is used as the name of a firm an d this use is misleading the public due to the 
similarity of the sign to a registered mark  and of the goods and/or services for which 
the mark is registered; 
(2) the reproduction or presentation of the sign in advertisements or in the media gives 
the impression that it constitutes the gene ric name of certain goods and /or services." 
C. P
ROTECTION OF UNDISCLOSED INFORMATION  
3. Please explain how legislation of your co untry provides for the protection of the 
"undisclosed information" as required by Ar ticles 39.1 and 39.2 of the TRIPS Agreement. 
Please explain in detail and please cite the relevant provisions of your country's law. 
 The protection of commercial secrets in general is regulated by the Civil Code (Article 1.116) 
(see reply to question No. 24 posed by Europ ean Communities and their member States) and 
Competition Law (Article 22): 
 Competition Law, Article 22:  "Protection of Commercial Secrets  1. Commercial secrets disclosed to the Co mpetition Council and its administrative staff 
during their exercise of control over compliance wi th this Law must be kept confidential and, 
in the absence of the undertaking's consent, mu st be used only for the purpose the information 
was provided. 
 2. For the disclosure of commercial secrets of undertakings the Competition Council 
and its administrative staff shall be held liable under law."  IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 20 
 
  According to Article 16(1.3) of the Comp etition Law, using, transferring, disclosing 
information representing a commercial secret of a nother undertaking without its consent, also 
obtaining such information from persons having no right  to transfer it, in order to compete, seeking 
benefit for oneself or inflicting damage on that undertaking, is an act of unfair competition. 
 Furthermore, Article 321 of the Criminal Code provides for penalties for the abuse of trust in 
business activities. 
 The Lithuanian Law on Medicines in fact require s that medicines must be registered in the 
State Medicine Register and for that purpose doc umentation necessary for expert examination of the 
medicine must be submitted. However, under the Re gulations of the State Medicine Control Agency, 
the Agency is obliged to ensure the confidentiality of the presented in formation, if the applicant is 
asking for confidentiality. It is prohibited for em ployees to use confidential information in private 
conversation or in articles. 
4. If your legislation ensures that undisclosed test or other data submitted by an applicant 
to the responsible State agency in the procedu re for market authorization of a pharmaceutical 
or an agricultural chemical product is protected against disclosure and against unfair 
commercial use by a competitor, for example by prohibiting a second applicant for a similar 
product from relying on original data of the fi rst applicant, when applying subsequently for 
market authorization for a similar product, please  explain it in detail. Does legislation of your 
country provide for exceptions to this? 
 Does legislation of your country set a specifi c term of protection by the responsible State 
agency for undisclosed test or other data of the first applicant? If yes, please explain such 
specific term in detail, citing the relevant provisions of law. 
 Protection of undisclosed information is also for eseen in Order of Minister of Agriculture and 
Minister of Health and Minister of Envi ronment No. 196/134/225, dated 7 May 1999:  
"Data protection and confidentiality 
54. The State Commission on Registration of Plant Protection Measures may not use the 
information it was provided for the benefit of other applicants for the purpose of the 
registration of a product whose active substance has already been registered in Lithuania, 
unless the applicant who provided this information has given his consent. 
55. The Commission shall ensure that th e information regarding industrial and 
commercial secrets is treated as confid ential if the applicant so requires. 
57. If the applicant subsequently discloses pr eviously confidential information, he 
informs the Commission thereof." 
 Talking specifically about pharmaceutical products, we would like to inform you that 
Lithuania will adopt the relevant EU Directive EEC  65/65 this year, and national legislation will be 
amended accordingly. Those changes will enter into force in 2004.  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 21 
 
 D. E
NFORCEMENT  
5. Please indicate the remedies which the j udicial authorities order regarding each 
intellectual property rights provided in the TR IPS Agreement, including injuctions, damages, 
expenses, destruction or disposal of infringing goods, materials or implements for their 
production. Please explain the criteria and the way of calculation to decide the amount of the 
damages which judicial authorities order to  the infringer to pay the right holder. 
 As it was already indicated in Lithuania's replie s to questions 5, 9, 21, 24 of the Checklist of 
Issues on Enforcement of 23 October 2001 (document IP/N/6/LTU/1), all IP laws provide for the 
following remedies: 
(1) Civil Remedies  
- injunctions: 
 According to the Civil Procedure Code (Articl es 155 and 156), the court or the judge upon the 
request of the party or at his own discretion may order: 
(a) property or cash equivalent of the de fendant can be taken into custody; 
(b) defendant can be prohibited to carry out certain activities; 
(c) other persons may be prevented from passi ng property or fulfilli ng other duties and 
obligations to the defendant; 
(d) sale of property can be suspended, if a claim is submitted to cancel arrest of that 
property. 
- 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 hold er, including the recovery of profits. 
   According to the Civil Procedure Code (Artic les 112 and 113), the court has the power to 
order an infringer to pay th e right holder's expenses, including the attorney's fees. 
  - destruction or other disposal of infringi ng 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.  
 - other civil 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 pub lished patent application, for 
which provisional protection was granted, and to requ ire the termination of infringing acts, as well as 
compensation for the inflicted damage. 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 IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 22 
 
 will occur. Such proceedings may not be instituted later than three years from the establishment of the 
fact of infringement.  
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 of this 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.  
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 whic h 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, destruc tion 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, af ter 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 and the provisions of this Law. 
2. When assessing the amount of losses, the cour t shall take into account the substance of 
violation, the amount of the inflicted damage and the lost income, as well as  other expenses incurred  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 23 
 
 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, th e 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 IPR infringement: 
Article 65: 
With the aim of protecting their rights, owners of copyright and related rights shall be entitled 
to appeal to court in accordance with the procedur e 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 (inj unction 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 (materia l and/or moral), including the lost income 
and other expenses; 
  (6) payment of compensation;   (7) seizure or destruction of infringing copi es of works, computer programs, 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. Infringi ng copies of works 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 determ ined according to the price of legal sale of an 
appropriate work or object of related rights, by increasing it up to 200 per cent, or up to 300 per cent if 
the infringer has committed the infringement deliberately.  
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. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 24 
 
  The amount of compensation for moral damage in each case may not be less than 5 thousand litas and not more than 25 thousand litas. 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.  
(2) Administrative remedies  
 Article 214 of the Code of Administrative Infri ngements provides that violations of copyright 
and/or related rights result in fine of Llt 1000 to Llt 3000 (US$250 to US$750) and confiscation of 
pirate production as well as means of such producti on (for more information please see the reply to 
the question 9 in Lithuania's Checklist of Issues on Enforcement of 23 October 2001 (IP/N/6/LTU/1)). 
(3) Criminal remedies  
 In cases of the appropriation of authorship the Criminal Code (Article 142) provides for 
imprisonment for a term of up to 3 years or a fine. 
 In cases of illegal reproduction of a literary, scien tific or artistic work, audiovisual work or a 
phonogram, importing, exporting, distribution, transportation or keeping for commercial purposes of 
infringing copies the Criminal Code (Article 142) provides for imprisonment for up to 2 years or a 
fine. 
 In cases of destruction or alteration of copyright  or related rights management information the 
Criminal Code (Article 142) provides for imprisonment for up to 1 year or a fine. 
 In cases of unauthorized 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 (decodi ng devices, decoding cards, etc.), enabling to 
remove such technical protection measures th e Criminal Code (Article 142) provides for  
imprisonment for up to 2 years or a fine. 
 According to Article 32 of the Criminal Code court has the authority to make a decision what 
fine to impose (it shall be from 1 to 50000 minimum living standards (MLS), 1 MLS = 125 Litas = 
about 31 US dollars). 
 According to Article 35 of the Criminal Code  confiscation  of property is an additional penalty 
mandatory imposed by court for the commission of the  illegal reproduction of a lite rary, scientific or 
artistic work, audiovisual work or a phonogram, importing, exporting, distributing, carrying or possessing infringing copies  (Article 142 of the Criminal Code
 ) (for more information please see 
Lithuania's replies to questions 21 and 24 Checklist of Issues on Enforcement of 23 October 2001 
(document IP/N/6/LTU/1)). 
6. Please explain the kind and amounts of criminal penalties including implement and fines 
regarding intellectual property rights, citing the relevant provisions of your country's law. In 
particular, are the crimes persecuted only wh en the injured party has made a formal 
complaint? Please explain whether penalties ar e consistent with Article 61 of the TRIPS 
Agreement, which requires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. 
 See reply to question 5 posed by Japan.   IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 25 
 
  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 responsib le authorities (inquiry officers, investigators, 
prosecutors, courts or judges), or on the own initiative of these authorities.  
 Within the context of Lithuanian legislation, the penalties are fully consistent with Article 61 
of the TRIPS Agreement. 
7. Please indicate titles of laws and regulations and their provisions in which the 
suspension of the release of counterfeit trademar k or pirated copyright goods is prescribed, as 
stipulated in Article 51 of the TRIPS Agreement. 
 According to Article 5 of the Law on the Protection of Intellectual Property in the Field of 
Import and Export of Goods: 
"Goods which are to be considered as goods infri nging an intellectual property right shall be 
prohibited from being brought into the customs territory of the Republic of Lithuania (including the carriage of such goods in transit) , being released for free circulation, being an 
object of outright export and re-export, being placed under other export and import 
procedures, also from entry into a free zone and free warehouse. If in the course of customs 
control by the customs authorities it appears ev ident that goods to be considered as goods 
infringing an intellectual property right are inte nded to be placed under prohibited procedures 
listed in this Article, action by the customs aut horities prescribed by this Law shall be taken 
with respect to those goods." 
 
 
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. P
ATENTS  
1. Does your legislation grant patent protection fo r the inventions relating to products and 
processes in all fields of technology? Are there an y exceptions? If so, please explain what these 
exceptions are and how they comply  with Art. 27 TRIPS Agreement? 
 The last amendments of the Article 2 of th e Patent Law made on 30 October 2001 provide: 
Article 2. Patentable Inventions 
Patents shall be available for any inventions in a ll fields of technology, provided that they are 
new, involve an inventive step and are capable of industrial application. 
 The following shall not be regarded as inventions: 
(1) discoveries, scientific theories and mathematical methods; 
(2) design of products; (3) schemes, rules and methods of games, in tellectual or economic activities, as well as 
programmes for computers; and 
(4) presentations of information. 
 Patents shall not be granted for: IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 26 
 
 
(1) methods for treatment of the human or animal body by surgery or therapy, and 
diagnostic and prophylactic methods practised on the human or animal body. This 
provision shall not apply if an object of i nvention is equipment or materials utilised 
for such methods; 
(2) plant or animal varieties or essentially biological processes for the production of 
plants or animals. This provision shall not  apply to microbiological processes for  the 
production of plants or animals or the products thereof; 
(3) inventions for the commercial exploitati on of which would be contrary to public 
interests, principles of morality and humanity. Decisions to refuse granting patents 
may not be adopted merely because the exploitation of such inventions is prohibited 
by laws or other legal acts. 
Where the object of invention is a method, patent  protection shall also be granted with respect 
to a product made by such method." 
 The exceptions mentioned above, in our opinion, are in full compliance with exceptions of the 
patentability provided in the paragraphs 2 and 3 of the Article 27 of the TRIPS Agreement. 
2. Does your legislation, in accordance with Ar ticle 27.1 in combination with Article 31of 
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude 
compulsory licensing, if a product is being imported)? 
 The Patent Law has no exact provision concerni ng importation as "working" patent. However, 
under the paragraph 3 of Article 60 of the Patent  Law which provides "Foreign legal and natural 
persons shall enjoy all rights provi ded for in this Law and other sta ndard acts regulating the protection 
of the rights of the patent owner" all patents grante d in Lithuania give the same rights to the patent 
owners. 
 The Article regulates the rights of the owner of a patent and provides: 
"Where the subject-matter of a patent is a pr oduct, the owner of the patent shall have the 
exclusive right to prevent third parties not  having the owner's consent from the acts of 
making, using, offering for sale, selling, importing or exporting that product.  
Where the subject-matter of a patent is a pro cess, the owner of the patent shall have the 
exclusive right to prevent third parties not having the owner's consent from the act of using the process, and from the acts of using, offeri ng for sale, selling, importing or exporting a 
product obtained directly by that process.  
The owner of the patent shall have no right to prevent third parties from performing acts 
referred to in paragraphs 1 and 2, provided that:  
(1) the act is done privately and for non-commercial purposes and it does not 
significantly prejudice the economic interests of the owner of the patent;  
(2) the act is done for experimental purposes or  for scientific research, and this does not 
conflict with a normal exploitation of th e patent and does not unreasonably prejudice 
the legitimate interests of the patent owner;  
(3) the act consists of preparing medicines for individual cases in a pharmacy upon the 
prescription of a physician or if it is indicat ed how to use the medicines so prepared.   IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 27 
 
 
The owner of the patent shall have the right to prevent all third parties from supplying or 
offering to supply essential elements of the pate nted invention with the exception of those 
which are widely known in the economic activitie s, if the supply and offering to supply them 
is necessary for performing the acts provided for in paragraphs 1 and 2 of this Article.  
Rights to the patent application and the patent itself shall be inheritable. The state shall not 
inherit these rights." 
Article 39 of the Patent Law provides: "The Government of the Republic of Lithuania may adopt a resolution to permit a central or 
local government institution, natural or legal persons as well as an enterprise which does not 
have the rights of a legal person to market, w ithout the agreement of the owner of a patent, a 
patented invention in the territory of the Republic of Lithuania, if: 
- an invention protected by a patent is re lated to public needs, national security and 
public health protection, development of economically important sectors; 
- the court determines that a method of the exploitation of an invention employed by 
the owner of a patent or licensee is anti-competitive. 
An invention may be exploited only for the pur pose in respect of which the resolution has 
been adopted. The owner of a patent must, for the exploitation of the invention, be 
remunerated fairly, taking into consider ation economic value of the invention. 
If the owner of a patent or a person who has aut horization to use an invention, requests, the 
Government of the Republic of Lithuania may, ta king into consideration their reasons, change 
the conditions of the use of a patented invention, and time limits of the validity of permission.   
When authorization to use a patented invention is issued to the owner of a patent which 
improves a previously patented invention ( second invention) and that may infringe the 
exclusive rights of the owner of the first patent , the Government of the Republic of Lithuania 
shall, before the adoption of this resolution, take into consideration the following additional 
conditions: 
- the claimed in the second patent shall in volve an important technical advance of 
considerable economic significance in relati on to the invention claimed in the first 
patent; 
- the owner of the first patent shall be entitle d to a cross-licence (authorization to each 
owner to use the patented inventions) to  use the invention claimed in the second 
patent; 
- the use authorised in respect of the first patent shall be non-assignable except with the 
assignment of the second patent. 
The Government of the Republic of Lithuania may declare the resolution null and void, if the 
circumstances which led to the authorization to use a patented invention cease to exist, or if a 
central or local government institution, natural or legal persons as well as an enterprise which 
does not have the rights of a legal person uses a patented invention for the purpose other than 
that in respect of which the resolution has been adopted. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 28 
 
 
Authorization to exploit an invention must be non-exclusive, i.e. the owner of a patent shall not lose the right to use a patented invention himself, and it shall not prohibit the owner of a patent to conclude license agreements related to  the use of a patented invention as well as to 
further exploit a patented invention or to implement his rights in other ways.  
Authorization to use a patented invention may not  be transferred, except when the enterprise 
(or a part thereof) in which a patented inventi on is used, is transferred in a manner prescribed 
by law. 
Attached to a request to permit the exploitati on of a patented invention must be evidences 
confirming that the person seeking authorization has requested, but has not received 
authorization of the owner of a patent to use th e patented invention. This provision shall not 
apply in the case of a national emergency or ot her circumstances of extreme urgency or in 
cases of public non-commercial use of a patented invention. The owner of a patent must be 
informed in writing about a resolution, which is  being drawn up, concerning the authorization 
to use a patented invention, and about an inten tion to use a patented invention for the purposes 
provided for in subparagraph 1 of  paragraph 1 of this Article. 
Resolutions of the Government of the Republic of Lithuania concerning the authorization to 
use a patented invention without the consent of the owner of a patent may be appealed against 
in court in a manner prescribed by law. 
Upon the receipt of the resolution of the Govern ment of the Republic of Lithuania concerning 
the authorization to exploit an invention, the State Patent Bureau shall publish information on 
the authorization in the next i ssue of its Official Bulletin." 
Follow-up question: 
In your answer you indicate that your Patent Law does not provide explicitly that 
importation is considered as "working" a patent .  Please confirm, whether, according to your 
law and practice, a compulsory licence on the gr ounds of non-working may not be granted for a 
product in case that product is being imported into Lithuania. 
 The main idea of the Article 39 of the Pate nt Law is that the Government may adopt a 
resolution to permit natural or legal persons to mark et, without the agreement of the owner of a patent, 
a patented invention in the territory of Lithuania . 
 
 If the patented invention is being imported into  domestic market and the patent owner is not 
taking any action against such importation it means that the invention is available for the public, 
therefore there are no grounds to  grant the compulsory licence. 
  We do not have any practice applying the Pa tent Law provisions on compulsory licences.  
 3. Does your legislation make the granting of the compulsory licence subject to all the 
conditions enumerated in Article 31 of the TRIPS Agreement? Please cite the relevant provisions of the law. 
Yes, the Patent Law makes the granting of the compulsory licence subject to all the 
conditions enumerated in Article 31 of the TRI PS Agreement. Article 39 of the Law provides: 
"The Government of the Republic of Lithuania may adopt a resolution to permit a central or 
local government institution, natural or legal persons as well as an enterprise which does not 
have the rights of a legal person to market, wit hout the agreement of the owner of a patent, a  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 29 
 
 
patented invention in the territory of the Republic of Lithuania, if: 
- an invention protected by a patent is re lated to public needs, national security and 
public health protection, development of economically important sectors; 
 
- the court determines that a method of the exploitation of an invention employed by 
the owner of a patent or licensee is anti-competitive. 
 
An invention may be exploited only for the pur pose in respect of which the resolution has 
been adopted. The owner of a patent must, for the exploitation of the invention, be 
remunerated fairly, taking into consider ation economic value of the invention. 
If the owner of a patent or a person who has aut horization to use an invention, requests, the 
Government of the Republic of Lithuania may, ta king into consideration their reasons, change 
the conditions of the use of a patented invention, and time limits of the validity of permission.   
When authorization to use a patented inventio n is issued to the owner of a patent which 
improves a previously patented invention ( second invention) and that may infringe the 
exclusive rights of the owner of the first patent , the Government of the Republic of Lithuania 
shall, before the adoption of this resolution, take into consideration the following additional 
conditions: 
- - the claimed in the second patent shall involve an important technical advance 
of considerable economic significance in rela tion to the invention claimed in the first 
patent; 
- - the owner of the first patent shall be  entitled to a cross-licence (authorization 
to each owner to use the patented inventions)to use the invention claimed in the second patent; 
- - the use authorised in respect of the first patent shall be non-assignable except 
with the assignment of the second patent. 
The Government of the Republic of Lithuania may declare the resolution null and void, if the 
circumstances which led to the authorization to use a patented invention cease to exist, or if a 
central or local government institution, natural or legal persons as well as an enterprise which 
does not have the rights of a legal person uses a patented invention for the purpose other than 
that in respect of which the resolution has been adopted. 
Authorization to exploit an invention must be non-exclusive, i.e. the owner of a patent shall 
not lose the right to use a patented invention himself, and it shall not prohibit the owner of a patent to conclude license agreements related to  the use of a patented invention as well as to 
further exploit a patented invention or to implement his rights in other ways.  
Authorization to use a patented invention may not  be transferred, except when the enterprise 
(or a part thereof) in which a patented inventi on is used, is transferred in a manner prescribed 
by law. 
Attached to a request to permit the exploitati on of a patented invention must be evidences 
confirming that the person seeking authorization has requested, but has not received authorization of the owner of a patent to use th e patented invention. This provision shall not 
apply in the case of a national emergency or ot her circumstances of extreme urgency or in 
cases of public non-commercial use of a patented invention. The owner of a patent must be IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 30 
 
 
informed in writing about a resolution, which is  being drawn up, concerning the authorization 
to use a patented invention, and about an inten tion to use a patented invention for the purposes 
provided for in subparagraph 1 of  paragraph 1 of this Article. 
Resolutions of the Government of the Republic of Lithuania concerning the authorization to 
use a patented invention without the consent of the owner of a patent may be appealed against 
in court in a manner prescribed by law. 
 Upon the receipt of the resolution of the Govern ment of the Republic of Lithuania concerning 
the authorization to exploit an invention, the State Patent Bureau shall publish information on 
the authorization in the next i ssue of its Official Bulletin." 
4. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation? Please cite the relevant provision of law.  
 Yes, it does. 
 The last amendments of the paragraph 5 and 6 of Article 41 of the Patent Law made on 
30 October 2001 provide: 
Article 41. Protection of Rights  
 "If the subject-matter of a patent is a process for obtaining a product and the product obtained 
by the defendant is identical to  the product obtained by the patented process, or if there is a 
reason to believe that the product is produced by  infringing the patent, but the plaintiff is 
unable through reasonable efforts to determine the process actually used, the defendant must 
prove that the process to obtain the identical product is different from the patented process. 
 In the adduction of proof that the process to obtain an identical product is different from the 
patented product, the protection of defendant's  manufacturing and commercial secrets must be 
ensured." 
 Patent Law provides and possibility to star t action declaring the non-infringement of the 
patent: 
Article 42. Declaration of Non-Infringement  
 "Any person concerned shall have the right to institute court proceedings against the owner of 
the patent requesting the court to declare th at the performance of a specific act does not 
constitute infringement of the patent. 
If the person concerned proves that the acts pe rformed by him do not constitute infringement 
of the patent, the court shall pass the decision of non-infringement. 
The owner of the patent sha ll notify any licensees of the pro ceedings. In the absence of any 
provision to the contrary in the licence agreemen t the licensees shall have the right to join the 
proceedings."  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 31 
 
 B. P
ROTECTION OF UNDISCLOSED INFORMATION  
5. Please explain in detail if your legislation en sures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorization of a pharmaceutical or of an ag riculture chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a 
second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market  authorization for a similar product. 
 Does your legislation provide for exceptions to  this? If yes, under what conditions would 
such exceptions apply? 
 Does your legislation set a specific term of protection for undisclosed test or other data 
of the first applicant? 
 See replies to questions 3 and 4 posed by Japan. 
C. E
NFORCEMENT  
6. Please indicate remedies provided by your legislation, which constitute effective 
deterrents to infringements of intellectual property rights. 
 See the reply to question 5 posed by Japan and Lithuania's responses to the Checklist of 
Issues on Enforcement (question 5) of 23  October 2001 (document IP/N/6/LTU/1). 
7. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement. 
 Lithuania has criminal procedures and penalties, which are sufficient to act as a deterrent for 
cases of criminal copyright infringements. Therefore,  no new initiatives are planned in the sphere of 
criminal enforcement in near future. But some new changes related to administrative measures are 
foreseen. The Draft of Law on Amendments to th e Code of Administrative Law Infringements has 
been prepared taking into consideration the prov isions of new Law on Protection of Intellectual 
Property Rights in the Sphere of Import and Export of Goods. These amendments will allow 
extending the application of the administrative liab ility for copyright and related rights infringements 
(including the administrative liability for unlaw ful importation, exportation and transportation of 
infringing copies for commercial purposes). The Draft of Law has been submitted to the Parliament. 
  VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
A. G
ENERAL  
1. Please describe, in relation to each form of  intellectual property covered by the TRIPS 
Agreement, including plant variety protection, the manner in which national treatment and 
most favoured nation treatment are provide d to nationals of other WTO Members. 
 See the reply to question 2 posed by Canada. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 32 
 
 B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please explain whether and how the copyright law of Lithuania complies with Article 9 
of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention (1971), except Article 6 bis, si nce Members do not have rights or obligations 
relating to the latter Article under the TRIPS Agreement. 
 Lithuania acceded to the Berne Convention (1971) on 29 July 1994. Nevertheless, the 
Lithuanian Law on Copyright and Related Rights includes provisions, which fully reflect Articles 1 though 21 of the Berne Convention and thus wholly comply with the provision in Article 9 of the TRIPS Agreement. Furthermore, Articles 14 and 43 of the Law include the scope of moral rights. 
3. Please explain how the copyright law of Lithuania protects computer programs as 
literary works and complications of data as required by Article 10 of the TRIPS Agreement. 
 The Law on Copyright and Related Rights protects computer programs  and complications of 
data as required by Article 10 of the TRIPS Agreement.  
 Article 2(16) of the Law provides that "computer program" means a set of instructions 
expressed in words, codes, schemes or in any other form capable, when inco rporated in a computer-
readable medium, of causing a computer to perform a particular task or achieve a particular result; this 
notion also includes preparatory design material of su ch instructions, provided that the nature of the 
preparatory design material is such that the sai d set of instructions may be established from it. 
 Article 4(2)(1) of the Law expressly states that computer programs are protected on the same 
terms as literary works. Computer programs are prot ected for the life of the author and for 70 years 
after his death, irrespective of the date when the work is lawfully made available to the public. 
 Article 2(6) of the Law provides that "datab ase" means a collection of independent works, 
data or any other material arranged in a systema tic or methodical way and individually accessible by 
electronic or other means, except for computer pr ograms used in the making or operation of such 
databases. 
 Article 4(3)(2) of the Law includes collections  of works or collections of data, databases 
(expressed in a machine- readable form, or in any other form), which, by reason of the selection or 
arrangement of their contents are the result of intellectual creation of an author as subjects of 
protection. 
 Article 4(4) of the Law provides that copyright  in derivative works and collections shall apply 
without prejudice to the copyright in the work or works on the basis of which a derivative work has 
been created or a collection has been made, and sha ll not extend to the data or material, which is not 
attributed to the subject-matter of copyright employed in the database. 
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs 
and cinematographic works be available. Please cite to the corresponding provisions of the 
copyright law of Lithuania. 
 The Law on Copyright and Related Rights complies with Article 11 of the TRIPS Agreement 
as it grants rental right to authors and holders of the neighboring rights.  
 Article 15(1)(5) of the Law gives the author of literary, scientific or artistic work the right to 
authorize or prohibit distribution of the original or copies of the work to the public by sale, rental,  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 33 
 
 lending, or by any other transfer of ownership or possession. This right also applies to the exploitation 
of computer programs and audiovisual works.  
5. Please state the length and terms of protection the copyright law of Lithuania provides 
for a work other than a photographic work or a work of applied art and cite to the relevant 
provision of law. 
 Article 30 of the Law on Copyright and Related Rights states that author's economic rights 
shall run for the life of the author and for 70 years after his death, irrespective of the date when the 
work is lawfully made available to the public. 
 Article 31 of the Law provides special duration of the economic rights of authors: 
(1) The duration of the authors' economic rights in a joint work shall run for the life of 
co-authors and for 70 years after the death of the last surviving author. 
(2) With regard to anonymous and pseudonymous works, the duration of the authors' 
economic rights shall run for 70 years after the work is lawfully disclosed to the public. However, when the pseudonym adopted by the author leaves no doubt as to 
his identity, or if the author discloses hi s identity during the prescribed period, the 
duration of protection shall run for the life of the author and for 70 years after his death. 
(3) With regard to collective works, the dura tion of the authors' economic rights shall run 
for 70 years after the lawful communication to the public of th e work. In cases where 
the natural persons who have  created the work leave no doubt as to their identity, 
provisions of paragraph 1 of this Article shall apply. 
(4) The duration of authors' economic rights in  an audiovisual work shall extend over the 
life of the principal director, author of the screenplay, author of the dialogue, artist, cameraman and the composer of music speci fically created for the audiovisual work, 
and for 70 years after the death of  the last of them to survive. 
 The duration provided for in Articles 30, 31 and 32 of the Law shall be calculated from the 
first day of January of the year following the event which gives rise to the calculation of the duration. 
 Where a work is published in separate units (vol umes, parts, issues, or episodes), the duration 
of protection shall be calculated for each separat e unit from the date of its lawful publication 
(Article 33 of the Law). 
6. Please describe the protection the copyrigh t law of Lithuania provides for performers, 
and the term of the protection.  
Pursuant to Article 44(1) of the Law on Copy right and Related Rights a performer shall have 
the exclusive rights to perform or to authorize any of the following acts: 
(1) broadcasting or retransmission of his performance or the fixation thereof; (2) fixation of his unfixed (unrecorded) performance; 
(3) direct or indirect reproduction of a fixation of his performance in any manner or 
form; IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 34 
 
 
(4) communication to the public of his performance; 
(5) distribution of the original or copies of a fixation of his performance by sale, rental, 
lending or any other form of tr ansferring ownership or possession; 
(6) import of copies of the fixation of his performance. 
 Under the Article 43 of the Law, performer, i ndependently of his exclusive economic rights, 
and even after the transfer of those rights to ot her persons, shall retain his moral rights in his live 
performance or the fixation of his performance. A pe rformer shall have the right to claim to be 
identified as the performer in connection with any u se of his performance or the fixation thereof, and 
to object to any distortion or other modification of his performance or the fixation thereof, as well as 
other derogatory action in relation thereto which w ould be prejudicial to his honour or reputation. A 
performer's moral rights shall not be s ubject to transfer to other persons. 
 Article 50(1) of the Law states that the rights of performers shall run for 50 years after the 
date of the performance. If a fixation of the pe rformance is lawfully published or lawfully 
communicated to the public within this period, the rights of performers shall run for fifty years from 
the date of the first such publication or the firs t such communication to the public, whichever is the 
earlier.  
 The duration shall be calculated from the first da y of January of the year following the event 
which gives rise to the calculation of the duration. 
 The protection of the moral rights of performers shall be of unlimited duration. 
7. Article 14.2 of the TRIPS Agreement provid es that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. 
Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms. Please 
describe how the copyright law of Lithuania implem ents these obligations and indicate the term 
of protection.  
 The producer of a phonogram shall have exclusive right to prohibit or to authorize direct or 
indirect reproduction of a phonogram in any manner or form, which is provided under 
Article 45(1)(1) of the Law on Copyright and Related Rights. 
 Pursuant to Article 50(2) of the Law, the rights of producers of phonograms shall run for 50 
years after the fixation is made. If the phonogram is lawfully published or lawfully communicated to 
the public during this period, the rights shall expire 50 years from the date of the first such publication 
or the first such communication to th e public, whichever is the earlier. 
 The duration shall be calculated from the first da y of January of the year following the event, 
which gives rise to the calculation of the duration. 
C. T
RADEMARKS  
8. Please describe the subject-matter that can comprise a trademark under the trademark 
law of Lithuania. 
 Paragraph 1 of the Article 2 of the Law on Trademarks provides:  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 35 
 
 
"Trademark" means any sign capable of distin guishing the goods or services of one person 
from those of other persons and capable of be ing represented graphically. For the purposes of 
this Law, a service mark shall also be treated as a trademark". 
 Article 5 of the Law provides: 
"Marks, with respect to which legal protection under this Law is applicable, may consist of 
signs, in particular: 
(1) words, personal surnames, names, artis tic pseudonyms, names of firms, slogans; 
(2) letters, numerals; (3) drawings, emblems; 
(4) three-dimensional form (the shape of  goods, their packaging or containers); 
(5) colours or combinations of colours, their compositions; (6) any combination of signs specified in  subparagraphs 1-5 of this Article." 
9. Please describe the procedure that must be followed to register a trademark in 
Lithuania, citing the relevant provisions of the la w, and describe the rights that the owner of a 
registered mark can exercise. 
 Article 3 of the Law on Trademarks provides th at the Law shall apply to every mark intended 
to identify goods and/or services, for which registra tion is sought in the application filed at the State 
Patent Bureau or which is registered in the manne r prescribed by this Law, or which is subject to 
international registration, in effect in Lithuania. This Law shall also apply to the marks recognised as 
well-known in Lithuania (for more information conc erning "well-known" marks please see to reply to 
question 2 posed by Japan). 
 The registration procedure of the marks by national and internationa l way is foreseen in 
Chapter III-V of the Law a nd should be the follow: 
Article 11. Filing of an Application 
1. An applicant who wishes to register a mark mu st file an application to the State Patent 
Bureau. 
2. The representative may also file an applicati on to the State Patent Bureau on behalf of the 
applicant. Foreign nationals who are not permanent residents of th e Republic of Lithuania and legal 
persons of foreign states who do not have a subsidiary  or representation registered in the Republic of 
Lithuania shall file applications to the State Pate nt Bureau and perform all actions relating to the 
registration of the mark with the State Patent Bu reau, including also representation at the Appeals 
Division, through the patent attorney of the Republic of Lithuania.  
3. One application shall be filed for the registration of one mark. 4. An application for the registration of a mark shall consist of: 
(1) a request for the registration of a mark  and issuance of the trade mark certificate 
signed by the applicant or his representative; IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 36 
 
 
(2) a document certifying payment of the fixed fee; 
(3) the power of attorney given to a pers on, where the application is filed by an 
authorised person; 
(4) a request to be granted priority (where appropriate); 
(5) a permit issued by competent authoriti es under subparagraphs 8 and 9 of paragraph 1 
of Article 6 of this Law (where appropriate);  
(6) regulations governing the use of a collective mark (where appropriate); 
(7) consent of the owner of the rights accord ing to subparagraph 6 of paragraph 1 of 
Article 7 of this Law (where appropriate). 
5. A request for the registration of a mark a nd issuance of the trade mark certificate shall 
contain: 
(1) information identifying the applicant and his representative; (2) a reproduction and description of the mark in  respect of which registration is applied 
for; 
(3) the names of goods and/or services for whic h registration is requested, classified in 
accordance with the Nice classification e ffective on the date of filing of the 
application; 
(4) a statement that the mark in respect of which registration is applied for is a three-
dimensional mark (w here appropriate); 
(5) a statement that colour or combination, composition of colours are considered a 
distinctive feature of the mark (where appropriate); 
(6) a statement as to which elements of th e mark are considered a disclaimer (where 
appropriate); 
(7) a statement that the mark is registered  and published in standard characters of the 
State Patent Bureau (where appropriate); 
(8) a transliteration of the mark or its verb al elements, also their translation into 
Lithuanian (where appropriate); 
(9) a statement that the mark for which an application for registration is filed is a 
collective mark. 
6. An application may contain a request for regist ration of one or more classes of goods and/or 
services. A fixed additional fee shall be payable fo r more than one class of goods and/or services 
indicated in the application. 
Article 12. Date of Filing of Application 
1. The date of receipt by the State Patent Bur eau of the documents listed in subparagraphs 1 and 
2 of paragraph 4 of Article 11 of this Law shall be considered the date of filing of the application.  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 37 
 
 2. In case of failure to submit at least one of the documents listed in s ubparagraphs 1 and 2 of 
paragraph 4 of Article 11 of this Law, a date of f iling shall not be accorded to the application and the 
application documents shall be returned to the app licant with the grounds for the inadmissibility of the 
application indicated. 
Article 13. Examination of Application 
1. The State Patent Bureau shall conduct, within one month from the receipt of the application, a 
formal examination of the appli cation documents: check whether or not the documents specified in 
subparagraphs 1 and 2 of paragraph 4 of Article 11 of this La w have been filed and whether they 
comply with the formal requirements. 
2. The State Patent Bureau shall recognise an application as having been filed and shall accord 
to it a date of filing and a number, provided that the documents specified in subparagraphs 1 and 2 of 
paragraph 4 of Article 11 of this  Law have been filed and all th e formal requirements have been 
complied with. 
3. Having performed the actions specified in paragr aph 2 of this Article, the State Patent Bureau 
shall supply the applicant or his representative with  a notice of acceptance of the application wherein 
the date of filing of the application and the number accorded to it shall be indicated. 
4. Having accorded the application a date of fili ng, the State Patent Bur eau shall check whether 
or not all the documents specified in paragraph 4 of  Article 11 of this Law have been filed, whether 
they comply with the requirements of this Law and the Regulations, and whether the goods and/or 
services for which registration is requested are in  compliance with the requirements of the Nice 
classification. 
5. Having ascertained that not all the documents sp ecified in paragraph 4 of Article 11 of this 
Law have been filed or that the documents do not comply with the requirements of this Law and the 
Regulations, the State Patent Bureau shall notify the applicant or his representative thereof in writing, 
indicating the deficiencies and the required remedyin g. If the deficiencies in the application are not 
remedied within three months from the sending of the notification, the State Patent Bureau shall 
recognise the application as having not been filed a nd shall notify the applicant or his representative 
thereof in writing.  
6. Having ascertained that the goods and/or services do not comply with the Nice classification, 
the State Patent Bureau shall send a notification to the applicant or his representative, pointing out the 
deficiencies and indicating which deficiencies must be  remedied. If the deficien cies referred to above 
are not remedied within three months from the date of  sending of the notification or if the applicant or 
his representative objects to the instructions of the St ate Patent Bureau, the State Patent Bureau shall 
reject the entire application or the part thereo f which refers to the goods and/or services the 
classification whereof was objected to by the appl icant or his representative and shall notify the 
applicant or his representative thereof in writing. 
Article 14. Examination of the Mark 
2. Having conducted an examination to the applicati on the State Patent Bureau shall carry out an 
examination of the mark with a view to ascertain ing whether or not it satisfies the requirements of 
Article 6 of this Law. 
3. Where, under Article 6 of this Law, a mark is not registerable, the State Patent Bureau shall 
adopt a decision to refuse the registration of the mark  in respect of all or some of the goods and/or IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 38 
 
 services. The decision which must indicate grounds and reasons for the refusal of the registration of the mark shall be sent to the applicant or his represen tative within ten days from the adoption thereof.  
4. The applicant or his representative shall have th e right to submit to the State Patent Bureau 
within three months from the day of sending of the decision to refuse registration a written request for 
a re- examination. 
5. Having received a request for a re-examination and upon examining the arguments submitted 
by the applicant, the State Patent Bureau sh all conduct a re-examination and adopt one of the 
following decisions: 
(1) to declare the previous decision invalid and to register the mark in respect of all or 
only some of the goods and/or services; 
(2) to leave valid the decision to  refuse registration of the mark. 
6. The State Patent Bureau shall send the adopted decision to the applicant or his representative 
within ten days from the adoption thereof.  
Article 15. Filing of Appeal 
1. An applicant or his representative who objects to the decision adopted by the State Patent 
Bureau after the re-examination shall have the righ t to file with the Appeals Division of the State 
Patent Bureau (hereinafter - Appeals Division), w ithin three months from the day of sending of the 
decision, a written appeal with a substantiated request  for a review of the findings of the examination 
and a document certifying the payment of the fixed fee. 
2. Following the examination of the appeal, the Appeals Division shall adopt one of the 
following decisions: 
(1) to grant the appeal and to adopt a decision to register the mark in respect of all or 
some of the goods and/or services; 
(2) to dismiss the appeal and to uphold the d ecision to refuse the registration of the mark.  
3. Where the applicant or his representative object s to the decision of the Appeals Division, he 
shall have the right to appeal against the decision of the Appeals Division to the Vilnius County Court 
within six months from the date of adoption of the decision by the Appeals Division. 
Article 16. Registration of a Mark 
1. Upon ascertaining that the mark meets the require ments of Article 6, the State Patent Bureau 
shall adopt a decision to register the mark and sha ll within ten days from the date of adoption of the 
decision send the decision and instruction to pay the fixed fee to the applicant or his representative. 
2. Having granted the appeal under Article 15 of th is Law, the State Patent Bureau shall further 
act in accordance with the procedure laid  down in paragraph 1 of this Article. 
3. After the applicant or his representative pr esents a document certifying the payment of the 
fee, the mark shall be registered in the Regist er of Trade Marks of the Republic of Lithuania. 
Information of the registered mark shall be publis hed in the Official Bulletin of the State Patent 
Bureau.  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 39 
 
 Article 17. Withdrawal of the Application 
1. If the applicant or his representative fails to pay the fee within three months from the day of 
sending of the decision to register the mark, th e application shall be deemed withdrawn on the 
decision of the State Patent Bureau. 
2. Within ten days from the adoption of the d ecision that the application shall be deemed 
withdrawn the State Patent Bureau shall send the decision to the applicant or his representative. 
3. The applicant or his representative shall have th e right to withdraw his application or restrict 
the list of goods and/or services contained therein at any stage of examination of the application or the 
mark. 
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 in terested 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 f ourteen days from the day of receipt of the 
opposition whether the opposition complies with the re quirements 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 requi rements, 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 oppos ition is filed or his representative must within 
three months from the date of sending of the oppositi on 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 opp osition is filed or his representative, or the 
person who filed the oppo sition 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 deci sion attached to the communication.  
7. The decision made by the Appeals Division ma y be appealed against to the Vilnius County 
Court within six months from the day of adoption thereof. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 40 
 
 8. Decisions made by the Appeals Division sha ll be published in the Official Bulletin of the 
State Patent Bureau. 
Article 19. Appeal and Opposition Examination at the State Patent Bureau 
1. Appeal or opposition proceedings conducte d by the Appeals Division shall be public. 
2. The applicant, the interested person, the proprietor of the mark against which opposition has 
been filed or the representatives of the above persons sh all have the right to take part in the appeal or 
opposition proceedings at the Appeals Division. 
3. Appeal and opposition examinati on procedure shall be set forth in the Regulations for Appeal 
and Opposition Examination approved by the Director of the State Patent Bureau. 
Article 20. Certificate of Registration of a Mark 
1. The State Patent Bureau shall issue a registra tion certificate to the proprietor of a registered 
mark or his representative, unless opposition has been  filed in accordance with the procedure laid 
down in Article 18 of this Law or if opposition has been rejected or satisfied in respect of some of the 
goods and/or services pursuant to paragraph 5 of Artic le 18 of this Law. Where the proprietor of the 
mark or his representative fails to collect the certifi cate within one month from the day of issue of the 
certificate of registration of the mark, he  shall be sent the certificate by post. 
2. The form of the certificate of registration of a mark and the data recorded therein shall be 
established by the State Patent Bureau.  
3. Certificate of the registration of a mark is a legal document certifying the entry of the mark in 
the Register of Trade Marks of the Republic of Lit huania and the exclusive rights of the proprietor of 
the mark to the registered mark. 
4. If the proprietor of the mark loses the certificate of registration of the mark, he shall be issued 
a duplicate of the certificate. 
Article 21. Register of Trade Marks of the Republic of Lithuania 
1. The Register of Trade Marks of the Republic of Lithuania is a state register. The Register 
shall be administered by the State Patent Bureau. 
2. The procedure for accumulating, keeping, storing and using the documents and data relating 
to trade marks shall be established by the Statute of  the Register of Trade Marks of the Republic of 
Lithuania approved by the Government. 
Article 22. Data of the Register of Trade Marks of the Republic of Lithuania  
1. The following data shall be recorded and st ored in the Register of Trade Marks of the 
Republic of Lithuania: 
(1) reproduction of the mark; (2) names of goods and/or services for which re gistration of the mark is applied for, 
classified according to the Nice classification effective on the day of filing of the application;  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 41 
 
 
(3) date of filing of the app lication and its file number; 
(4) date of registration of the mark and its file number; (5) the applicant's name or personal name, surname and address (headquarters); 
(6) name or personal name, surname and addr ess (headquarters) of the proprietor of the 
mark; 
(7) date of expiry of registration; (8) priority date, first application file number, code of the state, provided that priority has 
been given under paragraph 1 of Article 10 of this Law; 
(9) name of the exhibition, date of display of  goods and/or services, provided that priority 
has been given under paragraph 2 of Article 10 of this Law; 
(10) personal name, surname, address (headquart ers) of the representative, where he has 
been appointed; 
(11) a statement that the mark is collective,  three-dimensional or that colour constitutes 
distinctive character of the mark; 
(12) other data relating to the regist ration, use and protection of the mark; 
(13) grounds for and date of amendment of the data. 
2. All natural and legal persons shall have the right to use the data of the Register of Trade 
Marks of the Republic of Lithuania according to th e procedure laid down by the Regulations of the 
Register of Trade Marks of the Republic of Lithuania. 
3. The State Patent Bureau shall issue extracts from the Register of Trade Marks of the Republic 
of Lithuania at the request of any person who has paid the fixed fee. 
Article 23. Recording of Changes in the Applicat ion and in the Register of Trade Marks of the 
Republic of Lithuania  
1. The applicant, the proprietor of the mark or  his representative must notify the State Patent 
Bureau of: 
(1) changes in the name or personal name , surname or address (headquarters) of the 
applicant or the proprietor of the mark; 
(2) changes of the representative of the applican t or proprietor of the mark or his address 
(headquarters); 
(3) changes in the representation of the mark applied for registration or of the registered 
mark where, in the opinion of the State Patent  Bureau, the change is not related to the 
distinctive character of the mark; 
(4) limitation of the list of goods and/or services; (5) the full or partial change of the a pplicant or the proprietor of the mark; IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 42 
 
 
(6) the need to correct technical errors.  
2. Requesting for change to be recorded in the a pplication or in the Register of Trade Marks of 
the Republic of Lithuania, the applicant, the proprie tor of the mark or their representative shall submit 
the following documents: 
(1) request for recording chang es in the application or in the Register of Trade Marks of 
the Republic of Lithuania; 
(2) documents substantiating the request where the recording of amendments specified in 
subparagraphs 5 and 6 of  paragraph 1 of this Article is requested; 
(3) a document certifying the payment of the fixed fee. 
3. Following the receipt of the documents specified  in paragraph 2 of this Article, the State 
Patent Bureau shall verify them within one month from the date of receipt and record the change in 
the application or in the Register of Trade Marks of the Republic of Lithuania, provided that they 
meet the requirements laid down by this Law and the Regulations. 
4. The change shall become valid from the day of  its recording. A notice of the change in the 
Register of Trade Marks of the Republic of Lithuani a shall be published in the Official Bulletin of the 
State Patent Bureau. 
5. Technical error made by the State Patent Bureau shall be corrected free of charge. Article 24. Removal of a Mark from the Register  
1. A mark shall be removed from the Register of  Trade Marks of the Republic of Lithuania if: 
(1) the Appeals Division declares the registra tion of the mark invalid according to the 
procedure laid down in Article 18 of this Law; 
(2) the registration of the mark is declared invalid or revoked by a court decision; (3) the registration of the mark has not be re newed according to the procedure laid down 
in Article 36 of this Law; 
(4) the proprietor of the mark requests for the mark to be removed from the Register. 
2. The State Patent Bureau shall remove the ma rk from the Register of Trade Marks of the 
Republic of Lithuania following the recei pt of one of the following documents: 
(1) effective court decision to declare the regist ration of the mark invalid or to revoke the 
registration of the mark; 
(2) a written request of the proprietor of the mark. 
3. After the Appeals Division takes a decision to declare the registration of a mark invalid, or in 
case of failure to renew the registration of the mark  according to the procedure laid down in Article 36 
of this Law, the mark shall be removed from the Re gister on the initiative of the State Patent Bureau. 
4. A notice of removal of the mark from the Regi ster shall be published in the Official Bulletin 
of the State Patent Bureau.  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 43 
 
 Article 25. Requirements for the Documents Filed to the State Patent Bureau  
1. Documents shall be filed to the State Patent  Bureau in the state language. If the documents, 
except for the application for the registration of a ma rk and for the issuance of a trade mark certificate, 
are filed in a language which is not the state language , the applicant, the proprietor of the mark or his 
representative must within three months from the day of filing of the documents submit the 
documents translated into the state language. 
2. The power of attorney to represent the applican t or the proprietor of the mark shall be issued 
in writing and shall not be subject to notarial veri fication. Where the application for registration of a 
mark and for issuance of the trade mark certificate is  filed by a representative who, however, fails to 
submit the power of attorney together with th e documents listed in s ubparagraphs 1 and 2 of 
paragraph 4 of Article 11 of this Law, the power of attorney must be submitted within three months 
from the date of filing of the application. 
3. Documents filed to the State Patent Bure au shall be exempt from all legalisation. 
4. Specific requirements of the application a nd other documents shall be established by the 
Regulations.  
5. A document shall be deemed not to have been filed and the act shall be deemed not to have 
been performed if the applicant, the proprietor of the mark or his representative fails to submit the 
documents within the time limit set in this La w or the documents have been executed not in 
accordance with the requirements.  
Article 26. Time Limit 
1. Following the filing of a written request and pa yment of the fixed fee by the applicant or his 
representative, the time limits provided for in paragra phs 5 and 6 of Article 13, paragraph 3 of Article 
14, paragraph 1 of Article 15, paragraph 1 of Artic le 17, paragraph 4 of Ar ticle 18, paragraph 1 of 
Article 25 may be extended once but for not longer than two months from the day of expiry of the 
initial time limit.  
2. An application for the extension of time limit must be filed and the fixed fee must be paid 
prior to the expiry of the initial time period. The time period shall be extended on the decision of the 
State Patent Bureau. 
3. The applicant who was unable to observe the time limit set in paragr aph 1 of Article 17 may 
be reinstated upon filing the following documents: 
(1) a substantiated request to re instate the unobserved time limit; 
(2) a document stating the grounds of non-observance of the time limit; 
(3) a document certifying the payment of the fixed fee. 
4. Reinstatement specified in paragraph 3 of this  Article shall be granted on the decision of the 
Director of the State Patent Bureau. 
5. Refusal to extend the time limit or to grant re instatement may be appealed to court in the 
manner prescribed by law. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 44 
 
 Article 27. Fees 
1. The filing of an application and other acts pr ovided for in this Law shall be subject to the 
payment of the fixed fee. 
2. The amount of fees, specific actions for which fees are payable, the procedure for paying the 
fees shall be established by this Law and othe r tax laws of the Republic of Lithuania. 
Article 28. Right to a Collective Mark 
1. A union (association, union, c onsortium, etc.) of persons sha ll have the right to file an 
application for the registration of a collective mark. 
2. All provisions of this Law, except for the provisions of Articles 43 and 44, shall apply to a 
collective mark.  
Article 29. Registration and Use of a Collective Mark 
1. A collective mark shall be registered in th e name of the union of persons and only when the 
regulations for the use thereof, approved by the un ion, are filed together with the application. The 
regulations shall contain the following data: 
(1) the name and the headquarters of the union of persons in the name whereof an 
application for the registration of a collective mark has been filed; 
(2) the purpose of the union of pe rsons and representation procedure; 
(3) membership conditions; (4) information relating to the union members who have authority to use a collective 
mark; 
(5) terms and conditions of the use of a collective mark; 
(6) rights and obligations of the union members in case of non-fulfillment of the 
conditions of use of a collective mark  and infringement of rights to it. 
2. A collective mark may be transferred only w ith the consent of all persons who are members 
of a union which has registered the collective mark.  
3. A collective mark may be cons tituted of signs or indications which may serve, in trade, to 
designate the geographical origin of the goods and/ or services, the mark, however, shall not entitle the 
proprietor to prohibit a third party from using th e signs or indications, provided such use is in 
accordance with the accepted principles of mora lity in industrial and commercial matters: in 
particular, such a mark may not be  invoked against a third party who is entitled to use a geographical 
name in trade. 
4. A collective mark shall be deemed used when  used by at least one member of the union.  
5. Unless otherwise provided in the regulations governing the use of a collective mark, a person 
who has authority to use the collective mark may br ing an action in infringement of a collective mark 
only with the consent of the proprietor of the mark.   IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 45 
 
 6. The proprietor of a collective mark must subm it to the State Patent Bureau any changes or 
supplement of the regulations governing the use of the collective mark. 
7. The State Patent Bureau shall refuse the app lication for a collective mark if the regulations 
governing use of the mark do not satisfy the requirement s of paragraph 1 of this Article or if they are 
contrary to public policy or to accepted principl es of morality. After the applicant amends the 
regulations in such a way that the ground for re fusal ceases to exist, the collective mark may be 
registered according to the pro cedure established by this Law. 
8. Upon submitting a request and subject to the payment of a fixed fee, the interested parties 
may inspect the regulations governing the use of th e collective mark at the State Patent Bureau. 
Article 30. Validity of the International Registration of a Mark 
1. From the date of the international regist ration of the mark extended to the Republic of 
Lithuania, or the date of territorial extension ma de subsequently to the international registration 
(hereinafter - subsequent territorial extension) th e protection of the mark resulting from international 
registration shall be the same as if the mark had been  registered in accordance with the provisions of 
this Law.  
2. Data relating to the interna tional registration of the mark is published in the Gazette of 
International Marks of the International Bureau. 
3. The State Patent Bureau shall record the data  relating to the international registration of the 
mark, extended to Lithuania, in the Register of Trade Marks of the Republic of Lithuania. 
Article 31. Invalidity of International Registration 
1. Where a mark which has been the subject of an international registration does not meet the 
requirements of Article 6 of this Law or if an op position is filed in the manner prescribed by this Law 
in respect of the registration of the mark, the State Patent Bureau shall notify the International Bureau 
within the time limit set by the Madrid Protocol that  the protection of the mark is fully or partially 
refused in the Republic of Lithuania. 
2. International registration of a mark shall be invalid in the Republic of Lithuania from the day 
of the effect of invalidation in the Republic of Lithuania. 
3. Where international registration of a mark is  canceled at the request of the office of the 
country of origin or following the denunciation of  the Madrid Protocol by a party to the Madrid 
Protocol, the proprietor of the mark may file an application according to the procedure laid down in 
this Law requesting registration of the mark in the Republic of Lithuania. 
4. An application under paragraph 3 of this Article shall be deemed  to have been filed on the day 
of international registration of the mark or of the subsequent territorial extension, with due regard 
being had, where appropriate, to the date of grantin g of priority, provided the following conditions are 
observed: 
(1) the application is filed within a three month period following the cancellation of 
international registration of the mark on the grounds provided for in paragraph 3 of 
this Article; 
(2) the application comprises no other goods and/or services than those comprised by the 
international registration. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 46 
 
 
(3) the application complies with all the requi rements of this Law and the applicant has 
paid the fixed fee.  
Article 32. Filing of an International Application or  of a Request for Subsequent Territorial Extension 
on the Basis of an Application or Registration in the Republic of Lithuania  
1. An applicant or a proprietor of the mark w ho meets the requirements of subparagraph (i) of 
paragraph 1 of Article 2 of the Madr id Protocol must file an international application or a request for 
subsequent territorial extension through the State Patent Bureau. 
2. The granting of priority under the provisions of the Paris Convention may be requested while 
filing an international application or request  for subsequent territorial extension.  
3. An international application and request for s ubsequent territorial extension must be presented 
in the form and in accordance with the requireme nts prescribed by the Madrid Protocol and Common 
Regulations under the Madrid Agreement Concerning the International Registration of Marks and the 
Protocol Relating to that Agreement (hereinafter  - Common Regulations of the Madrid Protocol). 
4. The procedure for filing and examining the international application and a request for 
subsequent territorial extension at the State Patent  Bureau shall be established in the Procedure for 
Implementing the Madrid Protocol, approved by the Director of the State Patent Bureau. 
5. The applicant shall pay a fixed fee for the exam ination of an international application at the 
State Patent Bureau. In case of failure by the ap plicant to present a document certifying payment of 
the fixed fee, the State Patent Bureau sh all return the international application. 
6.  The applicant must pay the fees provided for in the Common Regulations of the Madrid 
Protocol directly to the International Bureau. 
Article 33. Replacement of a National Regist ration by an International Registration  
1. Where a mark that is the subject of a national registration in the Republic of Lithuania is also 
the subject of an international registration, on the initiative of the proprietor the international 
registration is deemed to replace the national regi stration valid in the Republic of Lithuania, if: 
(1) the international registration is ex tended to the Republic of Lithuania ; 
(2) all goods and/or services listed in the na tional registration are also listed in the 
international registration; 
(3) the international registration has been ex tended to the Republic of Lithuania after the 
filing of an application, based on Article 11 of this Law, to the State Patent Bureau. 
2. Upon request of the proprietor of the mark who has paid the fixed fee, the State Patent Bureau 
shall record the data on the replacement of national registration by international registration into the 
Register of Trade Marks of the Republic of Lit huania and shall publish the data in the Official 
Bulletin of the State Patent Bureau.  
Article 34. Special Provisions Applicable to International Registration of a Mark 
1. If the proprietor of a mark of international registration opposes the decision of the State Patent 
Bureau to refuse to grant protection on the grounds that the mark does not satisfy the requirements of 
Article 6 of this Law, he shall be entitled to request re-examination within five months from the day  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 47 
 
 of making of the decision. If he fails to file the request within the set time limit, the decision of the State Patent Bureau shall be deemed final. 
2. If the proprietor of a mark of international registration objects to the decision made by the 
State Patent Bureau in the course of re-examination, he shall be entitled to file, within a five months 
from the day of making of the decision, an appeal to the Appeals Division according to the procedure 
set forth in Article 15 of this Law.  
3. The interested persons or their represen tatives must file an opposition to international 
registration of a mark within a three months peri od from the day of publishing of information on the 
international registration of the mark in the Gazet te of International Marks of the International 
Bureau. The opposition must meet the requirements of pa ragraphs 1 and 2 of Article 18 of this Law.  
4. The proprietor of a mark of international registration against which an opposition has been 
filed must within a five months period from th e date of filing of the opposition appoint his 
representative in the manner laid down in paragraph 2 of Article 11 of this Law and present a justified 
reply to opposition. Failure to present a justified reply to the opposition shall be considered as a 
refusal to take part 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 of international 
registration or his representative. If the proprietor of  the mark of international registration to which 
the opposition is filed fails to appoint his represen tative, the decision made by the Appeals Division 
shall not be communicated to the proprietor of the mark of international registration.  
5. A license issued by the proprietor of the mark of international registration shall not be valid in 
the Republic of Lithuania for third parties if the da ta of the license contract  has not been recorded 
according to the procedure established by Article 44 of this Law.  
6. Renewal of the international registration of a mark and other issues related to international 
registration, which have not been discussed in this Law, shall be regulated by the Madrid Protocol, 
Common Regulations of the Madrid Protocol an d the Procedure for Implementing the Madrid 
Protocol. 
10. Please provide the length and terms of pr otection that the trademark law of Lithuania 
provides for a trademark. 
 The Chapter VI of the Law on Trademarks pr ovides the duration of registration of a mark: 
Article 35. Duration of Registration of a Mark 
 A mark shall be registered for a period of ten years from the date of filing of the application. 
Article 36. Renewal  
1. Following the expiry of the period specified in Article 35 of this Law, registration of a mark 
may be renewed in respect of all or only a part of  goods and/or services each time for not longer than 
ten years. 
2. Registration of a mark shall be renewed on th e decision of the State Patent Bureau provided 
that the following documents have been submitted to the State Patent Bureau: 
(1) the request for renewal of registration of a mark in respect of all or part of the goods 
and/or services; IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 48 
 
 
(2) document certifying the payment of the fixed fee. 
3. Documents specified in paragraph 2 of this Artic le must be filed by the proprietor of the mark 
or his representative not later than in the last year before the expiry of registration of the mark. 
4. Having paid a 50% additional fee for the renewa l of registration of a mark, the proprietor of a 
mark or his representative may submit a request for renewal within a period of six months following 
the day of expiry of registration of the mark.  
5  Information relating to the renewal of registrati on of a mark shall be recorded in the Register 
of Trade Marks of the Republic of Lithuania and pub lished in the Official Bulletin of the State Patent 
Bureau.  
6. If the proprietor of the mark or his representativ e fails to pay the fixed fee within the period 
specified in paragraphs 3 and 4 of this Article, th e registration of the mark shall not be renewed and 
the mark shall be removed from the Register of Tr ade Marks of the Republic of Lithuania according 
to the procedure laid down in Article 24 of this Law.  
D. G
EOGRAPHICAL INDICATIONS  
11. Please describe in detail how the laws of Lithuania provide the recognition and 
protection of geographical indications required by  Article 22.2 of the TRIPS Agreement, citing 
to the relevant provisions of law or regulation, and provide examples of geographical indications so protected. 
 The subparagraph 11 of the Article 6 of  the Law on Trademarks provides that: 
"A sign shall not be recognised as a mark and sh all be refused registration or the registration 
of a registered mark shall be declared invalid if: 
 (11) it contains or consists of a geogra phical 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." 
 On this ground, for example, the PILS, PILSN ER geographical indications for beer were not 
registered. 
12. Please describe in detail the manner in which the higher level of protection required for 
wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for such products. 
 The subparagraph 12 of the Article 6 of  the Law on Trademarks provides, that: 
"A sign shall not be recognised as a mark and sh all be refused registration or the registration 
of a registered mark shall be declared invalid if: 
(12) it contains or consists of a geographical indication identifying wines for wines or 
spirits for spirits not originating in the pl ace indicated by the geographical indication in 
question, even where the true origin of the goods  is indicated or the geographical indication is  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 49 
 
 
used in translation or accompanied by expressions such as 'kind', 'type', 'style', 'imitation' or 
the like." 
 On this ground, for example, the KAGOR, CHAMPAGNE, COGNAC, PORTO, TEQUILA 
geographical indications for wines and spirits were not registered. 
E. I
NDUSTRIAL DESIGNS  
13. Please describe the procedure that must be  followed to obtain protection for industrial 
designs, citing to the provisions of the law of Lithuania, and describe the nature of the 
protection provided. 
 Under the Law on Industrial Design an industr ial design shall acquire legal protection upon 
the registration with the State Patent Bureau of Lithuania.  
 Chapter III of the Law regulates in details registration of industrial designs: 
"Article 11. Filing of an Application  
A person, wishing to register an industrial desi gn, shall file an application with the State 
Patent Bureau.  
A representative of the applicant may file the application on his beha lf. Foreign legal and 
natural persons shall file applications with the State Patent Bureau, through a patent attorney 
of the Republic of Lithuania.  
An application may be filed for one or several industrial design examples, belonging to the 
same international class of the classification for industrial design, under the Locarno Treaty 
On International Industrial Design Classifica tion. One application may include up to 10 
examples of the design applied for.  
On filing an application, the applicant must  pay the fee for the application and every 
additional example of industrial design.  
An application shall be filed in the Lithuanian language.  Article 12. Industrial Design Application Documents  
An industrial design application shall comprise:  (1) a request to grand an industrial design certificate;  (2) photos and graphic representations of the industrial design;  (3) description of the industrial design;  (4) document confirming the payment of the fee;  (5) document certifying powers of the representative, if the application is filed by the 
representative; and  
(6) document confirming to the transfer of author's rights.  IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 50 
 
 
Article 13. Granting the Filing Date  
Filing date for application of an industrial desi gn shall be considered the day when the State 
Patent Bureau has received the following documents:  
(1) a request to grant industrial design certificate;  
(2) photos or graphic representation of industrial design; and  
(3) document confirming payment of the fee.  
In the event the applican t has failed to file one of the docum ents listed in part one of this 
article, the filing date shall not be granted.  
Article 14. Priority Right  
The application may contain a request to grant pr iority to one or more earlier applications to 
register the same industrial design within the st ate, which is a party to the Paris Convention 
for the Protection of Industrial Property, if the applicant or his successor in title shall file an 
application to the State Patent Bureau with in 6 months from the first application or 
application filing date.  
The application may contain a request to rec ognise the priority date, when the industrial 
design was displayed in an official or officially recognised international exhibition, if the application shall be filed with the State Patent  Bureau within 6 months of the day of opening 
of the exhibition.  
The applicant desiring to make use of the provi sions of Paragraphs 1 and 2 of this Article, 
must produce to the State Patent Bureau copies of  the first application or applications certified 
as correct by a patent office of that state, or  a certificate issued by the administration of the 
exhibition, in which the industrial design was displayed for the first time. Such documents 
may be furnished at the time of filing of an a pplication in the Republic of Lithuania or within 
3 months from the filing date.  
Upon determining that the requirements of Paragr aph 3 of this Article are not complied with, 
the State Patent Bureau shall regard the applica tions specified in Paragraphs 1 and 2 of this 
Article as not have been filed.  
Article 15. Examination of I ndustrial Design Application  
The State Patent Bureau shall perform examina tion of an industrial design application. The 
State Patent Bureau examiner shall verify th e industrial design application documents, named 
in Articles 12 and 14 of this Law.  
The examiner of the State Patent Bureau, ha ving established that the documents named in 
Articles 12 and 14 of this Law, are not included in the application, or these documents are not 
prepared according to the requirements, shall info rm the applicant or his representative of this. 
If, in the course of 3 months from the day of dispatching of this information, the application documents shall not be prepared in accordance with requirements, the expert of the State 
Patent Bureau shall adopt the decision not to register the industrial design.  
If an applicant disagrees with the decision of the State Patent Bureau, he shall have the right 
to appeal to the Section of Appeals of the St ate Patent Bureau, within 3 months from the day  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 51 
 
 
the examiner's decision had been dispatched. The applicant shall have the right to participate 
at meetings of the Section of Appeals, when hi s appeal is being settled. The applicant shall be 
informed of the decision adopted by the Section of Appeals.  
Article 16. Withdrawal or Correction of Application  
Prior to the date of registration of an industr ial design an applicant shall have the right to 
withdraw his/her application or to reduce th e number of design examples contained in it.  
Article 17. Registration of an Industrial Design  
Following his decision to register an industrial design, the examiner of the State Patent 
Bureau shall notify the applicant of this. The applicant must within 3 months from the day of 
being informed pay the fee for registration, p ublication and granting certificate. In the event 
the applicant fails to pay the fee in due time, the industrial design shall not be registered.  
The State Patent Bureau shall enter the industria l design into the Industrial Design Register of 
the Republic of Lithuania.  
A representation of the industrial design shall be  produced in the Industrial Design Register of 
the Republic of Lithuania and the data con cerning the issuance of the industrial design 
certificate, its use and protection shall be included in it.  
The State Patent Bureau shall issue an extr act from the Industrial Design Register of the 
Republic of Lithuania to every person who had paid the fee. The confirmed extract from the 
Register shall be regarded as an official document.  
Article 18. Publication of Registration of an Industrial Design and the Procedure for 
Opposition  
Inclusion of an industrial design into the Industrial Design Register of the Republic of 
Lithuania shall be published in the official  Bulletin of the State Patent Bureau.  
Interested persons, who have paid the fee, a nd are basing themselves on Articles 2-4 of this 
Law, may file an opposition against the registrati on of an industrial design within a period of 
3 months from the date of publication. The opposition must be motivated and presented in 
writing, to the Section of Appeals of the State Patent Bureau. The author of the registered industrial design shall be acquainted with the content of opposition and shall be granted the 
right of a just cause reply, within a 3-month pe riod from the day of the receipt of opposition.  
If the opposition shall be rejected, the Section of Appeals of the State Patent Bureau shall 
inform both the person who had submitted the opposition and the owner of the industrial 
design.  
If the opposition shall be acknowledged as justifiable,  registration shall be totally or partially 
abolished. The decision adopted by the Section of  Appeals of the State Patent Bureau shall be 
published in the official bulletin.  
Article 19. Granting of Industrial Design Certificate  
If the opposition was not submitted in accord ance with the conditions established in 
Paragraphs 2 and 3 of Article 18, or was rejected, the State Patent Bureau shall grant the 
registered industrial design certificate to the design owner.  IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 52 
 
 
Based upon Paragraph 3 of Article 17 of this Law,  data from the Industrial Design Register of 
the Republic of Lithuania, shall be inscribed on the industrial design certificate." 
14. Please describe the procedure that must be followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation. 
 The Law on Industrial Designs does not make an y exemptions of the registrability of the 
design if the design is new, has the individual charac ters and is not contradictory to the principles of 
public morality.  
 The textile designs are protected as other types of the designs. F. P
ATENTS  
15. Please describe in detail the way in whic h the Patent Law of Lithuania implements 
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including 
details regarding the protection of the micro-or ganisms and non-biological and microbiological 
processes and plant varieties. Please cite to the relevant provisions of the law. 
 See reply to question 1 posed by Switzerland. 
16. Please describe in detail the rights provi ded patent holders under the patent law of 
Lithuania and cite to the relevant provisions of the law. 
 The Article 26 of the Patent Law regulates the rights of the owner of a patent and provides: 
 "Where the subject-matter of a patent is a pr oduct, the owner of the patent shall have the 
exclusive right to prevent third parties not having the owner's consent from the acts of 
making, using, offering for sale, selling, importing or exporting that product.  
 Where the subject-matter of a patent is a pr ocess, the owner of the patent shall have the 
exclusive right to prevent third parties not having the owner's consent from the act of using the process, and from the acts of using, offe ring for sale, selling, importing or exporting a 
product obtained directly by that process.  
The owner of the patent shall have no righ t to prevent third parties from performing acts 
referred to in paragraphs 1 and 2, provided that:  
(1) the act is done privately and for non-commercial purposes and it does not 
significantly prejudice the economic interests of the owner of the patent;  
(2) the act is done for experimental purposes or  for scientific research, and this does not 
conflict with a normal exploitation of th e patent and does not unreasonably prejudice 
the legitimate interests of the patent owner;  
(3) the act consists of preparing medicines for individual cases in a pharmacy upon the 
prescription of a physician or if it is indicat ed how to use the medicines so prepared.  
The owner of the patent shall have the right to prevent all third parties from supplying or 
offering to supply essential elements of the pate nted invention with the exception of those 
which are widely known in the economic activities,  if the supply and offering to supply them 
is necessary for performing the acts provided for in paragraphs 1 and 2 of this Article.   IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 53 
 
 
Rights to the patent application and the patent itself shall be inheritable. The state shall not 
inherit these rights." 
17. Please describe in detail any provision in the laws of Lithuania permitting unauthorised 
use of a patent, citing to the relevant provisions of the law, and describe in detail the conditions 
under which such use can occur. 
 The paragraph 3 of the Article 26 of the Patent Law provides: 
"The owner of the patent shall have no righ t to prevent third parties from performing acts 
referred to in paragraphs 1 and 2, provided that:  
(1) the act is done privately and for non-commercial purposes and it does not 
significantly prejudice the economic interests of the owner of the patent;  
(2) the act is done for experimental purposes or  for scientific research, and this does not 
conflict with a normal exploitation of th e patent and does not unreasonably prejudice 
the legitimate interests of the patent owner;  
(3) the act consists of preparing medicines for individual cases in a pharmacy upon the 
prescription of a physician or if it is indicat ed how to use the medicines so prepared." 
 Article 39 of the Patent Law provides:  "The Government of the Republic of Lithuania may adopt a resolution to permit a central or 
local government institution, natural or legal persons as well as an enterprise which does not 
have the rights of a legal person to market, wit hout the agreement of the owner of a patent, a 
patented invention in the territory of the Republic of Lithuania, if: 
- an invention protected by a patent is rela ted to public needs, national security and 
public health protection, development of economically important sectors; 
- the court determines that a method of the exploitation of an invention employed by 
the owner of a patent or licensee is anti-competitive. 
An invention may be exploited only for the pur pose in respect of which the resolution has 
been adopted. The owner of a patent must, for the exploitation of the invention, be 
remunerated fairly, taking into consider ation economic value of the invention. 
If the owner of a patent or a person who has aut horization to use an invention, requests, the 
Government of the Republic of Lithuania may, ta king into consideration their reasons, change 
the conditions of the use of a patented invention, and time limits of the validity of permission.   
When authorization to use a patented invention is issued to the  owner of a patent which 
improves a previously patented invention ( second invention) and that may infringe the 
exclusive rights of the owner of the first patent , the Government of the Republic of Lithuania 
shall, before the adoption of this resolution, take into consideration the following additional 
conditions: 
- the claimed in the second patent shall in volve an important technical advance of 
considerable economic significance in relati on to the invention claimed in the first 
patent; IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 54 
 
 
- the owner of the first patent shall be entitle d to a cross-licence (authorization to each 
owner to use the patented inventions)to use the invention claimed in the second patent; 
- the use authorised in respect of the first patent shall be non-assignable except with the 
assignment of the second patent. 
The Government of the Republic of Lithuania may declare the resolution null and void, if the 
circumstances which led to the authorization to use a patented invention cease to exist, or if a 
central or local government institution, natural or legal persons as well as an enterprise which 
does not have the rights of a legal person uses a patented invention for the purpose other than 
that in respect of which the resolution has been adopted. 
Authorization to exploit an invention must be non-exclusive, i.e. the owner of a patent shall 
not lose the right to use a patented invention himself, and it shall not prohibit the owner of a patent to conclude license agreements related to  the use of a patented invention as well as to 
further exploit a patented invention or to implement his rights in other ways.  
Authorization to use a patented invention may not  be transferred, except when the enterprise 
(or a part thereof) in which a patented inventi on is used, is transferred in a manner prescribed 
by law. 
Attached to a request to permit the exploitati on of a patented invention must be evidences 
confirming that the person seeking authorization has requested, but has not received authorization of the owner of a patent to use th e patented invention. This provision shall not 
apply in the case of a national emergency or ot her circumstances of extreme urgency or in 
cases of public non-commercial use of a patented invention. The owner of a patent must be 
informed in writing about a resolution, which is  being drawn up, concerning the authorization 
to use a patented invention, and about an inten tion to use a patented invention for the purposes 
provided for in subparagraph 1 of  paragraph 1 of this Article. 
Resolutions of the Government of the Republic of Lithuania concerning the authorization to 
use a patented invention without the consent of the owner of a patent may be appealed against 
in court in a manner prescribed by law. 
Upon the receipt of the resolution of the Govern ment of the Republic of Lithuania concerning 
the authorization to exploit an invention, the State Patent Bureau shall publish information on 
the authorization in the next i ssue of its Official Bulletin." 
 Such regulation of the unauthorised use is in  full compliance with Articles 30 and 31 of the 
TRIPS Agreement. 
18. What term of protection does the patent law of Lithuania provide for patents? Please 
describe any provisions for extension of the term of protection and cite to the relevant provisions of the law. 
 The term of patent is 20 years as from the date of filing the application and is subject to the 
payment of an annual fee. 
 If legal protection is conferred to active ingred ients of a medicine or active substances of a 
plant protection product, such protection can be extended title for a period not exceeding five years 
with granting of the supplementary protection certificate.  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 55 
 
  Please see the following provisions of the Patent Law: 
"Article 27. Term of Pate nts and Maintenance Fees 
The term of a patent shall be 20 years as from the date of filing the application.  
The maintenance of a patent shall be subj ect to the payment of an annual fee.  
The first annual fee shall be due in respect of the third year of the validity of a patent.  
The annual fee shall be paid within two last m onths of the current year of the validity of a 
patent.  
The annual fee increased by 50 per cent may s till be validly paid within 6 months from the 
due date prescribed in para graph 4 of this Article.  
Article 27. Supplementary Protection Certificate 
A supplementary protection certificate (hereinafter  referred to as "certif icate") may be granted 
to a patent owner or his successor in title for a period not exceeding five years, if legal protection is conferred to:  
(1) active ingredients of a medicine;  
(2) active substances of a plant protection product.  
The certificate shall be granted, if the patent owner or his successor in title lodges an 
application for a certificate with the State Patent Bureau. The application shall contain the following documents:  
(1) a request for a certificate;  (2) a copy of the first authorization to place a medicine or a plant protection product on 
the market;  
(3) a document confirming that the set fee has been paid.  
An application for a certificate must be lodged w ith the State Patent Bureau before the patent 
expires, but not later than within 6 months of  the date on which the authorization to place the 
medicine or the plant protection product on the ma rket was granted, or within 6 months of the 
date on which the patent was granted, if the pa tent was granted later than the authorization. 
The State Patent Bureau shall establish require ments applied to the documents, the procedure 
for examination of an application, granting an d validity of the certificate. Information about 
an application for a certificate, the grant and expiry of a certificate shall be published by the State Patent Bureau in its Official Bulletin. In formation regarding the grant and duration of a 
certificate shall be recorded in  the Register of Patents of the Republic of Lithuania.  
The granted certificate shall take effect at the end of the lawful term of the patent for a period 
equal to the period which elapsed between th e date on which the patent application was 
lodged and the date of the authorization to pl ace a medicine or a plant protection product on 
the market, reduced by a period of five years,  but not exceeding five years from the date on 
which it takes effect. The duration of the certificate shall depend on the payment of a set 
annual fee.  IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 56 
 
 
The certificate shall confer on its holder or hi s successor in title all the rights, duties and 
restrictions established by this Law.  
Legal protection conferred by the certificate shall extend only to the medicine or plant 
protection product covered by the authorization to place the corresponding medicine or plant 
protection product on the market, and must not exceed the legal protection conferred by the 
patent." 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
19. Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of Lithuania, including the term of  protection, and cite to the relevant provisions 
of law. 
 Chapter III of the Law on the Legal Protec tion of Topographies of Semiconductor Products 
regulates in detail registration of the topography: 
"Article 10. Filing of the Application 
1. A person wishing to register a topography shall file an application with the State 
Patent Bureau. 
2. An application may be filed on behalf of the applicant by his representative. Foreign 
natural or legal persons shall file  applications for registration with the State Patent Bureau and 
shall perform all the necessary formalities only through patent attorneys of the Republic of 
Lithuania. 
3. The application must be filed within two years of the first commercial exploitation of 
the topography anywhere in the world. 
4. The application shall contain: (1) the request for registration with the da te of first commercial exploitation of the 
topography where it precedes the date of the application for registration. 
(2) the description of the topography and all the material identifying or exemplifying it; 
(3) a statement as to the date of first comm ercial exploitation of the topography where it 
precedes the date of the application for registration; 
(4) a receipt certifying payment of a fee; (5) an authorization if the application is filed by a representative of the applicant; 
(6) an application for authorship or a document proving transfer of the author's rights; 5. The request for registration shall be in Lithuanian. If the other submitted documents 
are not in Lithuanian their translation into Lithuanian must be submitted to the State Patent 
Bureau within three months from the date of filing the application. 
6. The date on which the State Patent Bur eau receives the documents listed above in 
subparagraphs 1-4 of para graph 4 of this Article shall be considered the date of filing the 
application.  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 57 
 
 
7. Before making the application public, the applicant or his representative may 
supplement, particularise or alter the data in the submitted documents except the topography. 
8. The State Patent Bureau shall ensure that that the materials submitted for the 
registration of the topography shall not be made public if the applicant states that it is a 
commercial secret. This provision does not preven t from submitting the material if this is an 
express request of judicial or any other competent authority. 
9. Regulations for the application documents  shall be specified by the State Patent 
Bureau. 
Article 11. Examination 
1. The State Patent Bureau shall exam ine whether the application meets the 
requirements of paragraph 3, Article 3 and of Article 10 of this Law. 
2. Upon finding that the application is not in  conformity with the requirements specified 
in paragraph 3, Article 3 of this Law the State Patent Bureau shall adopt  a decision to refuse 
to register the topography. 
3. Upon finding that the application does not  conform to the requirements specified in 
Article 10 of this Law the State Patent Bureau shall notify the applicant or his representative. 
If the requirements are not met within 3 months  from the day of mailing such a notification 
the application shall be deemed to be withdrawn. 
4. Upon adopting a decision to register the topography the State Patent Bureau shall, 
within 1 month, duly inform the applicant or his representative. 
Article 12. Appeal  
1. The applicant who contests the decision of  the State Patent Bureau to deem the 
application to be withdrawn may, within 3 m onths from the day of mailing the notification, 
appeal to the Appeals Division of the State Patent Bureau. 
2. The appeal shall be filed in writing. 
3. The procedure for stating the appeal and its examination shall be specified by the 
State Patent Bureau. 
Article 13. Registration and Publication of the Topography 
1. The topography shall be entered in th e Topographies Register of the Republic of 
Lithuania. 
2. The registration entry shall be published in  the Official Bulletin of the State Patent 
Bureau. 
3. Upon request, the State Patent Bureau sh all issue an extract from the Topographies 
Register of the Republic of Lithuania to ever y person. The certified extract from the Register 
shall be an official document. IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 58 
 
 
Article 14. Opposition  
1. Interested persons, in accordance with the provisions of Article 3 of this Law, may 
file an opposition against the registration of the topography within 3 months from the registration of the topography. The procedure for filing an opposition and its examination 
shall be prescribed by the State Patent Bureau. 
2. The opposition shall be file d in writing. The owner of th e topography shall be entitled 
to submit a reasoned reply within 3 months  from the date of mailing the notes about the 
opposition. 
3. If the Appeals Division dismisses the opposition, the State Patent Bureau shall duly 
notify the person who filed the opposition a nd the owner of the contested topography. 
4. If the Appeals Division finds the opposition valid, the registration shall be cancelled. 
The decision of the State Patent Bureau sha ll be published in the Official Bulletin.  
Article 15. Issuance of the Certificate 
 If, under the conditions specified in Article 14, no opposition is filed or if the opposition is 
dismissed the State Patent Bureau shall issue to  the owner a certificate of registration of the 
topography." 
 The term of the protection is foreseen is Article 7 of the Law: 
"Article 7. Duration of Exclusive Rights  
1. The exclusive rights shall come into ex istence on the earlier of the following dates: 
(1) the date when the topography is first co mmercially exploited anywhere in the world; 
(2) the date when an application for registrati on of the topography has been filed with the 
State Patent Bureau; 
2. The exclusive rights to the topography shall come to an end 10 years from the earlier 
of the following dates: 
(1) the end of the calendar year in which the topography or a semiconductor product 
manufactured using the topography is first commercially exploited anywhere in the 
world; 
(2) the end of the calendar year in which the application for registration of the 
topography has been filed with the State Patent Bureau. 
3. Where a topography has not been commerc ially exploited anywhere in the world 
within a period of fifteen years from its first fixation protection of the rights to the topography 
shall come to an end unless an application for re gistration has been filed. The right to file an 
application for registration of the topography w ith the State Patent Bureau shall come to an 
end after the termination of the time limit specified in Article 10 paragraph 3."  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 59 
 
 H. P
ROTECTION OF UNDISCLOSED INFORMATION  
20. Please describe in detail how the laws of Lithuania provide for the protection of 
undisclosed information as required by Articl e 39.2 of the TRIPS Agreement and provide 
citations to the relevant provisions of law. 
 See reply to question 3 posed by Japan. 
21. Please describe in detail the manner in which the protection is provided test data 
regarding pharmaceutical and agriculture chemical  products submitted to the government in 
order to obtain marketing approval in Lithuania and cite to the relevant provisions of law. 
 See replies to questions 3 and 4 posed by Japan. 
22. Are other applicants for a marketing approval  for their own versions of a previously 
approved pharmaceutical and agriculture chemic al products permitted to rely on data 
submitted by the earlier applicant. If so, how lo ng a period of exclusivity is given the earlier 
applicant before such rel iance becomes possible. 
 See replies to questions 3 and 4 posed by Japan. I. E
NFORCEMENT  
23. Please describe in detail the manner in whic h the laws of Lithuania provide for effective 
action against infringement of intellectual prop erty rights as required by Article 41.1 of the 
TRIPS Agreement.   
 Article 64 of the Law on Copyright and Related Rights precisely describe what acts are 
deemed as the infringement of copyright and related rights: 
(1) use of a work or a object of related ri ghts (including the publication, reproduction, 
public performance, broadcasting and re transmission or communication to the 
public), distribution and import thereof without the licence of the author or owner of copyright and related rights (without the conclusion of an agreement, or upon violation of its terms and conditions); 
(2) import, export, distribution, transporta tion or keeping for commercial advantage of 
infringing copies of works and objects of related rights; 
(3) refusal to pay remuneration provided fo r by this Law or copyright agreements; 
(4) removal of any technological measures th at are used by owners of copyright and 
related rights in connection with the exercise or protection of the rights provided for in this Law, as well as the offering to do so, and the manufacture, import, 
transportation, keeping for the purpose of di stribution and distribution of appropriate 
devices specifically designed or adapted to circumvent those technological protective measures; 
(5) removal or alteration of the information regarding the management of copyright or 
related rights without authorization of author s or owners of related rights, as well as 
distribution, import, broadcasting, communi cation to the public or making available 
to the public of works, fixations of performances,  phonograms or copies thereof, IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 60 
 
 
where this is done without authorization af ter the removal or alteration of the rights 
management information; 
(6) infringement of the moral rights of an author or a performer; (7) infringement of other provisions of this Law. 
 As it was explained above in reply to question 5 posed by Japan and in Lithuania's reply to 
question 5 of the Checklist of Issues on Enforcem ent of 23 October 2001 (document IP/N/6/LTU/1), 
Law on Copyright and Related Rights, Patent La w, Law on Industrial Design, Law on Trademarks 
establish relevant remedies for IPR infringement; ci vil, administrative and criminal liability for the 
infringements of copyright and related rights shall be  applied in accordance with  the Civil Code, Code 
of Administrative Infringements and Criminal Code. 
 Also customs procedures according to the Law on the Protection of Intellectual Property in 
the Field of Import and Export of Goods are applied to infringing copies of works, computer programs, fixations of audiovisual works (films)  and phonograms imported into Lithuania (for more 
information see Lithuania's replies to questions 15 and 19 of the Checklist of Issues on Enforcement 
of 23 October 2001 (document IP/N/6/LTU/1)). 
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order 
production of evidence necessary to substantiate  a party's claims where that party has been 
unable to obtain such evidence from the opposi ng party. Please describe how the laws or 
regulations of Lithuania provide this authorization, citing to the relevant provisions of laws or regulation. 
 Each party may request the opposing party or a third party, not a party in the procedure, to 
submit evidences which are in its possession. According to Code of Civil Procedure (Articles 75, 76, 82, 83) court has right to demand material, written ev idences, which lies in the control of the party.  
The court is entitle impose the fine if party doesn't  exercise this demand within a reasonable period.  
25. Please describe in detail the all of the civil remedies that are available to right holders 
under the laws of Lithuania, citing to the relevant provisions of law or regulation.  
 See reply to question 5 posed by Japan and Lithuania's reply to question 5 of the Checklist of 
Issues on Enforcement of 23 October 2001 (document IP/N/6/LTU/1). 
26. Please describe in detail the provisional  procedures and remedies available to right 
holders under the law of Lithuania, citing to th e relevant provisions of law and regulation, and 
indicate any conditions under which a right holder may avail itself of those procedures and 
remedies. 
 According to the Civil Procedure Code (Articl es 155 and 156), the court or the judge upon the 
request of the party or at his own discretion may order such provisional measures: 
(a) property or cash equivalent of the  de fendant can be taken into custody; 
(b) defendant can be prohibited to carry out certain activities; 
(c) other persons may be prevented from passi ng property or fulfilling other duties and 
obligations to the defendant;  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 61 
 
 
(d) sale of property can be suspended, if a clai m is submitted to cancel arrest of that 
property. 
 Court may use several provisional measures simultaneously.  Besides, Article 69 of the Law on Copyright and Related Rights provides such provisional 
measures: 
(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. 
 Article 155(2) of the Civil Procedure Code states that in case provided by the Civil Code and 
other laws in accordance with motivated written requ est by the concerned party, temporal measures 
can be enforced both without submitting a claim and in  any stage of the civil procedure. If the court 
enforces provisional measures by the date of submission of the claim to the court then the court has to 
set the term during which the claim has to be submitted. This term may not exceed 14 days. Prior the date of submission of the claim a person applying for the enforcement of pr ovisional 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 propr ietary 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 owne r 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 a nd without calling it to the court hearing. 
 For civil remedies see reply to question 5 posed  by Japan and Lithuania's reply to question 5 
of the Checklist of Issues on Enforcement of 23 October 2001 (document IP/N/6/LTU/1). 
J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES  
27. Please describe in detail the procedures und er the laws of Lithuania that provide for 
border enforcement at least for trademark counter feiting and copyright piracy, identifying the 
competent authority and citing to the relevant provisions of law or regulation. 
 According to Article 6 of the Law on the Protection of Intellectual Property in the Field of 
Import and Export of Goods in order to apply the border measures for the protection of intellectual 
property rights the holder of the rights shall l odge a corresponding application in writing with the 
Customs Department under the Ministry of Finan ce (the central administration of Lithuanian 
Customs). 
 The form of application for action to be take n by the customs authorities is established by the 
Customs Department. According to Article 7 of  the Law this application shall contain/be 
accompanied by: IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 62 
 
 
- a detailed description of the goods (includi ng 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 th e 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 impor t or export the goods in question (if such 
persons are known to the applicant). 
The application shall be lodged with the followi ng proof that the applicant is the holder of 
intellectual rights for the goods in questi on or his representative attached thereto: 
- certificate of registration of a trade mark or an extract from the Register of Trade 
Marks of the Republic of Lithuania if the person is the rights holder of a registered 
trade mark; 
- an effective court decision to recognise the mark as well-known in the Republic of 
Lithuania  if the person is the rights 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 th e 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 license contract and appropriate evidence if the person possesses a licence for the 
use of a trade mark, well-known mark, patented  invention or industrial design, a work 
or an object of related rights; 
- the proof referred to above and the docum ent of authorization 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 appli cation 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 app lication 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 cons ignment or packages, the scheduled time 
(date) of arrival or dispatch of the goods, the means of transport which are or could be  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 63 
 
 
used for carrying the goods, also the iden tity of the producer, importer, exporter or 
holder of the goods. 
 The applicant must also specify in the appli cation 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 af ter 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. 
 According to Article 9 of the Law where a d ecision is taken by the Customs Department to 
grant the application, the maximum 1-year time limi t of action by the customs authorities with respect 
to the carried goods suspected of infringing the appli cant's rights shall be indicated in the decision. 
The time limit may be extended upon the applicant' s request, however, for not longer than 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. 
 Article 14 of the Law stipulates that where th e customs office detains the goods suspected as 
being infringing intellectual property rights it shal l promptly inform the applicant, the Customs 
Department, the declarant or, in  certain cases, the person who brought the goods into the customs 
territory of Lithuania and the Tax Police Departme nt, which is designated by the Government as the 
authority responsible for the protection of intellectual property rights in Lithuania. 
 The period of detention of goods and measures to be applied in conn ection with detained 
goods are established in Article 16 of the Law. If, within a period of 10 working days after the 
applicant has been notified of the detention, the do cument evidencing the application to court by the 
holder of intellectual property rights or his represe ntative 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 pe riod of detention of goods the customs authorities, 
having received a written request from the holder of in tellectual property rights or his representative, 
may extend the time limit by a maximum of 10 working days. 
 If the customs authorities is submitted, with in the time period of detention of goods, a 
document evidencing the institution of legal proceedi ngs by the holder of intellectual property rights 
or his representative, the period of detention of th e goods shall be extended pending the issuing of the 
court order on the imposition of interim measur es or the taking of a substantive decision. 
 According to Article 10 of the Law after dete ntion of the goods the customs office, which 
have taken this action, may require the applicant,  after his application has been granted by the 
Customs Department, to provide, within a 3-day peri od 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 ac tion 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 a ppears 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; IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 64 
 
 
- 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 established by the Customs 
Department, which is authorised to est ablish 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 wh ich action is taken by the customs authorities 
does not exceed the amount fixed by the Cust oms Department, which is authorised to 
fix this amount by the Government. 
 According to Article 16 of the Law on suspic ion 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 good s 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 interim measures; 
- all the requirements laid down by legi slation 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 th e 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 G overnment, 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. 
 According to Article 14 of the Law having de tained 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 informati on on the detained goods and their quantity. The 
customs authorities shall provide the above informat ion in compliance with the laws and other legal 
acts regulating the protection of personal data , state, official and commercial secrets.  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 65 
 
  Having regard to the conditions of customs control of the goods, the customs office which 
detained the goods shall afford the applicant and th e persons having the right to dispose of the goods 
the opportunity to inspect the goods and take samples thereof. 
 According to Article 18 of the Law if the goods detained by the customs authorities are 
recognised by the court decision to be infringing an  intellectual property rights 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 na mes 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 cons ignee) or exported by the exporter (dispatched by 
the consignor). 
28. Please indicate if border enforcement is availa ble to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law. 
 According to the Law on the Protection of In tellectual Property in the Field of Import and 
Export of Goods it is possible to apply for the suspension by the Customs authorities not only when 
infringements of trademarks and copyrights are susp ected but also in the cases when infringements of 
the rights of owner of the industrial design or pate nt are suspected. The pro cedures applied in all cases 
are as described in reply to question 27 provided above. 
 According to Article 17 of the Law the cour t, having recognised the goods detained by the 
customs authorities as infringing an intellectual pr operty right and taking into consideration the 
requests of the holder of intellectual property righ ts 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 wa y 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 othe r 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 a pply similar measures), which effectively 
deprive the persons concerned with unlaw ful delivery of detained goods of the 
economic benefits of the transaction. If the goods are transferred not to the holder of 
intellectual property rights or his representativ e, 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 authorization; 
- to destroy the goods at the defendant's expense. 
29. Article 58 of the TRIPS Agreement speci fies procedures to be followed where the 
competent authorities can act ex officio. Plea se explain whether the competent authorities in 
Lithuania are empowered to act ex officio and, if so, please identify the intellectual property 
areas subject to ex officio action. 
 According to Article 12 of the Law on the Prot ection of Intellectual Property in the Field of 
Import and Export of Goods where, in the course of controls carried out, it appears evident to the customs authorities that goods are infringing intellect ual property rights, whereas the application for 
action to be taken by the customs authorities has not  yet been lodged or the Customs Department has 
not yet made a decision to grant the application, the holder of intellectual property rights or his IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 66 
 
 representative, if known, shall be promptly inform ed of the possible infringement of his rights to 
enable the person to lodge, within 3 working days  from his notification, an application with the 
Customs Department. 
 In the cases of detention of goods by the cust oms authorities acting ex officio, goods shall be 
detained for a period of up to 3 working days from the date of notification of the holder of intellectual 
property rights or his representative. Within the sai d 3-day period the person may lodge an application 
with the Customs Department. In th is case the time period established for the detention of goods shall 
run from the date of receipt by the Customs Departme nt of the application by the holder of intellectual 
property rights or his representative. The declaran t and the Tax Police Department shall also be 
notified of detention of the goods by the customs authorities acting ex officio. 
 All intellectual property areas, which are with in the scope of the Law on the Protection of 
Intellectual Property in the Field of Import and Ex port of Goods (see reply to question 28 provided 
above), are subject to ex officio action. 
K. C
RIMINAL PROCEDURES  
30. Please describe in detail how the laws of Lithuania implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of willful 
trademark counterfeiting and copyright infringement s on a commercial scale. Please cite to the 
relevant provisions of law and regulation.  
 See reply to question 5 posed by Japan and Lithuania's reply to question 24 of the Checklist 
of Issues on Enforcement of 23 October 2001 (document IP/N/6/LTU/1). 
31. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offense. Please describe the provisions in the laws of 
Lithuania that provide for such remedies, and describe the circumstances in which those 
remedies would be imposed, citing to the rel evant provisions of law or regulation.  
 According to Article 65 (7) of the Law on C opyright and Related Rights with the aim of 
protecting their rights, owners of copyright and related rights shall be  entitled to appeal to court in 
accordance with the procedure prescrib ed by law, which may make a decision relative to 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. 
 The seizure infringing copies of works, fixations  of audiovisual works or phonograms, as well 
as technical devices and equipment used for repro duction thereof, and appropriate documents is 
provided in Article 69(3) of the Law on Copyri ght and Related Rights as a provisional measure.  
 According to Article 214
 of the Code of Administrative Infringements seizure infringing 
copies of works and equipment used for reproduction thereof is an additional administrative sanctions 
for copyright violations. Appropriate procedures ar e set by the (Articles 26 and 269) of the Code of 
Administrative Infringements. 
 According to Article 35 of the Criminal Code  confiscation  of property is an additional penalty 
mandatory imposed by court for the commission of the  illegal reproduction of a lite rary, scientific or 
artistic work, audiovisual work or a phonogram, importing, exporting, distributing, carrying or  IP/Q/LTU/1, IP/Q2/LTU/1,  
 IP/Q3/LTU/1, IP/Q4/LTU/1  Page 67 
 
 possessing infringing copies  (Article 142 of the Criminal Code) .  Appropriate procedure are set by the 
(Article 93) of the Code of Criminal Procedure. 
32. Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of willful infringement of ot her forms of intellectual property. Please describe 
any provisions of the laws of Lithuania that provi de for such procedures and remedies, citing to 
the relevant provisions of law or regulation. 
 The criminal procedures and penalties are fully  explained in reply to question 5 posed by 
Japan and reply to question 24 of Lithuania's Check list of Issues on Enforcement of 23 October 2001 
(IP/N/6/LTU/1), and in criminal matters the princi ple of "nullum crimen, nulla poena sine lege" (no 
offence no penalty without a law regulating them). 
L. S
TATISTICAL QUESTIONS  
33. Please provide statistical information related to civil copyrights, trademark, 
geographical indications, industrial design, pate nt, integrated-circuit layout design, and trade 
secret enforcement for 2000, including the number of cased filed: injunctions issued; infringing 
products seized, infringing equipment seized; ca ses resolved (including settlements); and the 
amount of damages awarded. 
 Thirty-nine (39) proceedings with regard to industrial property were instituted in year 2000 
(including 10 cases with judgements passed upon hearing,  6 claims partially or fully satisfied, 12 bills 
ignored). The majority (30) of the cases were related to trademarks. 
 The analysis of the statistics related to cases w ith regard to industrial property heard by the 
Supreme Court shows that the number of such ci vil cases also increases every year. For example, 
while in 1997-1999 the Supreme Court heard 6 cases (two cases per year), 10 cases like that were heard in 2000 alone. In summary, only 3-4 per cent of judgements of courts of the first instance and 10 per cent of judgements of district courts acting as courts of the first instance were appealed in the 
appeal procedure while judgements ma de in cases with regard to industr ial property were appealed to 
the extent of 90 per cent. 
 It should be mentioned, however, that only a small percentage of disputes with regard to 
registration of trademarks are taken to courts. Ther e is no specialised court for settlement of disputes 
with regard to industrial property in Lithuania, therefore settlement of disputes by the pre-trial 
institution of dispute settlement, i.e. the Division of  Appeals of the State Patent Bureau, serves this 
purpose. The statistics of appeals and oppositions file d with the Division of Appeals also evidence the 
increase in the number of disputes with regard to  rights to industrial property objects: 261 oppositions 
and appeals were filed in 1999, while in 2000 even  343 oppositions and appeals were filed. Since 
1994 the Division of Appeals has made 244 decisions. 
 Now that the Law on the Protection of Intellectual Property in the Field of Import and Export 
of Goods, which is considered to serve as legal basis for most customs act ivities in the area of 
intellectual property protection, is adopted, owners of intellectual property have all necessary legal 
means to protect their interests. For example, acco rding to the Law, owner of a trademark can request 
Customs Department to apply custom supervision means to certain trademark. In that case Customs 
Department will detain all the goods related to sp ecified trademark, which are being imported by a 
company, not specified by intellectual property ow ner as a company, having rights to import such 
goods. Customs Department can also detain goods w ithout request of industrial property owner, if 
those goods seem to be suspicious. As of 1 Janua ry 2001, there were 10 requests to apply custom 
supervision means. Customs officers seized the sh ipments 24 times. 2 times the goods were destroyed 
by the request of importer. 14 cases were proceeded to courts. For example, the owner of NIKE IP/Q/LTU/1, IP/Q2/LTU/1,  
IP/Q3/LTU/1, IP/Q4/LTU/1 Page 68 
 
 trademark has won 9 cases on counterfeited goods (the re were 3 decisions to export goods back, 3 
decisions to destroy goods and 3 decisions to eliminate the trademark from the goods).  
 However, the attention should be paid to the fact that very often owners of trademarks 
themselves ignore laws designed to protect their in terests, and do not submit requests to the Customs 
Department, which would enable Cu stoms officers to monitor goods related to certain trademark. 
 Under Article 58(4) of the Lithuanian La w on Copyright and Related Rights, Collective 
Administration Associations (the Agency of Lith uanian Copyright Protection Association (LATGA-
A), International Confederation of Societies of Au thors and Composers (CISAC), Agency of Related 
Rights Association (AGATA), InfoBalt Copyright Ag ency) are entitled to defend the rights of owners 
of copyright and related rights and represent without  any special authorization in court and other 
institutions.  
 In order to illustrate that Lithuanian legisla tion on the protection of intellectual property rights 
really works, allow us to provide you with some  more numbers: 175 physi cal and legal entities were 
punished under Article 214 (infringements of copyri ght and related rights) of Administrative Law 
Infringements Code in a year of 2000, and up to date the statistical record of this year yields a number 
of 91 physical and legal entities punished under th e same article. 13 crimes were disclosed under 
different articles of Criminal Code over the year 2000, and in 2001 there are 10 crimes disclosed up to 
date. About 20 000 of infringing goods (computer programs, sound and video recordings) were seized 
in 2000, about 40 000 in 2001, and about 35 000 infringing goods were destroyed in 2001. 
34. Please provide statistical information relat ed to criminal enforcement in the area of 
copyright piracy and trademarks infringeme nt for 2000, including the number raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright and trademark counterfeiting. 
 In the criminal sector  territorial public prosecutor's offi ces initiated 20 criminal cases 
concerning copyright and related rights infringements in 2000. 
 Tax Police Department initiated 16 criminal case s under Article 142 of Criminal Code (Illegal 
Reproduction of a Literary, Scientific or Ar tistic Work, Audiovisual Work or a Phonogram, 
Importing, Exporting, Distribution, Transportati on or Keeping of Infringing Copies) in 2001. 
 
__________ 
 