Disclaimer: The English language text below is provided by the Translation and Terminology Centre for
information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the
legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine
pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in
its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g.
chairperson.
Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)
Republic of Latvia
Cabinet
Regulation No. 325
24 July 2001
Procedures for the Performance of Customs Control Measures for the
Protection of Intellectual Property
Issued pursuant to Section 114,
Paragraph three of the Customs Law
I. General Provisions
1. These Regulations prescribe the procedures by which customs control measures are to be
performed to protect intellectual property, by prohibiting the release for free circulation,
exportation, re-exportation, customs warehousing, inward processing, processing under customs
control, temporary importation, temporary exportation, re-importation, importation to a tax-free
shop, exportation for processing, transit and abandonment for the benefit of the State, of
counterfeit and pirated goods.
2. If there is cause for suspicion that the relevant goods are counterfeit and pirated goods, the
release of such for free circulation, exportation, re-exportation, customs warehousing, inward
processing, processing under customs control, temporary exportation, re-importation,
importation to a tax-free shop, exportation for processing, transit and abandonment for the
benefit of the State shall be discontinued until the measures referred to in Paragraphs 19, 20, 21,
22 and 24 of these Regulations have been implemented.
3. These Regulations do not apply to non-commercial goods that are in the personal luggage of
natural persons and do not exceed the quantity specified with respect to tax relief.
II. Application to a Customs Authority and Examination thereof
4. In order to enforce and protect his or her rights, the holder of copyright, neighbouring rights,
trademarks or designs protected in Latvia, or his or her authorised person (hereinafter – holder of
rights), shall submit to the Central Customs Board of the State Revenue Service (hereinafter –
Central Customs Board) a written application regarding counterfeit and pirated goods
(hereinafter – application).
Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 2
5. Information indicated in the application shall be the following:
5.1. a detailed description of the original goods and the suspected counterfeit or pirated
goods, so as to enable the customs authority to identify such;
5.2. the time period within which the holder of rights shall request the customs authority
in which counterfeit and pirated goods are located or might be imported, to take relevant
measures; and
5.3. the actual or suspected location of counterfeit and pirated goods (if it is known), or
the territorial customs authority in the territory of which counterfeit and pirated goods are
located or might be imported.
6. An application shall be accompanied by proof that the applicant is the holder of rights of the
relevant goods:
6.1. if the holder of rights submits the application, the following shall be deemed to be
proof:
6.1.1. with respect to registered rights or such rights regarding which a
registration application has been submitted, – a proof of registration or submission of an
application;
6.1.2. with respect to copyright, neighbouring rights, rights of a design work that
is not registered or not submitted for registration, – any proof confirming the status of the
holder of rights;
6.2. if the application is submitted by another person who has the right to the relevant
intellectual property, in addition to the proof referred to in Sub-paragraph 6.1 of these
Regulations, a document confirming the right of such person to the relevant intellectual property
shall be submitted; and
6.3. if the application is submitted by a representative of the holder of rights or a
representative of a person who has the right to utilise the relevant intellectual property, in
addition to the proof referred to in Sub-paragraphs 6.1 and 6.2 of these Regulations, a document
confirming the right of such person to dispose the relevant intellectual property shall be
submitted.
7. The application may be a once-only or with a specified term of validity.
8. The holder of rights shall also submit to the Central Customs Board, in accordance with the
procedures determined by the State Revenue Service, any other information known to him or her
that is necessary for the taking of a decision.
9. After examination of the application, the Central Customs Board shall notify, in writing, the
holder of rights or another person who has the right to utilise the relevant intellectual property,
regarding the decision.
10. If the Central Customs Board finds the application unsubstantiated, it shall indicate the
reasons for refusal to the applicant in writing. The holder of rights has the right to appeal the
decision of the Central Customs Board in accordance with the procedures set out in regulatory
enactments.
Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 3
11. If the Central Customs Board finds an application to be substantiated, it shall specify a time
period within which the necessary customs control measures shall be taken. The Customs Board
may extend such time period on the basis of an application of the holder of rights.
12. If there is cause for suspicion that the goods are counterfeit or pirated goods, the Central
Customs Board shall, without delay, forward the decision by which the application has been
recognised as substantiated, to the customs authority responsible for the disposal of such goods,
as well as notify it of the time period within which customs control measures shall be taken.
13. The holder of rights whose application has been accepted shall notify the Central Customs
Board without delay if his or her rights have ceased with respect to the relevant intellectual
property.
14. If, on the basis of an application, customs control measures have been taken, and it is
determined that the relevant goods are not counterfeit or pirated goods, the holder of rights
whose provided information has been used to identify the goods, shall cover the following
expenses:
14.1. expenses of the persons who have incurred losses as a result of the measures taken
by the customs authority; and
14.2. expenses incurred while storing such goods under customs control.
15. If a holder of rights has not submitted an application or it has been acknowledged as
unsubstantiated, but the customs authority, when subjecting the goods to the customs procedures
referred to in Paragraph 1 of these Regulations, has cause for suspicion that the goods are
counterfeit or pirated goods, the customs authority shall notify without delay the Central
Customs Board of the alleged infringement of rights. The Central Customs Board shall notify
without delay the holder of rights (if such is known) or another person (if such is known) who
has the right of utilisation of the relevant intellectual property.
16. In the case referred to in Paragraph 15 of these Regulations, the customs authority is entitled
to terminate the release of goods for free circulation and, after notifying the Central Customs
Board, keep the goods for temporary storage under customs control for a time period not
exceeding 10 working days, so that the holder of rights may submit an application.
17. If the holder of rights has not submitted an application within the time period set out in
Paragraph 16 of these Regulations, the State Revenue Service shall act in conformity with the
requirements prescribed by regulatory enactments and take a decision with respect to the goods
regarding which there is cause for suspicion that they may be counterfeit of pirated goods.
18. In accordance with the powers vested in them by regulatory enactments with respect to
actions with counterfeit and pirated goods, customs authorities or other competent institutions
shall not be liable for the losses or damage caused due to such activities.
Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 4
III. Customs Control Measures
19. The customs authority to which the decision of the Central Customs Board has been
forwarded in accordance with Paragraph 12 of these Regulations, shall determine, together with
the holder of rights, whether the goods conform to the description of the counterfeit or pirated
goods referred to in the decision. If the goods conform to the description, the customs authority
shall draw up a statement, in accordance with the procedures determined by the State Revenue
Service, regarding conformity of the goods to the description of counterfeit or pirated goods. The
statement shall be signed by the holder of rights and the responsible official of the customs
authority. The customs authority shall terminate release of such goods and shall act in
accordance with the procedures set out in regulatory enactments.
20. The customs authority shall inform, without delay, but not later than within two working
days, the Central Customs Board, the declarant of the goods and the holder of rights regarding its
actions.
21. At the request of the holder of rights, the customs authority or the Central Customs Board
shall provide him or her, in compliance with the requirements set out in regulatory enactments,
with information regarding the given name, surname, personal identification number and address
of the place of residence of the declarant of the goods and the recipient of the goods, or the
name, registration number and legal address of the undertaking (company). At the request of the
holder of rights, the Central Customs Board shall also provide him or her with information
regarding the given name, surname, personal identification number and address of the place of
residence of the manufacturer of the counterfeit and pirated goods and the consignor of the
goods, or the name, registration number, legal address of the undertaking (company) and the
quantity of the goods (if such information is known).
22. The customs authority shall give the holder of rights and the persons who have applied for
customs procedures for the goods, an opportunity to inspect the goods the release of which is
terminated.
23. During the inspection of goods the customs authority shall be entitled to take samples. If
necessary, the samples shall be sent to the holder of rights for the provision of an opinion.
24. The holder of rights shall provide the opinion, within 10 days from receipt of the samples of
goods, to the customs authority referred to in Paragraph 19 of these Regulations. If the holder of
rights cannot, due to substantiated reasons, provide an opinion within the time period referred to,
he or she may request extension of the time period by 10 working days. After the end of such
time period, the goods shall be released on condition that all customs formalities have been
completed.
IV. Closing Provision
25. Cabinet Regulation No. 43 of 9 February 1999, Regulations on the Customs Control
Measures for the Protection of Intellectual Property, is repealed (Latvijas Vēstnesis, 1999, No.
41/42).
Translation © 2001 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) 5
These Regulations shall come into force on 28 July 2001.
Prime Minister A.Bērziņš
Minister for Finance G.Bērziņš