Intellectual property encompasses rights as defined in the provisions of the Convention Establishing the World Intellectual Property Organization (WIPO). Where there are grounds for suspicion, customs may detain goods from third countries pending a determination of whether the goods are counterfeit, pirated or produced in infringement of intellectual property rights.
What is intellectual property (as defined by WIPO)
Under the provisions of the Convention Establishing the World Intellectual Property Organization (WIPO), intellectual property encompasses rights relating to: literary, artistic and scientific works; performances of performing artists, phonograms, and broadcasts; inventions in all fields of human endeavour; scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection against unfair competition; and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
Proper legal protection of intellectual property and its enforcement is a prerequisite for stimulating the creative processes of intellectual property.
What EU legal basis applies to customs controls
Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights, which repealed Council Regulation (EC) No 1383/2003 and entered into force on 1 January 2014, established the basis for broader protection of intellectual property rights through customs supervision measures.
This protection was extended beyond the intellectual property of trademark, design and patent holders and holders of copyright and related rights, to cover also the rights of holders of designations of origin, geographical indications, topographies of semiconductor products, trade names, plant variety rights and supplementary protection certificates.
Objectives of Lithuanian customs and cooperation
One of the most important objectives of Lithuanian customs in combating intellectual property rights infringements is to raise public awareness and explain to consumers and business representatives the harm that such infringements cause – not only to rights holders, but also to the state budget, to legitimate businesses and to consumers – to highlight how demand for counterfeit goods drives their production, and to note that proceeds from illegal goods support organised crime.
In order to improve the effectiveness of the fight against producers and carriers of illegal goods, Lithuanian customs cooperates with customs administrations of EU Member States, international organisations, Lithuanian law enforcement authorities, and holders of intellectual property rights and their representatives.
Commission notice on goods in transit
On 5 July 2016, a Commission notice on customs enforcement of intellectual property rights with regard to goods brought into the customs territory of the Union without being released for free circulation, including goods in transit, was published.
When customs may detain goods
When goods are being imported from third countries, customs may detain them where there are grounds for suspicion, pending a determination of whether the suspect goods are in fact counterfeit, pirated or produced in infringement of intellectual property rights.
Where to check registrations (databases)
The following databases can be used to check whether a particular intellectual property right is registered and to find all other additional information.
Addresses of trademark and design registration databases:
- Trademark database of the Republic of Lithuania (State Patent Bureau) → https://search.vpb.lt/pdb/trademark/search-form?lang=lt
- European Union Intellectual Property Office (EUIPO) → https://euipo.europa.eu/eSearch/
- Common databases:
- Trademarks → https://www.tmdn.org/tmview/
- Designs → https://www.tmdn.org/tmdsview-web/
Legal basis
- Convention Establishing the World Intellectual Property Organization (WIPO) (defining "intellectual property"): https://www.wipo.int/edocs/pubdocs/en/wipo_pub_250.pdf
- Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights: https://eur-lex.europa.eu/LT/legal-content/summary/intellectual-property-rights-customs-enforcement.html
- Commission Notice (2016/C 244/03) on customs enforcement of intellectual property rights with regard to goods brought into the customs territory of the Union without being released for free circulation, including goods in transit: https://eur-lex.europa.eu/legal-content/LT/TXT/PDF/?uri=CELEX:52016XC0705%2802%29
- State Patent Bureau of the Republic of Lithuania – Trademark search: https://vpb.lrv.lt/lt/veiklos-sritys/prekiu-zenklai/prekiu-zenklu-paieska/