An Act entitled “Estonia’s Prevention of Import and Export of Goods Infringing Intellectual Property Rights Act” entered into force in Estonia on September 1, 2001. The Act is modeled after similar European Union anti-piracy/counterfeit legislation, such as Council Regulation 3295/94 (1994), discussed in our Information Letter N.S. 182 and our April 1995 Newsletter (N.S. 185), and is intended to regulate the prevention of importation and exportation of goods infringing intellectual property rights in the course of Customs control.

The Act sets forth definitions and streamlined procedures for taking action against infringements. Specific mechanisms include an application, valid for up to two years, by which the intellectual property right holder, before or after seizure, may provide a description of the protected goods as well as any information concerning possible counterfeit goods entering the jurisdiction. The Act also outlines the type of evidence needed by Customs authorities in determining if goods should be seized/destroyed and/or whether fines should be imposed. There is no requirement to post a bond or letter of credit with the application. However, the infringing party is responsible for the costs connected with storage and transport of the infringing goods. If the goods are not deemed infringing, the intellectual property holder may be held responsible for such costs. There are also special provisions whereby seized infringing clothing and footwear may be donated to selected medical care and welfare state agencies.

The Act amends various aspects of Estonian law, including those related to the areas of trademarks and copyrights as well as to tax, criminal and administrative law.