official translation                              
                                                                                
                      REPUBLIC OF LITHUANIA                                     
                               LAW                                              
                      ON INDUSTRIAL DESIGN                                      
                                                                                
                    July 4, 1995. No. I-1006                                    
                             Vilnius                                            
                                                                                
                  CHAPTER I. GENERAL PROVISIONS                                 
                                                                                
     Article 1. Objective of the Law                                            
     This law  shall establish  the procedure  for  registration,               
legal protection and use of an industrial design.                               
     An industrial design shall acquire legal protection upon the               
registration with  the State  Patent Bureau  of the  Republic  of               
Lithuania.                                                                      
                                                                                
            CHAPTER II. DEFINITION AND PROTECTION OF                            
                      AN INDUSTRIAL DESIGN                                      
                                                                                
     Article 2. Definition  of an Industrial Design                             
     Industrial design  shall be  the aesthetic appearance of the               
whole product  or a  part of  it,  composed  of  specific  lines,               
contours, colours, forms and (or) materials.                                    
     A product  shall be  an object  manufactured industrially or               
handicraft, or  its separate  parts, as  well as  assortments  of               
objects  or   compositions,  packaging,   graphic   symbols   and               
typographic typefaces.                                                          
     An industrial  design must  be new  and must have individual               
characters and  be not  contradictory to the principles of public               
morality.                                                                       
                                                                                
     Article 3.  Novelty                                                        
     An industrial  design shall  be new, if up to  the filing of               
an application  or priority  dates, it  shall not be identical to               
another disclosed  to  the  public  and  familiar  in  Lithuania,               
product.                                                                        
     An industrial  design shall be publicly accessible or known,               
if it  had been  published in  the Official Bulletin of the State               
Patent Bureau Bulletin, exhibited at an exhibition, submitted for               
marketing or demonstrated to the public in another way.                         
     Novelty of  an industrial  design shall  not be disturbed by               
dissemination of  information about  it, if  this information has               
been disseminated  within a  period of   six  months prior to the               
filing date  of an  application, or  the priority date and if the               
information has been disseminated by:                                           
     1) the author himself or his successor in title, who had the               
right to acquire the right to an industrial design; and                         
     2)  another  person  wishing  to  harm  the  author  or  his               
successor.                                                                      
                                                                                
     Article 4. Individual Characters                                           
      An industrial design shall possess individual character, if               
an informed  user is  able to differentiate one industrial design               
on the  basis of  its general appearance, from another industrial               
design:                                                                         
     1) submitted to the market of the Republic of Lithuania; and               
     2) registered  with the State Patent Bureau and published in               
the procedure established by this law and having validity period,               
not yet expired.                                                                
                                                                                
     Article 5.  Rights Conferred by a Registration                             
     Without the  consent of  the holder  of  a  design,  another               
person shall be prohibited from the following:                                  
                                                                                
     1) to  manufacture a  product, or  a part thereof, which has               
been registered as an industrial design; and                                    
     2) to  offer to  import or  export, as well as to accumulate               
for market,  products or  the  parts  thereof,  which  have  been               
registered as industrial designs.                                               
     The actions  enumerated in  the first  part of  this article               
shall not  be deemed  in violation  of industrial  design owner's               
rights, if:                                                                     
     1) they  shall be  carried on in order to meet own needs and               
shall not  contradict the  economic interests  of the holder of a               
design;                                                                         
       2)  they shall  be carried  on for  science or  scientific               
investigation and experimentation purposes; and                                 
     3) industrial  design shall be used on board of the vessels,               
aircrafts  or   other  transport   means  registered  in  foreign               
countries, and their equipment and imported spare parts and other               
necessities, intended  for repairs of these transportation means,               
while these  vessels, aircraft  and  other  transport  means  are               
temporarily situated  within the  territory of  the  Republic  of               
Lithuania.                                                                      
                                                                                
     Article 6. Right of Prior Use                                              
     Natural and  legal persons,  who were  legally using or were               
making effective  or serious  preparations  for  the  use  of  an               
industrial design  before the  filing date  of an application for               
issuing of  an industrial  design certificate, or, where priority               
is claimed,  the priority  date of  an application,  may continue               
such use  or to  use the  industrial design  as envisaged in such               
preparations without  taking into  consideration the  will of the               
owner of the industrial design.                                                 
     The right of prior use may only be transferred together with               
the enterprise or activities, or with that part of the enterprise               
or activities  in which  the  use  of  an  industrial  design  or               
preparations for such use have been made.                                       
                                                                                
     Article 7. The Term of Validity of a Registered                            
               Industrial Design                                                
     Industrial design protection shall be valid for 5 years from               
the filing date of an application.                                              
     The term of validity of an industrial design may in addition               
be extended  four times,  for 5-year periods, for up to 25 years,               
counting from the date of filling the application.                              
     The renewal  of the term of validity of the protection of an               
industrial design shall be subjected to the following conditions:               
     1) the  filing of  a request  for renewal  of  the  term  of               
validity within  the last  six months  of  the  validity  of  the               
industrial design; and                                                          
     2) the payment of the fee for the next 5-year period.                      
     A request  for renewal  may be  filed up to six months after               
the end  of the  term specified  in item 1 of Paragraph 2 of this               
Article, upon payment of a 50 per cent higher fee.                              
                                                                                
     Article 8. The Right  to the Protection of an                              
               Industrial Design                                                
     The owner of an industrial design or his successor in title,               
shall hold exclusive right to it. Joint owners, unless they agree               
otherwise, shall have equal rights to an industrial design.                     
                                                                                
     Article 9. Service Inventions                                              
     The right of ownership to an industrial design created by an               
employee during  the execution  of  a commission or an employment               
contract shall  belong to the employer if this is provided for in               
the contract made by an employer and employee.                                  
     The employer  shall be  obligated to  pay to the employee an               
equitable remuneration,  the amount  of which  is provided for in               
the contract  made by  an  employer  and  employee,  taking  into               
account the  economic value  of the  industrial  design  and  any               
benefit derived  by the  employer from  the  utilisation  of  the               
industrial design.                                                              
                                                                                
     Article 10. Mention of Author's Name                                       
     An industrial design application must contain mention of the               
name of the author or authors.                                                  
     The State  Patent Bureau,  in publishing data concerning the               
registration of  an industrial  design, must mention the names of               
the author or authors.                                                          
     In the  event an  author files  a declaration with the State               
Patent Bureau  requesting not  to mention  his  name,  the  State               
Patent Bureau shall not mention it.                                             
                                                                                
         CHAPTER III. REGISTRATION OF INDUSTRIAL DESIGN                         
                                                                                
     Article 11. Filing of an Application                                       
     A person,  wishing to  register an  industrial design, shall               
file an application with the State Patent Bureau.                               
     A representative  of the  applicant may file the application               
on his  behalf. Foreign  legal and  natural  persons  shall  file               
applications with  the State  Patent  Bureau,  through  a  patent               
attorney of the Lithuanian Republic.                                            
     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   Classification.   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.                 
                                                                                
     Article 13. Granting the Filing Date                                       
     Filing date for application of an industrial design 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  applicant has  failed to  file one of the               
documents 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 priority to               
one or  more earlier applications to register the same industrial               
design within the state, 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  within 6  months from  the  first  application  or               
application filing date.                                                        
                                                                                
     The application  may contain  a  request  to  recognise  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  provisions  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               
application in  the Republic of Lithuania or within 3 months from               
the filing date.                                                                
     Upon determining  that the  requirements of  Paragraph 3  of               
this Article are not complied with, the State Patent Bureau shall               
regard the  applications specified  in Paragraphs 1 and 2 of this               
Article as not have been filed.                                                 
                                                                                
     Article 15. Examination of Industrial Design                               
               Application                                                      
     The State  Patent Bureau  shall perform  examination  of  an               
industrial design  application. The  State Patent Bureau examiner               
shall verify  the industrial  design application documents, named               
in Articles 12 and 14 of this Law.                                              
     The examiner  of the State Patent Bureau, having 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  inform  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  State Patent Bureau, within 3 months from the               
day the  examiner's decision  had been  dispatched. The applicant               
shall have the right to participate at meetings of the Section of               
Appeals, when his 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                        
     An applicant  shall  have  the  right  to  withdraw  his/her               
application or  to reduce the 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, publication 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 industrial 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 concerning  the issuance  of the  industrial design               
certificate, its use and protection shall be included in it.                    
     The State  Patent Bureau  shall issue  an extract  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 State Patent Bureau Bulletin.                                          
     Interested persons,  who have  paid the  fee, and are basing               
themselves on  Articles 2-4  of this  Law, may file an opposition               
against the  registration 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 period 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 protest 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 accordance 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.                              
     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.                        
                                                                                
CHAPTER IV. TRANSFER OF INDUSTRIAL DESIGN AND GRANTING LICENSE TO               
                             USE IT                                             
                                                                                
     Article 20. Transfer of Industrial Design                                  
     The  owner  may  transfer  a  registered  industrial  design               
according to the contract, with or without his own business.                    
     An industrial  design transfer agreement shall only be valid               
following its  inclusion in the Industrial Design Register of the               
Republic of Lithuania.                                                          
                                                                                
     Article 21. The Licence to Use an Industrial Design                        
     The owner  of an  industrial design  shall have the right to               
grant an exclusive or non-exclusive right to use of an industrial               
design  throughout  the  entire  territory  of  the  Republic  of               
Lithuania.                                                                      
     Licence agreement, upon payment of fee, shall be included in               
the Industrial  Design Register  of the Republic of Lithuania and               
shall become effective from the date of registry.                               
                                                                                
            CHAPTER V. INVALIDATION AND REVOCATION OF                           
                 INDUSTRIAL DESIGN REGISTRATION                                 
                                                                                
     Article 22. Invalidation of Registration                                   
     Upon the  request of  any interested  person, the  court may               
invalidate the  registration because  the industrial  design does               
not correspond to the requirements in Articles 2-4 of this Law.                 
     The court,  having adopted  the decision  to invalidate  the               
registration of  the industrial  design, shall prescribe to enter               
in the  Industrial Design  Register of  the Republic of Lithuania               
and publish it in the Official Bulletin.                                        
                                                                                
     Article 23. Revocation of Registration                                     
     The  owner   of  an   industrial  design   may  revoke   the               
registration by  submitting a written request to the State Patent               
Bureau. Revocation  of an  industrial design  registration  shall               
become effective  from the  day  when  the  State  Patent  Bureau               
received the request.                                                           
     One or  several industrial  design examples,  registered  as               
result of one application, may be revoked.                                      
     The State  Patent  Bureau  includes  information  concerning               
revocation  of   an  industrial   design  registration  shall  be               
inscribed in  the Industrial  Design Register  of the Republic of               
Lithuania and published in the official bulletin.                               
                                                                                
        CHAPTER VI. DISPUTE SETTLEMENT. DEFENCE OF RIGHTS                       
                                                                                
     Article 24. Dispute Settlement Institutions                                
     Disputes  regarding   registration  and  use  of  industrial               
designs shall be settled by the following institutions:                         
     1) Section  of Appeals of the State Patent Bureau - disputes               
regarding  industrial   design  registration,  arising  prior  to               
granting of industrial design certificate;                                      
     2) Vilnius District Court - disputes concerning:                           
     decision of  the Section  of Appeals  of  the  State  Patent               
Bureau, not to grant an industrial design certificate;                          
     recognition of an industrial design registration as    inval               
id;                                                                             
     defence of  rights of  the owner  or owners of an industrial               
design.                                                                         
                                                                                
     Article 25. Enforcement of Rights                                          
     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.                                     
     The court may adopt, in accordance with an industrial design               
owner's claim,  a decision  concerning compensation  for  damages               
incurred  by  an  industrial  design  owner,  if  another  person               
performed the  actions enumerated  in  Article  5  of  this  Law,               
without his consent.                                                            
                                                                                
     Article 26. Persons Having Right to File Claims                            
     The owner  of an  industrial design  shall have the right to               
file a  claim concerning violation of an industrial design right.               
In the  event he  fails to  avail himself of this right, however,               
the licensee  may file  a claim, if no provision to the contrary,               
exists for that in the license contract.                                        
     Every  contract  license  state  shall  have  the  right  to               
participate in  the court process initiated by another state, for               
violation of  rights to  an  industrial  design  and  to  receive               
compensation for damage incurred.                                               
                                                                                
     Article 27. Invalidation of Industrial Design                              
               Registration in Industrial Design Register of                    
               the Republic of Lithuania.                                       
     Industrial design  registration shall  be abolished  in  the               
Industrial Design Register of the Republic of Lithuania, if:                    
     1) author of the industrial design requests such;                          
     2) term  of  the  industrial  design  registration  was  not               
extended according to procedure established in Article 7; and                   
     3)  industrial  design  registration  has  been  opposed  in               
accordance with Paragraph 4 of Article 18.                                      
                                                                                
              CHAPTER VII. INTERNATIONAL AGREEMENTS                             
                                                                                
     Article 28. International Agreements, Rights of Foreign                    
               Natural and Legal Persons                                        
     If international  agreements of  the Republic  of  Lithuania               
shall  establish   other  regulations  and  they  shall  be  more               
favourable to  design owners,  than those established in this law               
and other normative acts, the international agreement regulations               
shall apply.                                                                    
     Foreign natural  and legal  persons shall utilise all of the               
rights established  by this  law as well as, other normative acts               
regulating industrial design protection.                                        
                                                                                
                 CHAPTER VIII. FINAL PROVISIONS                                 
                                                                                
     Article 29. Coming Into Force of the Law                                   
     The Law  on Industrial  Design of  the Republic of Lithuania               
comes into force from September 1, 1995.                                        
                                                                                
     I promulgate  this Law enacted by the Seimas of the Republic               
of Lithuania.                                                                   
                                                                                
                                                                                
                                                                                
                                                                                
PRESIDENT OF THE REPUBLIC          ALGIRDAS BRAZAUSKAS