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Enforcement of IPRs in Estonia


Enforcement of IPRs
It has been noted that the presence of online markets facilitating the sale and purchase of pirated goods is the main cause of counterfeiting and piracy in Estonia. Despite the corrupt nature of these goods, the service providers are able to register webpages and domain names in violation of the trademark law. Such easy availability at comparatively lower rates is a major concern.
Cosmetics and personal care, wine and spirits, pharmaceuticals, and toys and games sector most often face counterfeiting and piracy in Estonia.
They are as follows:
  • The Copyright Act (consolidated text of April 1, 2019)
  • The Geographical Indications Protection Act (consolidated text of April 1, 2019)
  • The Industrial Design Protection Act (consolidated text of April 1, 2019)
  • The Layout-Designs of Integrated Circuits Protection Act (consolidated text of April 1, 2019)
  • The Patents Act (consolidated text of April 1, 2019)
  • The Plant Propagation and Plant Variety Rights Act (consolidated text of April 1, 2019)
  • The Trade Marks Act (consolidated text of April 1, 2019)
  • The Utility Model Act (consolidated text of April 1, 2019)
Copyright, geographical indications, industrial designs, layout designs of integrated circuits, patents, plant varieties, trademarks, and utility models are the different types of IPRs protected by IPR enforcement in Estonia.
Yes, the Estonian Law prescribes a limitation period of 10 years.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
A) Responsible Authority - County Court, Board of Appeal Supreme Court
B) Imprisonment Term - Trademarks: 03 years, but if repeated, it may extend up to 05 years
C) Monetary Fine - It is determined by the court in consonance with the level of infringement
*The Penal Code passed on 06/06/2001, in its chapter 14, states that disclosure of a work or performance of a work, invention, industrial design, or layout-design of an integrated circuit of another in his or her own name is punishable by a pecuniary punishment or up to 03 years’ imprisonment. The same act, if committed by a legal person, is punishable by a pecuniary punishment.
Arbitration falls under the regulations of the Civil Code of Procedure in Estonia.The arbitration agreement must be drafted in a clear and concise manner according to the Estonian Supreme Court. It must contain information about its scope, the applicable law, the number and how arbitrators will be appointed, and the language in which the arbitration will be made. Regarding the object of the arbitration agreement, according to the Estonian legislation, it must be a proprietary claim.
Although there is a format to facilitate ADR resolution, the option of ADR is not frequently utilized.
The remedies available under border control measures (customs) in Estonia include destruction of infringing goods.
The holder of the decision should reimburse all the costs incurred by the customs authorities in taking action to enforce his or her intellectual property rights. Nevertheless, this should not preclude the holder of the decision from seeking compensation from the infringer or other persons who might be considered liable under the legislation of the Member State where the goods were found.
The goods may be released for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court Proceedings