RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/335/Add.1
27 February 2002
(02-0982)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Response from Lithuania to the follow-up question posed by Switzerland1
Addendum
By means of a communication from the Permanent Mission of Lithuania dated
26 February 2002, the Secretariat has received a copy of the response to the follow-up question posed
by Switzerland, circulated in document IP/C/W/315/Add.1.
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A. PATENTS
Ad response to question 2:
2. In your answer you indicate that your Patent Law does not provide explicitly that
importation is considered as "working" a patent .  Please confirm, whether, according to your
law and practice, a compulsory licence on the grounds of non-working may not be granted for a
product in case that product is being imported into Lithuania.
The main idea of the Article 39 of the Patent Law is that the Government may adopt a
resolution to permit natural or legal persons to market, without the agreement of the owner of a patent,
a patented invention in the territory of Lithuania .
If the patented invention is being imported into domestic market and the patent owner is not
taking any action against such importation it mean s that the invention is available for the public,
therefore there are no grounds to grant the compulsory licence.
We do not have any practice applying the Patent Law provisions on compulsory licences.
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1 Lithuania's responses to initial questions posed by Switzerland were circulated in document
IP/C/W/335.