Intellectual Property Protection In Latvia

1. Rights To Be Protected

   The intellectual property protection system of Latvia belongs to the Continental European law school by recognising the existence of moral rights that are considered to be unalienable moral rights according to the laws of Latvia.

   In Latvia the copyrights are protected without the registration. Patent rights function according to the first to file principle well recognized in Europe. Protection of industrial designs is ensured by design patents. Plant variety protection is regulated by a separate law. In Latvia plant varieties are not protected on the basis of a patent, but instead they are registered with a special register of the Ministry of Agriculture for the Republic of Latvia. Databases are protected under the Copyright law. There is a special legislation with respect to unfair competition, and a special institution - Competition Council - has been established to apply this law. Decisions made by the Competition Council may be appealed in the court. At present there is no permanent legal basis for the protection of domain names in Latvia. Geographical indications are protected without the registration. Mainly the protection is expressed through the restrictions to register trademarks containing the geographical indications. No separate rights exist with respect to the protection of a person's depiction in Latvia. Utility models are not protected as well. With respect to know-how the protection only exists in a way of liability for the exposure of a business secret, however the definition for the business secret may not be found in special laws.

   The patent application is to be submitted with the Patent Office of the Republic of Latvia. The Patent Office does not examine the applied invention in point of fact. Such approach may be explained by the lack of adequate resources to ensure that the patent examination is in compliance with the world's technical level.

   It is the right of the applicant to file complaint with the Appeal Council of the Patent Office regarding the decision to reject the patent application. The Appeal Council of the Patent Office also examines objections to the grant of a patent. Any person may file such objection with the Appeal Council of the Patent Office after the publication of grant.

   The decisions made by the Appeal Council for the Patent Office may be further appealed in the court. Alongside with the administrative objection procedure there are also chances to dispute the earlier registered patent by way of filing a general claim.

   Only a registered trademark gives exclusive rights. The laws on trademarks of 1993, of 1999 and the newest one that has come into force from January 1, 2008 allow registering any type of trademarks, including three - dimensional or such as consisting of colours or sounds. Yet more often then not the Patent Office of the Republic of Latvia refuses to register designations including combinations of letters or numbers because it is difficult to differentiate or remember such trademarks. The trademark registration may not be refused if it has obtained distinctiveness through its usage.

   The trademark applicant shall not submit any evidences on the usage of the trademark. On the contrary - the law permits the trademark registration before its usage in Latvia. However, the usage is a mandatory pre-condition for maintaining the effectiveness of the right to the trademark. If within five years on from the registration day the owner of the trademark has not began its actual usage in Latvia pertaining to the goods and services registered for, or if such usage has been interrupted for five successive years at least, the court may cancel the trademark registration upon the request of the interested person.

   The registration procedure and validity conditions of the industrial designs are similar to the procedure under which the patentable inventions are registered and protected in Latvia. Alongside with the administrative procedure exercised by the Appeal Council of the Patent Office there is also a chance to appeal against the decisions made by the Appeal Council of the Patent Office in the court as well as to file claim to...