Overview - Intellectual Property Protection

Intellectual property issues are relatively new to the country of Latvia.  The intellectual property laws of Latvia were established shortly after the break from the communist system to a modern capitalistic economy.  Estonia has a very similar foundation as Latvia with regard to intellectual property law and protections of works.  Estonia has been involved in a number of the same conventions and treaties with other countries as Latvia. However, more recently Estonia has participated in a number of treaties and conventions that Latvia has not.  This is due to having a more advanced economy and investment investment/trade opportunities where other countries find cross border relationships useful.  Examples include Estonia's recent (1997) entrance into the Stasbourg Agreement regarding the International Patent Classification in 1997.

Estonia was ahead of Latvia in some of the basic laws like copyright and trademark laws but only by a year or so during the early 1990s.

Latvian Law

The early 1990’s proved to be an important period for this up and coming country with regard to building a foundation of law, process, and judicial/administrative procedure for dealing with intellectual property issues and litigation.  The Latvian government is committed to achieving a high level of protection for intellectual property rights comparable to that provided under the many international conventions outlined below.  As described below, the Latvian parliament passed legislation to protect copyrights, trademarks and patents. Foreign owners may seek restitution for violation of intellectual property rights through the Appellation Council at the Latvian Patent Office.  Additionally, court action can also be sought.  However, penalties have not been put in place yet as will be described later in this document.
 

Date	Law or Action
1991	Law on Competition and Restriction of Monopolies
1992	Patent Office Established
1993	Trademark Law
1993	Law on Protection of Plant Varieties
1993	Law of Industrial Design Protection
1993	Copyright Law
Source: AAA Protection of intellectual property in Latvia (22)

On December 3, 1991 the Law on Competition and Restriction of Monopolies (with protection for trade secrets) became national law.  In 1992, the Latvian government established the Patent Office.  In the Spring of 1993 a number of acts were signed into law including a national Trademark Law; the Law on Protection of Plant Varieties; the Law of Industrial Design Protection; Copyright Law (with protection for computer software), and Patent Law. Latvia has been a member of the World Intellectual Property Organization (WIPO) and the Paris convention since 1993.  The United States made a significant contribution to the progress of intellectual property rights in Latvia during a Presidential visit in 1994 by President Clinton.  In July 1994, Mr. Clinton signed an Agreement on Trade Relations and Intellectual Property Rights Protection with Latvia.  Then in 1994 and 1995, Latvia joined the Madrid, Nice and Budapest Conventions and the Berne Convention.

Intellectual Property Statistics as of 1996

•  21,846 trade and service mark applications have been filed.
•  3,104 patent applications have been filed.
•  430 design patent applications have been filed.

International conventions assist the government of Latvia with developing the country’s intellectual property rights.  The Latvian Parliament, in the early 90’s, established laws designed to protect the intellectual property rights of its citizens and those doing business in the country of Latvia.  The legal basis for intellectual property issues has been established but penalties and the judicial/administrative procedures associated with the violation of the laws is currently being established and will continue to be for some time.  Therefore, foreign investors and creators of intellectual property are subject to considerable risk of loss.

Copyrights

For example, imported and unauthorized reproductions of copyrighted video were bought from Russia on a regular basis.  In October of 1992, the Latvian Radio and Television Board adopted a ruling that any television company unable to produce a license of a supposed pirated film would lose their license.   However, the board does not apply this ruling to television signals from Russian television stations that are rebroadcast by Latvian television.   Latvia's intellectual property practices have not had a serious impact on U.S. trade outside of the film and video industry.

Patents

Applications for the grant of a patent can be made in Latvian, English, Russian, or German to the Latvian Patent Office, either directly or through a legal representative. Any patent may be invalidated by a court if it does not meet the legal requirements for granting a patent.

Trademarks

Applications for the registration of a trademark can be made in Latvian, English, Russian, or German to the Latvian Patent Office, either directly or through a legal representative. Any trademark may be invalidated by a court if it does not meet the substantive provisions for registering a trademark.

Making Progress Under the Law and in Enforcement

A European Union Report on Latvia, published by the European Council from their 1997 meeting, reported the following, “Latvia has made significant progress in legislative alignment and in setting up implementation structures in particular in the areas of competition, banking services, transport and standards and certification.”(26)   Additionally, the report referenced intellectual property issues, “Intellectual and industrial property and data protection legislation should be adopted and attention needs to be paid to more fully addressing the administrative capacity priority.”(26)   Finally, the report noted, “The newly established administrative structures need a certain period of consolidation in order to demonstrate their effectiveness.”(26)   The judicial and administrative outlook for Latvia looks promising and it our belief that the economic growth of the country will be stabilized and strengthened by the implementation and enforcement of the laws of the country.

Other Sources:

(23)
(24)
(25)
 
 

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