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09.05.2012 Conference “Intellectual property rights management”

On May 8-9, 2012 the conference “Intellectual property rights management” took place in Riga.

The conference was organized by the Latvian Patent Office together with the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO). Local and foreign specialists on the intellectual property, as well as general director of the WIPO Dr. Francis Gurry and president of the EPO Benua Battistelli took part in the conference.

Within the framework of the conference, among other questions, the role of the intellectual property in the economical and social processes, the use of the intellectual property in order to improve competitiveness as well as the strategy of intellectual property protection on enterprise and state levels were discussed.

27.04.2012 Seminar “Intellectual property protection in the digital environment”

On April 27, 2012 the seminar “Intellectual property protection in the digital environment”, organized by the Latvian AIPPI group, took place in Riga. Questions of copyright protection and protection of trademarks in the Internet and other digital sources were discussed on the seminar. The particular reference to the recent cases of the Court of Justice of the European Union was also made on the seminar.

02.03.2012 The Latvian Patent Office celebrates 20th anniversary

On March 2, 2012 the Latvian Patent Office celebrated its 20th anniversary. Present and former employees, together with Patent Attorneys and other guests gathered for celebration of the anniversary. The ceremony was opened by the speech of Mr. Reinis Berzinsh (Reinis Bērziņš)  - the director of the Latvian Patent Office. Nine employees of the Latvian Patent Office were awarded by the Ministry of Justice with the award for special achievements.

01.01.2012 10th edition of Nice Classification of goods and services

New (10th) edition of the Nice Classification of goods and services took effect from January 1, 2012. Changes have concerned both: headings of classes and their content. The new edition is available on the official web site of the World Intellectual Property Organization (WIPO).

17.06.2011 Seminar on industrial design protection in the USA

On June 17, 2011 a seminar on industrial design protection in the USA, organized for members of Latvian Patent Attorney Assotiation (LPAA), took place in Riga. On the seminar Mr. Adir Aranovich, the primary expert of the Patent Office of the USA, presented his lecture. The lecture touched questions regarding differences between European and USA industrial design examination procedures, as well as questions regarding different nuances of the USA legislation. The representative of our firm also participated in the seminar.

 03.05.2011 Draft law on industrial property 

Currently new draft law on industrial property is being prepared in Latvia. It is planned that the above-mentioned draft law will make essential changes in current legislation, in particular in system of examination of cases in the Board of Appeal of the Latvian Patent Office, as well as will touch the question of implementation of obligatory liability insurance of patent attorneys, etc. It is not yet known when the current draft law will take effect, but its final version and the possibility of the draft law taking effect are being actively discussed by experts. 

Our firm was a member of a working group, organized by Latvian Patent Attorney Association (LPPA). Members of the working group suggested their comments, objections and proposals regarding new draft law, and after that LPPA has sent a common letter to the Ministry of Justice and to the Latvian Patent Office.   

21.04.2011 International AIPPI Baltic Conference  

From April 19, 2011 till April 21, 2011 the International AIPPI Baltic Conference „Enforcement of IP rights and survival in new environment” took place in Riga. The conference was organized by Latvian national AIPPI group. The AIPPI Baltic conferences are organized regularly since 1995, by turn in each of three Baltic states (Latvia, Lithuania, Estonia).  On the conference were presented lectures, in particular, by the OHIM representative Vincent O’Reilly, the WIPO representative Matthias Reischle and by the EPO representative Daniel X Thomas. Besides, in the conference participated patent attorneys and experts from Baltic states, as well as from Russia, Germany, Belgium, USA and other countries. On the conference were presented lectures on different questions in the field of intellectual property, namely, on questions concerning proofs of use of trademarks, functioning of the European trademark system, evaluation of patentability by the patent offices and national courts etc. Lectures regarding authorship rights, enforcement of commercial rights, administrative tools for protecting IP rights, as well as many others, were also presented on the conference.  

From our firm the conference was attended by Ms. Svetlana Makeeva. Our office was also visited by colleagues and partners from different countries.  

06.04.2011 Seminar on civil process 

On April 6, 2011, initiated by the Latvian judical assembly, in Latvia was held a seminar for members of Latvian Patent Attorneys Association (LPPA) and for employees of the Latvian Patent Office. On the seminar, dedicated to civil process, judges of the Latvian district court, in particular those who specialize on cases related to the intellectual property field, presented their lectures.  Questions regarding filing of statements of claim, as well as questions regarding preparing proofs (bearing in mind particulars of cases related to intellectual property) were discussed on the seminar.  Representative of our firm also participated in the above-mentioned seminar.  

17.11.2010 Amendments in the Patent Law, accepted on October 14, 2010, are taking effect

In particular, rules that regulate inventions which concern national defence interests were changed (Article 11). Besides, was stated that the Latvian Patent Office is allowed to publish data from the registers in electronic form (Article 23). The above-mentioned changes also affect articles related to rules for passing exams on patent attorney qualification (Article 26, Parts 3 and 4). Also additional paragraph (6th) was added to Article 38 (granting, registration and publication of patents). The paragraph regulates the order of making amendments and corrections of mistakes in patent data (concerning granting of patents), as well as owner’s name change or change of a representative.  

17.11.2010 Amendments in the Latvian „Law on Trademarks and Indications of Geographical Origin, accepted on October 14, 2010, are taking effect 

Amendments state that legal consequences of registered trademark take effect from the day when the trademark is published in the Official Bulletin of the Latvian Patent Office, no matter in what form it is published – in paper form or in electronic form on the official web site of the Latvian Patent Office (the second part of Article 16). Besides, amendments also concern rules regarding prolongation of terms (Article 22), further processing after non-observance of term (Article 22) and restitution of rights (Article 22. ²), as well as concern decisions regarding prolongation of terms, further processing and restitution of rights (22. ³). Amendments also concern trademarks in case of legal protection processes of commercial companies and in case of insolvency of commercial companies, as well as concern trademarks as a subject of a legal lien (Article 25. ¹).  

09.11.2010 Seminar LPAA “Legal protection of trademarks in Latvia an EU” 

On November 9, 2010 the Latvian Patent Attorney Association (LPAA) organized a seminar “Legal protection of trademarks in Latvia and EU”. Experts of the Patent Office of the Republic of Latvia presented on the seminar their lectures. Effective from November 10, 2010 amendments in the Latvian “Law on Trademarks and Indications of Geographical Origin” were discussed on the seminar. Besides were clarified questions regarding proofs of use of trademarks, as well as questions regarding proving reputation of CTM trademarks and scope of protection of lists of goods and services of trademarks. We also would like to point out that a representative of our firm also participated in the seminar.  

09.07.2010 ECTA round table meeting in Riga 

On the 9th of July 2010 ECTA Round table meeting took place in Riga. It was organized by ECTA in cooperation with OHIM and national trade mark institutions of the Baltic States on purpose to promote the discussion on EU trademark system. During the Round Table meeting several themes regarding Community trade marks, advantages and disadvantages of the national, CTM and international registration procedures as well as questions of harmonization of the trade mark systems were discussed. 

Within the meeting the representatives of law firms and patent bureaus of Estonia, Latvia and Lithuania had a chance to talk over some current matters referring to the cooperation with OHIM Vice President Peter Lawrence and ECTA First Vice President Domenico De Simone.  

12.06.2010 Latvia has ratified the Patent Law Treaty 

On the 12th of June 2010, the Patent Law Treaty (PLT) has entered into force for Latvia. The Patent Law Treaty was concluded on 1 June 2000 in Geneva. Its aim is to promote international cooperation in the field of protection of inventions by simplifying and harmonizing formal procedures regarding grant of a patent and keeping patent in force in different countries. The PLT refers mainly to the patent grant procedure at the patent office and regulates such formalities as ascertainment of a patent application filing date, the form and content of a patent application, representation and others. 

By the 13th of June 2010 the Patent Law Treaty had 25 contracting states, and was signed by 59 states.  

29.04.2010 Seminar „Enforcement of the Intellectual Property Rights and Legal Proceedings” 

On the 27th - 29th of April 2010 seminar entitled „ Enforcement of the Intellectual Property Rights and Legal Proceedings” took place in Riga. It was organized by the Ministry of Justice of the Republic of Latvia, supported by the Government of Norway within the project „Technical Support for the Introduction of Acquis communautaire”. 

One of the main issues of the seminar was the introduction to Latvia of the Directive 2004/48/EC of 29 April 2004 of the European Parliament and of the Council on the enforcement of intellectual property rights. Some other questions referring to the evidences and measures for preservation of evidences, compensation and court expenses were also discussed during the seminar. Among the speakers there were the representatives of the European Commission and the Patent Office of the Republic of Latvia. On behalf of our firm lawyer Ms. Maria Makeeva took part in the seminar. 

06.07.2009 A new regulation concerning the supplementary protection certificates for medicine comes into force 

As of July 6, 2009 a new regulation concerning the supplementary protection certificates for medicine comes into force. The Regulation 469/2009 is a codified version of the previous Regulation 1768/92 of June 18, 1992, which has been already substantially amended several times. The aim of the codification is clarity and rationality of the present version of the Regulation.  

16.03.2009 Singapore trademark law treaty comes into force 

On March 16, 2009 the Singapore trademark law treaty comes into force in the Republic of Latvia. 

To be noted that the Singapore TLT provides for relief measures when an applicant or a holder has missed a time limit in an action for a procedure before the Office. This provision is an important addendum, since in accordance with Singapore TLT Contracting Parties must make available, at their choice, at least one of the following relief measures: extension of the time limit, continued processing and reinstatement of rights if the failure to meet the time limit was unintentional or occurred in spite of due care required by the circumstances. 

Singapore trademark law treaty has many innovations in comparison with the Trademark Law Treaty of 1999, particularly such as that Singapore law treaty relates to all types of trademarks and that the trademark owners now have a secure possibility to use different protective mechanisms in cases when terms are missed. 

As regards Latvia now - in case the applicant has missed the term for payment of the official fee for the renewal of the registration term of a trademark as well as other time limits in relation to trademarks, the applicant is able to file a request for re-establishment of rights to the Latvian Patent Office. In case the abovementioned request is satisfied, the applicant can pay the appropriate official fee together with a corresponding surcharge and therefore keep the rights for the trademark by. Singapore trademark law treaty is available at the following link:     

http://www.wipo.int/treaties/en/ip/singapore/singapore_treaty.html   

01.09.2008 Changes in Madrid system 

Starting from September 01, 2008 the amendment to Article 9 sexies of the Madrid Protocol, to the Common Regulations under the Madrid Agreement and Protocol came into force, which repeals the safeguard clause, thus introducing some changes into the Madrid system worth paying attention to. 

For Latvia being a member state of both Madrid Agreement and Madrid Protocol, the amendment of Article 9 sexies is of direct influence there on. Below is a brief overview of the new system thus introduced. The essence of change is that starting from September 01, 2008, in states that simultaneously are member states of both Madrid Agreement and Madrid Protocol procedure will be governed by Madrid Protocol provisions, opposite to previously established Madrid Agreement dominance. The above will result in some changes both in procedural and financial aspects for applicants seeking their trademark protection on the international level. Thus, starting from September 01, 2008, the basis for international trademark application in countries, that are member states of both Madrid Agreement and Madrid Protocol, could be also national trademark application. Moreover, applications might further on be drafted not only in French, but also in English. Amendment of Article 9 sexies leads also to possibility of filing international application designating member states of both Madrid Agreement and Protocol, directly to International Bureau (WIPO), which was previously prohibited, due to the dominance of Madrid Agreement. The above change resulted also in the increase in relevant fees from 73 CHF to 100 CHF per state and per additional class exceeding three. To be noted however, that individual fee if that is requested by Article 8. (7) of Madrid Protocol is not to be paid as of September 01, 2008. As provided by WIPO Information Notice, these new amounts will apply in all situations where the standard fees are to be paid, under the Agreement or under the Protocol. 

In the light of the London Agreement coming into force, we have recently been rather frequently asked about how the said Agreement will affect the validation of European patents in Latvia and whether it will be necessary to file a Latvian translation of the claims of a granted European patent for the patent to be validated in Latvia. In reply to the above, we would like to kindly provide our colleagues with the following information, namely: the relevant provisions of the London Agreement have actually been implemented into Latvian Patent Law as of March 01, 2007, thus are in force for quite a while already. In accordance with the law in force it is necessary to file the translation of the claims of a granted European patent into Latvian language in three months time following the publication of the mention of grant. Allow us to stress once again that only the claims have to be translated. We hope the above provided will be of an assistance. However, in case of any inquiry in this or any other connection, please feel free to contact us without hesitation

© Intelektuālā īpašuma juridiskā firma LATISS, 2006