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New law on industrial property institutions and procedures

New law on industrial property institutions and procedures
  • Latvia
  • Intellectual property - Briefing notes

03-08-2015

On 2 July 2015 a new law - Industrial property institutions and procedures law - was published.

The initiative for the new law arise more than five years ago, and was partly related to the recognition that the existing administrative procedure is not the most appropriate or effective for the resolution of disputes related to oppositions to the registration of new industrial property rights based on earlier rights and third parties’ objections.

The new law regulates institutional matters and procedures of the national industrial property office, as well as its appeal body, the Industrial Property Appellation Council, where decisions of the industrial property office are appealed. The new law provides for greater independence of the Industrial Property Appellation Council, which will remain within the administrative system of the industrial property office. However, members of the Industrial Property Appellation Council will be now approved by the Cabinet Minister and will not be allowed to combine their duties as members of the Council with other duties.

The new law provides for a more elaborate procedure of appealing decisions of the industrial property office and is based on the principles of civil procedure law. The decision of the Industrial Property Appellation Council cannot be further appealed in administrative proceedings, as was the case previously. However, persons who are not satisfied with the result will be entitled to ask the court to retry the case under its civil procedure.

There are several changes in relation to professional representatives in the new law. One of the most attractive for rights owners is abolition of the requirement to issue a power of attorney to professional representatives. In addition, professional representatives will be required to insure their professional activity.

The law will become effective on 1 January 2016; however, proceedings commenced before that date will be carried out on the basis of the existing law.

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