Intellectual Property, Latvia

Introduction

Protecting and productively utilizing intellectual property is a critical aspect of long-term growth and success for many businesses.  Intellectual property can be a company’s most valuable asset.  With globalization of business, individuals and companies face the necessity of applying novel and sophisticated approaches to protecting their intellectual property.  Tasks such as brand management, planning of patent portfolios, commercialisation of know-how and technology through transfer and licensing, avoiding infringement of intellectual property rights held by others and enforcement of own intellectual property rights have acquired importance as key elements of efficient strategy in the contemporary business setting at national, pan-Baltic and international levels.

Our lawyers have specialized expertise in litigating and counselling clients on a broad range of matters involving intellectual property issues and data protection.  We help our clients fight infringement and counterfeiting and increase the level of protection of their copyright and trade marks both domestically and internationally.  Having represented companies from a variety of industries before courts and intellectual property authorities, we are well positioned to provide our clients with distinct knowledge and experience in the areas of domestic and international intellectual property law.  Our litigation experience in the area of intellectual property law comprises a number of first ever precedents in the Latvian judicial practice (including the first ever challenge of a patented invention, the first ever court judgement establishing trade mark infringement and the first ever case of disposal of counterfeit goods at a customs warehouse).  Our lawyers have successfully challenged and introduced new interpretations of multiple legal provisions within enactments of copyright, trade mark and patent law.  Our partner Agris Bitāns is president of AIPPI Latvian National Group and a frequent speaker at conferences and workshops on intellectual property matters.

In the years 2010, 2011 and 2012, we were ranked as top-tier Latvian practice within intellectual property law by Chambers Europe.

Services

Our principal practice areas within intellectual property law include:

• Anti-counterfeiting and protection of trademarks, trade names, domain names, copyright, neighbouring rights and database rights
• Branding and registration of intellectual property rights
• Trade mark and trade name registration at national, international and EU level and client representation before relevant registration authorities
• Intellectual property litigation and client representation in intellectual property disputes as part of civil, criminal and administrative disputes
• Due diligence of intellectual property rights
• Patents
• Design rights
• Trade secrets and know-how
• Licensing, franchising and distribution agreements, including in e-commerce
• Litigation in intellectual property matters

Our Experience

We pride ourselves in having represented our clients or having advised our clients on a number of significant events and transactions involving intellectual property law issues.  Our track record includes, among others, the following landmark events and transactions:

We routinely act for a leading international pharmaceuticals company with respect to the maintenance of patent and trade mark rights that it holds in the territory of Latvia.

We provided legal counselling to the Latvian national air carrier on a range of trade mark issues, including registration of trade mark protection before the national registration authority, the Office of Harmonization for the Internal Market and European Patent Office.

We routinely act as counsel for the Latvian subsidiary of a leading international electronics equipment manufacturer in relation to maintenance of its trade mark rights in Latvia.  We also advised the company with respect to transfer of certain intellectual property rights inherent in its operational applications.

We represented a leading national publisher in connection with its claim against certain web sites for infringement of copyright to protected articles and images.

We were appointed by a leading international supplier of pumps and pumps solutions to act as attorney with respect to maintenance of its intellectual property rights in Latvia.

We acted for scientists and administration of a Latvian scientific research institute in negotiating royalty payable to the institute by a leading global pharmaceuticals company in consideration of the right of use to a certain medical invention.

Franchising and Distribution, Latvia

Introduction

Franchising has experienced unprecedented growth in Europe in the recent years.  However, franchising industry remains largely unregulated.  If you contemplate franchising your business, you may require assistance by a franchise lawyer with a thorough understanding of potential pitfalls and opportunities associated with franchise business.

Our law firm will take the time to understand how your distribution business model operates or, if you contemplate setting up a new franchise business, will develop a concept franchise and distribution model for you tailored to your specific needs.  Most franchising agreements need to reflect a number of critical provisions and certain disclosures need to be made.

We can take care of the drafting work, advise you on the appropriate course of action with respect to required disclosures and help you negotiate contractual provisions that will suit your circumstances.  In addition, we can provide insightful analysis to distributors and dealers to understand contractual obligations to which they are committing and provide expert counsel in drafting and negotiating distribution, license and authorized dealership agreements.

Services

Our principal franchising and distribution practice areas include:

• Drafting and negotiation support with respect to franchising, distribution, license and dealer contracts
• Development of franchise and distribution models
• Franchise sales compliance and enforcement of rights pursuant to franchise agreements
• Legal counselling on the essence and types of franchise models and regulations applicable to franchising in the EU, Russian Federation and Asia
• Franchise litigation and arbitration
• Training and tutoring on franchise matters

Our Experience

We pride ourselves in having developed for our clients a number of franchise concept models tailored to the specific needs and business objectives of our clients.

In addition, we have drafted agreements and documentation sets supporting the franchise business of our clients.