Industrial Designs

– Law on Designs, in force since November 18, 2004, with latest amendments in force since July 16, 2019.
– Industrial Property Institutions and Procedures Law, in force since January 1, 2016, with latest amendments in force since March 7, 2023.
– Section 147 and 148 of the Criminal Law.
– Law on Administrative Liability, in force since July 1, 2020.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since January 21, 1993.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 7, 1993.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since January 30, 1996.
– WTO’s TRIPS Agreement, since February 10, 1999.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since April 14, 2005.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since July 26, 2005.

Filing

Definition: the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture and/or materials of the product itself and/or its ornamentation. Computer programs and semiconductor topographies are not products.

Applicant: the creator of the design or his successor in title.

Foreign applicant: must file through a registered patent or design attorney.

Registrability: any design that is new and has individual character.

Not registrable: a design which is contrary to public policy or morality, is solely dedicated by its technical function, must be necessarily reproduced in their exact form in order to permit a mechanical connection with another product, excluding pieces that are part of modular system.

Novelty: a design is new if no identical design has been made available to the public before the date of filing of the application or the date of priority. Novelty is not destroyed by prior disclosure if the disclosure could not reasonably become known in the normal course of business to the circles specialized in the sector, operating within the European Union; if disclosure made by the designer or his successor in title during the twelve-month period preceding the date of filing or the date of priority.

Priority: the Conventional priority and exhibition priority may be claimed within the six-month priority term.

Multiple applications: possible for an unlimited number of designs, if they belong to the same class of the Locarno International Classification for Industrial Designs.

Filing requirements for an application (to be sent to resident agent):
1. Information identifying the applicant;
2. Information identifying the designer;
3. A representation of the design;
4. An indication of the product;
5. A description of the design (not compulsory);
6. Priority document (may be filed within three months).

Note: as of January 1, 2016, no power of attorney is needed to file if an order is sent to a registered Latvian patent attorney.

Electronic filing: available for national design applications.

For a change of name or address: a corresponding extract from a business registry in PDF format, legalization/notarization is not necessary.

Examination

Examination: only formal (whether or not the application meets the formal requirements, conforms to the definition of a design and respects public policy and certain morality standards). Refusal of registration can be contested by the applicant through the Board of Appeal, and the decision of the latter, through court.

Opposition: third parties may contest the registration of a design before the Board of Appeal, within three months from the date of publication in the Official Gazette.

Assignment: upon payment of the State fee, the application can be assigned.

Granting

Delivery of document: a registration certificate is issued in digital format. It is possible to request a paper certificate with payment of an additional fee.

Duration: five years from the date of application.

Renewals: within the last year before the due date, for further four five-year periods; a grace period of six months is allowed upon payment of a late fee.

The scope of protection includes any design which does not produce a different overall impression on the informed user.

Marking: not compulsory.

Assignment: must be recorded into the State Register.

License: the registration of license is not compulsory, but is recommended in respect of third parties.

Compulsory license: the Law does not provide for compulsory license.

Infringement: are handled by the court.

Liability of the infringer: civil or criminal.