– Plant Varieties Protection Law, in force since May 31, 2002, with latest amendments in force since December 31, 2010.

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since August 30, 2002.

Applicant: the breeder or his successor in title (any natural person or legal entity).

Foreign applicants: must file through an authorized representative.

Registrable: all plant genera and species including hybrids provided a variety is new, distinct, uniform and stable.

Filing requirements (to be sent to resident representative for filing of application with the State Plant Protection Service):
1. Name and address of applicant and breeder;
2. Description of variety;
3. Popular description of variety;
4. Proposed name of variety;
5. Plain copy of the first certificate if a breeder’s right is protected in another country;
6. Priority document (if Convention priority is claimed);
7. Authorization.

Note: the State Plant Protection Service may request a translation if documents submitted with an application are in a language other than Latvian.

Procedure: a formal examination of the application is carried out, within one month, followed by the publication of the application.

Examination of variety: the Service organizes the examination of the distinctiveness, uniformity and stability of the variety, if necessary. The description of the variety shall be submitted, if it was already examined in another country.

Opposition to application: within three months after its publication.

After examination of the application, the applicant receives the official notification about the examination results. The applicant can take, within two months, an objection to the examination results.

Granting and registration: breeder rights are granted by a decision of the Service which takes force on the date of the decision. The name of the variety proposed by the applicant is checked as to compliance with the requirements of UPOV in respect of international nomenclature of cultivated plants. If the result is positive, the variety is registered and published.

Opposition to granted rights: may be filed within three months of the date the announcement of the grant and name is published.

Duration: twenty-five years from the date of grant; thirty years in the case of vine and tree species.

Extension: an extension of duration of five years is available for valid arguments.

Annuities: have to be paid for each calendar year, starting with the year following the year of the grant of the breeder rights, by the end of January of the year concerned. Grace period: none.

Prior user: losses shall be compensated only for the part which concerns the remuneration for utilization of the variety, unless a holder of breeder rights has warned the prior user of the application prior to its publication. The losses must be compensated from the day of receipt of the warning, however not earlier than from the day of filing the application.

License: may be exclusive, non-exclusive and of right. The contract must be registered in the State Plant Protection Service.

Working: if the market is not provided with a propagating material of a protected variety which is significant to the interests of the State economy or the public, a compulsory license may be granted by court.

Invalidation: can be obtained on request of an interested party by a court if the plant variety does not meet the requirements of Law.

Infringement: after court proceedings, the infringer may have to reimburse the damage caused and pay compensation. Provisions of Law shall apply from the day of publication of the application.