The translation of this document is outdated.
Translation validity: 01.01.2016.–06.03.2023.
Amendments not included:
09.02.2023.
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on
Industrial Property Institutions and Procedures
Division
A
General Provisions and Procedures of the Patent Office
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) industrial property - rights related to invention
patents (including supplementary protection certificates for
medicinal products and plant protection products), topographies
of semiconductor products, trade marks, and designs;
2) objects of industrial property - invention patents
(including supplementary protection certificates for medicinal
products and plant protection products), topographies of
semiconductor products, trade marks, designs;
3) registration procedures - activities aimed at
registering certain objects of industrial property, also at
granting a patent, except activities related to the examination
of disputes in the Industrial Property Board of Appeal and in the
court;
4) post-registration procedures - activities aimed at
amending information regarding registered objects of industrial
property, including activities for maintaining the validity and
for the renewal for a new period of the protection of the
registered objects of industrial property, including the granted
patents, except activities related to the examination of disputes
in the Industrial Property Board of Appeal and in the court;
5) industrial property laws and regulations - laws and
regulations governing the registration of objects of industrial
property and protection of industrial property, including
international agreements binding on Latvia and directly
applicable laws of the European Union in the field of industrial
property.
Section 2. Purpose and Scope of
Application of The Law
(1) The purpose of the Law is to establish the legal
preconditions for efficient registration of objects of industrial
property and for examination of disputes arising therefrom,
providing for the necessary institutions for this purpose,
determining their competence and basic principles of operation,
as well as regulating representation in them and basis of
operation of professional patent attorneys.
(2) The Law governs the institutional matters, procedures, and
legal relations, insofar as they are analogous to objects of
industrial property.
Section 3. Regulation in the Field
of Industrial Property
(1) The rights to industrial property in Latvia are obtained
through registration of objects of industrial property, which in
accordance with the industrial property laws and regulations is
carried out in the Patent Office, or, if so provided for in a law
or regulation, by recognising exclusive rights incurred on other
grounds.
(2) The rights to industrial property in Latvia are also
obtained through registration of such objects of industrial
property, which with regard to Latvia is carried out in
accordance with international agreements within the field of
industrial property binding on Latvia, including with regard to
the European Union - in accordance with directly applicable laws
and regulations of the European Union.
(3) With regard to the registration of objects of industrial
property and protection of industrial property, foreign persons
in Latvia have the same rights as Latvian persons, insofar as
this Law or other laws and regulations do not provide for
otherwise.
(4) The rights to industrial property in Latvia acquired in
accordance with the procedures laid down in Paragraph two of this
Section shall have the same legal effect as the rights referred
to in Paragraph one of this Section, if the relevant
international agreement or industrial property laws and
regulations do not provide otherwise.
Chapter
II
Patent Office and Procedures in the Patent Office
Section 4. Patent Office
(1) The Patent Office is a direct administration institution
under the supervision of the Minister for Justice with the
competence in the field of industrial property laid down in this
Law and other laws and regulations.
(2) The Patent Office shall perform the following
functions:
1) implement the State policy within the field of industrial
property;
2) carry out the functions of the State industrial property
institution provided for in international agreements binding on
Latvia;
3) register rights to objects of industrial property and
maintain the appropriate registers, as well as provide other
industrial property-related services;
4) promote awareness in the country and society of the
protection of industrial property.
Section 5. Registration of Objects
of Industrial Property
(1) The Patent Office in accordance with laws and regulations
shall register the following objects of industrial property:
1) invention patents (including supplementary protection
certificates for medicinal products and plant protection
products);
2) topographies of semiconductor products;
3) trade marks;
4) designs.
(2) Activities taken by the Patent Office within the
registration and post-registration procedures of the objects
referred to in Paragraph one of this Section, including
activities laid down in international laws and regulations, as
well as other industrial property-related services of the Patent
Office shall be paid services.
(3) The Cabinet shall determine the price list of the paid
services of the Patent Office, payment procedures, and
reliefs.
Section 6. Registers Maintained by
the Patent Office, Application and Registration Files
(1) The Patent Office shall maintain a Patent Register (which
also includes the supplementary protection certificates for
medicinal products and plant protection products), Register of
Topographies of Semiconductor Products, Register of Trade Marks,
and Register of Designs (hereinafter - the registers).
(2) The Patent Office shall arrange the registers in
accordance with the procedures laid down in the industrial
property laws and regulations.
(3) Each number of an application or registration (patent) of
an object of industrial property shall have a corresponding file
with the same number, where those documents are stored, on the
basis of which entries have been made in the register, as well as
other documents specified in laws and regulations.
(4) The Patent Office shall ensure permanent storage of
registers, application and registration files and the submitted
original documents.
Section 7. Public Access to
Registers, Application and Registration Files
(1) The entries of registers shall have public credibility.
Entries of registers shall be published in the official gazette
of the Patent Office and on the website of the Patent Office in
accordance with the industrial property laws and regulations.
(2) In conformity with the restrictions laid down in laws and
regulations, any person may become acquainted with the
application and registration files and receive extracts from the
registers, derivatives of the documents in the application and
registration files, and statements.
(3) If additional resources are not required for data
processing and analysis, the Patent Office shall, in conformity
with the restrictions laid down in laws and regulations, provide
free of charge the necessary information from the registers and
application and registration files to the Saeima, the
Cabinet, law enforcement authorities, and other State
administration institutions, as well as to the natural and legal
persons to whom such rights are established by laws and
regulations.
Section 8. Official Gazette of the
Patent Office
(1) The Patent Office shall have its official gazette in which
it shall publish the entries of registers and the information
specified in the industrial property laws and regulations, which
refer to registration of objects of industrial property.
(2) The official gazette of the Patent Office shall be
published electronically at least once a month on the website of
the Patent Office.
(3) The legal consequences laid down in this Law or in another
industrial property law or regulation for the registration of the
specific industrial property object or for the information
related to such registration shall enter into effect from the day
of the publication or another date indicated in the official
publication.
Section 9. Competence of the
Officials of the Patent Office
The officials of the Patent Office shall, independently and in
accordance with the industrial property laws and regulations on
behalf of the Patent Office, take a decision to register or to
refuse to register an object of industrial property, as well as
other decisions and interlocutory decisions in the registration
and post-registration procedures.
Section 10. Restrictions for
Officials and Employees of the Patent Office
(1) Officials and employees of the Patent Office while they
are working for the Patent Office, as well as two years after
their employment or service relations with the Patent Office are
terminated, are not entitled to submit a patent or design
application, or directly or indirectly, except inheritance,
obtain registration of a patent or design, or acquire any rights
resulting from registration of a patent or a design. Rights of
priority shall not be granted to patent or design applications of
these persons, if the respective application has been submitted
within one year after the termination of employment or service
relations with the Patent Office.
(2) Officials and employees of the Patent Office also after
their employment or service relations with the Patent Office are
terminated have an obligation not to disclose and not to use
restricted access information, which has become known to an
official or employee upon carrying out the work obligations, as
well as not to represent persons in matters regarding objects of
industrial property or their applications, which have been in
their competence while performing the role of an examiner or
responsible official.
Section 11. Determining of Time
Periods
The Patent Office in its decisions and documents may specify a
time period for the performance of further activity in a
registration or post-registration procedure. If the time period
is not determined in an industrial property law or regulation,
the Patent Office shall determine a reasonable time period,
taking into account the scope and importance of the activity to
be performed in the procedure.
Section 12. Submission of
Documents
(1) A person handling registration or post-registration
procedures, shall submit documents in person or using postal
services, fax, electronic mail, and other means of communication
in conformity with the restrictions laid down in the industrial
property laws and regulations.
(2) The Cabinet shall determine the procedures by which a
person handling registration or post-registration procedures,
shall submit documents to the Patent Office.
Section 13. Information Regarding
the Submitter to be Indicated in the Documents
(1) The following information regarding the submitter shall be
indicated in the document to be submitted to the Patent
Office:
1) for a natural person - the given name, surname, and address
of the declared place of residence (for persons residing abroad,
the address of the place of residence shall be indicated);
2) for a legal person - the full name and legal address.
(2) Abbreviations in names of legal persons shall be permitted
in indications of the type of merchant.
(3) The address of a person shall include all the necessary
information for a postal delivery to the indicated address.
(4) For communication with the Patent Office a person may
additionally indicate a telephone number, fax number, and
electronic mail address, as well as the address (address for
communication), which is different from the address referred to
in Paragraph one of this Section.
(5) The given names, surnames, names and addresses of foreign
persons shall be indicated in the original form of the respective
foreign language (if it is a language of Latin alphabet) or in
Latin transliteration of the original form.
(6) Except the cases specifically provided for in laws and
regulations, the Patent Office is entitled to require that any
person who submits an application and handles the registration or
post-registration procedures in the Patent Office indicates the
address for communication in the territory of Latvia. This
provision shall be without prejudice to the requirements of this
Law in relation to representation of persons in the Patent Office
(Chapter XVII).
(7) For the communication with a person, the Patent Office
shall use the address indicated in accordance with Paragraph one
of this Section; but if the person has indicated a different
address for communication (Paragraph four of this Section) - this
address. If a person has appointed a representative, the address
of the representative shall be used for communication. The person
shall, without delay, inform the Patent Office regarding any
changes in the information regarding the submitter.
Section 14. Regulations Regarding
Authenticity of Signature of a Person and Documents
(1) Documents to be submitted upon handling the registration
and post-registration procedures shall be signed by the submitter
or a representative of the submitter.
(2) The following shall be indicated next to the person's
handwritten signature:
1) transcript of the signature - the given name and surname of
the natural person;
2) the capacity in which the person has signed the document
(for example, the applicant, owner, licensee, representative, in
documents of legal persons - position of the natural person), if
it is not obvious from the text of the document.
(3) Except the cases specially provided for in the industrial
property laws and regulations, the documents and person's
signature in them do not need a notarisation, legalisation, or
other proof of authenticity. The Patent Office is entitled to
request additional documents, if it has a reason to doubt the
legal force of the document.
(4) In the documents that are submitted through the special
online forms set up on the website of the Patent Office for this
purpose, the person of the submitter shall be identified with the
help of the authentication means available in them. When an
application for the registration of an object of industrial
property or a submission for the maintenance of registration
(renewal for a new period of protection) is submitted through the
special online form set up for this purpose, the person shall be
identified as indicated in the online form.
Section 15. Identification of
Applications and Registrations
In each document which is submitted within the registration
and post-registration procedures, a specific application or
registration shall be identified by indicating the object of
industrial property and the number of the application or
registration (patent). An application or registration may be
additionally identified with a reference to the applicant (owner)
and characteristics of the object of industrial property (for
example, title of the invention, inventor, verbal part or image
of a trade mark, indication of the product to which the design
refers, the designer).
Section 16. Examination of Documents
Submitted in a Foreign Language
In the registration and post-registration procedures which in
accordance with industrial property laws and regulations are
carried out in the official language the Patent Office shall
allow submission of separate written documents in a foreign
language without a translation which is certified in accordance
with the procedures laid down in laws and regulations, if this
does not restrict the rights or legitimate interests of third
persons and contributes to the progress of the procedure.
Section 17. Correction of Errors
(1) A person who is handling the registration and
post-registration procedures is entitled, in conformity with the
restrictions laid down in the industrial property laws and
regulations, to require that the Patent Office corrects clerical
or technical errors made in an application, found in a register
entry or official publication.
(2) For the correction of an error the fee determined in the
price list of the services shall be paid. The errors referred to
in Paragraph one of this Section shall be corrected free of
charge if they have been made by the Patent Office.
(3) If the information in which the correction of errors is
carried out, has been previously published in the official
gazette of the Patent Office, also the correction of errors shall
be published in it.
Division
B
Industrial Property Board of Appeal and Examination of Disputes
in the Industrial Property Board of Appeal
Chapter
III
Industrial Property Board of Appeal, Its Status and
Competence
Section 18. Industrial Property
Board of Appeal and Its Status
(1) The Industrial Property Board of Appeal (hereinafter - the
Board of Appeal) is a collegial decision-making institution which
examines extrajudicial disputes arising from registration and
post-registration procedures.
(2) When taking decisions in the disputes referred to in
Paragraph one of this Section, members of the Board of Appeal
shall be independent and not subjected to orders of other persons
or other direct or indirect influence.
Section 19. Administrative
Management of the Board of Appeal
The Patent Office shall ensure organisational and
administrative operation of the Board of Appeal.
Section 20. Competence of the Board
of Appeal
(1) The Board of Appeal shall examine the following disputes
provided for in the industrial property laws and regulations:
1) regarding a decision of the Patent Office taken within the
registration or post-registration procedure and against which a
notice of appeal has been submitted (matters of appeal);
2) regarding registration of an object of industrial property,
to which a notice of opposition of a third person has been
submitted (matters of opposition).
(2) The decisions taken, when examining the disputes referred
to in Paragraph one of this Section on their merits, shall be
published by the Board of Appeal on the website of the Patent
Office.
(3) In accordance with specific procedures the Board of Appeal
shall participate in evaluation of matters related to industrial
property protection analysis and development.
(4) Each year the Board of Appeal shall prepare an annual
report on its activities during the previous year and make it
public on the website of the Patent Office.
(5) The Board of Appeal is entitled to provide recommendations
on matters related to the implementation of procedures and
application of laws and regulations by the Patent Office.
Chapter
IV
Composition of the Board of Appeal
Section 21. Composition of the Board
of Appeal
(1) The Board of Appeal shall be composed of the chairperson
of the Board of Appeal and members of the Board of Appeal.
(2) The Board of Appeal shall examine disputes within its
competence collegially in the composition which has been set up
for the examination of the particular dispute.
(3) In the cases laid down in this Law, the decisions on
behalf of the Board of Appeal shall be taken by the chairperson
of the Board of Appeal or the chairperson of the composition for
examination of the matter sitting alone.
Section 22. Restrictions Imposed on
the Chairperson of the Board of Appeal and Members of the Board
of Appeal
(1) The chairperson of the Board of Appeal and the members of
the Board of Appeal shall be subjected to restrictions and
obligations applied to judges - chairpersons of district (city)
and regional courts - with respect to earning of income,
combining of positions, job performance, as well as other related
restrictions and obligations as laid down in the law On
Prevention of Conflict of Interest in Activities of Public
Officials.
(2) In addition to the restrictions referred to in Paragraph
one of this Section, the following additional restrictions shall
apply to the chairperson of the Board of Appeal and members of
the Board of Appeal:
1) to maintain political neutrality and not to combine the
obligations of the position with affiliation to political parties
and other political organisations;
2) the restrictions specified for the officials of the Patent
Office in Section 10 of this Law.
Section 23. Chairperson of the Board
of Appeal
(1) The chairperson of the Board of Appeal shall organise and
manage the work of the Board of Appeal, including:
1) for the examination of each dispute confirm the composition
for the examination of the matter and the chairperson of the
composition for the examination of the matter;
2) approve the schedule of the sessions of the Board of
Appeal;
3) within his or her competence, represent the Board of Appeal
in relations with natural persons and legal persons governed by
private law in matters relating to the examination of matters in
the Board of Appeal;
4) ensure the compliance of the qualification of the members
of the Board of Appeal with the merits of the matters to be
examined, including by taking care of the raising of
qualification, training and the required additional
specialisation of the members of the Board of Appeal, taking into
account the provisions of Paragraphs two and three of Section 38
of this Law;
5) manage the preparation of the reports on the activities of
the Board of Appeal.
(2) The obligations of the chairperson of the Board of Appeal
during his or her temporary absence shall be performed by the
member of the Board of Appeal, who by a majority of votes is
appointed from amongst its members by the members of the Board of
Appeal present.
(3) The chairperson of the Board of Appeal shall perform his
or her obligations in parallel with the obligations of the member
of the Board of Appeal. The chairperson of the Board of Appeal
shall be subjected to the regulations regarding members of the
Board of Appeal, insofar as it is not provided for otherwise in
this Law.
Section 24. Member of the Board of
Appeal
(1) A member of the Board of Appeal shall:
1) participate in the examination of a matter in the Board of
Appeal, if he or she is included in the composition for the
examination of the matter;
2) chair the examination of a matter if he or she has been
appointed as the chairperson of the composition for the
examination of the matter.
(2) A member of the Board of Appeal, when performing his or
her obligations shall ensure confidentiality with regard to
taking of a decision and materials of the matter, the disclosure
of which might harm the lawful interests of persons.
(3) A member of the Board of Appeal has an obligation to
continuously improve his or her qualification, become acquainted
with the special literature, case law and rulings of the Court of
Justice of the European Union in the field of industrial
property.
Section 25. Secretary of the Board
of Appeal
(1) The secretary of the Board of Appeal shall be an employee
of the Patent Office who ensures secretarial and office work of
the Board of Appeal.
(2) The secretary of the Board of Appeal shall ensure
confidentiality with regard to taking of a decision and materials
of the matters, the disclosure of which might harm the lawful
interests of persons.
Section 26. Procedures for
Appointing and Dismissing the Composition of the Board of
Appeal
(1) The chairperson of the Board of Appeal and members of the
Board of Appeal, upon a proposal of the Minister for Justice,
shall be appointed by the Cabinet for a time period of seven
years.
(2) The Cabinet, upon a proposal of the Minister for Justice,
may repeatedly appoint the chairperson of the Board of Appeal or
a member of the Board of Appeal for a new term of office. In the
same procedures a member of the Board of Appeal may be approved
as the chairperson of the Board of Appeal, or the chairperson of
the Board of Appeal may be approved as a member of the Board of
Appeal.
(3) If so requested by the chairperson of the Board of Appeal
or a member of the Board of Appeal, the Minister for Justice
shall release them from performance of their obligations before
the end of their term of office, or shall release the chairperson
of the Board of Appeal from the obligations of the chairperson,
maintaining the status of a member of the Board of Appeal.
(4) In the cases provided for in this Law, the Cabinet upon a
proposal of the Minister for Justice shall dismiss the
chairperson of the Board of Appeal or a member of the Board of
Appeal before the end of their term of office.
Section 27. Applicants for the
Position of a Member of the Board of Appeal and Their
Selection
(1) The following person may be a member of the Board of
Appeal:
1) who is a citizen of the Republic of Latvia;
2) who is fluent in the official language at the highest
level;
3) who has impeccable reputation;
4) who has acquired academic or second-level higher vocational
education, master's degree or similar higher education;
5) who has at least five years of experience in the field
related to protection of industrial property;
6) who has passed the certification examination of the
applicant for the position of a member of the Board of
Appeal.
(2) The applicants for the position of a member of the Board
of Appeal shall be selected by the means of competition. The
selection procedure of applicants shall be carried out by the
commission for the selection of the applicants for the position
of a member of the Board of Appeal (hereinafter - the selection
commission) consisting of five persons, appointed by the Minister
for Justice. The selection commission shall consist of:
1) a representative of the Ministry of Justice;
2) a representative of the Patent Office;
3) a judge of the City of Rīga Vidzeme Urban District
Court;
4) a representative of the organisation of professional patent
attorneys;
5) a representative of the academic staff of institutions of
higher education.
(3) The representative of the Ministry of Justice shall be the
chairperson of the selection commission.
(4) The selection commission shall organise and conduct
certification examination of the applicants for the position of a
member of the Board of Appeal and certification examination of
the members of the Board of Appeal. The procedures and the
required amount of knowledge for the certification examination of
the applicants for the position of a member of the Board of
Appeal and certification examination of the members of the Board
of Appeal shall be determined by the Cabinet.
(5) All applicants for the position of a member of the Board
of Appeal shall take a certification examination on the general
matters of the protection of industrial property and in the field
of trade mark protection, but optionally may also take
examinations in additional specialisations - in the field of
patent protection or design protection.
(6) If it is necessary to ensure the compliance of the current
composition of the Board of Appeal with the matter to be examined
on its merits in accordance with the requirements of Section 38,
Paragraphs two and three of this Law, the certification
examination in the respective additional specialisation shall be
taken by a member of the Board of Appeal.
(7) The selection commission shall draw up a proposal to the
Minister for Justice regarding the applicants for the position of
members of the Board of Appeal and the position of the
chairperson of the Board of Appeal from the list of persons who
have passed the certification examination of the applicants for
the position of a member of the Board of Appeal.
Section 28. Disciplinary
Responsibility of Members of the Board of Appeal
(1) A member of the Board of Appeal may be subjected to
disciplinary liability if the following is found in his or her
activities:
1) intentional violation of laws and regulations during
examination of a matter;
2) failure to fulfil the work obligations;
3) gross negligence during the examination of a matter;
4) an action inappropriate for the status of a member of the
Board of Appeal, dishonourable action;
5) failure to observe the restrictions and prohibitions
provided for a member of the Board of Appeal by the law.
(2) The revoking or amendment of a decision of the Board of
Appeal, as well as the fact that a decision has not entered into
effect because the court has made a ruling which differs in its
nature shall not serve as a reason for the member of the Board
who had participated in the taking of the decision to be
subjected to liability, unless during the examination of the
matter he or she has intentionally violated laws and regulations
or made gross negligence.
(3) The Minister for Justice may initiate a disciplinary
matter against a member of the Board of Appeal:
1) upon a proposal of the Director of the Patent Office;
2) upon proposal of the organisation of professional patent
attorneys;
3) due to a complaint received;
4) upon his or her own initiative.
(4) If a disciplinary matter has been initiated against a
member of the Board of Appeal, the Minister for Justice, if he or
she considers it to be necessary, may suspend the member of the
Board of Appeal from the office by maintaining the monthly
salary, but not longer than until the decision is taken in the
disciplinary matter.
(5) For a time period during which the pre-trial criminal
proceedings and proceedings in a criminal case take place, the
Minister for Justice shall suspend from the office the member of
the Board of Appeal who is suspected or accused of an intentional
criminal offence or on whom in accordance with the procedures
laid down in the Criminal Procedure Law a security measure
related to prohibition from specific employment that prevents him
or her from performing the obligations of a member of the Board
of Appeal has been imposed.
(6) The commission of disciplinary matters of members of the
Board of Appeal (hereinafter in this Section - the disciplinary
commission) for the examination of a disciplinary matter shall be
set up by the Minister for Justice.
(7) The Minister for Justice may, by taking into account the
opinion of the commission of disciplinary matters, impose the
following disciplinary sanctions to a member of the Board of
Appeal:
1) issue a reproof;
2) issue a reprimand;
3) reduce the monthly salary for a time period of up to one
year, withholding up to 20 per cent of the salary.
(8) The Minister for Justice shall, by taking into account the
opinion of the commission of disciplinary matters, draw up a
proposal to the Cabinet on dismissal of the member of the Board
of Appeal, if the nature of the offence is such that his or her
subsequent activities in performance of the obligations is not
permissible.
(9) Disciplinary matters of members of the Board of Appeal
shall be examined, disciplinary violations established and
disciplinary sanctions applied in accordance with the principles
and procedures laid down for the examination of disciplinary
matters of State civil servants insofar as it is not laid down
otherwise in this Law.
Chapter V
Basic Conditions for the Examination of Matters in the Board of
Appeal
Section 29. Directness and
Objectivity of the Examination of a Matter
(1) The Board of Appeal, upon examining the disputes under its
competence, shall objectively clarify the facts of the matter and
examine the evidence itself.
(2) The Board of Appeal, upon examining matters, shall ensure
objectivity and give the participants in the matter a reasonable
opportunity to express their point of view and to present
evidence, as well as to become acquainted with the materials of
the matter.
(3) The Board of Appeal shall substantiate its decision with
the facts necessary for taking of the decision, and with the
consequent objective and rational legal considerations.
Section 30. Matters of Appeal and
Matters of Opposition
(1) If a notice of appeal has been submitted against a
decision of the Patent Office (matter of appeal), such matter
shall be examined between the submitter of the notice of appeal
and the Patent Office.
(2) If a notice of opposition has been submitted to
registration of an object of industrial property (matter of
opposition), such matter shall be examined between the submitter
of the notice of opposition and the owner of the contested
registration.
Section 31. Equality of the Parties
and Adversary Proceedings
(1) The parties shall have equal procedural rights. The Board
of Appeal shall ensure that the parties have equal opportunities
to exercise their rights for the protection of their
interests.
(2) In the course of the examination of a matter, the parties
shall exercise their procedural rights in the form of adversary
proceedings. In adversary proceedings, the parties may provide
explanations, submit evidence and submissions addressed to the
Board of Appeal, participate in the examination and assessment of
evidence, debates of the parties, and take other procedural
activities in accordance with the procedures laid down in this
Law.
(3) In order to establish the true circumstances of a matter
within the limits of the claim, the Board of Appeal may, upon its
own initiative, clarify the facts which are relevant to the
dispute and which are available in the registers of industrial
property and other public registers.
Section 32. Examination of a Matter
in the Board of Appeal
(1) The Board of Appeal shall examine matters in a written
procedure.
(2) Upon examining a matter in the written procedure, the
Board of Appeal shall clarify the circumstances of the matter on
the basis of the evidence included in the matter, and shall
request in writing the necessary information from the
participants in the matter.
(3) Upon examining a matter in the written procedure, the
Board of Appeal shall ensure that the principles laid down in
Section 31 of this Law are observed. Upon a request of a
participant in the matter, the Board of Appeal shall give him or
her an opportunity to carry out the examination of the evidence
in the work premises of the Board of Appeal.
(4) The Board of Appeal, at its discretion or upon a request
of a participant in the matter, may determine the examination of
a matter in a session of the Board of Appeal. If the examination
in the oral procedure is requested by the participant in the
matter, the request shall be accompanied by a document confirming
the payment of the additional fee set for the examination of a
matter in the oral procedure.
(5) Regardless of whether the matter is examined in the
written or oral procedure, the Board of Appeal, at its own
discretion or upon a motivated request of a participant in the
matter, may determine a session of the Board of Appeal for
carrying out a separate procedural activity or for the
clarification or resolving of a procedural issue.
Section 33. Transparency of the
Examination of a Matter
(1) The Board of Appeal shall examine matters openly.
(2) In order to protect professional or commercial secrets, as
well as in other cases where the open examination of specific
materials of the matter may harm the lawful interests of a
person, upon a motivated request of a participant in the matter
or at the discretion of the Board of Appeal, the Board of Appeal
may declare the examination of the matter, session or part
thereof to be closed.
(3) In the case referred to in Paragraph two of this Section
the Board of Appeal shall ensure to a participant in the matter
the rights to become acquainted with the respective materials of
the matter, preventing copying, photographing, scanning, or
making of other types of derivatives.
(4) The participants in the matter and, if necessary, an
interpreter shall take part in the closed session of the Board of
Appeal.
(5) The course of an open session of the Board of Appeal with
a permission of the Board of Appeal may be recorded (sound or
image recording and transmission equipment may be used), provided
that the course of the session is not disturbed.
(6) In matters that are examined in an oral procedure, the
operative part of a decision of the Board of Appeal shall be
pronounced publicly.
(7) The parts of a decision of the Board of Appeal which
relate to the materials of a matter referred to in Paragraph two
of this Section or contain other restricted access information,
shall not be published, but shall be replaced with a notice why
the respective part of the decision is not generally
accessible.
Section 34. Language of the
Examination of a Matter
(1) The Board of Appeal shall examine matters in the official
language.
(2) A participant in the matter who does not know the official
language, has the right to become acquainted with the materials
of the matter and participate in the examination procedure, using
the assistance of an interpreter. The services of an interpreter
shall be ensured by the participant in the matter.
(3) Written evidence in a foreign language shall be submitted
by the participant in the matter, by attaching a translation into
the official language which is certified in accordance with the
procedures laid down in laws and regulations.
(4) If all participants in the matter agree, the Board of
Appeal may authorise submission of certain documents and written
evidence in a foreign language without a translation which is
certified in accordance with the procedures laid down in laws and
regulations.
(5) Decisions of the Board of Appeal and minutes of sessions
shall be drawn up in the official language.
Section 35. Services of the Board of
Appeal
(1) Examination of matters of appeal and matters of opposition
and the related activities which within its competence are
carried out by the Board of Appeal, shall be paid services.
(2) The Cabinet shall determine the price list of paid
services of the Board of Appeal, the payment procedures thereof
and reliefs.
Section 36. Application of the
Regulations Provided for the Registration and Post-registration
Procedures in the Board of Appeal
The Board of Appeal shall apply the regulations provided for
the registration and post-registration procedures laid down in
this Law regarding submission of documents, indication of persons
and addresses, identification of applications and registrations,
authenticity of personal signatures and documents, insofar as the
industrial property laws and regulations do not provide
otherwise.
Chapter
VI
Composition for the Examination of a Matter in the Board of
Appeal
Section 37. Composition for the
Examination of a Matter
(1) Examination of a matter by the Board of Appeal shall be
carried out in the composition of three members of the Board of
Appeal (hereinafter - the composition for examination of a
matter).
(2) Decisions of procedural nature needed during the course of
preparation of the matter shall be taken by the chairperson of
the composition for the examination of the matter, except in the
case where the respective procedural decision is taken by the
composition for the examination of the matter, or the case when
the chairperson of the composition for the examination of a
matter decides that the procedural issue should be transferred to
the composition for the examination of the matter for collegial
examination.
(3) Upon examining a matter collegially, members of the Board
of Appeal included in the composition for the examination of the
matter have equal rights to participate in the deciding of the
issues related to the examination of the matter and taking of the
decisions. The members of the Board of Appeal shall decide the
issues related to the examination of a matter and take decisions
of the Board of Appeal by majority vote. None of the members of
the Board of Appeal included in the composition for the
examination of a matter are entitled to refrain from voting.
(4) Examination of a matter shall be chaired by the
chairperson of the composition for the examination of a matter.
He or she shall also perform the obligations of the rapporteur
and prepare a draft decision of the Board of Appeal, except in
case when the chairperson of the Board of Appeal has assigned
these obligations to another member of the Board of Appeal.
(5) Examination of a matter on its merits shall be carried out
by a constant composition for the examination of the matter. If
during the course of the examination of a matter, any of the
members of the Board of Appeal in the composition for the
examination of the matter is substituted by another member, the
examination of the matter on its merits shall be started
anew.
Section 38. Approval of the
Composition for the Examination of a Matter
(1) If the Board of Appeal has received a notice of appeal or
notice of opposition, the chairperson of the Board of Appeal
shall approve the composition for the examination of the matter,
and approve one of the members of the Board of Appeal as the
chairperson of the composition for the examination of the matter.
The composition for the examination of a matter shall be
published on the website of the Patent Office.
(2) Upon the examination of patent disputes, disputes
concerning supplementary protection certificates for medicinal
products and plant protection products, and disputes relating to
topographies of semiconductor products, at least one member of
the Board of Appeal who has additionally specialised in the field
of patent protection shall be included in the composition for
examination of the matter.
(3) Upon the examination of design disputes, at least one
member of the Board of Appeal who has additionally specialised in
the field of protection of designs shall be included in the
composition for the examination of the matter.
(4) If, after the commencement of the examination of a matter
the composition for the examination of the matter changes
(Section 37, Paragraph five), the chairperson of the Board of
Appeal shall approve a new composition for the examination of the
matter and publish it in accordance with the procedures laid down
in Paragraph one of this Section.
Section 39. Withdrawal of a Member
of the Board of Appeal or an Objection Thereto
(1) A member of the Board of Appeal is not entitled to
participate in the examination of a matter if:
1) he or she has participated in the taking of the decision of
the Patent Office against which the notice of appeal to be
examined has been submitted;
2) he or she is personally directly or indirectly interested
in the outcome of the matter;
3) there are other circumstances that are not acceptable for a
public official or may give rise to justifiable doubts as to the
objectivity of the member of the Board of Appeal.
(2) If the circumstances referred to in Paragraph one of this
Section exist, before examination of the matter the member of the
Board of Appeal shall inform the chairperson of the Board of
Appeal thereon and withdraw himself or herself from the
examination of the matter by stating the grounds. A member of the
Board of Appeal shall, without delay, withdraw himself or herself
also if he or she finds such circumstances within the examination
of the matter.
(3) If in the case referred to in Paragraph one of this
Section a member of the Board of Appeal has failed to withdraw
himself or herself, the participants in the matter may raise an
objection to him or her.
(4) Objection shall be raised and motivated before the
examination of the matter on its merits. An objection may be
raised later if the person who raises the objection has become
aware of the grounds thereof within the examination of the
matter.
(5) The remaining composition for the examination of the
matter shall examine the validity of objection and take a
decision. If, upon taking a decision on the validity of the
objection, members of the Board of Appeal vote equally, the
member of the Board of Appeal shall be removed.
(6) If a member of the Board of Appeal has withdrawn himself
or herself or has been removed, the chairperson of the Board of
Appeal shall substitute this member of the Board of Appeal with
another member. If a member of the Board of Appeal withdraws
himself or herself or an objection has been satisfied within a
session of the Board of Appeal, the examination of the matter
shall be postponed.
Chapter
VII
Participants in a Matter, Their Rights and Obligations
Section 40. Participants in a
Matter
(1) Participants in a matter of appeal shall be:
1) the submitter of the notice of appeal;
2) the Patent Office;
3) a third person;
4) representatives of the persons referred to in Clauses 1, 2,
and 3 of this Paragraph.
(2) Participants in a matter of opposition shall be:
1) the submitter of the notice of opposition;
2) the owner of the contested registration;
3) a third person;
4) representatives of the persons referred to in Clauses 1, 2,
and 3 of this Paragraph.
Section 41. Rights and Obligations
of the Participants in a Matter
(1) A participant in a matter shall have the following
rights:
1) to become acquainted with the materials of the matter, make
extracts, true copies thereof and make copies;
2) to raise an objection;
3) to submit evidence;
4) to provide explanations to the Board of Appeal, express his
or her arguments and observations on the circumstances of the
matter;
5) to participate in examination of the evidence;
6) to submit requests, including request that for a matter to
be examined in a written procedure a session of the Board of
Appeal is determined for carrying out a separate procedural
activity, for clarification or resolution of a procedural issue,
as well as to request that this matter is examined in an oral
procedure;
7) to participate in a session of the Board of Appeal, if the
matter is examined in an oral procedure or if a session of the
Board of Appeal has been determined for carrying out a separate
procedural activity;
8) to contest requests, arguments, and observations of another
participant in the matter;
9) to receive true copies of the decisions and other documents
of the Board of Appeal, as well as to use other procedural rights
which have been granted to the participant in a matter by this
Law.
(2) A submitter of a notice of appeal and a submitter of a
notice of opposition have the right to fully or partially
withdraw from the claim included in the notice of appeal or
notice of opposition.
(3) The owner of the contested registration in a matter of
opposition is entitled to provide counterarguments to the claim
included in the notice of opposition or to recognise it fully or
in part.
(4) In a matter of opposition, the parties may conclude
settlement.
(5) In a matter of appeal the Patent Office may fully or in
part recognise the claim included in the notice of appeal, but it
is not entitled to expand the legal basis of the contested
decision of the Patent Office.
(6) Participants in the matter have the right to contest the
decision taken by the Board of Appeal and apply to the court in
accordance with the procedures laid down in the Law.
(7) A participant in a matter has an obligation:
1) to provide explanations to the Board of Appeal;
2) upon invitation to attend a session of the Board of Appeal
or in a timely manner to notify the reasons why he or she is
unable to attend it, by submitting relevant evidence;
3) to perform other procedural obligations imposed to him or
her by this Law.
(8) The owner of a contested registration in a matter of
opposition is entitled to refuse to provide explanations or from
other obligations, and may request that the matter is examined on
the basis of the existing materials in it.
(9) The participant in a matter has an obligation to exercise
his or her rights and perform his or her obligations in good
faith.
Section 42. Third Person
(1) A third person who does not submit independent claims, may
enter the matter before the completion of the examination of the
matter on its merits, if the decision of the Board of Appeal in
the respective matter may affect the rights or legal interests of
such party or obligations towards any of the participants in the
matter.
(2) The third person shall be granted the status of a
participant in the matter with a decision of the chairperson of
the composition for the examination of the matter, upon a request
of the party. The third person may be invited to participate in
the matter also upon an initiative of a participant in the matter
or the Board of Appeal.
(3) In the submission regarding invitation of a third person
and in a submission of a third person regarding entering the
matter, the grounds on which the third person is allowed to
participate in the matter shall be indicated.
(4) A person to whom the status of a third person has been
granted in the procedure of the Patent Office already before
examination of the matter by the Board of Appeal, is entitled to
be a participant in the matter without independent claims, if the
Board of Appeal is examining a dispute related to the relevant
procedure of the Patent Office.
(5) If in the course of the examination of a matter it is
established that such person has been invited or admitted to the
matter in the status of a third person whose rights or legal
interests cannot be affected by the decision taken by the Board
of Appeal in the relevant matter, the chairperson of the
composition for the examination of the matter shall decide on the
removal of the status of a third person for this person.
(6) A third person shall have the procedural rights and
obligations of a participant in the matter, except the rights to
amend the grounds or subject of the notice of appeal or notice of
opposition, to withdraw from the claim included in the notice of
appeal or notice of opposition or to recognise it.
Section 43. Assumption of Procedural
Rights
(1) If any of the participants in the matter withdraw (for
example, a natural person has died, a legal person has ceased to
exist), the Board of Appeal may substitute this participant in
the matter with his or her successor in title.
(2) In a matter of opposition, in case of change of the owner
of a contested registration, the Board of Appeal shall substitute
the former owner with his or her successor in title, as soon as
the information on the change of the owner has been included in
the register.
(3) If the Board of Appeal is informed about the fact that
information on the change of the owner of the opposing rights (in
a matter of opposition) has been included in the register, or if
the applicant or owner who has submitted the notice of appeal has
been substituted by another person, the Board of Appeal shall,
without delay, inform the respective person on the opposition or
appeal proceedings. If upon an invitation of the Board of Appeal
the abovementioned person (the new applicant, the new owner)
fails to notify the Board of Appeal within three months of the
fact that he or she maintains the notice of opposition or the
notice of appeal, the Board of Appeal does not have an obligation
to examine the matter of opposition or matter of appeal, and the
composition for the examination of the matter is entitled to take
a decision to close the proceedings.
(4) Assumption of procedural rights shall be possible at any
stage of the examination of the matter.
(5) The activities that have been executed in the procedure
for the examination of the matter before intervention of the
successor in title shall be equally binding on him or her as they
were on the person whose rights have been assumed.
Chapter
VIII
Procedural Time Periods
Section 44. Procedural Time Periods
for the Activities of the Board of Appeal
(1) In the Board of Appeal the procedural activities shall be
carried out within the time periods laid down in this Law or in
other industrial property laws and regulations. If the procedural
time period has not been determined in a law or regulation, it
shall be determined by the Board of Appeal.
(2) The time period determined by the Board of Appeal shall be
such that it is possible to execute the procedural activities,
without delaying the examination of the matter. If there is no
good reason for determining a different time period, the Board of
Appeal shall determine the time period of two months.
(3) If during the determined time period the fee for the
submission of a notice of appeal or notice of opposition or the
fee for procedural activity in the Board of Appeal has not been
paid, a time period of one month shall be determined for the
payment thereof, unless otherwise provided by an industrial
property law or regulation.
(4) Upon hearing a participant in the matter and
substantiating the grounds, the Board of Appeal is entitled to
determine a reasonable time period, which is different from that
provided for in Paragraph two or three of this Section, but not
longer than three months.
(5) Unless it has been laid down otherwise in an industrial
property law or regulation or in the document of the Board of
Appeal by which the time period has been determined, the time
period for the execution of procedural activities in the Board of
Appeal shall start on the next day after the date, on which the
respective document of the Board of Appeal is to be considered as
notified in accordance with the norms of the Law On
Notification.
Section 45. Suspension of a
Procedural Time Period
Upon suspending the examination of a matter in the Board of
Appeal, also counting of the time period shall be suspended.
Counting of the time period shall be suspended at the moment when
a circumstance which serves as the ground for suspending the time
period occurs. Counting of the procedural time period shall
continue from the day when the examination of the matter is
renewed.
Section 46. Renewal of a Procedural
Time Period
(1) The delayed procedural time periods, except the time
periods which in this Law or in other industrial property laws
and regulations are determined as non-renewable, upon a request
of a participant in the matter may be renewed by the Board of
Appeal, if it recognises that the reason for the delay is
justified.
(2) A request for the renewal of the delayed procedural time
period shall be submitted within three months after the end of
the respective time period.
(3) When renewing the delayed time period, the Board of Appeal
shall also permit execution of the delayed procedural
activity.
Section 47. Extension of a
Procedural Time Period
(1) The procedural time period, except those that under this
Law or other industrial property laws and regulations have been
identified as non-extendable, upon a request of a participant in
the matter may be extended by the Board of Appeal for a time
period not exceeding three months.
(2) A request for extension of a procedural time period shall
be submitted before the end of the determined time period. A
request for the extension of a procedural time period submitted
after the end of this time period shall be considered as the
request for the renewal of the procedural time period.
Section 48. Procedures for the
Extension and Renewal of a Procedural Time Period
(1) A reasoned request for the extension of a procedural time
period or renewal of a delayed procedural time period shall be
submitted to the Board of Appeal. The request for the renewal of
a delayed time period shall be accompanied by evidence proving
the reasons justifying the delay of the time period.
(2) The request provided for in Paragraph one of this Section
shall be considered submitted, if within the time period
determined for its submission the fee for the extension of the
procedural time period or fee for the renewal of the delayed
procedural time period has been paid.
(3) An issue on the extension or renewal of a procedural time
period shall be decided by the chairperson of the composition for
the examination of the matter, or if the composition for the
examination of the matter is not yet approved, by the chairperson
of the Board of Appeal, in the written procedure within seven
days from the day of the receipt of the request provided for in
Paragraph one of this Section, without hearing the point of view
of other participants in the matter.
(4) If a participant in a matter repeatedly requests an
extension of the procedural time period, the request shall be
accompanied by a document certifying the payment of the
additional fee determined for a repeated extension of the
procedural time period. In deciding on an issue of repeated
extension of the procedural time period, the Board of Appeal
shall hear other participants in the matter. When assessing the
usefulness of the extension of the time period, it shall be taken
into account whether the repeated extension will not unduly delay
the examination of the matter.
(5) A decision taken by the chairperson of the composition for
the examination of a matter or by the chairperson of the Board of
Appeal sitting alone on an issue of the renewal or extension of a
procedural time period may be contested in accordance with the
procedures laid down in Section 97 of this Law.
(6) The provisions for the continuation of the proceedings and
the reinstatement of rights provided for in the industrial
property laws and regulations shall not be applied in the
procedures of the Board of Appeal insofar as it is not laid down
otherwise in this Law.
Chapter
IX
Regulations Regarding Evidence
Section 49. Evidence and Evidentiary
Means
(1) Evidence is information by which the claims and
counter-arguments of the participants in the matter are
substantiated, as well as other information, which has
significance in examination of the matter.
(2) Evidentiary means may be written evidence, explanations of
the parties and third persons, and material evidence, which
contain information on the facts relating to the matter to be
examined.
Section 50. Burden of Proof
(1) Each participant in a matter shall prove the circumstances
to which they refer.
(2) The Patent Office in a matter of appeal may refer only to
the justifications stated in the contested decision of the Patent
Office.
(3) If the evidence submitted by the participants in a matter
is not sufficient, the Board of Appeal shall invite the
participant in the matter, to whom such evidence is accessible,
to submit it.
Section 51. Grounds for Exemption of
Proving
(1) Facts that have been recognised by the Board of Appeal as
generally known, need not be proven.
(2) The Board of Appeal may recognise a fact as proven, if
other participants in the matter do not contest it.
(3) A fact that has been established with an effective
judgement of the court, or a decision of the Board of Appeal,
need not be proved anew, upon examining in the Board of Appeal a
matter involving the same participants in the matter.
Section 52. Assessment of
Evidence
(1) The Board of Appeal shall assess the evidence according
its own convictions, based on a comprehensive, fully and
objectively verified evidence, as well as guided by legal
awareness based on the rules of logic, scientific knowledge,
principles of justice, and observations gained from
experience.
(2) In its decision the Board of Appeal shall specify why it
has given priority to one evidence as compared to other evidence,
and has recognised one fact as proven, but other facts - as not
proven.
Section 53. Explanations
(1) Explanations of the parties and third persons, which
contain information on the facts, by which the claims or
oppositions of these parties and third persons have been
justified, shall be recognised as evidence, if they are confirmed
by other evidence verified and evaluated in the matter.
(2) If one party recognises the facts, by which the other
party justifies its claims or oppositions, the Board of Appeal
may find such facts as proven, if it has no doubt that the
recognition has not been made as a result of fraud, violence,
threats or deceit or for the purpose of concealing the truth.
Section 54. Written Evidence
(1) Written evidence shall be information regarding facts
which are relevant to the matter to be examined, which with the
help of letters, numbers and other signs or technical means have
been recorded in documents, in other writings, also in the
respective systems of records, including audio recordings and
video recordings, recordings in disks and other information
media.
(2) Written evidence, depending on their significance in the
matter to be examined, shall be submitted in the original form,
in the form of a certified or uncertified true copy, copy,
print-out or extract.
(3) For print-outs from generally accessible databases and
websites their extraction time and place shall be indicated.
(4) For photos and other records made with the help of
technical means their time and place of emergence, as well as
other information which is relevant to the examination of the
matter shall be indicated.
(5) A participant in the matter may receive back a document or
other written evidence, which has been submitted to the Board of
Appeal in the original copy, if he or she submits a respective
true copy, copy, or an extract. The correctness of such true
copy, copy or extract may be certified by the chairperson of the
Board of Appeal or by the chairperson of the composition for the
examination of the matter.
Section 55. Evidence of Registered
Subject Matter
(1) Evidence of registered subject matter shall be the
registration certificate issued by the registration authority,
the official publication of the registration, an extract from a
register or a print-out from a database.
(2) The Board of Appeal may recognise the rights as proven
with a non-certified copy of a registration certificate or
official publication, non-certified extract from a register or
non-certified print-out from a database if other participants in
the matter do not contest such evidence.
(3) The Board of Appeal is entitled to request from a
participant in the matter an up-to-date extract from a register
(certified or non-certified) or other evidence if there is a
reason to believe that, in comparison with the information in the
matter, amendments may be introduced to the registration, which
cannot be established from generally accessible databases.
(4) A participant in the matter who relies on objects of
industrial property registered in the Patent Office shall submit
the information on them necessary for examination of the
matter.
Section 56. Material Evidence
(1) Material evidence is tangible objects which with their
qualities, characteristics, or their existence might be useful to
establish the facts which are relevant to the matter.
(2) The Board of Appeal shall only collect such material
evidence, which can be stored with the materials of the matter to
be examined. If the storage of material evidence is not possible,
the participant in the matter may submit a motivated request to
inspect the evidence in a session of the Board of Appeal (Section
32, Paragraph five) and request that photos or, if necessary, a
video recording of this material evidence is added to the
matter.
Chapter X
Initiation of a Matter in the Board of Appeal
Section 57. Grounds for Initiation
of a Matter
The grounds for the initiation of a matter in the Board of
Appeal shall be the following documents submitted in accordance
with specific procedures and time period:
1) a notice of appeal against a decision of the Patent
Office;
2) a notice of opposition to the registration of an object of
industrial property in Latvia, also a notice of opposition to the
entering into effect of international registration (if it refers
to Latvia) of a trade mark or design in Latvia (Chapter XVI).
Section 58. Submission of a Notice
of Appeal
(1) If the applicant or another addressee of the decision of
the Patent Office (owner, former owner, successor of property
rights, licensee) completely or partly disagrees with the
decision of the Patent Office, which has been taken in the
registration or post-registration procedure, he or she is
entitled to, upon paying the fee for the submission of a notice
of appeal, submit a motivated written notice of appeal to the
Patent Office within three months from the day when the decision
is notified.
(2) If a decision of the Patent Office does not terminate the
procedure regarding the addressee of the decision, a notice of
appeal thereof may be submitted, when the final decision has been
taken in the respective registration or post-registration
procedure, if the possibility to submit a notice of appeal has
not been indicated therein.
(3) The notice of appeal shall suspend execution of the
decision of the Patent Office.
(4) The Patent Office shall, without delay, hand over the
submitted notice of appeal to the Board of Appeal.
Section 59. Notice of Appeal
(1) The following shall be indicated in a notice of
appeal:
1) the submitter of the notice of appeal and his or her
address, as well as the representative of the submitter of the
notice of appeal, if such has been appointed, and his or her
address in accordance with the provisions of Section 13 of this
Law;
2) the date of the appealed decision of the Patent Office and
the application or registration to which the decision refers (the
application and registration shall be indicated in accordance
with the provisions of Section 15 of this Law);
3) the subject and the substantive grounds of the notice of
appeal (analysis of those grounds of the decision of the Patent
Office, to which the submitter of the notice of appeal does not
agree; explanations or justifications of the submitter of the
notice of appeal; characterisation of the circumstances of the
matter and reference to the evidence; reference to the norms,
which are not observed or to which the decision of the Patent
Office does not comply, or which justify the notice of
appeal);
4) the claim of the submitter of the notice of appeal;
5) the place and time of rendering of the notice of
appeal;
6) the list of attached documents.
(2) Also other information, which is considered significant by
the submitter for the examination of the matter, may be indicated
in the notice of appeal.
(3) The notice of appeal shall be addressed to the Board of
Appeal, and it shall be signed by the submitter of the notice of
appeal or his or her representative. If a notice of appeal is
submitted by a representative on behalf of its submitter, he or
she in accordance with the provisions of Chapter XVII of this Law
shall attach to the notice of appeal a power of attorney or a
reference to a power of attorney previously submitted to the
Patent Office or the Board of Appeal.
Section 60. Submission of a Notice
of Opposition
(1) The persons determined in the industrial property laws and
regulations in the presence of the legal basis provided for in
these laws and regulations may submit to the Board of Appeal a
written reasoned notice of opposition to the registration of an
object of industrial property by requesting for it to be declared
invalid, fully or in part.
(2) A notice of opposition shall be submitted by paying the
fee for the submission of a notice of opposition, within the time
period laid down in the industrial property law or regulation.
The time periods laid down in the industrial property laws and
regulations for the submission of a notice of opposition shall
not be extended or renewed, they are not subject to the
provisions for the continuation of proceedings or reinstatement
of rights.
(3) After the end of the time period for the submission of a
notice of opposition the submitter of the notice of opposition is
not entitled to introduce amendments to the initial legal basis
of the notice of opposition that would extend it. The submitter
of a notice of opposition has the right to submit additional
documents and evidence in accordance with the procedures laid
down in this Law, confirming the facts by which the notice of
opposition has been justified.
(4) A notice of opposition submitted to the registration of an
object of industrial property shall not prevent this registration
from being contested in the court in accordance with the civil
procedures laid down in laws and regulations.
Section 61. Notice of Opposition
(1) The following shall be indicated in a notice of
opposition:
1) the submitter of the notice of opposition and his or her
address, as well as the representative of the submitter of the
notice of opposition, if such has been appointed, and his or her
address (name and address of persons shall be indicated in
accordance with the provisions of Section 13 of this Law);
2) the registration of an object of industrial property to
which the notice of opposition has been submitted (the
registration shall be indicated in accordance with the provisions
of Section 15 of this Law);
3) the subject of the notice of opposition (explanations of
the submitter of the notice of opposition or justification of
notice of opposition; characterisation of the circumstances of
the matter and reference to evidence);
4) the information regarding earlier rights if the notice of
opposition is based on the existence of earlier rights
(applications and registrations shall be indicated in accordance
with the provisions of Section 15 of this Law);
5) the substantive grounds of the notice of opposition
(reference to the norms, which have been violated, upon
registering the contested rights for the object of industrial
property, or with which the notice of opposition has been
justified);
6) the claim of the submitter of the notice of opposition;
7) the place and time of rendering of the notice of
opposition;
8) the list of attached documents.
(2) Also other information which is considered significant by
the submitter for the examination of the matter may be indicated
in the notice of opposition.
(3) The notice of opposition shall be addressed to the Board
of Appeal, and it shall be signed by the submitter of the notice
of opposition or his or her representative. If a notice of
opposition is submitted by a representative on behalf of its
submitter, he or she in accordance with the provisions of Chapter
XVII of this Law shall attach to the notice of opposition a power
of attorney or a reference to a power of attorney previously
submitted the Patent Office or the Board of Appeal.
Section 62. Attaching of Documents,
Evidence and Other Additions
(1) Documents and other evidence confirming the following
shall be attached to a notice of appeal or a notice of
opposition:
1) payment of the fee for the submission of a notice of appeal
or notice of opposition;
2) the circumstances with which a notice of appeal or notice
of opposition has been justified.
(2) A notice of appeal or notice of opposition and the
attached documents shall be submitted to the Board of Appeal with
as many true copies as the number of participants in the matter,
excluding the submitter of the notice of appeal or notice of
opposition.
(3) The evidence and other additions needed for the
examination of the matter shall be submitted within the time
period determined in this Law or, if the Board of Appeal has
invited them to be submitted - within the time period determined
by the Board of Appeal.
(4) Evidence of all the earlier rights, on which a notice of
opposition is based, shall be submitted together with the notice
of opposition in conformity with the time period for the
submission of a notice of opposition laid down in industrial
property law or regulation.
(5) If the examination of a matter has been determined in the
oral procedure (Section 32, Paragraph four of this Law) or if a
session of the Board of Appeal has been determined for carrying
out a separate procedural activity, for clarification or
resolution of a procedural issue (Section 32, Paragraph five of
this Law), the participants in the matter have an obligation to
ensure that not later than 14 days before the date of the session
all written evidence needed for the examination of the matter or
for carrying out the respective procedural activity,
clarification or resolving of the procedural issues are received
by the Board of Appeal.
(6) If evidence or other additions, other than those referred
to in Paragraphs one and four of this Section, are submitted by a
participant in a matter without complying with the time period
laid down in this Law or determined by the Board of Appeal, the
Board of Appeal shall add it to the matter, if it recognises,
that:
1) they are significant for the examination of the matter;
2) the time period for the submission is not observed due to a
justified reason;
3) with the addition thereof the examination of the matter is
not unduly delayed.
(7) All additions to a notice of appeal or to a notice of
opposition, as well as the response to a notice of opposition and
other documents that are submitted separately from the initial
notice of appeal or notice of opposition shall be supplemented
with a reference to the respective notice of appeal or notice of
opposition.
Section 63. Decision on a Submitted
Notice of Appeal or Notice of Opposition
(1) Within three working days after receipt of a notice of
appeal or notice of opposition the chairperson of the Board of
Appeal shall instruct the secretary of the Board of Appeal to
commence proceedings regarding the notice of appeal or notice of
opposition and in accordance with the provisions of Section 38 of
this Law shall approve the composition for the examination of the
matter and the chairperson of this composition.
(2) Within ten working days after receipt of a notice of
appeal or notice of opposition the Board of Appeal shall take a
decision to:
1) accept the notice of appeal or notice of opposition and to
initiate a matter;
2) refuse to accept the notice of appeal or notice of
opposition;
3) leave the notice of appeal or notice of opposition without
advancement.
(3) The decision to accept the notice of appeal or notice of
opposition and to initiate a matter shall be taken by the
chairperson of the composition for the examination of the matter,
and it shall be recorded as a resolution to the notice of appeal
or notice of opposition. The decision shall be notified to the
submitter (in case of a notice of appeal - also to the official
or unit of the Patent Office, which has taken the contested
decision), and it shall be published on the website of the Patent
Office.
(4) If a notice of appeal or notice of opposition has been
left without advancement, the time period laid down in Paragraph
two of this Section for taking a decision to accept a notice of
appeal or notice of opposition and to initiate a matter, or to
refuse to accept a notice of appeal or notice of opposition shall
be counted from the day when the time period for the elimination
of deficiencies ends (Section 65, Paragraph two).
Section 64. Refusal to Accept a
Notice of Appeal or Notice of Opposition
(1) The Board of Appeal shall refuse to accept a notice of
appeal or notice of opposition, if:
1) the matter is obviously not to be examined according to the
procedure prescribed for appeal or opposition;
2) in the proceedings of the Board of Appeal there is a matter
with the same participants in the matter, regarding the same
subject and on the same basis;
3) a notice of appeal or notice of opposition has been
submitted by a person who is not entitled to do so;
4) a notice of appeal has been submitted after the time period
determined for its submission, and it has been determined as
non-renewable, or another reason not to renew it has been laid
down in an industrial property law or regulation, or the time
period laid down in Section 46, Paragraph two of this Law has
ended;
5) the time period for the submission of a notice of
opposition laid down in an industrial property law or regulation
has not been observed;
6) a notice of appeal or notice of opposition the acceptance
of which has already been refused by the Board of Appeal has been
repeatedly submitted to the Board of Appeal.
(2) A motivated decision to refuse to accept a notice of
appeal or notice of opposition shall be taken by the chairperson
of the composition for the examination of the matter within the
time period specified in Section 63, Paragraph two of this
Law.
(3) A decision, which has been taken by the chairperson of the
composition for the examination of the matter sitting alone, to
refuse to accept a notice of appeal or notice of opposition may
be contested in accordance with the procedures laid down in
Section 97 of this Law.
Section 65. Leaving of a Notice of
Appeal or Notice of Opposition Without Advancement
(1) The Board of Appeal shall leave a notice of appeal or
notice of opposition without advancement, if:
1) upon submitting the notice of appeal, the requirements of
Section 58, Paragraphs one and two, and Section 59, Paragraphs
one and three of this Law have not been observed;
2) upon submitting the notice of opposition, the requirements
of Section 60, Paragraphs one and two, and Section 61, Paragraphs
one and three of this Law have not been observed;
3) the documents referred to in Section 62, Paragraphs one,
two, and four of this Law have not been attached to the notice of
appeal or notice of opposition;
4) the notice of appeal has been submitted after the end of
the time period laid down in this Law, and a request for the
renewal of the time period for the submission of a notice of
appeal with an explanation of the reason for the delay of the
time period and evidence to prove it, or a request to extend the
time period for the submission of a notice of appeal in
accordance with Section 48, Paragraph one of this Law has not
been attached thereto, or the fee for the renewal or extension of
the procedural time period has not been paid in accordance with
Section 48, Paragraph two of this Law;
5) several claims have been joined into one notice of appeal,
but these claims are not bound to each other with substantive
grounds, motivation or evidence submitted;
6) several claims have been joined into one notice of
opposition, but these claims are not bound to each other with
substantive grounds, motivation or evidence submitted;
7) the representative of the submitter of a notice of
opposition is concurrently representing the owner of the
contested registration.
(2) A motivated decision to leave a notice of appeal or notice
of opposition without advancement shall be taken by the
chairperson of the composition for the examination of the matter,
and it shall be notified to the submitter of the notice (in the
case of a notice of appeal - also to the official or unit of the
Patent Office, which has taken the contested decision) and
another time period for the elimination of deficiencies shall be
determined.
(3) If the submitter of a notice of appeal or notice of
opposition eliminates the deficiencies within the determined time
period, the notice of appeal or notice of opposition shall be
deemed to have been submitted on the day when the notice of
appeal or notice of opposition was submitted to the Board of
Appeal for the first time.
(4) If the submitter of a notice of appeal or notice of
opposition fails to eliminate the deficiencies within the
determined time period, the composition for the examination of
the matter shall, with a motivated decision, recognise the notice
of appeal or notice of opposition as not submitted.
Chapter
XI
Advancement and Preparation of a Matter for Examination
Section 66. Advancement of a Matter
of Appeal after Initiation of a Matter
(1) If a notice of appeal has been accepted and a matter of
appeal has been initiated, the Board of Appeal shall, without
delay, hand over the notice of appeal to the Patent Office - to
the official or unit, which had taken the decision, against which
the notice of appeal has been submitted.
(2) The Patent Office shall, without delay, revoke or amend
the relevant decision insofar as it recognises the claim of the
notice of appeal as justified.
(3) If revocation or amendment of a decision of the Patent
Office may affect the rights or legal interests of a third person
or if within a month after handing over to the Patent Office the
decision has not been revoked or amended in accordance with the
procedures laid down in Paragraph two of this Section, the Patent
Office shall, without delay, return the notice of appeal for
examination in the Board of Appeal.
(4) If the Patent Office has revoked or amended its previously
taken decision, and it satisfies the submitter of the notice of
appeal, he or she shall, within two months from the day when this
decision is notified, withdraw his or her notice of appeal with a
respective submission.
(5) If the Patent Office has amended its previously taken
decision, but it does not satisfy the submitter of the notice of
appeal, he or she shall notify the Patent Office thereof in
writing within the time period specified in Paragraph four of
this Section. The Patent Office shall, without delay, return the
notice of appeal for examination of the matter in the Board of
Appeal.
(6) While the examination of a matter of appeal on its merits
is not completed, the submitter of the notice of appeal is
entitled to update and supplement the submitted notice of
appeal.
Section 67. Joining and Splitting of
Claims of Appeal
(1) The submitter of a notice of appeal is entitled to join
several interrelated claims of appeal (claims of appeal against
several decisions of the Patent Office) into one notice of
appeal, if the substantive grounds, motivation or provided
evidence thereof are the same or are interrelated. When
submitting a joint notice of appeal, the time periods for the
submission of all the notices of appeal shall be observed, and
for each claim the fee for the submission of a notice of appeal
shall be paid.
(2) If there are several matters of appeal of the same type in
the proceedings of the Board of Appeal, involving the same
participants in the matter, the Board of Appeal is entitled to
join these matters into one proceeding, if such joining of
matters promotes a faster and more accurate examination of the
matters.
(3) The Board of Appeal is entitled, with a decision, to
separate one or several claims of a notice of appeal from the
joint proceedings in a separate proceeding, if it recognises
separate examination of these claims to be more useful, or if
their examination in one proceeding has become encumbered or
impossible.
Section 68. Sending of a Notice of
Opposition to the Owner of the Contested Registration and
Response of the Owner
(1) If a notice of opposition has been accepted, and a matter
of opposition has been initiated, the Board of Appeal shall,
without delay, send true copies of the notice of opposition and
the attached documents to the owner of the contested
registration, and invite him or her to submit a written response
to the opposition within two months after the day of sending the
respective documents.
(2) The owner of the contested registration in the response to
the opposition shall indicate his or her counterarguments to the
claim of the notice of opposition and attach evidence proving
them. The owner of the contested registration may recognise the
claim of the notice of opposition fully or in part thereof as
well.
(3) If an opposition is fully or partly based on an earlier
trade mark, after registration of which not less than five years
have passed, the owner of the contested registration is entitled,
within the time period laid down in Paragraph one of this
Section, to request in writing that the submitter of the notice
of opposition submits evidence for the actual use of the earlier
trade mark.
(4) The response to a notice of opposition and the attached
documents shall be submitted with so many true copies as the
number of participants in the matter, excluding the provider of
the response.
(5) After receipt of the response, the Board of Appeal shall,
without delay, send its true copies to the submitter of the
notice of opposition and to the third person.
(6) Failure to submit a response shall not constitute a bar
for the examination of the matter of opposition.
Section 69. Joining and Splitting of
Claims of Opposition
(1) The submitter of a notice of opposition is entitled to
join several interrelated claims of opposition into one notice of
opposition (claims of opposition to several registrations of one
owner), if their substantive grounds, motivation or evidence are
the same or they are interrelated. Upon submitting a joint notice
of opposition, the time periods for the submission of all notices
of opposition shall be observed, and for each claim the fee for
the submission of a notice of opposition shall be paid.
(2) If there are several matters of opposition in the
proceedings of the Board of Appeal where the notices of
opposition have been submitted to the same registration, the
Board of Appeal is entitled to join these matters into one
proceeding, if such joining of matters promotes a faster and more
accurate examination of matters.
(3) Notice of opposition submitted by several submitters shall
not be joined in accordance with the procedures provided for in
Paragraph two of this Section, if the joined proceedings do not
allow to protect a professional or commercial secret, or may
otherwise harm the legal interests of a participant in the
matter.
(4) If there are several matters of opposition of the same
type in the proceedings of the Board of Appeal, involving the
same participants in the matter, the Board of Appeal with the
consent of the participants in the matter is entitled to join
these matters into one proceeding, if such joining of matters
promotes faster and more accurate examination of matters.
(5) The Board of Appeal having heard the points of view of the
participants in the matter may separate one or several claims of
opposition from the joint claim of opposition (Paragraph one, two
or four of this Section) into a separate proceeding, if it
recognises separate examination of these claims to be more useful
or if their examination in one proceeding has become problematic
or impossible.
Section 70. Conciliation of the
Parties in a Matter of Opposition and Agreeing on a
Settlement
(1) The Board of Appeal shall endeavour to reconcile the
parties in a matter of opposition.
(2) The Board of Appeal may approve the settlement between the
parties in a matter of opposition, insofar as the provisions of
the settlement concern the recording of amendments in the
relevant registrations information, provided for in industrial
property laws and regulations and under the competence of the
Patent Office.
(3) Settlement shall not be allowed if its provisions affect
the rights or legal interests of a third person, and the third
person has not agreed thereto.
(4) If a settlement is concluded or a notice of opposition is
completely withdrawn before the end of the time period for
providing the response of the owner of the contested registration
(Section 68, Paragraph one), the Board of Appeal upon terminating
the opposition proceedings (Section 108, Clauses 4 and 8), shall
reimburse to the submitter of the notice of opposition 50 per
cent of the fee paid for submitting a notice of opposition.
(5) If in the course of the preparation or examination of a
matter of opposition both parties express readiness to agree on a
settlement, the Board of Appeal shall postpone the examination of
the matter for a period of time needed by the parties to come to
an agreement, but not longer than six months. If the proposal for
settlement is expressed by one of the parties, the Board of
Appeal, after hearing the point of view of the opposite party,
shall take the decision to postpone the examination of the
matter, if the fee for postponing the examination of the matter
has been paid. If both parties request to extend the time period
which has been determined to agree on settlement, and for the
purpose of settlement the fee for extending the time period for
the examination of a matter has been paid, the Board of Appeal
shall extend the time period, but for not longer than two years,
counting from the day when the readiness to agree was expressed
for the first time.
Section 71. Preparation of a Matter
for Examination
(1) Upon preparing a matter of appeal or opposition for
examination, the chairperson of the composition for the
examination of a matter shall carry out the following procedural
activities:
1) decide on the issue of inviting third persons to the
matter;
2) decide on the issue of joining or splitting the
matters;
3) if necessary, request additional evidence from participants
in the matter;
4) decide on the issue of the examination of the matter in the
oral procedure and the issue of determining a session of the
Board of Appeal for carrying out a separate procedural activity
or for clarification or resolving of a procedural issue;
5) if necessary, explain the participants in the matter their
procedural rights and obligations;
6) carry out other procedural activities.
(2) The chairperson of the composition for the examination of
a matter in a matter of appeal - as soon as the Board of Appeal
has received the notice of appeal back from the Patent Office
(Section 66, Paragraph three or five) - and in a matter of
opposition - concurrently with sending a true copy of the notice
of opposition to the owner of the contested registration, or, if
necessary at a later stage of the preparation of the matter -
shall determine and notify the participants in the matter of the
time period, by which the participants in the matter may raise
objection, submit explanations, submissions, and requests,
including a request for the invitation of a third person, a
request for determining a session of the Board of Appeal for
carrying out a separate procedural activity, or for clarification
or resolving of a procedural issue. If there is no valid reason
to determine a different time period, this time period shall be
two months from the day of notification.
Chapter
XII
Examination of a Matter in the Written Procedure
Section 72. Examination of a Matter
of Appeal in the Written Procedure
(1) Examination of a matter of appeal on its merits shall be
completed not later than three months after the day of initiating
the matter. The chairperson of the composition for the
examination of the matter shall notify this date to the
participants in the matter at least one month in advance. After
this date, participants in the matter are entitled to submit any
new submissions, requests, and evidence only in case if they are
requested by the Board of Appeal.
(2) If, in accordance with the procedures and within the time
period laid down in this Law, responses to the questions of the
Board of Appeal or other submissions or requests have been
received from the participant in the matter, the chairperson of
the composition for the examination of the matter shall, without
delay, communicate them to other participants in the matter and
shall determine a time period for submitting their opinion.
(3) If there is a valid reason, the Board of Appeal is
entitled to determine another date when the examination of the
matter on its merits is to be completed. The chairperson of the
composition for the examination of the matter shall notify this
date to participants in the matter at least one month in
advance.
Section 73. Examination of a Matter
of Opposition in the Written Procedure
(1) If the chairperson of the composition for the examination
of a matter does not determine another time period due to valid
reasons, the submitter of the notice of opposition has the right,
within two months after the Board of Appeal has notified the
response to the notice of opposition to him or her, or if the
response is not submitted, after the end of the time period for
submitting the response, to submit additions or clarifications,
additional explanations, and evidence to the notice of
opposition.
(2) Unless the chairperson of the composition for the
examination of a matter due to valid reasons determines
otherwise, the owner of the contested registration has the right,
within two months after the Board of Appeal has notified
additions, clarifications, additional explanations or evidence to
the notice of opposition to him or her, or if such have not been
submitted, after the end of the time period for their submission,
to submit additions to the response to the notice of opposition
and additional evidence.
(3) If the owner of the contested registration has failed to
submit a response to the notice of opposition in accordance with
the specified procedures and time period, he or she may not
exercise the rights provided for in Paragraph two of this
Section. This provision shall not affect the rights of the owner
of the contested registration to provide a response to a notice
of opposition or its additions within the time period specified
in Paragraph two of this Section, if he or she has submitted a
request for evidence of actual use of the opposing earlier trade
mark (Section 68, Paragraph three) within the time period
specified in Section 68, Paragraph one of this Law.
(4) If, in accordance with the procedures and within the time
period laid down in this Law, responses to the questions of the
Board of Appeal or other submissions or requests have been
received from the participant in the matter, the chairperson of
the composition for the examination of the matter shall, without
delay, communicate them to other participants in the matter and
shall determine a time period for submitting their opinion.
(5) Concurrently with the sending of additions to the notice
of opposition to the owner of the contested registration, or if
additions to the notice of opposition have not been submitted,
immediately after the end of the time period determined for this
purpose, the chairperson of the composition for the examination
of the matter shall determine and notify all the participants in
the matter of the day when the examination of the matter on its
merits is to be completed. If there are no valid reasons to
decide otherwise, the examination of the matter on its merits
shall be completed on the same day which has been determined as
the time period by which additions to a response to a notice of
opposition shall be submitted. After this date, participants in
the matter are entitled to submit any new submissions, requests,
and evidence only in case if they are requested by the Board of
Appeal.
(6) If there is a valid reason, the chairperson of the
composition for the examination of the matter is entitled to
determine a new date when the examination of the matter on its
merits is to be completed.
(7) If the participants in the matter declare that they will
not exercise their rights to submit additions or clarifications
to the notice of opposition, additional explanations or evidence,
or additions to the response to the notice of opposition or
additional evidence, as well as in other justified cases, the
date when the examination of the matter on its merits is to be
completed may be determined earlier than determined
originally.
Section 74. Communication between
the Board of Appeal and Participants in a Matter in the
Examination of a Matter in the Written Procedure
(1) At any stage of the examination of a matter the Board of
Appeal may invite participants in the matter, within a determined
time period, to answer questions regarding the actual
circumstances and formal legal basis of the matter.
(2) A participant in the matter has an obligation to inform
the Board of Appeal without delay, if at any stage of the
preparation or examination of the matter he or she does not wish
to exercise the rights to provide his or her point of view or
arguments regarding documents submitted by another participant in
the matter.
Chapter
XIII
Session of the Board of Appeal
Section 75. Determination and
Notification of a Session of the Board of Appeal
(1) If the examination of a matter in the oral procedure is
determined (Section 32, Paragraph four) or a session of the Board
of Appeal is necessary for carrying out a separate procedural
activity, for clarification or resolving of a procedural issue
(Section 32, Paragraph five), the chairperson of the composition
for the examination of the matter shall, at least a month in
advance, notify the participants in the matter of the day, time,
and place of the session of the Board of Appeal, as well as of
the obligation of the participants in the matter to submit to the
Board of Appeal all the necessary evidence within the time period
determined in Section 62, Paragraph five of this Law.
(2) If a session of the Board of Appeal which had already been
determined, is postponed, the chairperson of the composition for
the examination of the matter shall notify information regarding
the postponed session of the Board of Appeal referred to in
Paragraph one of this Section to the participants in the matter
at least 10 days in advance.
(3) With a consent of all participants in the matter the
session of the Board of Appeal may be determined and notified
without observing the time periods referred to in Paragraphs one
and two of this Section.
(4) If it is requested to examine a matter of opposition in
the oral procedure, the chairperson of the composition for the
examination of the matter shall decide this issue as soon as the
response of the owner of the contested registration to the notice
of opposition has been received, or the time period for
submitting the response has ended. If a matter is determined to
be examined in the oral procedure, the session of the Board of
Appeal shall be, without delay, notified to participants in the
matter, in conformity with the provisions of Paragraphs one, two,
and three of this Section.
Section 76. Recording of the Course
of a Session of the Board of Appeal
(1) During a session of the Board of Appeal minutes shall be
taken and audio recording of the course of the session shall be
made.
(2) Minutes shall be taken and the audio recording ensured by
the secretary of the Board of Appeal or a member of the Board of
Appeal who upon assignment of the chairperson of the Board of
Appeal performs the obligations of the secretary (hereinafter -
the secretary of the session).
(3) The following shall be indicated in the minutes of a
session of the Board of Appeal in addition to other
information:
1) the place and time of the session;
2) the composition for the examination of the matter, and the
secretary of the session;
3) the persons present at the session;
4) what decisions have been taken.
(4) Minutes and audio recordings of a session of the Board of
Appeal shall be available to the participants in the matter and
other persons, in conformity with the transparency regulations
for the examination of the matter.
Section 77. Procedures in a Session
of the Board of Appeal
(1) Participants in the matter, interpreters, and other
persons present at the session of the Board of Appeal shall
comply with the procedures laid down in this Law, and shall
unconditionally obey the instructions of the chairperson of the
composition for the examination of the matter and the rulings of
the Board of Appeal.
(2) The persons present at a session of the Board of Appeal
shall behave in such a way that the course of the session is not
disturbed.
(3) If a person during a session of the Board of Appeal
repeatedly disturbs the session, the Board of Appeal shall expel
him or her from the session hall. If a session is repeatedly
disturbed by a participant in the matter, the fact of exclusion
shall be recorded in the minutes of the session. The Board of
Appeal is entitled to examine the matter without the presence of
such person.
Section 78. Commencement of a
Session
(1) A session of the Board of Appeal shall be chaired by the
chairperson of the composition for the examination of the
matter.
(2) The chairperson of the composition for the examination of
the matter shall chair the examination of the matter and
procedural activities in a session so as to ensure all
participants in the matter equal rights to participate in
clarification of the circumstances of the matter and objective
examination of the matter.
(3) Upon opening a session, the chairperson of the composition
for the examination of the matter shall notify which matter will
be examined, name the composition for the examination of the
matter, and the secretary of the session.
(4) The Board of Appeal shall clarify which persons invited
have arrived and what information regarding the reasons for not
arriving of the persons invited has been received, verify the
identity of the persons present, and authorisation of the
representatives.
(5) The chairperson of the composition for the examination of
the matter shall explain to the participants in the matter their
procedural rights and obligations, as well as the consequences of
execution or non-execution of the procedural activities.
Section 79. Examination of a Matter
on Its Merits in the Absence of a Participant in the Matter
(1) If any of the participants in the matter or an interpreter
has not arrived, the Board of Appeal shall commence the
examination of the matter, unless there is a reason to postpone
it in accordance with Section 101 of this Law.
(2) If the submitter of a notice of appeal or a party in a
matter of opposition has submitted a request to examine the
matter in the absence of the person before the session, the Board
of Appeal may examine the matter without the abovementioned
person.
(3) In case of absence of an official of the Patent Office who
has been invited to the session, the Board of Appeal shall
examine the matter of appeal in the absence of the abovementioned
person according to the materials of the matter.
(4) The Board of Appeal shall examine a matter of opposition
in the absence of the owner of the contested registration, if
there is no information regarding the reasons for his or her
absence, or if they are not recognised as justified.
Section 80. Objection and Deciding
Thereon
(1) The Board of Appeal shall examine whether a participant in
the matter has objection to a member of the Board of Appeal. If
an objection has been raised, a record thereof shall be entered
in the minutes of the session.
(2) The Board of Appeal shall decide on the raised objection
in accordance with the procedures laid down in Section 39,
Paragraphs five and six of this Law.
Section 81. Deciding on Requests
Applied by Participants in a Matter
The Board of Appeal shall clarify whether participants in a
matter have requests that are related to the examination of the
matter, and decide on them after hearing the point of view of
participants in the matter.
Section 82. Commencement of the
Examination of a Matter on its Merits
(1) Upon the commencement of the session of the Board of
Appeal, in which a matter is examined on its merits, the
chairperson of the composition for the examination of the matter,
if it is necessary, shall notify of the circumstances of the
matter and the procedural activities carried out in the course of
the preparation of the matter.
(2) The Board of Appeal shall clarify whether the submitter of
a notice of appeal or opposition maintains the claim included in
his or her submission, and whether the Patent Office or the owner
of the contested registration recognises it.
Section 83. Withdrawal from a Claim
and Recognition of a Claim
(1) A withdrawal from a claim (complete or partial), verbally
expressed in a session of the Board of Appeal, shall be recorded
in the minutes of the session and signed by the submitter of the
notice of appeal or opposition. If a withdrawal from a claim has
been submitted to the Board of Appeal in writing, it shall be
added to the file.
(2) Recognition of a claim (fully or in part) in a session of
the Board of Appeal shall be recorded in the minutes of the
session, and signed by the official of the Patent Office who
recognises the claim included in the notice of appeal, or by the
owner of the contested registration who recognises the claim
included in the notice of opposition. If a recognition of a claim
has been submitted to the Board of Appeal in writing, it shall be
added to the file.
(3) It is possible to withdraw from a claim and recognise a
claim before the examination of a matter on its merits has been
completed.
(4) The Board of Appeal shall take a decision on complete
withdrawal from the claim of the submitter of a notice of appeal,
or the submitter of a notice of opposition, concurrently with
which it ends the proceedings of the matter.
Section 84. Explanations of the
Participants in a Matter and Written Evidence
(1) In the session of the Board of Appeal, in which a matter
of appeal is examined on its merits, the participants in the
matter shall provide explanations in the following order: first,
the submitter of the notice of appeal, then the Patent
Office.
(2) In the session of the Board of Appeal, in which a matter
of opposition is examined on its merits, the participants in the
matter shall provide explanations in the following order: first,
the submitter of the notice of opposition, then the owner of the
contested registration.
(3) A third person who participates in the court without
independent claims, shall provide explanations after the person
on the side of whom he or she participates in the matter.
(4) Representatives of participants in a matter shall provide
explanations on behalf of the persons they are representing.
(5) The participants in a matter shall indicate the
circumstances justifying their claims or counterarguments in
their explanations.
(6) If a participant in a matter in his or her explanations
refers to evidence which is not submitted in the matter, and the
Board of Appeal recognises that such evidence is necessary, the
Board of Appeal may, by taking into account the provisions of
Section 62 of this Law, invite to submit them.
(7) The participants in the matter are entitled to submit
their explanations to the Board of Appeal in writing.
(8) Written explanations of the participants in the matter and
the written evidence shall be read out in a session of the Board
of Appeal in the order laid down in this Section, except when the
participants in the matter present at the session agree that
reading out is not necessary.
Section 85. Procedures for Asking
Questions
(1) With a permission of the Board of Appeal the participants
in the matter may ask each other questions. The Board of Appeal
shall reject questions that are not relevant to the matter.
(2) In examining a matter, the Board of Appeal may, at any
time, ask questions to participants in the matter.
Section 86. Examination of Material
Evidence
(1) Material evidence shall be inspected in a session of the
Board of Appeal and presented to participants in the matter.
(2) A participant in the matter may provide explanations and
express his or her point of view and requests regarding the
material evidence.
(3) If material evidence have been inspected in a session of
the Board of Appeal which has been scheduled for the examination
of material evidence, then, upon examining the matter on its
merits, the minutes of inspection shall be read out, if
necessary.
Section 87. Termination of the
Examination of a Matter on its Merits
(1) In the session of the Board of Appeal, in which a matter
is examined on its merits, the Board of Appeal shall, after the
examination of the applied evidence, clarify the point of view of
participants in the matter on the possibility to complete
examination of the matter on its merits.
(2) If it is not necessary to examine additional evidence, the
Board of Appeal shall clarify whether the submitter of the notice
of appeal or opposition maintains the claim included in its
notice, and whether the parties (in a matter of opposition) are
willing to conclude settlement.
(3) If the submitter of a notice of appeal or opposition does
not withdraw from the claim, and the parties (in a matter of
opposition) are not willing to conclude settlement, the Board of
Appeal shall declare the examination of the matter on its merits
as completed, and continue with debate.
Section 88. Debate
(1) In the debate the participants in a matter shall speak in
the same order as they are providing explanations.
(2) A participant of the debate is not entitled to refer to
circumstances and evidence which have not been examined in a
session of the Board of Appeal in his or her speech.
(3) The Board of Appeal shall interrupt a participant of the
debate, if he or she is speaking about circumstances that are not
relevant to the matter.
Section 89. Replies
(1) After participants in a matter have spoken in the debate,
each of them is entitled to one reply.
(2) The following persons have the right to the last
reply:
1) in a matter of appeal - the submitter of the notice of
appeal or his or her representative;
2) in a matter of opposition - the owner of the contested
registration or his or her representative.
(3) The Board of Appeal may limit the length of the reply.
Section 90. Deliberation of the
Board of Appeal, Rendering and Declaring of the Decision
(1) After the debate and the replies, if any, the chairperson
of the composition for the examination of the matter shall notify
those present in the session hall of the Board of Appeal of
deliberation of the Board of Appeal.
(2) The composition for the examination of the matter shall
deliberate and take a decision without the presence of other
persons. There shall be no direct or indirect interference in the
decision-making or influence on the Board of Appeal.
(3) When taking a decision collegially the chairperson of the
composition for the examination of the matter shall be the last
to express his or her point of view.
(4) After deliberation the chairperson of the composition for
the examination of the matter shall publicly inform those present
in the session hall of the Board of Appeal on the operative part
of the decision of the Board of Appeal.
Section 91. Session of the Board of
Appeal for Carrying Out a Procedural Activity or for the
Clarification or Resolving of a Procedural Issue
(1) In a session of the Board of Appeal determined for
carrying out a separate procedural activity or for clarification
or resolving of a procedural issue, the provisions of Sections
76, 77, 78, 80, 81, 84, 85, and 87 of this Law shall be applied
with the necessary changes.
(2) If a session of the Board of Appeal determined for
carrying out a separate procedural activity or for clarification
or resolving of a procedural issue is not attended by any of the
participants in the matter who have been duly notified of the
day, time, and place of the session, and who has not requested to
postpone the session for any valid reason, it shall be considered
that the participant in the matter has agreed to carrying out the
procedural activity or clarification, or resolving of the
procedural issue in his or her absence.
(3) In the case referred to in Paragraph two of this Section
the respective participant in the matter is not entitled to
contest the decision taken in the session, except when objective
circumstances, which were beyond his or her control have served
as an obstacle to attend the session of the Board of Appeal or
request it to be postponed.
Chapter
XIV
Decision of the Board of Appeal, its Revision, Entering into
Effect and Execution
Section 92. General Rules Regarding
a Decision of the Board of Appeal
(1) A decision of the Board of Appeal shall be legally
effective and justified.
(2) In taking a decision, the Board of Appeal shall base it on
the norms of substantive and procedural rights.
(3) The Board of Appeal shall justify its decision with
circumstances that have been established by the evidence in the
matter or which in accordance with Section 51 of this Law need
not to be proven.
(4) A decision, by which a dispute is resolved on its merits,
shall be justified by the Board of Appeal only with such
circumstances, regarding which the participants in a matter have
had an opportunity to express their point of view in writing or
verbally.
(5) A decision, by which a dispute is resolved on its merits,
shall be taken on the subject indicated in the notice of appeal
or opposition, without exceeding the borders of the claim.
(6) A decision which has been taken collegially shall be
signed by all members of the Board of Appeal who have been
included in the composition for the examination of the matter. A
decision, which has been taken by the chairperson of the Board of
Appeal or the chairperson of the composition for the examination
of a matter sitting alone, shall be signed by the respective
person.
(7) After signing of the decision it shall not be amended or
changed. Clerical or mathematical errors may be corrected with a
separate decision which shall be taken by the same composition
for the examination of a matter.
Section 93. Decision by Which a
Dispute is Resolved on its Merits
(1) A decision that resolves a dispute on its merits shall be
rendered in writing. It shall consist of an introductory part, a
descriptive part, a reasoned part, and an operative part.
(2) The introductory part shall include the place and date of
taking the decision, the full name of the Board of Appeal, the
composition for the examination of the matter, the participants
in the matter, the nature of the matter to be examined (matter of
appeal, matter of opposition), and the subject of the notice of
appeal or opposition, as well as the procedure (written or oral)
by which the matter has been examined.
(3) The descriptive part shall include the claim of the
submitter of the notice of appeal or notice of opposition and the
counterarguments of the Patent Office or the owner of the
contested registration, as well as the nature of the explanations
provided by participants in the matter.
(4) The reasoned part shall include:
1) the facts established in the matter, the evidence by which
the conclusions of the Board of Appeal have been justified, and
arguments by which this or other evidence has been refused;
2) the legal norms on which the Board of Appeal has based;
3) the legal assessment of the established circumstances of
the matter;
4) references to the case-law and legal literature, as well as
other special literature which has been used by the Board of
Appeal in its reasoning;
5) the conclusions of the Board of Appeal regarding the
validity of the notice of appeal or notice of opposition.
(5) The operative part shall include:
1) the legal norms applied by the Board of Appeal in a single
listing (also mentioning the Section, Paragraph, Clause or
Sub-clause of the law or regulation);
2) the ruling on the satisfaction of a notice of appeal or
notice of opposition in full or in part or on the rejection, and
the nature of the decision (the rights granted, confirmed or
denied to a person, or amendments to the information of
registration in accordance with the industrial property laws and
regulations) which must be executed by the Patent Office;
3) the procedures and time period, in which a participant in a
matter who disagrees with the decision of the Board of Appeal is
entitled to apply to the court.
Section 94. Rendering and
Notification of a Motivated Decision
(1) A motivated decision by which a dispute is resolved on its
merits shall be rendered by the Board of Appeal not later than
within one month after the day when the examination of the matter
in the written procedure has been completed, or when the session
of the Board of Appeal at the end of which the decision was taken
took place.
(2) On the day of the rendering of a decision or on the next
working day the Board of Appeal shall send a true copy of the
decision to the participants in a matter. A participant in the
matter may, upon a respective request, receive a true copy of the
decision in the work premises of the Board of Appeal. Receipt of
the decision shall not affect the counting of the time
period.
Section 95. Settlement and Decision
on the Settlement in a Matter of Opposition
(1) The parties in a matter of opposition shall conclude
settlement in writing and submit it to the Board of Appeal.
(2) The following shall be indicated in the settlement:
1) the submitter of the notice of opposition, and his or her
address;
2) the owner of the contested registration and his or her
address;
3) the subject of the notice of opposition;
4) liabilities of each party they voluntarily undertake to
perform.
(3) The Board of Appeal, having received the settlement
between the parties, shall clarify whether the parties have
voluntarily agreed on the settlement, whether it conforms to the
requirements of Section 70, Paragraphs two and three of this Law,
and of Paragraphs one and two of this Section, and whether the
parties are aware of the procedural consequences of the
confirmation of the settlement.
(4) The circumstances of settlement shall be indicated in the
decision on settlement of the Board of Appeal.
(5) On the refusal to confirm the settlement the Board of
Appeal shall take a motivated decision and shall continue to
examine the matter. The decision on refusal to confirm the
settlement may be included in the decision by which a dispute is
resolved on its merits.
(6) If the Board of Appeal recognises that the settlement
conforms to the requirements of the Law, it shall take a
decision, by which it confirms the settlement and concurrently
terminates the proceedings in the matter. The decision shall be
taken collegially by the composition for the examination of the
matter.
Section 96. Decision by Which a
Dispute is Not Resolved on its Merits
(1) The decision by which a dispute is not resolved on its
merits shall be rendered in a form of a separate procedural
document, a resolution, or it shall be recorded in the minutes of
the session of the Board of Appeal.
(2) A decision may be drawn up in the form of a resolution if
it is taken by the chairperson sitting alone and it does not need
an expanded motivation.
(3) The following shall be indicated in a decision that has
been rendered in the form of a separate procedural document:
1) the place and date of taking of the decision;
2) the full name of the Board of Appeal, and composition for
the examination of the matter;
3) the participants in the matter;
4) the nature of the matter to be examined (a matter of
appeal, a matter of opposition), and the subject of the notice of
appeal or notice of opposition;
5) the issues regarding which the decision has been taken;
6) the motives of the decision;
7) the ruling of the composition for the examination of the
matter, the chairperson of the Board of Appeal or of the
chairperson of the composition for the examination of the
matter;
8) the time period and procedures by which the decision may be
contested, or a remark that the decision shall not be
contested.
(4) A decision that has been taken in the form of a separate
procedural document shall be notified to the participants in the
matter in accordance with the procedures laid down in Section 94,
Paragraph two of this Law.
Section 97. Contesting and Entering
into Effect of a Decision of the Board of Appeal by Which a
Dispute is not Resolved on its Merits
(1) A participant in a matter who is not satisfied with a
decision, taken by the chairperson of the Board of Appeal or the
chairperson of the composition for the examination of the matter
sitting alone, and which has not been determined as incontestable
in this Law, may, within two weeks after the day of its
notification, submit to the Board of Appeal a motivated
submission regarding contesting of the decision.
(2) The decision referred to in Paragraph one of this Section
shall enter into effect after expiry of the time period for
contesting thereof, and it has not been contested.
(3) The chairperson of the Board of Appeal shall transfer the
submission referred to in Paragraph one of this Section to the
composition for the examination of the matter for collegial
examination and taking of a decision in the written procedure,
or, if he or she considers this necessary, in the oral procedure
in a session of the Board of Appeal.
(4) The decision taken by the composition for the examination
of a matter by which a dispute is not resolved on its merits,
shall not be contested, and it shall enter into effect on the day
of the notification thereof.
Section 98. Applying to the Court in
Relation to a Decision of the Board of Appeal
(1) A participant in a matter who disagrees with the decision
of the Board of Appeal by which a dispute in a matter of appeal
or opposition has been resolved, may, within three months after
the day of the notification of the decision apply to the City of
Rīga Vidzeme Urban District Court in accordance with the
procedures laid down in the Civil Procedure Law with a statement
of claim, depending on the nature of the matter and the
decision:
1) the submitter of a notice of appeal, if the notice of
appeal has been fully or partially refused - with a claim
regarding the protection of his or her affected legal interests
and request to impose an obligation on the Patent Office to
establish legal relations according to the application for the
registration of an object of industrial property (to carry out
registration of an object of industrial property);
2) the Patent Office, if a notice of appeal has been fully or
partially satisfied - with a claim to recognise an application
for the registration of an object of industrial property as
non-conforming to the provisions of an industrial property law or
regulation, and the decision of the Patent Office - as legally
effective;
3) the submitter of a notice of opposition, if the notice of
opposition has been fully or partially refused - with a claim
regarding protection of his or her affected rights and legal
interests, and request to amend the record in the register (to
fully or partially recognise a registration belonging to another
person as invalid);
4) the owner of a contested registration, if a notice of
opposition has been fully or partially satisfied - with a claim
for the protection of the contested rights (to fully or partially
recognise a registration as valid).
(2) In the case referred to in Paragraph one of this Section
or in accordance with the provisions of the Civil Procedure Law a
person whose rights or legal interests, or obligations against
any of the participants in a matter are affected by a decision of
the Board of Appeal may enter the matter on the side of the
claimant or the defendant as a third person without independent
claims, also if he or she had not been admitted in the status of
a third person, or if he or she has been deprived of the status
of a third person in the examination of the matter in the Board
of Appeal.
(3) A person who has submitted a statement of claim to the
court in accordance with the provisions of this Section, has an
obligation, not later than seven days after submitting the
statement of claim to the court, to inform the Board of Appeal
thereof. The decision to accept the statement of claim and
initiate a matter, to refuse to accept a statement of claim, or
to leave a statement of claim without advancement, shall be sent
by the court to the Board of Appeal in the form of an electronic
postal item.
(4) If the court accepts the statement of claim referred to in
Paragraph one of this Section and initiates a matter, the Board
of Appeal shall send the explanations and written evidence of the
participants in the matter at its disposal to the City of Rīga
Vidzeme Urban District Court.
Section 99. Entering into Effect of
a Decision of the Board of Appeal by Which a Dispute has Been
Resolved in a Matter of Appeal or Opposition
(1) A decision of the Board of Appeal by which a dispute has
been resolved in a matter of appeal or opposition shall enter
into legal effect:
1) on the day when the time period referred to in Section 98,
Paragraph one of this Law expires, if:
a) none of the parties involved in the dispute has submitted a
statement of claim on the subject of the dispute within this time
period,
b) a respective statement of claim on the subject of the
dispute has been submitted to the court within this time period,
but the judge has taken a decision to refuse to accept it,
c) a respective statement of claim on the subject of the
dispute has been submitted to the court within this time period,
but the judge has taken a decision to consider the statement of
claim as non-submitted, and return it to the applicant;
2) on the day when the decision of the court by which the
claim has been left without examination has entered into effect,
except when the claim has been left without examination because
the dispute in the matter of the claim between the same parties
involved in the dispute, regarding the same subject and on the
same basis is under examination in the same or another court;
3) on the day when the decision of the court by which the
proceedings have been terminated, has entered into effect, except
when the proceedings have been terminated due to entering into
lawful effect of a court judgement which has been given in a
dispute between the same parties involved in the dispute,
regarding the same subject, or the parties have concluded
settlement and the court has confirmed it.
(2) If a statement of claim to the court in accordance with
the procedures of Section 98, Paragraph one of this Law has been
submitted on the subject of the dispute which concerns a part of
the decision of the Board of Appeal, this decision in the
remaining part thereof shall enter into effect when the time
period for the submission of the statement of claim to the court
expires.
(3) If the Board of Appeal has not received the information
referred to in Section 98, Paragraph three of this Law, and its
decision refers to the activities in the Patent Office, the Board
of Appeal shall transfer the decision to the Patent Office for
execution. If a statement of claim has been submitted to the
court regarding a subject of the dispute which concerns a part of
a decision of the Board of Appeal (Paragraph two of this
Section), the Board of Appeal shall transfer the remaining part
of the decision to the Patent Office for execution.
Section 100. Execution of a Decision
of the Board of Appeal
(1) If a decision of the Board of Appeal has entered into
effect and has been notified to the Patent Office, the Patent
Office shall, without delay, execute the obligations imposed
thereon by a decision of the Board of Appeal (Section 93,
Paragraph five, Clause 2), including make the amendments
specified in the decision to information regarding registration
of an object of industrial property.
(2) If the Board of Appeal in relation to newly discovered
circumstances in a matter of appeal has taken a decision on the
repeated examination of application for the registration of an
object of industrial property (repeated expert-examination), such
decision shall not be contested and shall enter into effect at
the time of the notification thereof. The Patent Office shall, as
soon as such decision has been notified, carry out the
obligations imposed on it with the decision of the Board of
Appeal, in conformity with the procedures and time period for the
respective procedure laid down in an industrial property law or
regulation.
(3) If the applicant (submitter of the notice of appeal) is
not satisfied also by the decision taken by the Patent Office
after repeated examination of the application (repeated
expert-examination), he or she is entitled, within three months
from the date of notification thereof, stating the justification,
to notify the Patent Office that he or she maintains the
originally submitted notice of appeal in effect, fully or in
part.
Chapter
XV
Postponing of the Examination of a Matter, Suspension of
Proceedings, Leaving a Matter without Examination and Termination
of Proceedings
Section 101. Postponing of the
Examination of a Matter
(1) The Board of Appeal shall postpone the examination of a
matter, if:
1) the owner of the contested registration has not received a
true copy of the notice of opposition in due time, and therefore
requests postponing the examination of the matter;
2) it is necessary to invite as a participants in the matter a
person whose rights or legal interests may be affected by the
decision of the Board of Appeal;
3) one of the participants in the matter fails to attend the
session of the Board of Appeal, and he or she has not been
notified of the time and place of the session.
(2) The Board of Appeal may postpone the examination of a
matter, if it recognises that:
1) it is not possible to examine a matter because any of the
participants in the matter or the interpreter has failed to
attend the session of the Board of Appeal, or there are other
important reasons;
2) it is necessary to submit additional evidence.
(3) The Board of Appeal may postpone the examination of a
matter also if the participants in a matter of opposition are
preparing to conclude settlement (Section 70, Paragraph
five).
Section 102. Decision to Postpone
the Examination of a Matter
(1) A decision to postpone the examination of a matter shall
be taken in the form of a resolution or a separate procedural
document or it shall be recorded in the minutes of the session of
the Board of Appeal.
(2) In the decision to postpone the examination of a matter,
the procedural activities that must be executed until the
resumption of the examination of the matter, as well as the day
when the examination of the matter shall be resumed in the
written procedure, or the day of the next session of the Board of
Appeal shall be indicated.
(3) In a matter that must be examined in the written
procedure, the Board of Appeal shall send the decision to
postpone the examination of the matter to the participants in the
matter. In a matter that must be examined in the oral procedure,
the Board of Appeal shall, in a timely manner, notify the
participants in the matter of the day and time of the next
session in accordance with the provisions of Section 75,
Paragraphs one, two and three of this Law.
(4) A decision to postpone the examination of a matter shall
be taken and it shall enter into effect in accordance with the
procedures laid down in Section 97 of this Law.
Section 103. Suspension of
Proceedings
(1) The Board of Appeal shall suspend the proceedings in a
matter, if:
1) the natural person who is the submitter of the notice in a
matter of appeal or opposition has died, or a legal person who is
the submitter of the notice in a matter of appeal or opposition
has ceased to exist;
2) the court has established trusteeship over a participant in
the matter - a natural person;
3) examination of a matter is not possible before another
matter has been decided in the court, an institution or in the
Board of Appeal, including cases when a matter has been initiated
in a court regarding invalidation or revocation of the
registration of an object of industrial property involved in a
dispute to be examined by the Board of Appeal.
(2) The Board of Appeal may suspend the proceedings in a
matter, if:
1) the submitter of a notice of appeal or opposition or a
third person due to a disease, age, disability or other
substantial reasons is unable to participate in the examination
of the matter;
2) a matter has been initiated in the Constitutional Court
regarding conformity of the legal norms to be applied in the
examination of the matter with the legal norms of a higher legal
force;
3) a matter has been initiated in the Court of Justice of the
European Union or in other international or supranational court
on the results of which the decision of Board of Appeal may
depend.
(3) Proceedings in the Board of Appeal shall be suspended
until the reason which served as a basis for suspending the
proceedings has been eliminated.
Section 104. Decision to Suspend
Proceedings
(1) The Board of Appeal shall take a motivated decision to
suspend the proceedings in the form of a separate procedural
document.
(2) The circumstances, until the occurrence or termination of
which the proceedings have been suspended, shall be indicated in
the decision.
(3) The decision to suspend proceedings shall be taken and it
shall enter into effect in accordance with the procedures laid
down in Section 97 of this Law.
Section 105. Resumption of the
Proceedings
The Board of Appeal shall resume the proceedings upon its own
initiative or upon a request of a participant in the matter.
Section 106. Leaving a Notice of
Appeal or Notice of Opposition without Examination
(1) The Board of Appeal shall leave a notice of appeal or
notice of opposition without examination if it has been submitted
on behalf of the submitter of the notice of appeal or notice of
opposition by a person who has not been authorised for it in
accordance with specific procedures, and the deficiencies in the
authorisation have not been eliminated upon the invitation of the
Board of Appeal.
(2) The Board of Appeal shall leave a notice of opposition
without examination if it has become aware of the fact that the
dispute in the matter of claim between the same parties on the
same subject and on the same basis is under examination in the
court.
(3) The Board of Appeal may leave a notice of appeal or notice
of opposition without examination if the submitter of the notice
of appeal or opposition:
1) who has been notified of the time and place of the session
of the Board of Appeal, has repeatedly failed to attend the
session of the Board of Appeal without a justified reason, and
has not requested that the matter is examined in his or her
absence;
2) in a matter to be examined in the written procedure has
repeatedly failed to provide answers to questions of the Board of
Appeal or invitations to submit the explanations or evidence
necessary for the examination of the matter.
Section 107. Decision to Leave a
Notice of Appeal or Notice of Opposition without Examination
(1) The Board of Appeal shall take a motivated decision to
leave a notice of appeal or notice of opposition without
examination in the form of a separate procedural document.
(2) The decision to leave a notice of appeal or notice of
opposition without examination shall be taken in accordance with
the procedures laid down in Section 97 of this Law.
Section 108. Basis for the
Termination of Proceedings
The Board of Appeal shall terminate the proceedings, if:
1) a matter may not be examined according to the procedures
specified for the examination of matters in the Board of
Appeal;
2) a notice of appeal or notice of opposition has been
submitted by a by a person who is not entitled to do so;
3) a court judgement or a decision of the Board of Appeal
which has been taken in a matter between the same participants in
the matter for the same subject and on the same basis or from
which it is apparent that the proceedings of the Board of Appeal
must be terminated, has entered into effect;
4) the submitter of the notice of appeal or notice of
opposition has withdrawn from his or her submission;
5) in a matter the assumption of procedural rights of the
submitter of a notice of appeal or notice of opposition is
possible, but within six months after the day of the death of the
submitter of the notice of appeal or opposition, or - in case of
a legal person - from the day when it has ceased to exist, none
of the legal successors has shown any interest in maintaining the
respective claim;
6) the dispute which served as the basis for submitting a
notice of appeal has ended, with the Patent Office revoking the
contested decision or recognising it as invalid or lost effect,
or due to other reasons;
7) the dispute which served as the basis for the submission of
a notice of opposition has ended, with the owner of the contested
registration upon his or her initiative cancelling the contested
registration (surrendering a registration), or not maintaining it
in effect, or due to other reasons;
8) the Board of Appeal has confirmed settlement between the
parties of a matter of opposition;
9) the time period for the submission of a notice of appeal
has been exceeded, and the Board of Appeal has not renewed it, or
it has been determined in an industrial property law or
regulation as non-renewable;
10) the time period for the submission of a notice of
opposition has been exceeded.
Section 109. Decision to Terminate
Proceedings and its Consequences
(1) The Board of Appeal shall take a motivated decision to
terminate the proceedings in the form of a separate procedural
document.
(2) The decision to terminate the proceedings shall be taken
and it shall enter into effect in accordance with the procedures
laid down in Section 97 of this Law.
(3) If the proceedings are terminated, repeated applying to
the Board of Appeal with a notice of appeal or notice of
opposition regarding the same subject and on the same basis shall
not be permitted.
Chapter
XVI
Procedure in Case of Contesting International Registration
Section 110. Additional Obligation
of the Board of Appeal if a Notice of Opposition to International
Registration has Deficiencies that Preclude the Initiation of a
Matter
If a notice of opposition, which has been submitted to the
entering into effect of an international registration of a trade
mark or design in Latvia, is left without advancement, is not
accepted or is recognised as not submitted, the Board of Appeal,
upon notifying the respective decision to the submitter of the
notice of opposition and determining the time period for the
elimination of the deficiencies of the notice of opposition in
accordance with Section 65, Paragraph two of this Law, or upon
notifying the time period and procedures for contesting the
decision in accordance with Section 97, Paragraph one of this
Law, shall concurrently inform the submitter of the notice of
opposition on the final time period, by which in accordance with
the provisions of an industrial property law or regulation the
refusal of the protection of the respective international
registration (provisional refusal) shall be notified to the
International Bureau of the World Intellectual Property
Organisation.
Section 111. Advancement of a Matter
of Opposition to International Registration
(1) If a matter of opposition has been initiated in relation
to a notice of opposition to the entering into effect of the
international registration of a trade mark or design in Latvia,
the Board of Appeal shall, without delay, inform the Patent
Office thereof.
(2) The Patent Office shall include the information laid down
in the industrial property laws and regulations on the notice of
opposition in its decision on the refusal of the protection of
international registration.
Section 112. Refusal of the
Protection of International Registration
(1) A decision of the Patent Office on the refusal of the
protection of international registration of a trade mark or
design (provisional refusal) in accordance with the provisions of
the industrial property laws and regulations regarding
international registration may be based on:
1) the grounds for the refusal put forward by the Patent
Office as a result of the examination of international
registration (expert-examination);
2) a notice of opposition to entering into effect of an
international registration in Latvia.
(2) In the decision on the refusal of the protection of an
international registration the Patent Office, in accordance with
the provisions of the industrial property laws and regulations
regarding international registration, shall indicate all legal
bases for the refusal, as well as the time period and procedures
by which a notice of appeal against this decision or a notice of
appeal - a response to a notice of opposition - may be
submitted.
3) The Patent Office shall notify its decision on the refusal
of the protection of an international registration in accordance
with the procedures laid down in the industrial property laws and
regulations to the International Bureau of the World Intellectual
Property Organisation, and if the decision is based on a notice
of opposition, also to its submitter.
Section 113. Submission and
Advancement of a Notice of Appeal Against the Refusal of the
Protection of International Registration
(1) A notice of appeal against a decision of the Patent Office
on the refusal of the protection of international registration of
a trade mark or design shall be submitted within the time period
and in accordance with the procedures laid down in Section 58,
Paragraph one of this Law, by motivating it according to the
grounds for the refusal indicated in the decision.
(2) If a decision of the Patent Office on the refusal of the
protection of international registration is justified (solely or
inter alia) with the grounds for refusal put forward as a result
of an examination (expert-examination) of the Patent Office, and
a notice of appeal or the notice of appeal - a response to a
notice of opposition has been submitted regarding it, the
advancement of the matter of appeal, after the initiation
thereof, shall conform to Section 66 of this Law.
(3) If a decision of the Patent Office on the refusal of the
protection of an international registration is justified solely
with a notice of opposition to entering into effect of
international registration in Latvia, the notice of appeal
against such decision shall be considered as a response to a
notice of opposition (a notice of appeal - a response to a notice
of opposition), and, upon submitting it, no fee for submitting
the notice of appeal shall be paid.
Section 114. Examination of Matters
of Appeal or Opposition in Relation to the Contesting of
International Registration
(1) A notice of appeal or the notice of appeal - a response to
a notice of opposition, and a notice of opposition or notices of
opposition which have been submitted regarding the same
international registration, shall be examined by the Board of
Appeal in a joined proceeding, if there are no good reasons to do
otherwise.
(2) In the examination of a matter the Board of Appeal shall
apply the procedure specified for matters of opposition, insofar
as the matter to be examined concerns a notice of opposition and
a response to a notice of opposition.
(3) In the examination of a matter the Board of Appeal shall
apply the procedure specified for matters of appeal, insofar as
the matter to be examined concerns a notice of appeal against a
decision that has been justified with the grounds for refusal put
forward by the Patent Office.
Section 115. Specificity of
Notification and Entering into Effect of a Decision of the Board
of Appeal in Case of Contesting of International Registration
(1) The decision by which a dispute has been resolved in a
matter related to contesting of international registration, shall
be notified by the Board of Appeal to the owner of the contested
registration, even if he or she has not entered the matter, and
the matter has been examined in his or her absence.
(2) The decision of the Board of Appeal by which a dispute has
been resolved in a matter related to contesting of international
registration, shall enter into effect in conformity with the
provisions of Section 99 of this Law. The Patent Office shall, in
accordance with the prescribed procedures, notify the
International Bureau of the World Intellectual Property
Organisation of the entering into effect of a decision of the
Board of Appeal or a court ruling.
Division
C
Representation of Persons in Matters of Industrial Property
Chapter
XVII
General Provisions of Representation and Authorisation
Section 116. Representation of
Persons in the Patent Office and in the Board of Appeal
(1) A legal person whose legal address is in Latvia or who
owns an enterprise in Latvia may be represented in the Patent
Office and in the Board of Appeal by its officials who act within
the framework of authorisation granted by the law, articles of
association, or by-laws, or other representatives authorised by
the legal person.
(2) A natural person whose declared place of residence is in
Latvia or who owns an enterprise in Latvia may be represented in
the Patent Office and in the Board of Appeal by himself or
herself or may be represented through an authorised
representative.
(3) The following persons are entitled to participate in the
procedures in the Patent Office and the Board of Appeal only
through a professional patent attorney:
1) a natural person whose declared place of residence is not
in Latvia and who does not own an enterprise in Latvia;
2) a legal person whose legal address is in a foreign country
and who does not own an enterprise in Latvia.
Section 117. Authorisation of
Representation
(1) If an applicant, owner or other person interested submits
an application, settles the registration procedure or performs
other activities in the Patent Office or the Board of Appeal
through a representative, the application or other document shall
be accompanied by a written power of attorney, confirming the
rights of the representative to perform the respective
activities.
(2) The provisions of Paragraph one of this Section shall not
apply to representatives - professional patent attorneys, as well
as to natural persons (officials, board members, employees) whose
authorisation for representation of the legal person results from
a law or regulation, the articles of association of the legal
person or any other grounds. Officials, members of the board of
directors, employees whose authorisation for the representation
of the legal person results from a law or regulation, the
articles of association of the legal person or any other grounds,
shall indicate the respective norm, articles of association or
other document to the Patent Office or the Board of Appeal. A
true copy of a document certified in accordance with the
procedures laid down in laws and regulations shall be submitted
when it is not possible to verify the representation rights of
the abovementioned person in a generally-accessible database or
website.
(3) A special, clearly expressed authorisation to a
representative, except a professional patent attorney, is
necessary in the following cases:
1) to completely or partially withdraw an application or
surrender a registration;
2) to completely or partially transfer the ownership rights of
application or registration to another person;
3) to conclude a license agreement, granting another person
the rights to exercise the principal's rights to industrial
property;
4) in order to submit a notice of opposition to the
registration of another person, a notice of counteropposition, to
fully or partially withdraw a notice of opposition, to fully or
partially recognise an opposition claim or to conclude settlement
in a matter of opposition;
5) in order to issue an authorisation to another person
(substitution).
(4) If a power of attorney loses effect or the rights of
representation of a representative are otherwise terminated, the
represented person or the representative shall, without delay,
inform the Patent Office or respectively the Board of Appeal
thereof in writing.
(5) The representative has an obligation to inform, without
delay, the Patent Office or respectively the Board of Appeal in
all cases when the address of the representative (correspondence
address) or other necessary information for communication with
the representative changes.
Section 118. Submission of a Power
of Attorney
(1) The power of attorney shall be submitted concurrently with
an application or another document by which the representative
commences activities in the Patent Office or the Board of Appeal
on behalf of the principal, or in another time period laid down
in an industrial property law or regulation. If the Patent Office
or the Board of Appeal establishes that the representative
indicated in the document has not been authorised for the
respective activity, the submitter shall be notified thereof in
writing, by determining a time period for the submission of a
power of attorney, which shall not be less than two months, and
the application or other document shall be left without
advancement until receipt of the power of attorney.
(2) If the necessary power of attorney is not submitted within
the specified time period, the activities performed by the
representative, except for the submission of the initial
documents of the application, shall not have legal effect.
(3) A representative shall submit to the Patent Office or
respectively to the Board of Appeal the original copy of the
power of attorney, its certified true copy or a copy. Notarial
certification of the original copy of the power of attorney is
not required.
(4) Any power of attorney relating to more than one
application, registration or other type of submission, as well as
a general authorisation by which the principal has appointed a
representative for the performance of all activities or a
specific type of activities in the Patent Office or the Board of
Appeal in respect of all of its current and future applications
or registrations, or in respect of certain applications or
registrations, shall be included by the Patent Office in the list
of power of attorneys, assigning it the number of a power of
attorney to which the representative shall refer in all
subsequent procedures.
(5) If the Patent Office or the Board of Appeal has reasonable
doubt as to the scope of authorisation or other circumstances
related to the representation, it is entitled, by stating the
justification, to request appropriate evidence.
Chapter
XVIII
Professional Patent Attorneys
Section 119. Professional Patent
Attorney
(1) A professional patent attorney is a person who, in
accordance with the procedures laid down in this Law, has been
included in the Patent Office List of Professional Patent
Attorneys and provides services in the field of protection of
industrial property.
(2) Only persons to whom Paragraph one of this Section applies
may offer his or her services as services of professional patent
attorneys.
(3) A professional patent attorney may be specialised in one
or several of the following fields:
1) the field of patents;
2) the field of trade marks;
3) the field of designs.
(4) A professional patent attorney who specialises in the
field of patents, shall also specialise in work with
supplementary protection certificates for medicinal products and
plant protection products and for work with the topographies of
semiconductor products, while a professional patent attorney who
specialises in the field of trade marks - work with indications
of geographical origin.
Section 120. Professional
Organisation of Professional Patent Attorneys
(1) Functions of the professional organisation of Latvian
professional patent attorneys shall be implemented by the society
"Association of Patent Attorneys of Latvia" (hereinafter - the
Association of Patent Attorneys).
(2) The Association of Patent Attorneys according to the
principle of profession, unites natural persons to take care of
prestige of their profession, to promote qualification,
professional development, acquisition of experience, conformity
with professional standards and ethical standards of professional
patent attorneys, and to carry out the tasks laid down in this
Law and other laws and regulations, as well as in its own
articles of association.
(3) The Association of Patent Attorneys shall perform the
following tasks in accordance with the procedures specified by
law:
1) delegate their representatives to the commission for the
qualification examination of professional patent attorneys;
2) develop rules of professional ethics binding to
professional patent attorneys, and assess conformity
therewith;
3) ensure initiation of a disciplinary matter against a
professional patent attorney and its examination, as well as
taking of a decision to impose a disciplinary sanction;
4) organise activities for raising of qualification of
professional patent attorneys;
5) represent the interests of professional patent attorneys in
relationship with State and local government institutions, other
institutions, and officials;
6) express a point of view of professional patent attorneys
and provide opinions on the issues related to the industrial
property laws and regulations and professional patent attorney
practice;
7) supervise the settlement of matters which are in the
record-keeping of the deceased professional patent attorneys in
accordance with the procedures laid down in the articles of
association of the Association of Patent Attorneys;
8) perform other tasks laid down in this Law and other laws
and regulations, as well as in its articles of association.
(4) The Association of Patent Attorneys in the performance of
the tasks laid down in this Law, has the right to request and
receive from a professional patent attorney the necessary
information and relevant documents.
Section 121. List of Professional
Patent Attorneys
(1) The Patent Office shall arrange the List of Professional
Patent Attorneys.
(2) The List of Professional Patent Attorneys shall include
data on natural persons, if the respective person complies with
the following requirements:
1) he or she is a citizen of Latvia or another European Union
Member State;
2) he or she is fluent in the official language and has
knowledge of at least two foreign languages that is sufficient
for professional co-operation with Latvian and foreign persons
and institutions;
3) he or she has academic or second-level higher vocational
education (diplomas issued by foreign institutions of higher
education in the respective specialities must be recognised in
Latvia);
4) he or she has at least four-year work experience in the
field of protection of industrial property in which respective
work in international, regional or national industrial property
institutions shall be included. Work in the field of protection
of industrial property must be systematic, and it shall not
include long-term leaves and activity breaks;
5) he or she has passed the qualification examination of
professional patent attorneys;
6) he or she has entered into a patent attorney professional
civil insurance agreement in accordance with the provisions of
Section 130, Paragraphs two and three of this Law;
7) he or she indicates the address of place of practice in
Latvia for correspondence with the Patent Office and clients.
(3) A professional patent attorney shall, without delay,
notify in writing the Patent Office of the deficiencies
identified, and any amendments to information included in the
List of Professional Patent Attorneys regarding him or her, inter
alia of the change of his or her address or correspondence
address.
(4) The List of Professional Patent Attorneys shall be
available to any person interested. The List of Professional
Patent Attorneys, as well as any amendments thereto shall be
published by the Patent Office on its website.
Section 122. Additional Requirements
in Specialisations of Professional Patent Attorneys
(1) At least one of the foreign languages referred to in
Section 121, Paragraph two, Clause 2 of this Law must be the
official working language of the European Patent Office, if the
person is applying to become a professional patent attorney
specialising in the field of patents, or the official working
language of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs ), if the person is applying to become a
professional patent attorney specialising in the field of trade
marks or designs.
(2) The education referred to in Section 121, Paragraph two,
Clause 3 of this Law of a person who is applying to become a
professional patent attorney specialising in the field of patents
shall be in the field of engineering or natural sciences.
(3) A person who has acquired education in fields other than
those referred to in Paragraph two of this Section, is entitled
to become a professional patent attorney in the field of patents,
provided that in addition to the academic or second-level higher
vocational education in another sector he or she has acquired
first-level higher vocational education in the field of
engineering or natural sciences, or other comparable professional
qualification.
(4) The work experience referred to in Section 121, Paragraph
two, Clause 4 of this Law of a person who is applying to become a
professional patent attorney in the field of patents must be
acquired in practical work related to invention patent
applications (their compilation, correction, examination), patent
searches, study or consultations on issues of patent protection
or in other comparable professional activities.
Section 123. Qualification
Examination of Professional Patent Attorneys
(1) Examination of knowledge of professional patent attorney
applicants shall be carried out by the commission for the
qualification examination of professional patent attorneys, and
it shall include representatives of the Patent Office and the
Association of Patent Attorneys.
(2) The qualification examination of professional patent
attorneys may be taken by persons who comply with the
requirements of Section 121, Paragraph two, Clauses 1, 2, 3, and
4 and Section 122 of this Law, and have paid the fee for taking
the qualification examination of professional patent
attorneys.
Section 124. Content, Maintenance of
the List of Professional Patent Attorneys and the Procedures for
the Qualification Examination of Professional Patent
Attorneys
The Cabinet shall issue regulations which lay down the content
and the procedures for maintaining of the List of Professional
Patent Attorneys, the procedures for the qualification
examination of professional patent attorneys; the procedures by
which the professional qualification and professional activity of
an applicant shall be considered equivalent to the requirements
of Section 122, Paragraphs three and four of this Law; the
procedures by which an applicant shall certify the facts referred
to in Section 121, Paragraph two, Clauses 1, 2, 3, and 4 of this
Law; the procedures by which the qualification of a patent
attorney of a European Union Member State shall be evaluated for
his or her inclusion in the List of Professional Patent
Attorneys; the fee for taking the qualification examination of
professional patent attorneys, and fee for making amendments to
the List of Professional Patent Attorneys, as well as the
procedures for payment.
Section 125. Rights and Obligations
of Professional Patent Attorneys
(1) A professional patent attorney, within the framework of
his or her professional competence and in the procedures laid
down in laws and regulations, is entitled:
1) to provide services in the field of industrial property in
the area of specialisation, according to which he or she has been
included in the List of Professional Patent Attorneys;
2) to represent persons and to provide them assistance related
to the protection of industrial property, if they have applied to
the Patent Office or the Board of Appeal, other State and local
government institutions, courts, or co-operate with other private
persons;
3) to collect evidence, including to request the necessary
documents from State and local government institutions and
private persons;
4) to become acquainted with the rulings of State and local
government institutions and courts, laws and regulations,
administrative acts, and other information necessary for the
provision of assistance, as well as to receive true copies of
these documents;
5) on behalf of the persons to be represented to settle
payments related to the protection of industrial property
provided for in the industrial property laws and regulations at
the Patent Office and the Board of Appeal, in the court and in
international organisations;
6) to carry out translation of documents related to the
protection of industrial property and, in accordance with the
procedures laid down in laws and regulations, certify such
translations, true copies, and extracts of documents that must be
submitted to the Patent Office, the Board of Appeal, courts,
international organisations, or other persons;
7) to provide other services that conform to his or her
professional qualification;
8) in providing services and representing persons, to freely
choose the legal means and methods.
(2) A professional patent attorney, in providing services and
representing persons, has an obligation to:
1) choose legal means and methods that will best ensure
protection of the rights and legal interests of clients;
2) exercise the rights and fulfil the responsibilities,
maintaining professional honour and dignity;
3) provide information to clients regarding all the activities
carried out on their behalf and their results;
4) after termination of a matter, expiration of authorisation
or upon a request of the client to transfer to the client or -
upon a request of the client - to another person, documents,
evidence held by the professional patent attorney for conducting
the matter, as well as payments received from the client in
relation to protection of industrial property and not yet paid to
the Patent Office, the Board of Appeal, court or international
organisations;
5) comply with the rules of professional ethics adopted by the
Association of Patent Attorneys.
(3) A professional patent attorney throughout his or her
professional activity shall continuously improve his or her
professional knowledge and skills.
(4) A professional patent attorney is not entitled to obtain
for himself or herself (also indirectly) or for any third person
the right, which insofar as it is known to him or her, belongs to
the person whom he or she is representing or to whom he or she is
providing services.
(5) Notwithstanding the provisions of Section 117, Paragraphs
two and three of this Law, a professional patent attorney has an
obligation to submit the authorisation for the representation of
his or her client, if the Patent Office or the Board of Appeal
has reasonable doubts as to the scope of authorisation or other
circumstances related to the representation. In such case the
Patent Office or the Board of Appeal may request the evidence
provided for in Section 118, Paragraph five of this Law also from
a professional patent attorney.
Section 126. Avoiding Conflict of
Interest
(1) A professional patent attorney shall not provide services
to a person or represent a person who is involved in a dispute
(in a procedure of opposition in the Board of Appeal, in court or
otherwise) with any other person to whom he or she provides
services or represents in the same dispute.
(2) If in the circumstances provided for in Paragraph one of
this Section a professional patent attorney receives a task to
provide services or represent a person, he or she has an
obligation to inform, without delay, the person regarding the
respective circumstances and take appropriate action to avoid any
potential conflict of interest.
Section 127. Refusal to Provide
Services and Giving Notice Regarding Authorisation
A professional patent attorney, in conformity with the
conditions of Section 2315 of The Civil Law, may refuse to
provide services and give notice regarding authorisation, if a
client:
1) requires performance of such activities, in carrying out of
which the professional patent attorney would have to violate laws
and regulations or rules of professional ethics;
2) delays payments for the services provided by the
professional patent attorney;
3) requires services performance of which does not conform to
the professional competence of the professional patent
attorney;
4) affects the honour and dignity of a professional patent
attorney.
Section 128. Independence,
Professional Secrecy and Performance Guarantees of a Professional
Patent Attorney
(1) In his or her professional activity a professional patent
attorney shall be independent and subjected only to laws and
regulations.
(2) A professional patent attorney may not disclose secrets of
a client, also commercial secrets. This requirement must be
conformed to not only during the period of conducting a matter,
but also after its completion and termination of the
authorisation, as well as after termination of the professional
activity of the professional patent attorney. The professional
patent attorney shall ensure that these requirements are also
complied with by the employees working under his or her
management who, in carrying out their work tasks, have become
aware of the secrets of a client of the professional patent
attorney.
(3) Only a client or a legal successor of the client may
exempt, in writing, the professional patent attorney from the
obligations referred to in Paragraph two of this Section.
(4) The Patent Office, the Board of Appeal, other State and
local government institutions, courts, prosecutors, and pre-trial
investigation authorities shall guarantee independence of the
professional activity of professional patent attorneys, in
conformity with the prohibition:
1) to intervene with the professional activity of a
professional patent attorney, influence or affect him or her,
request information and explanations from him or her, as well as
to interrogate him or her as a witness on the circumstances which
have become known to him or her in providing services of a
professional patent attorney to his or her clients;
2) to control correspondence and documents of a professional
patent attorney which he or she has received or compiled in
providing services of a professional patent attorney, carry out
their inspection and removal, as well as to carry out a search to
find and remove such correspondence and documents;
3) to control, also by using the procedural means referred to
in Clause 2 of this Paragraph, the information systems and means
of communication, including electronic, used for the provision of
services of a professional patent attorney, to obtain information
from them and intervene in their work;
4) to request information from clients on the content of the
services provided by the professional patent attorney;
5) to subject a professional patent attorney to any sanctions
or threats in connection with the provision of services of a
professional patent attorney to clients in accordance with laws
and regulations.
(5) The restrictions referred to in Paragraph four of this
Section shall also protect the employees working under management
of a professional patent attorney insofar as their obligations
and activities are directly related to the services provided by
the professional patent attorney.
(6) The services of a professional patent attorney shall not
constitute unlawful acts in the interests of a client, as well as
activity for the promotion of an unlawful offence of a
client.
(7) The obligation to maintain professional secrecy shall not
apply to a compensation received by a professional patent
attorney for his or her services.
Section 129. Economic Activity of
Professional Patent Attorneys
(1) A professional patent attorney upon carrying out his or
her economic activity, shall provide information regarding it and
offer his or her services so as not to mislead on the nature and
substance of activities and services of the professional patent
attorney. These requirements shall also apply to the selection of
a firm name of the merchant, if a professional patent attorney
conducts commercial activity.
(2) A professional patent attorney shall agree with the client
on provision of services, undertaking of representation, and the
amount of compensation.
(3) A professional patent attorney shall conduct all the
matters of his or her clients and the record keeping at his or
her place of practice.
Section 130. Civil Liability of
Professional Patent Attorneys
(1) A professional patent attorney shall be responsible for
the violation of the rights, harm and damage that has been caused
due to his or her fault to a person whom he or she represents or
to whom he or she has provided a service, as well as in cases
when violation of the rights, harm or damage has been caused due
to the fault of an employee working under management of the
professional patent attorney who has carried out the assigned
work obligations.
(2) A professional patent attorney or a merchant who employs
him or her, shall insure civil liability of the professional
patent attorney (risk of possible loss as a result of
professional activity) before the professional patent attorney
commences his or her professional activity in this field, and
shall maintain the insurance agreement constantly throughout the
time of his or her professional activity.
(3) The minimum amount of insurance of civil liability of a
professional patent attorney in case of an individual insurance
agreement shall be 100 minimum monthly wages specified in Latvia
in the respective period. If the insurance agreement is entered
into by a merchant who employs two or more professional patent
attorneys (group insurance agreement), the minimum amount of
insurance shall be 200 minimum monthly wages specified in Latvia
in the respective period.
(4) In case of setting in of the circumstances referred to in
Paragraph one of this Section, the liability of the professional
patent attorney shall be limited to the amount of insurance of
civil liability, determined in the insurance agreement, and it
shall not be less than that laid down in Paragraph three of this
Section.
Section 131. Ethics of Professional
Patent Attorneys
(1) The Association of Patent Attorneys shall develop rules of
professional ethics binding to all professional patent
attorneys.
(2) The Association of Patent Attorneys shall assess the
conformity with the rules of professional ethics in the activity
of professional patent attorneys in the following cases:
1) upon a proposal of the Director of the Patent Office;
2) due to a complaint received;
3) upon its own initiative.
(3) The Association of Patent Attorneys shall communicate its
assessment to the submitter of the complaint and it may initiate
a disciplinary matter against the professional patent
attorney.
Section 132. Disciplinary Matters of
Professional Patent Attorneys
(1) The Association of Patent Attorneys may initiate a
disciplinary matter against a professional patent attorney upon
its own initiative or upon a proposal of the Director of the
Patent Office, if the following has been violated:
1) laws and regulations;
2) articles of association of the Association of Patent
Attorneys;
3) rules of professional ethics.
(2) Disciplinary matters of professional patent attorneys
shall be examined by the commission of disciplinary matters,
which is set up for the adjudication of the particular
violation.
(3) Disciplinary matters of professional patent attorneys
shall be examined, disciplinary violations shall be established
and disciplinary sanctions shall be applied in accordance with
the procedures laid down in the articles of association of the
Association of Patent Attorneys.
(4) After examination of a disciplinary matter the commission
of disciplinary matters shall take a decision to terminate the
disciplinary matter or to impose a disciplinary sanction on the
professional patent attorney.
Section 133. Disciplinary
Sanctions
(1) The commission of disciplinary matters is entitled to
impose the following disciplinary sanctions:
1) issue a reproof;
2) issue a reprimand;
3) exclude from the List of Professional Patent Attorneys.
(2) Based on the decision referred to in Paragraph one, Clause
3 of this Section, a person shall be excluded from the List of
Professional Patent Attorneys by the Director of the Patent
Office.
(3) A disciplinary sanction - exclusion from the List of
Professional Patent Attorneys - may be imposed:
1) for intentional violation of laws and regulations or for
gross violation of the rules of professional ethics, if a
significant harm has been caused to the rights or interests of a
client or to dignity or honour of the patent attorney;
2) if the disciplinary sanction is imposed repeatedly.
Section 134. Suspension of the
Professional Activity and Suspension from the Fulfilment of the
Obligations of a Professional Patent Attorney
(1) The Director of the Patent Office is entitled, with a
respective order, to suspend the professional activity of a
professional patent attorney for a time period while the patent
attorney fulfils the obligations of a public official, is elected
to a State or local government institution, political party,
alliance of political parties, or in any other situation where a
conflict of interest is possible, or upon request of the
professional patent attorney during a training period, long-term
disease, and in other cases.
(2) The Director of the Patent Office is entitled to suspend a
professional patent attorney from the fulfilment of the
obligation for the duration of the examination of a disciplinary
matter, if during this period of time the fulfilment of the
obligations of the patent attorney may harm the interests of
clients or dignity and honour of the professional patent
attorney.
(3) After receipt of the written information of the person
directing the proceedings, the Director of the Patent Office may,
for the duration of pre-trial criminal proceedings and
proceedings in a criminal case, suspend from the fulfilment of
obligations such professional patent attorney who is suspected or
accused of committing an intentional criminal offence or to whom
prohibition from a specific employment has been applied as a
security measure in accordance with the procedures laid down in
the Criminal Procedure Law.
Section 135. Exclusion from the List
of Professional Patent Attorneys
(1) A professional patent attorney with an order of the
Director of the Patent Office shall be excluded from the List of
Professional Patent Attorneys:
1) if he or she has submitted a respective written
request;
2) if he or she no longer is a citizen of Latvia or another
European Union Member State;
3) if the court has established trusteeship over him or
her;
4) if his or her address of correspondence no longer conforms
to the requirements of Section 121, Paragraph two, Clause 7 of
this Law;
5) if with a court judgement he or she has been deprived of
the rights to act as a professional patent attorney or other
restrictions have been determined that prevent execution of
professional obligations;
6) according to a decision of the commission of disciplinary
matters;
7) if he or she has falsely stated the information referred to
in Section 121, Paragraph two, Clause 1, 2, 3, 4 or 6 or in
Section 122 of this Law;
8) if he or she is dead or declared missing.
(2) A person who has been excluded from the List of
Professional Patent Attorneys in accordance with the provisions
of Paragraph one, Clause 1, 2, 3 or 4 of this Section, may
request to renew him or her in the List, if the reasons why the
person was excluded have been eliminated. Such person must take
the qualification examination of professional patent attorneys,
if interruption in his or her professional activity has been four
years or more.
(3) A person who has been excluded from the List of
Professional Patent Attorneys in accordance with the provisions
of Paragraph one, Clause 5, 6, or 7 of this Section, may request
to renew him or her in the List not earlier than four years after
day of exclusion, if the reasons why the person has been excluded
have been eliminated, and if his or her non-compliance with the
requirements of Section 121, Paragraph two, Clause 1, 2, 3, 4 or
6 or Section 122 of this Law has been eliminated (if necessary),
as well as the qualification examination of professional patent
attorneys has been passed. If the person has been repeatedly
excluded from the List of Professional Patent Attorneys due to
the abovementioned reasons, he or she shall not be renewed in the
List of Professional Patent Attorneys.
Section 136. Activity of
Professional Patent Attorneys of the European Union Member States
in Latvia
(1) If a patent attorney of a European Union Member State
submits a respective request and documents confirming his or her
rights to act as a professional patent attorney in another
European Union Member State in accordance with the laws and
regulations of this State, the Director of the Patent Office
shall include this person in a separate section of the List of
Professional Patent Attorneys, granting him or her the rights to
temporary professional activity in Latvia. The rights to
temporary professional activity in Latvia shall be granted for
the time period of six months, provided that the person
undertakes to ensure professional co-operation with the Patent
Office, the Board of Appeal, courts, and other institutions in
the official language and indicates an address for correspondence
in Latvia.
(2) The Director of the Patent Office may extend the rights of
a professional patent attorney of a European Union Member State
for temporary professional activity in Latvia every time for six
months, if the person submits a respective request and documents
confirming that he or she is carrying out professional activity
in the field of protection of industrial property in Latvia. The
Patent Office shall take a decision in this issue by hearing the
point of view of the commission of qualification examination of
professional patent attorneys. This commission is entitled to
request oral or written explanations from the patent attorney
regarding his or her activity for the preparation of its
opinion.
(3) If the commission of qualification examination of
professional patent attorneys recognises that a patent attorney
of a European Union Member State has sufficient skills of the
official language and knowledge of the Latvian laws and
regulations needed for professional activity and that his or her
professional qualification conforms for permanent activity in
Latvia in the respective specialisation (Section 124), the patent
attorney shall be included in the List of Professional Patent
Attorneys and shall have the same rights and obligations as a
Latvian professional patent attorney.
Transitional
Provisions
1. If a particular activity in the registration or
post-registration procedure in the Patent Office has been
commenced before coming into force of this Law, the provisions
that were in force on the day when this activity was initiated
shall be applied.
2. The composition of the Board of Appeal of the Patent Office
which has been approved in accordance with the provisions which
were in force prior to the coming into force of this Law, shall
continue to fulfil its obligations until the day when according
to the order of the Cabinet the Industrial Property Board of
Appeal commences its work.
3. Notices of appeal and opposition submitted before the day
when according to the order of the Cabinet the Industrial
Property Board of Appeal commences its work shall be examined, by
applying the norms of the Patent Law, the law On Trade Marks and
Indications of Geographical Origin, the Law On Designs, and the
Law on the Protection of the Topographies of Semiconductor
Products, which were in force until 31 December 2015. Upon a
request of the parties the Industrial Property Board of Appeal
may examine a notice of appeal or notice of opposition submitted
before commencing its work in accordance with the procedures laid
down in this Law.
4. The fee for submitting a notice of appeal or notice of
opposition which has been submitted after 1 January 2016 shall be
paid according to the price list of the paid services of the
Board of Appeal.
5. A participant in a matter of appeal or opposition shall
apply to the court against a decision of the Board of Appeal of
the Patent Office which has been taken after 1 January 2016 in
accordance with the procedures laid down in this Law and the
Civil Procedure Law.
6. Persons whose data have been included in the Register of
Professional Patent Attorneys of the Patent Office before coming
into force of this Law and who have not been excluded from this
Register, shall be included in the List of Professional Patent
Attorneys under the same specialisation, if they submit a
respective written request and documents proving that the person
complies with the provisions of Section 121, Paragraph two,
Clauses 1, 6, and 7 of this Law to the Director of the Patent
Office within six months after coming into force of this Law.
This Law shall come into force on 1 January 2016.
This Law was adopted by the Saeima on 18 June 2015.
President A. Bērziņš
Riga, 2 July 2015
1 The Parliament of the Republic of
Latvia
Translation © 2017 Valsts valodas centrs (State
Language Centre)