The first legislative initiatives
regarding development and operation of state-significant information systems
and major intellectual property rights, started soon after regaining of
independence in the beginning of 1990s. The initiatives resulted in the
government regulations on state-significant information systems in 1994, and
laws on author's rights and neighboring rights, patent rights, trademarks and
industrial designs in 1993. Latvia also joined the Bern Convention in 1993.
The European Agreement between Latvia and the EU, which was signed in 1997,
was the next step.
It must be said that work in the area
of IT&T legislation in Latvia has largely been uncoordinated, and it has
been based mostly on the government’s political desire to react to the
European Union’s various directives. Nevertheless some of the common basic
principles were kept:
- Each member of society has the right
to be informed. Therefore, information from the state’s institutions of
authority and governance must be generally available. The accessibility
can be limited only by law.
- Information about individuals may
not be disclosed if the information would cause any type of harm to the
respective individual. Regulations for information allowed to be revealed
and the order for disclosure is set out in the law.
- Intellectual work must be
facilitated, ensuring people who are active in this area with sufficient
and stimulating compensation
In
February 1999, Latvia became a member of the 1993 Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) upon joining the WTO.
In 1999, they began a “Working Group” on the protection of
Intellectual Property, and a new Copyright Law took
effect on May 10, 2000.
Latvia has also ratified the following
international agreements:
- "The Paris Convention" (since 7 September
1993);
- "PCT" (since 7 September 1993);
- "WIPO" (since 21 January 1993);
- "The Madrid Agreement Concerning the International
Registration of Marks" (since 1 January 1995) and "Madrid
Protocol";
- "The Budapest Treaty on the International
Recognition of the Deposit of Micro-organisms for the Purposes of Patent
Procedure" (since 29 December 1994);
- "The Nice Agreement Concerning the International
Classification of Goods and Services for the Purposes of the Registration of
Marks" (since 1 January 1995);
- "The Bern Convention for the Protection of Literary
and Artistic Works" (decision made by Cabinet to renew the membership,
dated 18 April 1995);
- "The Trademark Law Treaty" (signed on 27
October 1994);
- "The Agreement for the Protection of Intellectual
Property between the Republic of Latvia and the United States of
America" (effective as from 29 January 1995).
In mid 1999, the situation with
IT&T legislation was the following:
- Major intellectual property
protection legislation in effect since 1993.
- The law On Publicity of Information
is in effect. The law "On National Secrets", which limits
overall accessibility, is already in force.
- It is expected that law "On
Personal Data Protection" will be adopted by 1999.
- Ministries are also reviewing
proposed amendments to the law On Author Rights and Neighbouring Rights.
The draft includes various elements, which are required by EU directives.
The law applies also to computer programmes.
- The law On Database Protection is
currently elaborated.
- Working group within the Ministry of
Transport is preparing new Telecommunications Law providing for market
liberalization. Negotiations with interested parties are underway.
- The Criminal Code of Latvia contains
several articles related to violation of information technology acts.
Nevertheless, it is not easy to detect these violations of law and even
more difficult it is to prove them. Amendments to the Criminal Code have
been drafted envisaging considerable punishment for computer-related
criminal acts; The Criminal Code already currently contains rather serious
sanctions for infringement of copyright; corresponding additions should
still be made to the Administrative Offence Code;
Overview of Latvian Laws in 200017:
-
The
Republic of Latvia Patent
Law ( the current Patent Law entered into force on April 20, 1995, except
Chapter V. of the Law which took effect on May 01, 1995)
-
The Law of the Republic of Latvia on Trademarks
and Indications of Geographical Origin (entered into force on July 15, 1999
-
The Republic of Latvia Law
on Industrial Design Protection (entered into force on June 10, 1993)
-
Law on the Protection of Topographies of Semiconductor Chips (entered into force
on April 30, 1998)
-
Law on the Protection of Plant Varieties ( of 1993; new redaction took effect on
January 01, 2000)
-
The Copyright Law
(the new Law entered into force on May 10, 2000)
-
The Competition
Law (entered into force on January 01, 1998)
-
The Customs Law
(entered into force on July 01, 1997; amended of May 28, 1998 and of October 29,
1998)
-
The Order of Customs
Control Measures on Intellectual Property Protection (entered into force on
July 28, 2001)
-
The Law on the Protection of Internal Market (entered into force on February 24,
1999 with amendments of April 13, 2000)
-
The Law on
Antidumping (entered into force on July 01, 2000)
-
The Law on Pharmaceutics (entered into force on May 08, 1997 with amendments of
March 10, 1998)
-
The Law on Accessibility of Information (entered into force on November 20,
1998)
-
The Law on Protection of Consumers (entered into force on November 19, 1992 with
amendments of January 29, 1998)
Patents24:
General
principles
A
Latvian "Patent Law" was passed on 19 April 1995. The law contains
provisions relating to the patentable subject matter, the subjects of patent
rights, the procedure for granting patents international applications under the
Patent Co-operation Treaty, the European patent extension to Latvia, the
functions of the Latvian Patent office, and the rights derived from patent. It
also deals with the infringement of patents, the exploitation and licensing of a
patent and the enforcement of patent rights.
Patentable
subject matter
A
patent is granted in accordance with the patent application, which is filed with
the Latvian Patent office. A patent may be granted for an invention which is
new, industrially applicable and which has inventive step. Non-patentable
subject matters are discoveries, scientific theories, mathematical methods,
designs, methods for performing mental acts, software and methods of presenting
information, if the above-mentioned subject matter as such is claimed. Also,
inventions, which are contrary to public order and morality, as well as
varieties of plants or animals or essential processes of the biological
production of plants or animals (except microbiological processes), are
considered as non-patentable subject matter.
Generally,
the patentability criteria in Latvia correspond to those set by the European
patent convention. The Latvian Patent office does not perform a substantive
examination of a patent application; i.e. it does not check the
conformity of the invention to the provisions of patentability. After a
preliminary examination is performed, the invention is published, and third
parties are invited to submit their oppositions to registration, within nine
months of the date of publishing.
Exclusive
rights
The
exclusive rights to patents are effective from the date they are granted and
expire no later than twenty years from the filing date. The exclusive rights may
be ceased prior to the expiration of twenty years from the filing date by a
court decision, or as a consequence of the failure to pay the patent maintenance
fee.
The
ownership of a patent grants the owner the exclusive right to produce and to use
the patented product, as well as to offer it for sale, to put it into
circulation and to import or stock the patented product for the above-mentioned
purposes. It also bestows upon the owner the right to use the patented process
and to offer it for sale, to put it into economic circulation and to import or
stock the patented product for the above-mentioned purposes, a product that is
obtained with a patented process.
Fair
use
The
extent of exclusive rights is determined by the claims of the patent taking into
account substance of the invention. The fair-use doctrine is applicable to
exclusive patent rights. Exclusive rights are not extended to the use of the
patented subject for non-profit purposes, scientific experiments or research as
well as the testing of a patented invention and preparation of medicine and in
pharmacy in exceptional cases as prescribed by a doctor, the exploitation of
patented product after the first sale and to the construction of any foreign
means of transport which temporarily enters Latvia.
European
patent extensions
A
European patent, which has been extended to Latvia, has the same effect as a
domestic patent, except that the exclusive rights are terminated no later than
twenty years from the date on which the Latvian Patent office has received the
application of registration of the European patent.
Trademarks24:
General
principles
The
legal status of trademarks in Latvia is determined by the law "On
Trademarks and Indication of Geographical Origin" of 16 June 1999. The
law has provisions relating to the procedure for trademark registration, for the
use of a trademark, the expiration of the trademark, and the applicability of
international agreements.
A
trademark or a service is used in order to distinguish the goods and services of
one enterprise from those of another enterprise. Trademarks may consist of
words, letters, numbers, first names and surnames, graphics, three-dimensional
shapes, light signals or of any combination of the above-mentioned items.
Exclusive
rights
Well-known
trademarks are protected in Latvia without registration. A registered trademark
gives the owner the exclusive right to use the trademark and to transfer the
associated rights, as well as to prohibit others from using the mark and similar
marks in relation to goods in respect of which the mark is registered and in
relation to similar goods, if the use of this mark is likely to confuse
consumers or create association. A registered trademark is valid for ten years.
After expiration of the term, registration may be renewed continuously.
Criteria
for registration
Certain
signs may not be registered as marks, namely those which reproduce the names of
firms and products which are well-known in Latvia, as well as marks which
reproduce trademarks belonging to any other person and are well-known in Latvia
or similar trademarks if there is a likelihood of confusion or association, even
if the trademarks are not registered in Latvia.
The
registration of a trademark is done by filing a trademark application with the
Latvian Patent Office. After preliminary and substantive examination, the mark
is published, and third parties are invited to submit oppositions against the
registration of the mark within 3 months of the date of publication.
Enforcement
The
law sets forth the legal procedure for enforcing the trademark rights. The owner
of the trademark is entitled to initiate litigation against any infringing use
of the trademark by a third party and to make a claim to terminate the
infringing use. The owner may also seek an indemnity for incurred losses, by
demanding that the infringing packaging be changed, or he may seek the
destruction of the infringing goods or the delivery of the infringed goods to
the owner of the trademark, or the delivery of the goods to charity.
Designs24
Pursuant
to the law "On Industrial Designs" of 4 May 1993, industrial
designs are the external appearance of an article, which has been created as a
result of an artistic design.
The
owner of a patent has exclusive rights to industrial design. The owner is
entitled to use the industrial design, to offer it for sale, to put it into
circulation and import, to export or stock the design for the above-mentioned
purposes. The designer of the article has moral rights of non-transferable
paternity as an author of the design. The patent of design is valid for five
years. After the expiration of the term, the patent may be renewed for two
additional terms.
A
design patent is granted according to a patent application, which has been filed
with the Latvian Patent Office. A patent may be granted for an invention, which
is new, visually appealing and useful. Computer software layout on the screen
may be protected by design patents. Non-patentable subject matters comprise the
external appearance of the article only if it is predetermined by the technical
functions of the article, if it contradicts morality, if the article is an
object of architecture, other than small forms of architecture, or if the
article is nondescript and is formed from powder, liquid or gaseous substances
or other similar substances.
The
Patent Office does not perform substantive examinations of patent applications
and regards the conformity of the design to provisions of patentability. After a
preliminary examination is performed, the design is published and the third
parties are invited to submit their oppositions to the registration of the
patent within six months of the publication date.
Copyrights24
The
law "On Copyright and Neighbouring Rights" of 11 May 1993
applies to works of science, literature and music, software, as well as to works
of visual art, irrespective of the purpose or merit of the work or the mode of
its expression. Also, copyrights may be obtained on derivative works, such as
translations and adaptations, works which have been redone, annotations,
synopses, summaries, reviews, musical arrangements. Copyrights can also be
granted to the collections of works, for instance encyclopaedias, anthologies
and atlases, as well as databases and other compilations which, by the selection
and arrangement of the material, have resulted in the creation of a work. In
order to be subject to copyright, the works, ideas and concepts must be made
known to the public in any form.
In comparison with previous Copyright Law (of 1993)
the current Law corresponds with WIPO Copyright Treaty, European Directive on
the legal protection of databases, regulations of TRIPS.
According to the current Law the objects of Copyright protection are the
following:
- literary works (books, pamphlets,
speeches, computer programs, lectures, slogans, reports, sermons and other
of the same nature);
- dramatic and dramaticomusical works,
scenarios, literary projects of audiovision works;
- choreographic works and entertainments
in dumb shows;
- musical compositions with or without
words;
- audiovision works;
- drawing, painting, sculpture and
graphical works as well as other artistic works;
- business artistic works, decorations
and stage designing works;
- design works;
- photographic works and works expressed
by a process analogous to photography;
- sketches, drafts, projects of
building, architectural works and developments, other architectural works,
works of town-planning, projects and developments of parks and gardens, as
well as fully or particullary built constructions and implemented objects of
town-planning or landscapes;
- geographic maps, plans, sketches,
plastic works related to geography, topography and other sciences;
- other author works.
Rights
of author24
The
author of a work has personal rights of the work (authorship, recognition of
his/hers name etc.) as well as financial rights (to publish, to translate, to
retranslate etc.). Copyrights bestow exclusive rights to the author and enable
him to use the work and to derive profit from it. Copyrights are not trespassed
if the work is used for informative, educational or research purposes, it is
reproduced for library, archive and courts needs etc.).
Duration
A
copyright is in force throughout the author’s life and for 70 years after the
author’s death. As there can be appointed executor of the last will, author
can appoint a person, who is entitled to protect author’s copyrights until
his/her own death. The copyright to an audio-visual work remains in force for a
period of 70 years after the death of the last of the following – director,
author of the screenplay, author of dialogues, author of music. In case if such
a work is created under pseudonym or anonymous, copyrights are protected 70
years after its made available to the public.
Neighbouring
rights24
The
law specifies that the owners of neighboring rights are the performers, the
producers of sound recordings, broadcasting organizations, and organizations
that communicate to the public by wire or their successors in interest or heirs.
Neighboring rights are effective for 50 years after they have been first
performed or produced. The rights with respect to producers of sound recordings
are effective for 50 years after the first sound recording is released. The
rights of broadcasting organizations are effective for 50 years after the first
broadcast by that organization. If the organization transmits by wire, the
rights are effective for 50 years after the first transmission by wire by that
organization.
Apart
from international conventions and agreements, provisions on protection of the
copyrights and neighbouring rights are set both in the law “On copyrights”
and in the regulations of the Cabinet of Ministers “On order of customs
control activities for the protection of intellectual property”.
created as a result of an artistic design.
Electronic protection, legal
protection and security (encryption, electronic commerce)
[A draft went under review in the Fall
of 2001]. Latvia also subscribes to the WTO requirements.
Privacy, data protection, consumer
protection
- Draft law On Personal Data
Protection has passed the second reading in the Saeima (Parliament).
- The law On Consumer Protection has
been in effect since March 1999.
The Umbrella Agreement gave Lattelekom
the exclusive right license to provide public voice telephony and public
network infrastructure to the fixed lines for 20 years (until 2013; but this
will potentially be shortened to 2003--it is currently being reviewed by an
International Court of Arbitration). A state institution can create a
specialized state telecommunications networks without any authorization but in
co-ordination with the Ministry of Transport. Telecommunications services can
be provided on private telecommunications networks without any authorization
but only for own needs and without any transmission to Lattelekom network or
from any foreign telecommunications network.
The Telecommunications Law, also states
that an individual license from the Ministry of Transport is needed for the
establishment of a public mobile radio telecommunications network. Two GSM
licenses are already accorded, and a third is under consideration. [It
is hoped that the third will be issues quickly in order to open the
competitive market more widely]. An individual license is required for
satellite communications.
The Telecommunications Law states that
Lattelekom is obliged to develop the public network as to guarantee the
provision of quality basic telecommunications services, to ensure
accessibility of these services to all residents, and also the right for users
of telecommunications services to connect to the public network on a
non-discriminatory basis.
Freedom of expression and
information
Freedom of expression is granted by the
Satversme (Constitution of Latvia).
The Law "On Publicity of
Information" has been in effect since October 1998. The Law requires
information of Government bodies and local governments to be freely accessible
unless it is forbidden by some other law, e.g. the law "On National
Secrets" that limits general access to confidential information.