INTELLECTUAL PROPERTY RIGHTS IN LATVIA

Legal basis for trademark protection is the ‘Trademark Law,’ in force since March 6, 2020 as well as the Law on Industrial Property Institutions and Procedures, in force since January 1, 2016.
For getting a trademark registered in Latvia, an application has to be filed with the Patent Office, which administers the entire trademark registration process.
It follows a ‘first-to-file’ system, which means that trademark registration is mandatory for protection.
Latvia follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within three (03) months following its publication date in the official gazette.
In Latvia, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.

Latvia is a member of the Paris Convention for the Protection of Industrial Property.
The Patent Law - in force since March 1, 2007, with latest amendments in force since January 1, 2016 - deals with the mechanism of patent protection in Latvia.
For seeking patent protection in Latvia, an application has to be filed with the Latvian Patent Office, which administers the entire process of patent grant.
A patent shall be granted for an invention that is new, possesses an inventive step, and is industrially applicable. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Pre-grant opposition cannot be filed in Latvia.
The patent lasts for twenty (20) years in Latvia. Annuities should be paid for each year following the year of grant of a patent. The due date is the last day of the month on which the filing date anniversary falls.
Annuities may be paid within a grace period of six (06) months provided that a surcharge is paid.

The 1993 Law on Industrial Design Protection governs and deals with the mechanism of registration of industrial designs in Latvia.
For getting an industrial design registered in Latvia, an application has to be filed with the Latvian Patent Office, which administers the entire process of registration.
The types of industrial design applications that can be filed in Latvia include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Latvia.
The total duration of industrial design registration is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is further extendible for four (04) terms of five (05) years each upon payment of the renewal fee.
The time frame for payment of the renewal fee before the due date is six (12) months.
Payment of renewal fees may also be performed within a period of six (06) months after the expiration of the term of validity of the registration provided that an additional fee is paid.

Latvia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Law (as amended up to June 14, 2017) - forms the basis of copyright protection in Latvia.
In Latvia, generally copyright is in effect for the lifetime of an author and for seventy (70) years after their death.
Copyright to audio-visual works is in effect for seventy (70) years after the death of the last among the director, the author of the script, the author of the dialogue, and the author of a musical work created for an audio-visual work.
Copyright to a work that has legally become available to the public anonymously or under a pseudonym is in effect for seventy (70) years from the time when it has legally become available to the public.
Copyright to a work created by co-authors is in effect for the duration of the lives of all the co-authors and for seventy (70) years after the death of the last surviving co-author.
For any creative work, the term of protection of which is not calculated from the moment of the death of the author or authors - protection expires if within seventy (70) years after the creation of such a work it has not lawfully become accessible to the public.
The rights of performers last for fifty (50) years from the first performance.