Intellectual Property Rights (IPR)

Working in Europe | Intellectual Property Rights | Latvia

Legal framework for the protection of IPR in Latvia is determined by national and the European Union law as well as international agreements.

Intellectual property in Latvia is protected pursuant to the civil and administrative, as well as the criminal procedure.

Further sections:

  • provide an insight into the intellectual property areas as follows: copyright, patent rights, protection of trade marks, protection of designs and protection of plant varieties;
  • provide information regarding legal framework for the protection of intellectual property in the areas referred to above;
  • specify the State institutions and non-governmental organisations, which shall ensure the protection of intellectual property, as well as succinctly describes the competence of these national authorities and indicates their contact information;
  • provide information regarding international obligations of Latvia in the area of intellectual property protection and international organisations, where Latvia is a party and which implement the protection of intellectual property.

Latvia is part of following international agreements:

  • Berne Convention for the Protection of Literary and Artistic Works since 01.08.1995;
  • Convention Establishing the World Intellectual Property Organization since 01.01.1993;
  • Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms since 23.08.1997;
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations since 20.08.1999;
  • World Intellectual Property Organization Copyright Treaty since 06.03.2002;
  • World Intellectual Property Organization Performances And Phonograms Treaty since 20.05.2002.

The most relevant national laws in the field of copyright:

Basic copyright aspects

  • Author shall mean a natural person, as a result of whose creative activities a concrete work has been created. As the work subject to protection shall be recognized the results of an author’s creative activities in the literary, scientific or artistic domain, irrespective of the mode or form of its expression and its value. If a work has two or more authors and the individual contribution of each author to the creation of the work cannot be segregated as a separate work, copyright to the work shall belong to all the co-authors jointly;
  • Copyright shall be in effect for the entire lifetime of an author and for 70 years after the death of an author. Exception from this rule shall refer to audio-visual works, namely, copyright to audio-visual works shall be in effect for 70 years after the death of the last of the following persons: the director; the author of the script; the author of the dialogue;
  • Copyright without prejudice to the rights of authors, shall protect also derivative works, such as translations, adaptations, summaries, etc.

It is essential to highlight the issue of copyright to the work created on the employer's assignment:

  • if an author has created a work performing his or her duties in an employment relationship, the moral and economic rights to the work shall belong to the author. The economic rights of the author may be transferred, in accordance with a contract, to the employer;
  • if a computer program has been created by an employee while performing a work assignment, all economic rights to the computer program so created shall belong to the employer, unless specified otherwise by contract.

Copyright collecting management is performed by the collecting societies. Collecting society shall mean a legal entity, which on the law or the contract basis manages property rights of the right holders. Procedure for the copyright collecting management shall be established by the Copyright Collecting Management Law.

Copyright is protected under administrative procedure by imposing administrative liability for copyright infringement, as well as in Latvia criminal liability is prescribed for copyright infringement, if the infringement of copyright or related rights has caused material injury for the interests of persons protected by law.

 

 

Services:

Further information:

  • Ministry of Culture is the responsible institution for copyright and neighbouring rights in Latvia. 
  • Patent Office of the Republic of Latvia is the central authority in the field of industrial property protection in Latvia.
  • Ministry of Interior is responsible for inland activities regarding enforcement and Economic Police Bureau is responsible for actions which should be taken to enforce intellectual property rights.
  • State Plant Protection Service is a state institution performs official control and surveillance in the field of free movement of plant protection products, fertilizers, plants and plant products, plant varieties, seed and planting material, as well as collaborates with international organizations and provides the exchange of information with other countries on issues of plant protection, plant quarantine, movement of seeds and variety protection rights.

Non-governmental organizations: