News

• 06.07.2009 A new regulation concerning the supplementary protection certificates for medicine comes into force
  
  
  As of July 6, 2009 a new regulation concerning the supplementary protection certificates for medicine comes into force. The Regulation 469/2009 is a codified version of the previous Regulation 1768/92 of June 18, 1992, which has been already substantially amended several times. The aim of the codification is clarity and rationality of the present version of the Regulation.
• 30.04.2009 World intellectual property day
  
  
  In the year 2000 the World Intellectual Property Organization (WIPO) decided to declare 26th of April as a World Intellectual Property day. This year on the occasion of the World Intellectual Property day a set of seminars were organized in Riga by the Patent Office of the Republic of Latvia in collaboration with the Patent and Technology Library.
  
• 16.03.2009 Singapore trademark law treaty comes into force
  
  On March 16, 2009 the Singapore trademark law treaty comes into force in the Republic of Latvia.
  
  
  To be noted that the Singapore TLT provides for relief measures when an applicant or a holder has missed a time limit in an action for a procedure before the Office. This provision is an important addendum, since in accordance with Singapore TLT Contracting Parties must make available, at their choice, at least one of the following relief measures: extension of the time limit, continued processing and reinstatement of rights if the failure to meet the time limit was unintentional or occurred in spite of due care required by the circumstances.
  
  
  
  Singapore trademark law treaty has many innovations in comparison with the Trademark Law Treaty of 1999, particularly such as that Singapore law treaty relates to all types of trademarks and that the trademark owners now have a secure possibility to use different protective mechanisms in cases when terms are missed.
  
  
  As regards Latvia now - in case the applicant has missed the term for payment of the official fee for the renewal of the registration term of a trademark as well as other time limits in relation to trademarks, the applicant is able to file a request for re-establishment of rights to the Latvian Patent Office. In case the abovementioned request is satisfied, the applicant can pay the appropriate official fee together with a corresponding surcharge and therefore keep the rights for the trademark by.
  
  
  Singapore trademark law treaty is available at the following link:   
  

  
  

  http://www.wipo.int/treaties/en/ip/singapore/singapore_treaty.html
  
  
  
• 01.09.2008 Changes in Madrid system
  
  Starting from September 01, 2008 the amendment to Article 9 sexies of the Madrid Protocol, to the Common Regulations under the Madrid Agreement and Protocol came into force, which repeals the safeguard clause, thus introducing some changes into the Madrid system worth paying attention to.
  
  For Latvia being a member state of both Madrid Agreement and Madrid Protocol, the amendment of Article 9 sexies is of direct influence there on. Below is a brief overview of the new system thus introduced. The essence of change is that starting from September 01, 2008, in states that simultaneously are member states of both Madrid Agreement and Madrid Protocol procedure will be governed by Madrid Protocol provisions, opposite to previously established Madrid Agreement dominance. The above will result in some changes both in procedural and financial aspects for applicants seeking their trademark protection on the international level. Thus, starting from September 01, 2008, the basis for international trademark application in countries, that are member states of both Madrid Agreement and Madrid Protocol, could be also national trademark application. Moreover, applications might further on be drafted not only in French, but also in English. Amendment of Article 9 sexies leads also to possibility of filing international application designating member states of both Madrid Agreement and Protocol, directly to International Bureau (WIPO), which was previously prohibited, due to the dominance of Madrid Agreement. The above change resulted also in the increase in relevant fees from 73 CHF to 100 CHF per state and per additional class exceeding three. To be noted however, that individual fee if that is requested by Article 8. (7) of Madrid Protocol is not to be paid as of September 01, 2008. As provided by WIPO Information Notice, these new amounts will apply in all situations where the standard fees are to be paid, under the Agreement or under the Protocol.
  
  
  

• In the light of the London Agreement coming into force, we have recently been rather frequently asked about how the said Agreement will affect the validation of European patents in Latvia and whether it will be necessary to file a Latvian translation of the claims of a granted European patent for the patent to be validated in Latvia. In reply to the above, we would like to kindly provide our colleagues with the following information, namely: the relevant provisions of the London Agreement have actually been implemented into Latvian Patent Law as of March 01, 2007, thus are in force for quite a while already. In accordance with the law in force it is necessary to file the translation of the claims of a granted European patent into Latvian language in three months time following the publication of the mention of grant. Allow us to stress once again that only the claims have to be translated. We hope the above provided will be of an assistance. However, in case of any inquiry in this or any other connection, please feel free to contact us without hesitation