WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/LVA/L/1
24 June 1999
(99-2611)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT
LATVIA
The present document reproduces the text1 of the Law on Protection of Topographies of
Semiconductor Products, as notified by Latvia under Article 63.2 of the Agreement (see document
IP/N/1/LVA/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES
À LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD
LETTONIE
Le présent document contient le texte1 de la Loi sur la protection des topographies de produits
semi-conducteurs, notifiée par la Lettonie au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/LVA/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
LETONIA
En el presente documento se reproduce el texto1 de la Ley de Protección de Topografías de
Productos Semiconductores, notificada por Letonia en virtud de lo dispuesto en el párrafo 2 del
artículo 63 del Acuerdo (véase el documento IP/N/1/LVA/1).
                                                     
1 In English only/En anglais seulement/En inglés solamente.IP/N/1/LVA/L/1
Page 2
Law on Protection of
Topographies of Semiconductor Products
Chapter I
General Provisions
Article 1. Terms Used in This Law
The following terms are used in this Law:
1) 'semiconductor product' ¡ the final or an intermediate form of any product
intended to perform, exclusively or together with other functions, an electronic
function, consisting of a body of material which includes a layer of semiconducting
material, and having one or more other layers composed of conducting, insulating or
semiconducting material, the layers being arranged in accordance with a pre-
determined three-dimensional pattern;
2) 'topography' ¡ a series of related images, however fixed or encoded,
representing the three-dimensional pattern of the layers of which a semiconductor
product is composed, and in which series, each image has the pattern or part of the
pattern of a surface of the semiconductor product at any stage of its manufacture;
3) 'commercial exploitation of a topography ¡ 'the sale, rental, leasing or any other
method of commercial distribution or introduction in economic circulation, or an offer
for these purposes;
4) 'holder of the topography' ¡ the creator of the topography of semiconductor
products, his successor in title, or any other natural or legal person, enjoying
exclusive rights under this law, agreement or international treaty approved by the
Saeima (Parliament).
Article 2. Protected Topographies
(1) A topography shall be protected in the Republic of Latvia if it complies with the
provisions of this law and has been registered with the Patent Office of the Republic
of Latvia (hereinafter ¡ the Patent Office).
(2) A topography shall be protected if it is the result of its creator's own intellectual
effort and is not commonplace in the semiconductor industry. A topography shall be
deemed the result of its creator's intellectual effort unless proved to the contrary.IP/N/1/LVA/L/1
Page 3
(3) A topography, consisting of elements that are commonplace in the
semiconductor industry, shall be protected if the combination of such elements,
taken as a whole, complies with the provisions of Paragraph 2 of this Article.
(4) The legal protection of a topography shall not extend to any concept, process,
system or technique, directly or indirectly related to the creation and manufacture of
the topography, as well as to the encoded information embodied in the topography.
Article 3. Persons Entitled to Exclusive Rights
(1) Exclusive right to a topography shall belong to its creator, or, where a
topography has been created jointly by several persons, to all the creators.
(2) Where a topography is created under a contract of employment that provides for
creation of topographies, the exclusive right to the topography may belong to the
employer, if so provided by the collective or individual contract of employment.
(3) Where a topography is created under a contract of commission, the exclusive
right to the topography may belong to the party to the contract by whom the
topography has been commissioned, if so provided by the contract.
(4) Where, in accordance with Paragraphs 2 and 3 of this Article, the creator of the
topography does not have exclusive right in the topography, he is entitled to be
mentioned as the creator of the topography in all the documents and publications
pertaining to the registration of the topography.
(5) Where no exclusive right in topography belong to persons referred to in
Paragraphs 1, 2 or 3 of this Article, they may belong to a person who is the first to
commercially exploit the topography, if no other person has exploited it in Latvia or
abroad.
(6) Exclusive right in a topography may belong to the successors in title of the
persons referred to in Paragraphs 1, 2, 3 and 5 of this Article.
(7) Where exclusive right to a topography belong to several persons, their relations
shall be laid down by an agreement between the holders of the topography. Where
there is no such agreement, the provisions of Civil Law pertaining to common
personal property shall apply.IP/N/1/LVA/L/1
Page 4
Chapter II
Registration of Topographies
Article 4. Filing of an Applicat ion for Registration of a Topography
(1) An application for registration of a topography (hereinafter ¡ application) may be
filed with the Patent Office by any natural or legal person referred to in Article 3 of
this Law (hereinafter ¡ applicant), provided that:
1) this person's habitual residence is in Latvia or this person owns an enterprise
that is located on the territory of Latvia;
2) this person's habitual residence or enterprise is located in a state that has
concluded a bilateral or multilateral agreement with the Republic of Latvia
concerning the protection of topographies of semiconductor products;
3) this person's habitual residence or enterprise is located in a state, to the
natural and legal persons of which, the Republic of Latvia, on the grounds of
mutual agreement, has granted national treatment, and the laws of which
ensure to the natural and legal persons of the Republic of Latvia protection
of topographies of semiconductor products, that in its essence complies with
the provisions of this Law.
(2) The applicant has a right to apply for registration of a topography unless it is
proved that he is not entitled to such right.
(3) An application may be filed before the first commercial exploitation of the
topography or within two years from the date of the first commercial exploitation of
the topography in Latvia or any other state. If an application has not been filed within
two years from the date of the first commercial exploitation of a topography, it is
deemed that the exclusive rights referred to in Article 3 of this Law have not entered
into force during this period, and they can no longer be obtained.
(4) Where a topography is not commercially exploited, the applicant is entitled to file
an application with the Patent Office within 15 years from the year following the year
in which the topography has been created.
Article 5. Application
(1) The application shall comprise:
1) a request for registration of the topography;IP/N/1/LVA/L/1
Page 5
2) a short description of the topography;
3) materials clearly and unmistakably identifying the topography and its
elements that allow reproduction of the topography:
a) drawings or photographies representing layouts of the layers of the
semiconductor product;
b) drawings or photographies of the masques, or their parts, used for
manufacture of the semiconductor products;
c) drawings or photographies of individual layers of the semiconductor
product;
4) documents stating the date of the first commercial exploitation of the
topography (where exploitation of the topography was started before filing
the application). Where the first commercial exploitation of the topography
has been commenced by a person other than the applicant, the applicant
shall indicate his legal relations with this person in respect to the topography;
5) a document certifying payment of the application state fee;
6) letters of authorization where the application is filed through an authorized
representative.
(2) In order to ensure better identification of the topography, the applicant may
additionally file:
1) a sample, or several samples, of the topography. The applicant shall pay a
state fee for filing and storage of the sample topography;
2) magnetic tapes, computer printouts, microfilms or other data storage means
which contain the encoded topographies.
(3) The applicant shall file the application and the short description of the topography
in Latvian. Any other documents and materials referred to in Paragraphs 1 and 2 of
this Article may be filed in English, French, German or Russian. Where the
document certifying the date of the first commercial exploitation of the topography
abroad is in another language, the applicant, at the time of filing the original
document, shall submit also a certified translation of this document in any of the
above mentioned languages.IP/N/1/LVA/L/1
Page 6
(4)  In case of a dispute the applicant (holder of the topography) shall furnish, on the
request of the Board of Appeal of the Patent Office  (hereinafter ¡ Board of Appeal)
or Court, translation of the document referred to in Paragraph 1 or 2 of this Article.
(5) At the time of filing the documents and materials referred to in Paragraph 1,
Subparagraph 3, and Paragraph 2  of this Article, the applicant may submit a written
request indicating the part that contains a trade secret related to the manufacture of
the topography, that must not be disclosed by the Patent Office, the Board of Appeal
or the court. By way of exception such documents or materials may be disclosed,
upon the request of the Board of Appeal or court, to the interested persons that are
parties in a dispute concerning the validity of the exclusive right or infringement
thereof.
(6) The technical requirements concerning preparation of the documents and
materials comprising the application shall be laid down by the Patent Office. The
Office is entitled to amend and supplement the said requirements, in compliance with
the provisions of international treaties approved by the Saeima.
Article 6. Filing Date of an Application
(1) The filing date of the application (hereinafter ¡ filing date) shall be the date on
which the Patent Office receives the application, short description of the topography
and drawings or photographies referred to in Article 5, Paragraph 1 of this Law.
(2) If the provisions of Paragraph 1 of this Article are not fulfilled, the Patent Office
shall notify the applicant, and fix a time-limit for elimination of the noted deficiencies.
In this case the date on which the Patent Office receives all the documents and
materials referred to in Paragraph 1 of this Article, shall be regarded as the filing
date. If the applicant fails to comply with the requirements set by the Patent Office
within the prescribed time-limits, the application shall be considered as not having
been filed, and it shall be communicated to the applicant in writing.
(3) Upon the request of the applicant, the Patent Office shall, within 30 days from
the filing date, send the applicant a certified copy of the application on which the
filing date and number are indicated.
(4) The applicant may file application documents and materials (except the
document certifying payment of the fee), that have no influence on establishing the
filing date, at the time of filing the documents and materials referred to inIP/N/1/LVA/L/1
Page 7
Paragraph 1 of this Article, but no later than 3 months after the filing date; the
document certifying payment of the fee shall be filed within one month from the filing
date. If the said documents are not filed within the prescribed time-limits, the
application shall be deemed abandoned.
Article 7. Examination of an Application
(1) The Patent Office shall, within 3 months from the filing date, examine an
application as to compliance with the provisions of Article 4, Paragraphs 1, 3, and 4
and Article 5, Paragraphs 1 and 3 of this Law, as well as the technical requirements
set down by the Patent Office with respect to preparation of an application
documents and materials.
(2) If the application complies with the said requirements, the Patent Office shall
take a decision on the registration of the topography in the State Register of
Topographies of Semiconductor Products and the publication of the respective
announcement.
(3) If an application does not comply or only partially complies with the prescribed
requirements, the Patent Office shall notify the applicant and fix a three month period
for elimination of the noted deficiencies.
(4) The Patent Office shall take a decision to reject the application if the applicant
has failed to eliminate the noted deficiencies within the prescribed time-limits.
Article 8. Registration of a Topography
(1) The Patent Office shall register the topography in the State Register of
Topographies of Semiconductor Products, publish the information about the
topography in the Official Bulletin, and shall issue to the applicant, upon payment of
the state fee, a standard certificate of registration of the topography as soon as
possible after the adoption of a positive decision.
(2) Where an application is filed prior to the first commercial exploitation of the
topography, the applicant is entitled to request that the publication of the
announcement of registration of the topography is postponed until the first
commercial exploitation of the topography, but no longer than one year after the
registration date of the topography.IP/N/1/LVA/L/1
Page 8
(3) As soon as announcement of registration of the topography has been published,
any person shall have the right to inspect the application documents and materials in
the Patent Office.
(4) The provisions of Paragraph 3 of this Article shall not apply with respect to those
parts of the application that the applicant regards as trade secret, and with respect to
whose non-disclosure he has, under the provisions of Article 5, Paragraph 5 of this
Law, filed a written request with the Patent Office.
Article 9. Filing and Examination of an Appeal
(1) Patent Office's decision to refuse acceptance of an application for examination,
to reject an application during examination, or to refuse registration of the
topography may, on payment of the prescribed state fee, be appealed against with
the Board of Appeal within 3 months from the date of such decision.
(2) The Board of Appeal shall examine the appeal within 3 months in accordance
with the procedure for appeal proceedings laid down in the Patent Law.
(3) The decision of the Board of Appeal to refuse registration of the topography may
be appealed against by the appellant to the Regional Court of Riga within a six
month period in the procedure set by law. Other decisions of the Board of Appeal
shall be final.
Article 10. Filing and Examination of Oppositions
(1) Where the provisions of Article 4, Paragraphs 1, 3 or 4 and Article 5,
Paragraph 1, Subparagraphs 1, 2, 3 or 4 of this Law have been violated, any person
may file with the Board of Appeal a substantiated opposition against the registration
of the topography as a whole or in part within six months from the date of publication
of the announcement of registration of the topography. The opposition shall be filed
in writing in two copies. A state fee shall be  paid for filing an opposition. If the fee is
not paid, the opposition shall not be accepted for examination.
(2) The Board of Appeal shall notify the applicant of the registered topography of the
opposition and, at the same time, set time-limits for submitting his observations.
(3) The Board of Appeal shall take a decision to cancel the registration of the
topography, if the applicant fails to submit his observations within the time-limits
prescribed by the Board of Appeal.IP/N/1/LVA/L/1
Page 9
(4) The Board of Appeal shall, within 3 months from the date of receipt of the
applicant's observations, examine the opposition in accordance with the procedure
for settlement of patent disputes laid down in the Patent Law. The opponent, the
applicant and their representatives are entitled to participate in opposition
proceedings, to submit the necessary materials and to provide oral explanations.
(5) The decision of the Board of Appeal to satisfy the opposition fully or partially may
be appealed against by the applicant of the registered topography to the Regional
Court of Riga within a six month period. Rejection of the opposition shall not deprive
the opponent of the right to contest the registration of the topography in court in
accordance with general provisions of patent invalidation laid down in the Patent
Law.
Chapter III
Rights Derived from Registration of a Topography
Article 11. Subject Matter and Nature of Exclusive Rights
(1) The person in whose name the topography has been registered, shall have the
exclusive right to:
1) reproduce the topography as a whole or in part by any means or in any form;
2) embody the topography in a semiconductor product by any means or in any
form;
3) commercially exploit the topography or the semiconductor product
embodying the topography, as well as to manufacture, offer for sale,
distribute, import or store it for these purposes.
(2) Other persons are prohibited to perform any of the acts referred to in
Paragraph 1 of this Article without the authorization of the holder of the topography.
(3) The holder of the topography may transfer his rights in whole or in part to any
other person.
(4) Any topography that is protected under the provisions of this Law, as well as the
applicable  exclusive right, are conferred the legal status of personal property, and,
unless this Law provides otherwise, the provisions of the Patent Law pertaining to
licences, licence agreements and other transactions related to exclusive rights, shallIP/N/1/LVA/L/1
Page 10
apply, as well as the general propositions of Civil Law on personal property and
property transactions.
(5) Where the registered topography is not exploited in Latvia, or is exploited in a
scope that does not objectively satisfy the state interests of Latvia, and where the
holder of the topography refuses to grant a licence to the interested person, the
court, on request of the said person, may grant permission (compulsory licence) to
exploit the registered topography. A compulsory licence may be granted in
accordance with the provisions of the Patent Law, at any time from the date of
registration of the topography.
(6) Any transaction involving a registered topography shall be considered null and
void, unless it is registered with the Patent Office.
Article 12. Term of the Exclusive Rights
(1) Exclusive right in a topography shall enter into force on the earlier of the
following dates - the date of first exploitation of the topography in Latvia or any other
state, or the filing date.
(2) Exclusive right in a topography cannot be obtained if, within 15 years from the
year following the year in which the topography has been created, the respective
application has not been filed with the Patent Office or exploitation of the topography
was not commenced.
(3) Exclusive right in a topography shall be in force for 10 years from the earlier of
the following dates - from the year following the year in which the application has
been filed or on which exploitation of the topography was commenced, provided that
the application is filed within 2 years from the date of the first commercial exploitation
of the topography.
Article 13. Restrictions of Exclusive Rights
(1) Exploitation of a topography, or a topography that is embodied in a
semiconductor product, shall not constitute an infringement of the exclusive right of
the holder of topography referred to in Article 11, Paragraphs 1 and 2 of this Law,
where the said exploitation is:
1) for private and non-commercial purposes;
2) for purposes of scientific experiment or research;
3) for teaching purposes;IP/N/1/LVA/L/1
Page 11
4) for analysis or evaluation of the topography, or concepts, methods, systems
and techniques related to the said topography (embodied in the topography).
(2) The provisions of Article 11, Paragraphs 1 and 2 of this Law pertaining to
exclusive rights of the holder of topography shall not apply with respect to any
improved topography created on the basis of scientific research, analysis or
evaluation of a known topography belonging to another person. The newly created
topography shall be registered and protected where its features, taken as a whole,
comply with the provisions of Article 2 of this Law.
(3) The holder of the topography cannot prohibit another person to commercially
exploit his topography or a semiconductor product embodying the said topography,
in products manufactured by this other person, if the holder of the topography or
another person authorized by him has introduced the said topography or the
respective semiconductor product in economic circulation either in Latvia or in any
foreign country.
(4) Commercial exploitation of a topography or a semiconductor product embodying
the said topography shall not constitute an infringement of the exclusive right, where
the person who independently and in good faith exploits it (hereinafter ¡ the user), or
his successor in title is not aware or cannot be expected to be aware of the existence
of such exclusive right. In this case the exploitation of the topography or the
respective semiconductor product may be continued after the user has become
aware or should have become aware of the existence of the exclusive right, provided
that the holder of the topography has given his consent (based on a licence
agreement) and pay him reasonable compensation. Any disputes between the
holder of the topography and the user shall be settled by court.
Article 14. Lapse of the Registration of a Topography
(1) The Patent Office shall cancel the registration of the topography before the
expiration of its term if the holder of the topography so requests. The registration
shall be cancelled as from the date indicated in the request.
(2) Where the right in topography belong to several persons or have been
transferred to a third party, the registration can be cancelled only with the consent of
all the holders of the topography.IP/N/1/LVA/L/1
Page 12
Article 15. Invalidation of the Registration of a Topography
(1) Any interested person may institute an action before the Regional Court of Riga
to invalidate the registration of a topography within the term of validity observing the
law provisions concerning the lodging of a claim.
(2) The registration of a topography may be invalidated if:
1) the subject-matter (object) of the registration does not comply with the
definition of semiconductor products and topography set forth in Article 1 of
this Law, and with the main provisions for protection of topographies referred
to in Article 2;
2) the mandatory documents and materials of the application (Article 5,
Paragraph 1, Subparagraphs 1 and 2, and Subparagraph 3, Item "a") as
compared to other documents and materials of the application (Paragraph 2
of Article 5) misidentify the topography as a whole or in part or discloses the
essence of the topography so unclearly that it is impossible to identify the
topography unmistakably;
3) the topography has been registered in the name of a person who was not
entitled to apply for it  (Paragraphs 1, 2, 3, 5 and 6 of Article 3, and
Paragraph 1 of Article 4);
4) the topography has been registered in violation of the provisions of Article 4,
Paragraphs 3 and 4 this Law pertaining to the time-limits for filing an
application;
5) the document certifying the date of first commercial use of the topography
(Article 5, Paragraph 1, Subparagraph 4) is false and indication of a false
date influences the right of the applicant to file an application for registration
(Paragraphs 3 and 4 of Article 4) or the term of validity of the exclusive right
(Article 12).
Chapter IV
Protection of Rights of the Creat or and the Holder of a Topography
Article 16. Restoration of Rights
(1) Any person who meets the requirements set forth in Article 4,  Paragraph 1 of
this Law and who has proof of his right in a topography, may submit a claim to courtIP/N/1/LVA/L/1
Page 13
to transfer to him the right to the application or the registered topography, where the
application has been filed by another person who was not entitled to do so, or the
registration has been effected in favour of this other person.
(2) The rights referred to in Paragraph 1 of this Article may be exercised no later
than two years from the date of registration of the topography.
(3) The Patent Office, on the grounds of a judicial decision shall introduce the
necessary changes  in the Register of Topographies of Semiconductor Products and
other documents relating to the registration of a topography. The request for making
the necessary changes shall be accompanied by a document certifying payment of
the state fee.
(4) The creator of a topography, who is not the holder of the topography, is entitled
to protect his rights in court in accordance with the procedure set forth by the Patent
Law for protection of the rights of inventor.
Article 17. Protection of Exclusive Rights
(1) The holder of a topography and - with his consent - the holder of exclusive
licence has the right to mark the topography, semiconductor product or packaging
thereof with a sign warning about the registration of the topography and the
exclusive rights, and that may comprise one or more of the following signs:
1) a sign in the form of an encircled letter "T";
2) the starting date of the first commercial exploitation of the topography;
3) the surname (title) or mark of the holder of the topography.
(2) The warning sign shall be regarded as proof that the topography has been
registered, or applied for registration, or that the holder of the topography intends to
register it within the time-limits set forth by Article 4 of this Law.
(3) The warning sign may not be placed on a product where the request for the
registration of the respective topography has not been filed within the time-limits set
forth by Article 4 of this Law, or where the application has been rejected. Otherwise
the provisions of the current legislation and other normative acts pertaining to unfair
competition shall apply.
(4) The holder of a topography or the holder of an exclusive licence shall have the
right to notify third parties, who are likely to use or are preparing to use theIP/N/1/LVA/L/1
Page 14
topography or the semiconductor product embodying the said topography, about
filing of the respective application or about registration of the topography.
(5) The holder of the topography may, from the date of registration of the topography,
submit a claim to court on infringement of exclusive rights. The holder of an exclusive licenceshall have the same rights.
Chapter V
Responsibility for Infringement of Exclusive Rights
Article 18. Concept of Infri ngement of Exclusive Rights
(1) Any act referred to in Article 11, Paragraph 2, of this Law, shall be deemed
infringement of exclusive rights, if it has been performed during the term of validity of
the registration of the topography without the consent of the holder of the topography
or without any other legal grounds. An act shall be regarded as infringement, if its
object is the topography as a whole or an essential part thereof.
(2) An act shall be deemed an intentional infringement, where it has been performed
after the infringer has been notified by the holder of the topography or by the holder
of an exclusive licence about the filing of t he respective application or the registration
of the topography, and in cases where the disputable article carries a warning sign
(Paragraphs 1 and 4 of Article 17).
(3) Any person shall be deemed infringer and shall be responsible for infringing
exclusive rights even where the acts, referred to in Paragraph 2, Article 11, of this
Law, have been committed through the assistance of third parties.
Article 19. Responsibility for Infr ingement of Exclusive Rights
(1) The provisions of Article 41 of the Patent Law pertaining to responsibility for
infringement of exclusive rights shall apply mutatis mutandis to the protection of a
topography, with the exceptions provided for in this Article.
(2) A person who has, without the consent of the holder of the topography or without
any other legal grounds, performed any of the acts referred to in Article 11,
Paragraph 1 of this Law, after the date of registration of the topography or after the
date of receipt of a notice from the holder of the topography or the holder of an
exclusive licence about the filing of the respective application (where the application
has been accepted by the Patent Office), shall compensate to the holder of theIP/N/1/LVA/L/1
Page 15
topography the damages caused by the infringement of the exclusive rights and shall
discontinue the exploitation of the topography or the semiconductor product.
(3) A person who has performed the acts referred to in Article 11, Paragraph 1 of
this Law during the period between the date on which the holder of the topography
has commenced the first commercial exploitation of a semiconductor product marked
with a warning sign and the date of registration of the topography, shall only pay to
the holder of the topography a reasonable compensation and discontinue the
exploitation of the topography or the semiconductor product. In case of dispute the
amount of reasonable compensation shall be determined by court, considering the
economic value of the exploitation of the topography.
(4) A person who has performed the acts referred to in Article 11, Paragraph 1 of
this Law after the holder of the topography has commenced the first commercial
exploitation of the unmarked semiconductor product, shall only pay a reasonable
compensation to the holder of the topography. Where the compensation has been
paid and where the said person expresses a wish to that effect, the holder of the
topography shall grant a licence giving the said person a right to continue the
exploitation of the topography in his enterprise in the same scope that the
topography was used before the registration date. In case of dispute the amount of
reasonable compensation and the licence terms shall be determined by court,
considering the economic value of the exploitation of the topography.
(5) The provisions of Paragraphs 2, 3 and 4 of this Article shall no apply with respect
to persons who have, during the period between the date on which the holder of the
topography has commenced the first commercial exploitation of the semiconductor
product and the date on which the exclusive right of the holder of the topography
have taken effect, performed any of the acts referred to in Article 11, Paragraph 1 of
this Law in bad faith or fraudulently. Such infringements of exclusive right, where the
fact of infringement has been ascertained, shall be deemed intentional
infringements, and provisions of Paragraphs 6 and 8 of this Article shall be
applicable.
(6) Where the infringement of exclusive right has been performed after the
registration date of the topography, and the fact of infringement has beenIP/N/1/LVA/L/1
Page 16
ascertained, the holder of the topography or his successor in title, whose rights and
legal interests have been infringed, may demand:
1) termination of the exploitation of the topography, or the semiconductor
product embodying the said topography;
2) arrest or destruction of the products, and conveyance thereof to aggrieved
party at the prime cost with the consent of the aggrieved party;
3) reimbursement of damages caused by the infringement, as well as
reimbursement of unrealized profit;
4) allotment of the profits, obtained by unlawful exploitation of the topography
or the semiconductor product embodying the said topography, to the
aggrieved party, completely or in part.
(7) When instituting an action before court, the plaintiff may not, for one and the
same infringement, claim reimbursement of damages (Paragraph 6, Subparagraph 3
of this Article) and allotment of the obtained profit to the aggrieved party
(Paragraph 6, Subparagraph 4 of this Article).
(8) The persons guilty of the acts infringing the exclusive right of the holder of the
topography shall be held responsible in accordance with the provisions of the Law.
Chapter VI
Final Provisions
Article 20. Application of Provisions of  Other Laws and International Treaties
for Protection of Topographies
(1) The provisions of this Law shall be without prejudice to the exclusive rights and
legal relations arising from the said exclusive rights, that are, with respect to
topographies of semiconductor products embodying the said topographies, founded
in the provisions of the Patent Law or other laws pertaining to the protection of
intellectual property.
(2) For the purposes of this Law the following provisions of the Patent Law shall
apply mutatis mutandis:
1) on the State as the subject of rights (Article 6);
2) on representation before the Patent Office (Article 7, Paragraph 4,
Subsection 7 and Article 29);IP/N/1/LVA/L/1
Page 17
3) on the interests of State security and the respective Patent Office's rights
(Article 11, Paragraph 4);
4) on State fees (Article 21, Paragraph 2);
5) on restrictions on Patent Office employees (Article 23);
6) on Board of Appeal (Article 27);
7) on nature of patent rights (Article 36);
8) on use of an invention (Article 37, Paragraphs 2, 3 and 4);
9) on licence and licence contract (Article 38);
10) on compulsory licences (Article 39);
11) on compensation for damages caused by prohibition of publication
(Article 44);
12) on review of disputes in court (Articles 46, 47, 48 and 49).
(3) Where international treaties approved by the Saeima contain provisions which
differ from those in this Law, the provisions of such international treaty shall be
applicable.
Transitional Provisions
1. Topographies, the first commercial exploitation of which was commenced no
earlier than two years before the date of entry into force of this Law, shall be
registered in Latvia.
2. The Cabinet of Ministers shall determine the amount of fees for legal protection
of topographies. Until the date on which the respective Rules of the Cabinet of
Ministers enter into force, these fees shall be paid in the amount fixed for the
protection of industrial designs.
This Law shall enter into force on the thirtieth day following its promulgation.
Adopted by the Saeima on March 12, 1998
President of the State G. Ulmanis
Riga, March 31, 1998
__________