Publication:
Latvijas Vēstnesis
, 127,
02.07.2015.
OP number: 
2015/127.4
Issuer: 
Saeima
Type: 
law
Adoption: 
18.06.2015.
Entry into force: 
01.01.2016.
The 
Saeima
1
 has adopted and
the President has proclaimed the following law:
Law on 
Industrial Property Institutions and Procedures
Division 
A
General Provisions and Procedures of the Patent Office
Chapter I
General Provisions
Section 1. Terms Used in this 
Law
The following terms are used in this Law:
1) 
industrial property
 - rights related to invention 
patents (including supplementary protection certificates for
medicinal products and plant protection products), topographies 
of semiconductor products, trade marks, and designs;
2) 
objects of industrial property 
- invention patents 
(including supplementary protection certificates for medicinal
products and plant protection products), topographies of 
semiconductor products, trade marks, designs;
3) 
registration procedures
 - activities aimed at 
registering certain objects of industrial property, also at 
granting a
patent, except activities related to the examination 
of disputes in the Industrial Property Board of Appeal and in the
court;
4) 
post-registration procedures
 - activities aimed at 
amending information regarding registered objects of
industrial 
property, including activities for maintaining the validity and 
for the renewal for a new period of the protection
of the 
registered objects of industrial property, including the granted 
patents, except activities related to the
examination of disputes 
in the Industrial Property Board of Appeal and in the court;
5) 
industrial property laws and regulations
 - laws and 
regulations governing the registration of objects of
industrial 
property and protection of industrial property, including 
international agreements binding on Latvia and
directly 
applicable laws of the European Union in the field of industrial 
property.
Section 2. Purpose and Scope of 
Application of The Law
(1) The purpose of the Law is to establish the legal 
preconditions for efficient registration of objects of industrial
property and for examination of disputes arising therefrom, 
providing for the necessary institutions for this purpose,
determining their competence and basic principles of operation, 
as well as regulating representation in them and basis
of 
operation of professional patent attorneys.
(2) The Law governs the institutional matters, procedures, and 
legal relations, insofar as they are analogous to
objects of 
industrial property.
Section 3. Regulation in the Field 
of Industrial Property
(1) The rights to industrial property in Latvia are obtained 
through registration of objects of industrial property,
which in 
accordance with the industrial property laws and regulations is 
carried out in the Patent Office, or, if so
provided for in a law 
or regulation, by recognising exclusive rights incurred on other 
grounds.
(2) The rights to industrial property in Latvia are also 
obtained through registration of such objects of industrial
property, which with regard to Latvia is carried out in 
accordance with international agreements within the field of
industrial property binding on Latvia, including with regard to 
the European Union - in accordance with directly
applicable laws 
and regulations of the European Union. 
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42(3) With regard to the registration of objects of industrial 
property and protection of industrial property, foreign
persons 
in Latvia have the same rights as Latvian persons, insofar as 
this Law or other laws and regulations do not
provide for 
otherwise.
(4) The rights to industrial property in Latvia acquired in 
accordance with the procedures laid down in Paragraph
two of this 
Section shall have the same legal effect as the rights referred 
to in Paragraph one of this Section, if the
relevant 
international agreement or industrial property laws and 
regulations do not provide otherwise.
Chapter 
II
Patent Office and Procedures in the Patent Office
Section 4. Patent Office
(1) The Patent Office is a direct administration institution 
under the supervision of the Minister for Justice with the
competence in the field of industrial property laid down in this 
Law and other laws and regulations.
(2) The Patent Office shall perform the following 
functions:
1) implement the State policy within the field of industrial 
property;
2) carry out the functions of the State industrial property 
institution provided for in international agreements binding
on 
Latvia;
3) register rights to objects of industrial property and 
maintain the appropriate registers, as well as provide other
industrial property-related services;
4) promote awareness in the country and society of the 
protection of industrial property.
Section 5. Registration of Objects 
of Industrial Property
(1) The Patent Office in accordance with laws and regulations 
shall register the following objects of industrial
property:
1) invention patents (including supplementary protection 
certificates for medicinal products and plant protection
products);
2) topographies of semiconductor products;
3) trade marks;
4) designs.
(2) Activities taken by the Patent Office within the 
registration and post-registration procedures of the objects
referred to in Paragraph one of this Section, including 
activities laid down in international laws and regulations, as 
well
as other industrial property-related services of the Patent 
Office shall be paid services.
(3) The Cabinet shall determine the price list of the paid 
services of the Patent Office, payment procedures, and
reliefs.
Section 6. Registers Maintained by 
the Patent Office, Application and Registration Files
(1) The Patent Office shall maintain a Patent Register (which 
also includes the supplementary protection
certificates for 
medicinal products and plant protection products), Register of 
Topographies of Semiconductor
Products, Register of Trade Marks, 
and Register of Designs (hereinafter - the registers).
(2) The Patent Office shall arrange the registers in 
accordance with the procedures laid down in the industrial
property laws and regulations.
(3) Each number of an application or registration (patent) of 
an object of industrial property shall have a
corresponding file 
with the same number, where those documents are stored, on the 
basis of which entries have been
made in the register, as well as 
other documents specified in laws and regulations.
(4) The Patent Office shall ensure permanent storage of 
registers, application and registration files and the
submitted 
original documents.
Section 7. Public Access to 
Registers, Application and Registration Files
(1) The entries of registers shall have public credibility. 
Entries of registers shall be published in the official gazette
of the Patent Office and on the website of the Patent Office in 
accordance with the industrial property laws and
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42regulations.
(2) In conformity with the restrictions laid down in laws and 
regulations, any person may become acquainted with
the 
application and registration files and receive extracts from the 
registers, derivatives of the documents in the
application and 
registration files, and statements.
(3) If additional resources are not required for data 
processing and analysis, the Patent Office shall, in conformity
with the restrictions laid down in laws and regulations, provide 
free of charge the necessary information from the
registers and 
application and registration files to the 
Saeima
, the 
Cabinet, law enforcement authorities, and other State
administration institutions, as well as to the natural and legal 
persons to whom such rights are established by laws
and 
regulations.
Section 8. Official Gazette of the 
Patent Office
(1) The Patent Office shall have its official gazette in which 
it shall publish the entries of registers and the
information 
specified in the industrial property laws and regulations, which 
refer to registration of objects of industrial
property.
(2) The official gazette of the Patent Office shall be 
published electronically at least once a month on the website
of 
the Patent Office.
(3) The legal consequences laid down in this Law or in another 
industrial property law or regulation for the
registration of the 
specific industrial property object or for the information 
related to such registration shall enter into
effect from the day 
of the publication or another date indicated in the official 
publication.
Section 9. Competence of the 
Officials of the Patent Office
The officials of the Patent Office shall, independently and in 
accordance with the industrial property laws and
regulations on 
behalf of the Patent Office, take a decision to register or to 
refuse to register an object of industrial
property, as well as 
other decisions and interlocutory decisions in the registration 
and post-registration procedures.
Section 10. Restrictions for 
Officials and Employees of the Patent Office
(1) Officials and employees of the Patent Office while they 
are working for the Patent Office, as well as two years
after 
their employment or service relations with the Patent Office are 
terminated, are not entitled to submit a patent or
design 
application, or directly or indirectly, except inheritance, 
obtain registration of a patent or design, or acquire any
rights 
resulting from registration of a patent or a design. Rights of 
priority shall not be granted to patent or design
applications of 
these persons, if the respective application has been submitted 
within one year after the termination of
employment or service 
relations with the Patent Office.
(2) Officials and employees of the Patent Office also after 
their employment or service relations with the Patent
Office are 
terminated have an obligation not to disclose and not to use 
restricted access information, which has
become known to an 
official or employee upon carrying out the work obligations, as 
well as not to represent persons in
matters regarding objects of 
industrial property or their applications, which have been in 
their competence while
performing the role of an examiner or 
responsible official.
Section 11. Determining of Time 
Periods
The Patent Office in its decisions and documents may specify a 
time period for the performance of further activity
in a 
registration or post-registration procedure. If the time period 
is not determined in an industrial property law or
regulation, 
the Patent Office shall determine a reasonable time period, 
taking into account the scope and importance
of the activity to 
be performed in the procedure.
Section 12. Submission of 
Documents
(1) A person handling registration or post-registration 
procedures, shall submit documents in person or using postal
services, fax, electronic mail, and other means of communication 
in conformity with the restrictions laid down in the
industrial 
property laws and regulations.
(2) The Cabinet shall determine the procedures by which a 
person handling registration or post-registration
procedures, 
shall submit documents to the Patent Office.
Section 13. Information Regarding 
the Submitter to be Indicated in the Documents
(1) The following information regarding the submitter shall be 
indicated in the document to be submitted to the
Patent 
Office:
1) for a natural person - the given name, surname, and address 
of the declared place of residence (for persons
residing abroad, 
the address of the place of residence shall be indicated);
2) for a legal person - the full name and legal address.
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42(2) Abbreviations in names of legal persons shall be permitted 
in indications of the type of merchant.
(3) The address of a person shall include all the necessary 
information for a postal delivery to the indicated
address.
(4) For communication with the Patent Office a person may 
additionally indicate a telephone number, fax number,
and 
electronic mail address, as well as the address (address for 
communication), which is different from the address
referred to 
in Paragraph one of this Section.
(5) The given names, surnames, names and addresses of foreign 
persons shall be indicated in the original form of
the respective 
foreign language (if it is a language of Latin alphabet) or in 
Latin transliteration of the original form.
(6) Except the cases specifically provided for in laws and 
regulations, the Patent Office is entitled to require that
any 
person who submits an application and handles the registration or 
post-registration procedures in the Patent
Office indicates the 
address for communication in the territory of Latvia. This 
provision shall be without prejudice to
the requirements of this 
Law in relation to representation of persons in the Patent Office 
(Chapter XVII).
(7) For the communication with a person, the Patent Office 
shall use the address indicated in accordance with
Paragraph one 
of this Section; but if the person has indicated a different 
address for communication (Paragraph four
of this Section) - this 
address. If a person has appointed a representative, the address 
of the representative shall be
used for communication. The person 
shall, without delay, inform the Patent Office regarding any 
changes in the
information regarding the submitter.
Section 14. Regulations Regarding 
Authenticity of Signature of a Person and Documents
(1) Documents to be submitted upon handling the registration 
and post-registration procedures shall be signed by
the submitter 
or a representative of the submitter.
(2) The following shall be indicated next to the person's 
handwritten signature:
1) transcript of the signature - the given name and surname of 
the natural person;
2) the capacity in which the person has signed the document 
(for example, the applicant, owner, licensee,
representative, in 
documents of legal persons - position of the natural person), if 
it is not obvious from the text of the
document.
(3) Except the cases specially provided for in the industrial 
property laws and regulations, the documents and
person's 
signature in them do not need a notarisation, legalisation, or 
other proof of authenticity. The Patent Office is
entitled to 
request additional documents, if it has a reason to doubt the 
legal force of the document.
(4) In the documents that are submitted through the special 
online forms set up on the website of the Patent Office
for this 
purpose, the person of the submitter shall be identified with the 
help of the authentication means available in
them. When an 
application for the registration of an object of industrial 
property or a submission for the maintenance
of registration 
(renewal for a new period of protection) is submitted through the 
special online form set up for this
purpose, the person shall be 
identified as indicated in the online form.
Section 15. Identification of 
Applications and Registrations
In each document which is submitted within the registration 
and post-registration procedures, a specific application
or 
registration shall be identified by indicating the object of 
industrial property and the number of the application or
registration (patent). An application or registration may be 
additionally identified with a reference to the applicant
(owner) 
and characteristics of the object of industrial property (for 
example, title of the invention, inventor, verbal part
or image 
of a trade mark, indication of the product to which the design 
refers, the designer).
Section 16. Examination of Documents 
Submitted in a Foreign Language
In the registration and post-registration procedures which in 
accordance with industrial property laws and
regulations are 
carried out in the official language the Patent Office shall 
allow submission of separate written
documents in a foreign 
language without a translation which is certified in accordance 
with the procedures laid down in
laws and regulations, if this 
does not restrict the rights or legitimate interests of third 
persons and contributes to the
progress of the procedure.
Section 17. Correction of Errors
(1) A person who is handling the registration and 
post-registration procedures is entitled, in conformity with the
restrictions laid down in the industrial property laws and 
regulations, to require that the Patent Office corrects clerical
or technical errors made in an application, found in a register 
entry or official publication.
(2) For the correction of an error the fee determined in the 
price list of the services shall be paid. The errors
referred to 
in Paragraph one of this Section shall be corrected free of 
charge if they have been made by the Patent
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42Office.
(3) If the information in which the correction of errors is 
carried out, has been previously published in the official
gazette of the Patent Office, also the correction of errors shall 
be published in it.
Division 
B
Industrial Property Board of Appeal and Examination of Disputes 
in the
Industrial Property Board of Appeal
Chapter 
III
Industrial Property Board of Appeal, Its Status and 
Competence
Section 18. Industrial Property 
Board of Appeal and Its Status
(1) The Industrial Property Board of Appeal (hereinafter - the 
Board of Appeal) is a collegial decision-making
institution which 
examines extrajudicial disputes arising from registration and 
post-registration procedures.
(2) When taking decisions in the disputes referred to in 
Paragraph one of this Section, members of the Board of
Appeal 
shall be independent and not subjected to orders of other persons 
or other direct or indirect influence.
Section 19. Administrative 
Management of the Board of Appeal
The Patent Office shall ensure organisational and 
administrative operation of the Board of Appeal.
Section 20. Competence of the Board 
of Appeal
(1) The Board of Appeal shall examine the following disputes 
provided for in the industrial property laws and
regulations:
1) regarding a decision of the Patent Office taken within the 
registration or post-registration procedure and against
which a 
notice of appeal has been submitted (matters of appeal);
2) regarding registration of an object of industrial property, 
to which a notice of opposition of a third person has
been 
submitted (matters of opposition).
(2) The decisions taken, when examining the disputes referred 
to in Paragraph one of this Section on their merits,
shall be 
published by the Board of Appeal on the website of the Patent 
Office.
(3) In accordance with specific procedures the Board of Appeal 
shall participate in evaluation of matters related to
industrial 
property protection analysis and development.
(4) Each year the Board of Appeal shall prepare an annual 
report on its activities during the previous year and
make it 
public on the website of the Patent Office.
(5) The Board of Appeal is entitled to provide recommendations 
on matters related to the implementation of
procedures and 
application of laws and regulations by the Patent Office.
Chapter 
IV
Composition of the Board of Appeal
Section 21. Composition of the Board 
of Appeal
(1) The Board of Appeal shall be composed of the chairperson 
of the Board of Appeal and members of the Board
of Appeal.
(2) The Board of Appeal shall examine disputes within its 
competence collegially in the composition which has
been set up 
for the examination of the particular dispute.
(3) In the cases laid down in this Law, the decisions on 
behalf of the Board of Appeal shall be taken by the
chairperson 
of the Board of Appeal or the chairperson of the composition for 
examination of the matter sitting alone.
Section 22. Restrictions Imposed on 
the Chairperson of the Board of Appeal and Members of the Board 
of
Appeal
(1) The chairperson of the Board of Appeal and the members of 
the Board of Appeal shall be subjected to
restrictions and 
obligations applied to judges - chairpersons of district (city) 
and regional courts - with respect to
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42earning of income, 
combining of positions, job performance, as well as other related 
restrictions and obligations as laid
down in the law On 
Prevention of Conflict of Interest in Activities of Public 
Officials.
(2) In addition to the restrictions referred to in Paragraph 
one of this Section, the following additional restrictions
shall 
apply to the chairperson of the Board of Appeal and members of 
the Board of Appeal:
1) to maintain political neutrality and not to combine the 
obligations of the position with affiliation to political parties
and other political organisations;
2) the restrictions specified for the officials of the Patent 
Office in Section 10 of this Law.
Section 23. Chairperson of the Board 
of Appeal
(1) The chairperson of the Board of Appeal shall organise and 
manage the work of the Board of Appeal, including:
1) for the examination of each dispute confirm the composition 
for the examination of the matter and the
chairperson of the 
composition for the examination of the matter;
2) approve the schedule of the sessions of the Board of 
Appeal;
3) within his or her competence, represent the Board of Appeal 
in relations with natural persons and legal persons
governed by 
private law in matters relating to the examination of matters in 
the Board of Appeal;
4) ensure the compliance of the qualification of the members 
of the Board of Appeal with the merits of the matters
to be 
examined, including by taking care of the raising of 
qualification, training and the required additional
specialisation of the members of the Board of Appeal, taking into 
account the provisions of Paragraphs two and three
of Section 38 
of this Law;
5) manage the preparation of the reports on the activities of 
the Board of Appeal.
(2) The obligations of the chairperson of the Board of Appeal 
during his or her temporary absence shall be
performed by the 
member of the Board of Appeal, who by a majority of votes is 
appointed from amongst its members
by the members of the Board of 
Appeal present.
(3) The chairperson of the Board of Appeal shall perform his 
or her obligations in parallel with the obligations of the
member 
of the Board of Appeal. The chairperson of the Board of Appeal 
shall be subjected to the regulations
regarding members of the 
Board of Appeal, insofar as it is not provided for otherwise in 
this Law.
Section 24. Member of the Board of 
Appeal
(1) A member of the Board of Appeal shall:
1) participate in the examination of a matter in the Board of 
Appeal, if he or she is included in the composition for
the 
examination of the matter;
2) chair the examination of a matter if he or she has been 
appointed as the chairperson of the composition for the
examination of the matter.
(2) A member of the Board of Appeal, when performing his or 
her obligations shall ensure confidentiality with regard
to 
taking of a decision and materials of the matter, the disclosure 
of which might harm the lawful interests of persons.
(3) A member of the Board of Appeal has an obligation to 
continuously improve his or her qualification, become
acquainted 
with the special literature, case law and rulings of the Court of 
Justice of the European Union in the field of
industrial 
property.
Section 25. Secretary of the Board 
of Appeal
(1) The secretary of the Board of Appeal shall be an employee 
of the Patent Office who ensures secretarial and
office work of 
the Board of Appeal.
(2) The secretary of the Board of Appeal shall ensure 
confidentiality with regard to taking of a decision and
materials 
of the matters, the disclosure of which might harm the lawful 
interests of persons.
Section 26. Procedures for 
Appointing and Dismissing the Composition of the Board of 
Appeal
(1) The chairperson of the Board of Appeal and members of the 
Board of Appeal, upon a proposal of the Minister
for Justice, 
shall be appointed by the Cabinet for a time period of seven 
years.
(2) The Cabinet, upon a proposal of the Minister for Justice, 
may repeatedly appoint the chairperson of the Board
of Appeal or 
a member of the Board of Appeal for a new term of office. In the 
same procedures a member of the
Board of Appeal may be approved 
as the chairperson of the Board of Appeal, or the chairperson of 
the Board of
Appeal may be approved as a member of the Board of 
Appeal. 
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42Appeal may be approved as a member of the Board of 
Appeal.
(3) If so requested by the chairperson of the Board of Appeal 
or a member of the Board of Appeal, the Minister for
Justice 
shall release them from performance of their obligations before 
the end of their term of office, or shall release
the chairperson 
of the Board of Appeal from the obligations of the chairperson, 
maintaining the status of a member of
the Board of Appeal.
(4) In the cases provided for in this Law, the Cabinet upon a 
proposal of the Minister for Justice shall dismiss the
chairperson of the Board of Appeal or a member of the Board of 
Appeal before the end of their term of office.
Section 27. Applicants for the 
Position of a Member of the Board of Appeal and Their 
Selection
(1) The following person may be a member of the Board of 
Appeal:
1) who is a citizen of the Republic of Latvia;
2) who is fluent in the official language at the highest 
level;
3) who has impeccable reputation;
4) who has acquired academic or second-level higher vocational 
education, master's degree or similar higher
education;
5) who has at least five years of experience in the field 
related to protection of industrial property;
6) who has passed the certification examination of the 
applicant for the position of a member of the Board of
Appeal.
(2) The applicants for the position of a member of the Board 
of Appeal shall be selected by the means of
competition. The 
selection procedure of applicants shall be carried out by the 
commission for the selection of the
applicants for the position 
of a member of the Board of Appeal (hereinafter - the selection 
commission) consisting of
five persons, appointed by the Minister 
for Justice. The selection commission shall consist of:
1) a representative of the Ministry of Justice;
2) a representative of the Patent Office;
3) a judge of the City of Rīga Vidzeme Urban District 
Court;
4) a representative of the organisation of professional patent 
attorneys;
5) a representative of the academic staff of institutions of 
higher education.
(3) The representative of the Ministry of Justice shall be the 
chairperson of the selection commission.
(4) The selection commission shall organise and conduct 
certification examination of the applicants for the position
of a 
member of the Board of Appeal and certification examination of 
the members of the Board of Appeal. The
procedures and the 
required amount of knowledge for the certification examination of 
the applicants for the position of
a member of the Board of 
Appeal and certification examination of the members of the Board 
of Appeal shall be
determined by the Cabinet.
(5) All applicants for the position of a member of the Board 
of Appeal shall take a certification examination on the
general 
matters of the protection of industrial property and in the field 
of trade mark protection, but optionally may also
take 
examinations in additional specialisations - in the field of 
patent protection or design protection.
(6) If it is necessary to ensure the compliance of the current 
composition of the Board of Appeal with the matter to
be examined 
on its merits in accordance with the requirements of Section 38, 
Paragraphs two and three of this Law,
the certification 
examination in the respective additional specialisation shall be 
taken by a member of the Board of
Appeal.
(7) The selection commission shall draw up a proposal to the 
Minister for Justice regarding the applicants for the
position of 
members of the Board of Appeal and the position of the 
chairperson of the Board of Appeal from the list of
persons who 
have passed the certification examination of the applicants for 
the position of a member of the Board of
Appeal.
Section 28. Disciplinary 
Responsibility of Members of the Board of Appeal
(1) A member of the Board of Appeal may be subjected to 
disciplinary liability if the following is found in his or her
activities:
1) intentional violation of laws and regulations during 
examination of a matter;
2) failure to fulfil the work obligations; 
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422) failure to fulfil the work obligations;
3) gross negligence during the examination of a matter;
4) an action inappropriate for the status of a member of the 
Board of Appeal, dishonourable action;
5) failure to observe the restrictions and prohibitions 
provided for a member of the Board of Appeal by the law.
(2) The revoking or amendment of a decision of the Board of 
Appeal, as well as the fact that a decision has not
entered into 
effect because the court has made a ruling which differs in its 
nature shall not serve as a reason for the
member of the Board 
who had participated in the taking of the decision to be 
subjected to liability, unless during the
examination of the 
matter he or she has intentionally violated laws and regulations 
or made gross negligence.
(3) The Minister for Justice may initiate a disciplinary 
matter against a member of the Board of Appeal:
1) upon a proposal of the Director of the Patent Office;
2) upon proposal of the organisation of professional patent 
attorneys;
3) due to a complaint received;
4) upon his or her own initiative.
(4) If a disciplinary matter has been initiated against a 
member of the Board of Appeal, the Minister for Justice, if
he or 
she considers it to be necessary, may suspend the member of the 
Board of Appeal from the office by
maintaining the monthly 
salary, but not longer than until the decision is taken in the 
disciplinary matter.
(5) For a time period during which the pre-trial criminal 
proceedings and proceedings in a criminal case take place,
the 
Minister for Justice shall suspend from the office the member of 
the Board of Appeal who is suspected or accused
of an intentional 
criminal offence or on whom in accordance with the procedures 
laid down in the Criminal Procedure
Law a security measure 
related to prohibition from specific employment that prevents him 
or her from performing the
obligations of a member of the Board 
of Appeal has been imposed.
(6) The commission of disciplinary matters of members of the 
Board of Appeal (hereinafter in this Section - the
disciplinary 
commission) for the examination of a disciplinary matter shall be 
set up by the Minister for Justice.
(7) The Minister for Justice may, by taking into account the 
opinion of the commission of disciplinary matters,
impose the 
following disciplinary sanctions to a member of the Board of 
Appeal:
1) issue a reproof;
2) issue a reprimand;
3) reduce the monthly salary for a time period of up to one 
year, withholding up to 20 per cent of the salary.
(8) The Minister for Justice shall, by taking into account the 
opinion of the commission of disciplinary matters,
draw up a 
proposal to the Cabinet on dismissal of the member of the Board 
of Appeal, if the nature of the offence is
such that his or her 
subsequent activities in performance of the obligations is not 
permissible.
(9) Disciplinary matters of members of the Board of Appeal 
shall be examined, disciplinary violations established
and 
disciplinary sanctions applied in accordance with the principles 
and procedures laid down for the examination of
disciplinary 
matters of State civil servants insofar as it is not laid down 
otherwise in this Law.
Chapter V
Basic Conditions for the Examination of Matters in the Board of 
Appeal
Section 29. Directness and 
Objectivity of the Examination of a Matter
(1) The Board of Appeal, upon examining the disputes under its 
competence, shall objectively clarify the facts of
the matter and 
examine the evidence itself.
(2) The Board of Appeal, upon examining matters, shall ensure 
objectivity and give the participants in the matter a
reasonable 
opportunity to express their point of view and to present 
evidence, as well as to become acquainted with
the materials of 
the matter.
(3) The Board of Appeal shall substantiate its decision with 
the facts necessary for taking of the decision, and with
the 
consequent objective and rational legal considerations.
Section 30. Matters of Appeal and 
Matters of Opposition
(1) If a notice of appeal has been submitted against a 
decision of the Patent Office (matter of appeal), such matter
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42shall be examined between the submitter of the notice of appeal 
and the Patent Office.
(2) If a notice of opposition has been submitted to 
registration of an object of industrial property (matter of
opposition), such matter shall be examined between the submitter 
of the notice of opposition and the owner of the
contested 
registration.
Section 31. Equality of the Parties 
and Adversary Proceedings
(1) The parties shall have equal procedural rights. The Board 
of Appeal shall ensure that the parties have equal
opportunities 
to exercise their rights for the protection of their 
interests.
(2) In the course of the examination of a matter, the parties 
shall exercise their procedural rights in the form of
adversary 
proceedings. In adversary proceedings, the parties may provide 
explanations, submit evidence and
submissions addressed to the 
Board of Appeal, participate in the examination and assessment of 
evidence, debates
of the parties, and take other procedural 
activities in accordance with the procedures laid down in this 
Law.
(3) In order to establish the true circumstances of a matter 
within the limits of the claim, the Board of Appeal may,
upon its 
own initiative, clarify the facts which are relevant to the 
dispute and which are available in the registers of
industrial 
property and other public registers.
Section 32. Examination of a Matter 
in the Board of Appeal
(1) The Board of Appeal shall examine matters in a written 
procedure.
(2) Upon examining a matter in the written procedure, the 
Board of Appeal shall clarify the circumstances of the
matter on 
the basis of the evidence included in the matter, and shall 
request in writing the necessary information from
the 
participants in the matter.
(3) Upon examining a matter in the written procedure, the 
Board of Appeal shall ensure that the principles laid down
in 
Section 31 of this Law are observed. Upon a request of a 
participant in the matter, the Board of Appeal shall give
him or 
her an opportunity to carry out the examination of the evidence 
in the work premises of the Board of Appeal.
(4) The Board of Appeal, at its discretion or upon a request 
of a participant in the matter, may determine the
examination of 
a matter in a session of the Board of Appeal. If the examination 
in the oral procedure is requested by
the participant in the 
matter, the request shall be accompanied by a document confirming 
the payment of the
additional fee set for the examination of a 
matter in the oral procedure.
(5) Regardless of whether the matter is examined in the 
written or oral procedure, the Board of Appeal, at its own
discretion or upon a motivated request of a participant in the 
matter, may determine a session of the Board of Appeal
for 
carrying out a separate procedural activity or for the 
clarification or resolving of a procedural issue.
Section 33. Transparency of the 
Examination of a Matter
(1) The Board of Appeal shall examine matters openly.
(2) In order to protect professional or commercial secrets, as 
well as in other cases where the open examination of
specific 
materials of the matter may harm the lawful interests of a 
person, upon a motivated request of a participant in
the matter 
or at the discretion of the Board of Appeal, the Board of Appeal 
may declare the examination of the matter,
session or part 
thereof to be closed.
(3) In the case referred to in Paragraph two of this Section 
the Board of Appeal shall ensure to a participant in the
matter 
the rights to become acquainted with the respective materials of 
the matter, preventing copying, photographing,
scanning, or 
making of other types of derivatives.
(4) The participants in the matter and, if necessary, an 
interpreter shall take part in the closed session of the Board
of 
Appeal.
(5) The course of an open session of the Board of Appeal with 
a permission of the Board of Appeal may be
recorded (sound or 
image recording and transmission equipment may be used), provided 
that the course of the
session is not disturbed.
(6) In matters that are examined in an oral procedure, the 
operative part of a decision of the Board of Appeal shall
be 
pronounced publicly.
(7) The parts of a decision of the Board of Appeal which 
relate to the materials of a matter referred to in Paragraph
two 
of this Section or contain other restricted access information, 
shall not be published, but shall be replaced with a
notice why 
the respective part of the decision is not generally 
accessible.
Section 34. Language of the 
Examination of a Matter
(1) The Board of Appeal shall examine matters in the official 
language.
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42(2) A participant in the matter who does not know the official 
language, has the right to become acquainted with the
materials 
of the matter and participate in the examination procedure, using 
the assistance of an interpreter. The
services of an interpreter 
shall be ensured by the participant in the matter.
(3) Written evidence in a foreign language shall be submitted 
by the participant in the matter, by attaching a
translation into 
the official language which is certified in accordance with the 
procedures laid down in laws and
regulations.
(4) If all participants in the matter agree, the Board of 
Appeal may authorise submission of certain documents and
written 
evidence in a foreign language without a translation which is 
certified in accordance with the procedures laid
down in laws and 
regulations.
(5) Decisions of the Board of Appeal and minutes of sessions 
shall be drawn up in the official language.
Section 35. Services of the Board of 
Appeal
(1) Examination of matters of appeal and matters of opposition 
and the related activities which within its
competence are 
carried out by the Board of Appeal, shall be paid services.
(2) The Cabinet shall determine the price list of paid 
services of the Board of Appeal, the payment procedures
thereof 
and reliefs.
Section 36. Application of the 
Regulations Provided for the Registration and Post-registration 
Procedures
in the Board of Appeal
The Board of Appeal shall apply the regulations provided for 
the registration and post-registration procedures laid
down in 
this Law regarding submission of documents, indication of persons 
and addresses, identification of
applications and registrations, 
authenticity of personal signatures and documents, insofar as the 
industrial property
laws and regulations do not provide 
otherwise.
Chapter 
VI
Composition for the Examination of a Matter in the Board of 
Appeal
Section 37. Composition for the 
Examination of a Matter
(1) Examination of a matter by the Board of Appeal shall be 
carried out in the composition of three members of the
Board of 
Appeal (hereinafter - the composition for examination of a 
matter).
(2) Decisions of procedural nature needed during the course of 
preparation of the matter shall be taken by the
chairperson of 
the composition for the examination of the matter, except in the 
case where the respective procedural
decision is taken by the 
composition for the examination of the matter, or the case when 
the chairperson of the
composition for the examination of a 
matter decides that the procedural issue should be transferred to 
the composition
for the examination of the matter for collegial 
examination.
(3) Upon examining a matter collegially, members of the Board 
of Appeal included in the composition for the
examination of the 
matter have equal rights to participate in the deciding of the 
issues related to the examination of
the matter and taking of the 
decisions. The members of the Board of Appeal shall decide the 
issues related to the
examination of a matter and take decisions 
of the Board of Appeal by majority vote. None of the members of 
the
Board of Appeal included in the composition for the 
examination of a matter are entitled to refrain from voting.
(4) Examination of a matter shall be chaired by the 
chairperson of the composition for the examination of a matter.
He or she shall also perform the obligations of the rapporteur 
and prepare a draft decision of the Board of Appeal,
except in 
case when the chairperson of the Board of Appeal has assigned 
these obligations to another member of the
Board of Appeal.
(5) Examination of a matter on its merits shall be carried out 
by a constant composition for the examination of the
matter. If 
during the course of the examination of a matter, any of the 
members of the Board of Appeal in the
composition for the 
examination of the matter is substituted by another member, the 
examination of the matter on its
merits shall be started 
anew.
Section 38. Approval of the 
Composition for the Examination of a Matter
(1) If the Board of Appeal has received a notice of appeal or 
notice of opposition, the chairperson of the Board of
Appeal 
shall approve the composition for the examination of the matter, 
and approve one of the members of the Board
of Appeal as the 
chairperson of the composition for the examination of the matter. 
The composition for the
examination of a matter shall be 
published on the website of the Patent Office.
(2) Upon the examination of patent disputes, disputes 
concerning supplementary protection certificates for
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42medicinal 
products and plant protection products, and disputes relating to 
topographies of semiconductor products, at
least one member of 
the Board of Appeal who has additionally specialised in the field 
of patent protection shall be
included in the composition for 
examination of the matter.
(3) Upon the examination of design disputes, at least one 
member of the Board of Appeal who has additionally
specialised in 
the field of protection of designs shall be included in the 
composition for the examination of the matter.
(4) If, after the commencement of the examination of a matter 
the composition for the examination of the matter
changes 
(Section 37, Paragraph five), the chairperson of the Board of 
Appeal shall approve a new composition for the
examination of the 
matter and publish it in accordance with the procedures laid down 
in Paragraph one of this Section.
Section 39. Withdrawal of a Member 
of the Board of Appeal or an Objection Thereto
(1) A member of the Board of Appeal is not entitled to 
participate in the examination of a matter if:
1) he or she has participated in the taking of the decision of 
the Patent Office against which the notice of appeal to
be 
examined has been submitted;
2) he or she is personally directly or indirectly interested 
in the outcome of the matter;
3) there are other circumstances that are not acceptable for a 
public official or may give rise to justifiable doubts
as to the 
objectivity of the member of the Board of Appeal.
(2) If the circumstances referred to in Paragraph one of this 
Section exist, before examination of the matter the
member of the 
Board of Appeal shall inform the chairperson of the Board of 
Appeal thereon and withdraw himself or
herself from the 
examination of the matter by stating the grounds. A member of the 
Board of Appeal shall, without
delay, withdraw himself or herself 
also if he or she finds such circumstances within the examination 
of the matter.
(3) If in the case referred to in Paragraph one of this 
Section a member of the Board of Appeal has failed to
withdraw 
himself or herself, the participants in the matter may raise an 
objection to him or her.
(4) Objection shall be raised and motivated before the 
examination of the matter on its merits. An objection may be
raised later if the person who raises the objection has become 
aware of the grounds thereof within the examination of
the 
matter.
(5) The remaining composition for the examination of the 
matter shall examine the validity of objection and take a
decision. If, upon taking a decision on the validity of the 
objection, members of the Board of Appeal vote equally, the
member of the Board of Appeal shall be removed.
(6) If a member of the Board of Appeal has withdrawn himself 
or herself or has been removed, the chairperson of
the Board of 
Appeal shall substitute this member of the Board of Appeal with 
another member. If a member of the
Board of Appeal withdraws 
himself or herself or an objection has been satisfied within a 
session of the Board of
Appeal, the examination of the matter 
shall be postponed.
Chapter 
VII
Participants in a Matter, Their Rights and Obligations
Section 40. Participants in a 
Matter
(1) Participants in a matter of appeal shall be:
1) the submitter of the notice of appeal;
2) the Patent Office;
3) a third person;
4) representatives of the persons referred to in Clauses 1, 2, 
and 3 of this Paragraph.
(2) Participants in a matter of opposition shall be:
1) the submitter of the notice of opposition;
2) the owner of the contested registration;
3) a third person;
4) representatives of the persons referred to in Clauses 1, 2, 
and 3 of this Paragraph.
Section 41. Rights and Obligations 
of the Participants in a Matter
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42(1) A participant in a matter shall have the following 
rights:
1) to become acquainted with the materials of the matter, make 
extracts, true copies thereof and make copies;
2) to raise an objection;
3) to submit evidence;
4) to provide explanations to the Board of Appeal, express his 
or her arguments and observations on the
circumstances of the 
matter;
5) to participate in examination of the evidence;
6) to submit requests, including request that for a matter to 
be examined in a written procedure a session of the
Board of 
Appeal is determined for carrying out a separate procedural 
activity, for clarification or resolution of a
procedural issue, 
as well as to request that this matter is examined in an oral 
procedure;
7) to participate in a session of the Board of Appeal, if the 
matter is examined in an oral procedure or if a session
of the 
Board of Appeal has been determined for carrying out a separate 
procedural activity;
8) to contest requests, arguments, and observations of another 
participant in the matter;
9) to receive true copies of the decisions and other documents 
of the Board of Appeal, as well as to use other
procedural rights 
which have been granted to the participant in a matter by this 
Law.
(2) A submitter of a notice of appeal and a submitter of a 
notice of opposition have the right to fully or partially
withdraw from the claim included in the notice of appeal or 
notice of opposition.
(3) The owner of the contested registration in a matter of 
opposition is entitled to provide counterarguments to the
claim 
included in the notice of opposition or to recognise it fully or 
in part.
(4) In a matter of opposition, the parties may conclude 
settlement.
(5) In a matter of appeal the Patent Office may fully or in 
part recognise the claim included in the notice of appeal,
but it 
is not entitled to expand the legal basis of the contested 
decision of the Patent Office.
(6) Participants in the matter have the right to contest the 
decision taken by the Board of Appeal and apply to the
court in 
accordance with the procedures laid down in the Law.
(7) A participant in a matter has an obligation:
1) to provide explanations to the Board of Appeal;
2) upon invitation to attend a session of the Board of Appeal 
or in a timely manner to notify the reasons why he or
she is 
unable to attend it, by submitting relevant evidence;
3) to perform other procedural obligations imposed to him or 
her by this Law.
(8) The owner of a contested registration in a matter of 
opposition is entitled to refuse to provide explanations or
from 
other obligations, and may request that the matter is examined on 
the basis of the existing materials in it.
(9) The participant in a matter has an obligation to exercise 
his or her rights and perform his or her obligations in
good 
faith.
Section 42. Third Person
(1) A third person who does not submit independent claims, may 
enter the matter before the completion of the
examination of the 
matter on its merits, if the decision of the Board of Appeal in 
the respective matter may affect the
rights or legal interests of 
such party or obligations towards any of the participants in the 
matter.
(2) The third person shall be granted the status of a 
participant in the matter with a decision of the chairperson of
the composition for the examination of the matter, upon a request 
of the party. The third person may be invited to
participate in 
the matter also upon an initiative of a participant in the matter 
or the Board of Appeal.
(3) In the submission regarding invitation of a third person 
and in a submission of a third person regarding entering
the 
matter, the grounds on which the third person is allowed to 
participate in the matter shall be indicated.
(4) A person to whom the status of a third person has been 
granted in the procedure of the Patent Office already
before 
examination of the matter by the Board of Appeal, is entitled to 
be a participant in the matter without
independent claims, if the 
Board of Appeal is examining a dispute related to the relevant 
procedure of the Patent
Office.
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42(5) If in the course of the examination of a matter it is 
established that such person has been invited or admitted to
the 
matter in the status of a third person whose rights or legal 
interests cannot be affected by the decision taken by
the Board 
of Appeal in the relevant matter, the chairperson of the 
composition for the examination of the matter shall
decide on the 
removal of the status of a third person for this person.
(6) A third person shall have the procedural rights and 
obligations of a participant in the matter, except the rights to
amend the grounds or subject of the notice of appeal or notice of 
opposition, to withdraw from the claim included in the
notice of 
appeal or notice of opposition or to recognise it.
Section 43. Assumption of Procedural 
Rights
(1) If any of the participants in the matter withdraw (for 
example, a natural person has died, a legal person has
ceased to 
exist), the Board of Appeal may substitute this participant in 
the matter with his or her successor in title.
(2) In a matter of opposition, in case of change of the owner 
of a contested registration, the Board of Appeal shall
substitute 
the former owner with his or her successor in title, as soon as 
the information on the change of the owner
has been included in 
the register.
(3) If the Board of Appeal is informed about the fact that 
information on the change of the owner of the opposing
rights (in 
a matter of opposition) has been included in the register, or if 
the applicant or owner who has submitted the
notice of appeal has 
been substituted by another person, the Board of Appeal shall, 
without delay, inform the
respective person on the opposition or 
appeal proceedings. If upon an invitation of the Board of Appeal 
the
abovementioned person (the new applicant, the new owner) 
fails to notify the Board of Appeal within three months of
the 
fact that he or she maintains the notice of opposition or the 
notice of appeal, the Board of Appeal does not have
an obligation 
to examine the matter of opposition or matter of appeal, and the 
composition for the examination of the
matter is entitled to take 
a decision to close the proceedings.
(4) Assumption of procedural rights shall be possible at any 
stage of the examination of the matter.
(5) The activities that have been executed in the procedure 
for the examination of the matter before intervention of
the 
successor in title shall be equally binding on him or her as they 
were on the person whose rights have been
assumed.
Chapter 
VIII
Procedural Time Periods
Section 44. Procedural Time Periods 
for the Activities of the Board of Appeal
(1) In the Board of Appeal the procedural activities shall be 
carried out within the time periods laid down in this Law
or in 
other industrial property laws and regulations. If the procedural 
time period has not been determined in a law or
regulation, it 
shall be determined by the Board of Appeal.
(2) The time period determined by the Board of Appeal shall be 
such that it is possible to execute the procedural
activities, 
without delaying the examination of the matter. If there is no 
good reason for determining a different time
period, the Board of 
Appeal shall determine the time period of two months.
(3) If during the determined time period the fee for the 
submission of a notice of appeal or notice of opposition or
the 
fee for procedural activity in the Board of Appeal has not been 
paid, a time period of one month shall be
determined for the 
payment thereof, unless otherwise provided by an industrial 
property law or regulation.
(4) Upon hearing a participant in the matter and 
substantiating the grounds, the Board of Appeal is entitled to
determine a reasonable time period, which is different from that 
provided for in Paragraph two or three of this Section,
but not 
longer than three months.
(5) Unless it has been laid down otherwise in an industrial 
property law or regulation or in the document of the
Board of 
Appeal by which the time period has been determined, the time 
period for the execution of procedural
activities in the Board of 
Appeal shall start on the next day after the date, on which the 
respective document of the
Board of Appeal is to be considered as 
notified in accordance with the norms of the Law On 
Notification.
Section 45. Suspension of a 
Procedural Time Period
Upon suspending the examination of a matter in the Board of 
Appeal, also counting of the time period shall be
suspended. 
Counting of the time period shall be suspended at the moment when 
a circumstance which serves as the
ground for suspending the time 
period occurs. Counting of the procedural time period shall 
continue from the day when
the examination of the matter is 
renewed.
Section 46. Renewal of a Procedural 
Time Period
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42(1) The delayed procedural time periods, except the time 
periods which in this Law or in other industrial property
laws 
and regulations are determined as non-renewable, upon a request 
of a participant in the matter may be renewed
by the Board of 
Appeal, if it recognises that the reason for the delay is 
justified.
(2) A request for the renewal of the delayed procedural time 
period shall be submitted within three months after the
end of 
the respective time period.
(3) When renewing the delayed time period, the Board of Appeal 
shall also permit execution of the delayed
procedural 
activity.
Section 47. Extension of a 
Procedural Time Period
(1) The procedural time period, except those that under this 
Law or other industrial property laws and regulations
have been 
identified as non-extendable, upon a request of a participant in 
the matter may be extended by the Board of
Appeal for a time 
period not exceeding three months.
(2) A request for extension of a procedural time period shall 
be submitted before the end of the determined time
period. A 
request for the extension of a procedural time period submitted 
after the end of this time period shall be
considered as the 
request for the renewal of the procedural time period.
Section 48. Procedures for the 
Extension and Renewal of a Procedural Time Period
(1) A reasoned request for the extension of a procedural time 
period or renewal of a delayed procedural time period
shall be 
submitted to the Board of Appeal. The request for the renewal of 
a delayed time period shall be accompanied
by evidence proving 
the reasons justifying the delay of the time period.
(2) The request provided for in Paragraph one of this Section 
shall be considered submitted, if within the time
period 
determined for its submission the fee for the extension of the 
procedural time period or fee for the renewal of
the delayed 
procedural time period has been paid.
(3) An issue on the extension or renewal of a procedural time 
period shall be decided by the chairperson of the
composition for 
the examination of the matter, or if the composition for the 
examination of the matter is not yet
approved, by the chairperson 
of the Board of Appeal, in the written procedure within seven 
days from the day of the
receipt of the request provided for in 
Paragraph one of this Section, without hearing the point of view 
of other
participants in the matter.
(4) If a participant in a matter repeatedly requests an 
extension of the procedural time period, the request shall be
accompanied by a document certifying the payment of the 
additional fee determined for a repeated extension of the
procedural time period. In deciding on an issue of repeated 
extension of the procedural time period, the Board of
Appeal 
shall hear other participants in the matter. When assessing the 
usefulness of the extension of the time period,
it shall be taken 
into account whether the repeated extension will not unduly delay 
the examination of the matter.
(5) A decision taken by the chairperson of the composition for 
the examination of a matter or by the chairperson of
the Board of 
Appeal sitting alone on an issue of the renewal or extension of a 
procedural time period may be
contested in accordance with the 
procedures laid down in Section 97 of this Law.
(6) The provisions for the continuation of the proceedings and 
the reinstatement of rights provided for in the
industrial 
property laws and regulations shall not be applied in the 
procedures of the Board of Appeal insofar as it is
not laid down 
otherwise in this Law.
Chapter 
IX
Regulations Regarding Evidence
Section 49. Evidence and Evidentiary 
Means
(1) Evidence is information by which the claims and 
counter-arguments of the participants in the matter are
substantiated, as well as other information, which has 
significance in examination of the matter.
(2) Evidentiary means may be written evidence, explanations of 
the parties and third persons, and material
evidence, which 
contain information on the facts relating to the matter to be 
examined.
Section 50. Burden of Proof
(1) Each participant in a matter shall prove the circumstances 
to which they refer.
(2) The Patent Office in a matter of appeal may refer only to 
the justifications stated in the contested decision of
the Patent 
Office.
(3) If the evidence submitted by the participants in a matter 
is not sufficient, the Board of Appeal shall invite the
14
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42participant in the matter, to whom such evidence is accessible, 
to submit it.
Section 51. Grounds for Exemption of 
Proving
(1) Facts that have been recognised by the Board of Appeal as 
generally known, need not be proven.
(2) The Board of Appeal may recognise a fact as proven, if 
other participants in the matter do not contest it.
(3) A fact that has been established with an effective 
judgement of the court, or a decision of the Board of Appeal,
need not be proved anew, upon examining in the Board of Appeal a 
matter involving the same participants in the
matter.
Section 52. Assessment of 
Evidence
(1) The Board of Appeal shall assess the evidence according 
its own convictions, based on a comprehensive, fully
and 
objectively verified evidence, as well as guided by legal 
awareness based on the rules of logic, scientific
knowledge, 
principles of justice, and observations gained from 
experience.
(2) In its decision the Board of Appeal shall specify why it 
has given priority to one evidence as compared to other
evidence, 
and has recognised one fact as proven, but other facts - as not 
proven.
Section 53. Explanations
(1) Explanations of the parties and third persons, which 
contain information on the facts, by which the claims or
oppositions of these parties and third persons have been 
justified, shall be recognised as evidence, if they are
confirmed 
by other evidence verified and evaluated in the matter.
(2) If one party recognises the facts, by which the other 
party justifies its claims or oppositions, the Board of
Appeal 
may find such facts as proven, if it has no doubt that the 
recognition has not been made as a result of fraud,
violence, 
threats or deceit or for the purpose of concealing the truth.
Section 54. Written Evidence
(1) Written evidence shall be information regarding facts 
which are relevant to the matter to be examined, which
with the 
help of letters, numbers and other signs or technical means have 
been recorded in documents, in other
writings, also in the 
respective systems of records, including audio recordings and 
video recordings, recordings in
disks and other information 
media.
(2) Written evidence, depending on their significance in the 
matter to be examined, shall be submitted in the
original form, 
in the form of a certified or uncertified true copy, copy, 
print-out or extract.
(3) For print-outs from generally accessible databases and 
websites their extraction time and place shall be
indicated.
(4) For photos and other records made with the help of 
technical means their time and place of emergence, as well
as 
other information which is relevant to the examination of the 
matter shall be indicated.
(5) A participant in the matter may receive back a document or 
other written evidence, which has been submitted
to the Board of 
Appeal in the original copy, if he or she submits a respective 
true copy, copy, or an extract. The
correctness of such true 
copy, copy or extract may be certified by the chairperson of the 
Board of Appeal or by the
chairperson of the composition for the 
examination of the matter.
Section 55. Evidence of Registered 
Subject Matter
(1) Evidence of registered subject matter shall be the 
registration certificate issued by the registration authority,
the official publication of the registration, an extract from a 
register or a print-out from a database.
(2) The Board of Appeal may recognise the rights as proven 
with a non-certified copy of a registration certificate or
official publication, non-certified extract from a register or 
non-certified print-out from a database if other participants in
the matter do not contest such evidence.
(3) The Board of Appeal is entitled to request from a 
participant in the matter an up-to-date extract from a register
(certified or non-certified) or other evidence if there is a 
reason to believe that, in comparison with the information in
the 
matter, amendments may be introduced to the registration, which 
cannot be established from generally accessible
databases.
(4) A participant in the matter who relies on objects of 
industrial property registered in the Patent Office shall
submit 
the information on them necessary for examination of the 
matter.
Section 56. Material Evidence
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42(1) Material evidence is tangible objects which with their 
qualities, characteristics, or their existence might be
useful to 
establish the facts which are relevant to the matter.
(2) The Board of Appeal shall only collect such material 
evidence, which can be stored with the materials of the
matter to 
be examined. If the storage of material evidence is not possible, 
the participant in the matter may submit a
motivated request to 
inspect the evidence in a session of the Board of Appeal (Section 
32, Paragraph five) and
request that photos or, if necessary, a 
video recording of this material evidence is added to the 
matter.
Chapter X
Initiation of a Matter in the Board of Appeal
Section 57. Grounds for Initiation 
of a Matter
The grounds for the initiation of a matter in the Board of 
Appeal shall be the following documents submitted in
accordance 
with specific procedures and time period:
1) a notice of appeal against a decision of the Patent 
Office;
2) a notice of opposition to the registration of an object of 
industrial property in Latvia, also a notice of opposition
to the 
entering into effect of international registration (if it refers 
to Latvia) of a trade mark or design in Latvia (Chapter
XVI).
Section 58. Submission of a Notice 
of Appeal
(1) If the applicant or another addressee of the decision of 
the Patent Office (owner, former owner, successor of
property 
rights, licensee) completely or partly disagrees with the 
decision of the Patent Office, which has been taken
in the 
registration or post-registration procedure, he or she is 
entitled to, upon paying the fee for the submission of a
notice 
of appeal, submit a motivated written notice of appeal to the 
Patent Office within three months from the day
when the decision 
is notified.
(2) If a decision of the Patent Office does not terminate the 
procedure regarding the addressee of the decision, a
notice of 
appeal thereof may be submitted, when the final decision has been 
taken in the respective registration or
post-registration 
procedure, if the possibility to submit a notice of appeal has 
not been indicated therein.
(3) The notice of appeal shall suspend execution of the 
decision of the Patent Office.
(4) The Patent Office shall, without delay, hand over the 
submitted notice of appeal to the Board of Appeal.
Section 59. Notice of Appeal
(1) The following shall be indicated in a notice of 
appeal:
1) the submitter of the notice of appeal and his or her 
address, as well as the representative of the submitter of the
notice of appeal, if such has been appointed, and his or her 
address in accordance with the provisions of Section 13
of this 
Law;
2) the date of the appealed decision of the Patent Office and 
the application or registration to which the decision
refers (the 
application and registration shall be indicated in accordance 
with the provisions of Section 15 of this Law);
3) the subject and the substantive grounds of the notice of 
appeal (analysis of those grounds of the decision of the
Patent 
Office, to which the submitter of the notice of appeal does not 
agree; explanations or justifications of the
submitter of the 
notice of appeal; characterisation of the circumstances of the 
matter and reference to the evidence;
reference to the norms, 
which are not observed or to which the decision of the Patent 
Office does not comply, or
which justify the notice of 
appeal);
4) the claim of the submitter of the notice of appeal;
5) the place and time of rendering of the notice of 
appeal;
6) the list of attached documents.
(2) Also other information, which is considered significant by 
the submitter for the examination of the matter, may
be indicated 
in the notice of appeal.
(3) The notice of appeal shall be addressed to the Board of 
Appeal, and it shall be signed by the submitter of the
notice of 
appeal or his or her representative. If a notice of appeal is 
submitted by a representative on behalf of its
submitter, he or 
she in accordance with the provisions of Chapter XVII of this Law 
shall attach to the notice of appeal
a power of attorney or a 
reference to a power of attorney previously submitted to the 
Patent Office or the Board of
Appeal.
16
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42Section 60. Submission of a Notice 
of Opposition
(1) The persons determined in the industrial property laws and 
regulations in the presence of the legal basis
provided for in 
these laws and regulations may submit to the Board of Appeal a 
written reasoned notice of opposition
to the registration of an 
object of industrial property by requesting for it to be declared 
invalid, fully or in part.
(2) A notice of opposition shall be submitted by paying the 
fee for the submission of a notice of opposition, within
the time 
period laid down in the industrial property law or regulation. 
The time periods laid down in the industrial
property laws and 
regulations for the submission of a notice of opposition shall 
not be extended or renewed, they are
not subject to the 
provisions for the continuation of proceedings or reinstatement 
of rights.
(3) After the end of the time period for the submission of a 
notice of opposition the submitter of the notice of
opposition is 
not entitled to introduce amendments to the initial legal basis 
of the notice of opposition that would
extend it. The submitter 
of a notice of opposition has the right to submit additional 
documents and evidence in
accordance with the procedures laid 
down in this Law, confirming the facts by which the notice of 
opposition has been
justified.
(4) A notice of opposition submitted to the registration of an 
object of industrial property shall not prevent this
registration 
from being contested in the court in accordance with the civil 
procedures laid down in laws and
regulations.
Section 61. Notice of Opposition
(1) The following shall be indicated in a notice of 
opposition:
1) the submitter of the notice of opposition and his or her 
address, as well as the representative of the submitter of
the 
notice of opposition, if such has been appointed, and his or her 
address (name and address of persons shall be
indicated in 
accordance with the provisions of Section 13 of this Law);
2) the registration of an object of industrial property to 
which the notice of opposition has been submitted (the
registration shall be indicated in accordance with the provisions 
of Section 15 of this Law);
3) the subject of the notice of opposition (explanations of 
the submitter of the notice of opposition or justification of
notice of opposition; characterisation of the circumstances of 
the matter and reference to evidence);
4) the information regarding earlier rights if the notice of 
opposition is based on the existence of earlier rights
(applications and registrations shall be indicated in accordance 
with the provisions of Section 15 of this Law);
5) the substantive grounds of the notice of opposition 
(reference to the norms, which have been violated, upon
registering the contested rights for the object of industrial 
property, or with which the notice of opposition has been
justified);
6) the claim of the submitter of the notice of opposition;
7) the place and time of rendering of the notice of 
opposition;
8) the list of attached documents.
(2) Also other information which is considered significant by 
the submitter for the examination of the matter may be
indicated 
in the notice of opposition.
(3) The notice of opposition shall be addressed to the Board 
of Appeal, and it shall be signed by the submitter of
the notice 
of opposition or his or her representative. If a notice of 
opposition is submitted by a representative on behalf
of its 
submitter, he or she in accordance with the provisions of Chapter 
XVII of this Law shall attach to the notice of
opposition a power 
of attorney or a reference to a power of attorney previously 
submitted the Patent Office or the
Board of Appeal.
Section 62. Attaching of Documents, 
Evidence and Other Additions
(1) Documents and other evidence confirming the following 
shall be attached to a notice of appeal or a notice of
opposition:
1) payment of the fee for the submission of a notice of appeal 
or notice of opposition;
2) the circumstances with which a notice of appeal or notice 
of opposition has been justified.
(2) A notice of appeal or notice of opposition and the 
attached documents shall be submitted to the Board of
Appeal with 
as many true copies as the number of participants in the matter, 
excluding the submitter of the notice of
appeal or notice of 
opposition.
(3) The evidence and other additions needed for the 
examination of the matter shall be submitted within the time
17
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42period determined in this Law or, if the Board of Appeal has 
invited them to be submitted - within the time period
determined 
by the Board of Appeal.
(4) Evidence of all the earlier rights, on which a notice of 
opposition is based, shall be submitted together with the
notice 
of opposition in conformity with the time period for the 
submission of a notice of opposition laid down in
industrial 
property law or regulation.
(5) If the examination of a matter has been determined in the 
oral procedure (Section 32, Paragraph four of this
Law) or if a 
session of the Board of Appeal has been determined for carrying 
out a separate procedural activity, for
clarification or 
resolution of a procedural issue (Section 32, Paragraph five of 
this Law), the participants in the matter
have an obligation to 
ensure that not later than 14 days before the date of the session 
all written evidence needed for
the examination of the matter or 
for carrying out the respective procedural activity, 
clarification or resolving of the
procedural issues are received 
by the Board of Appeal.
(6) If evidence or other additions, other than those referred 
to in Paragraphs one and four of this Section, are
submitted by a 
participant in a matter without complying with the time period 
laid down in this Law or determined by
the Board of Appeal, the 
Board of Appeal shall add it to the matter, if it recognises, 
that:
1) they are significant for the examination of the matter;
2) the time period for the submission is not observed due to a 
justified reason;
3) with the addition thereof the examination of the matter is 
not unduly delayed.
(7) All additions to a notice of appeal or to a notice of 
opposition, as well as the response to a notice of opposition
and 
other documents that are submitted separately from the initial 
notice of appeal or notice of opposition shall be
supplemented 
with a reference to the respective notice of appeal or notice of 
opposition.
Section 63. Decision on a Submitted 
Notice of Appeal or Notice of Opposition
(1) Within three working days after receipt of a notice of 
appeal or notice of opposition the chairperson of the Board
of 
Appeal shall instruct the secretary of the Board of Appeal to 
commence proceedings regarding the notice of appeal
or notice of 
opposition and in accordance with the provisions of Section 38 of 
this Law shall approve the composition
for the examination of the 
matter and the chairperson of this composition.
(2) Within ten working days after receipt of a notice of 
appeal or notice of opposition the Board of Appeal shall take
a 
decision to:
1) accept the notice of appeal or notice of opposition and to 
initiate a matter;
2) refuse to accept the notice of appeal or notice of 
opposition;
3) leave the notice of appeal or notice of opposition without 
advancement.
(3) The decision to accept the notice of appeal or notice of 
opposition and to initiate a matter shall be taken by the
chairperson of the composition for the examination of the matter, 
and it shall be recorded as a resolution to the notice
of appeal 
or notice of opposition. The decision shall be notified to the 
submitter (in case of a notice of appeal - also to
the official 
or unit of the Patent Office, which has taken the contested 
decision), and it shall be published on the
website of the Patent 
Office.
(4) If a notice of appeal or notice of opposition has been 
left without advancement, the time period laid down in
Paragraph 
two of this Section for taking a decision to accept a notice of 
appeal or notice of opposition and to initiate a
matter, or to 
refuse to accept a notice of appeal or notice of opposition shall 
be counted from the day when the time
period for the elimination 
of deficiencies ends (Section 65, Paragraph two).
Section 64. Refusal to Accept a 
Notice of Appeal or Notice of Opposition
(1) The Board of Appeal shall refuse to accept a notice of 
appeal or notice of opposition, if:
1) the matter is obviously not to be examined according to the 
procedure prescribed for appeal or opposition;
2) in the proceedings of the Board of Appeal there is a matter 
with the same participants in the matter, regarding
the same 
subject and on the same basis;
3) a notice of appeal or notice of opposition has been 
submitted by a person who is not entitled to do so;
4) a notice of appeal has been submitted after the time period 
determined for its submission, and it has been
determined as 
non-renewable, or another reason not to renew it has been laid 
down in an industrial property law or
regulation, or the time 
period laid down in Section 46, Paragraph two of this Law has 
ended;
5) the time period for the submission of a notice of 
opposition laid down in an industrial property law or regulation
18
/
42has not been observed;
6) a notice of appeal or notice of opposition the acceptance 
of which has already been refused by the Board of
Appeal has been 
repeatedly submitted to the Board of Appeal.
(2) A motivated decision to refuse to accept a notice of 
appeal or notice of opposition shall be taken by the
chairperson 
of the composition for the examination of the matter within the 
time period specified in Section 63,
Paragraph two of this 
Law.
(3) A decision, which has been taken by the chairperson of the 
composition for the examination of the matter
sitting alone, to 
refuse to accept a notice of appeal or notice of opposition may 
be contested in accordance with the
procedures laid down in 
Section 97 of this Law.
Section 65. Leaving of a Notice of 
Appeal or Notice of Opposition Without Advancement
(1) The Board of Appeal shall leave a notice of appeal or 
notice of opposition without advancement, if:
1) upon submitting the notice of appeal, the requirements of 
Section 58, Paragraphs one and two, and Section 59,
Paragraphs 
one and three of this Law have not been observed;
2) upon submitting the notice of opposition, the requirements 
of Section 60, Paragraphs one and two, and Section
61, Paragraphs 
one and three of this Law have not been observed;
3) the documents referred to in Section 62, Paragraphs one, 
two, and four of this Law have not been attached to
the notice of 
appeal or notice of opposition;
4) the notice of appeal has been submitted after the end of 
the time period laid down in this Law, and a request for
the 
renewal of the time period for the submission of a notice of 
appeal with an explanation of the reason for the delay
of the 
time period and evidence to prove it, or a request to extend the 
time period for the submission of a notice of
appeal in 
accordance with Section 48, Paragraph one of this Law has not 
been attached thereto, or the fee for the
renewal or extension of 
the procedural time period has not been paid in accordance with 
Section 48, Paragraph two of
this Law;
5) several claims have been joined into one notice of appeal, 
but these claims are not bound to each other with
substantive 
grounds, motivation or evidence submitted;
6) several claims have been joined into one notice of 
opposition, but these claims are not bound to each other with
substantive grounds, motivation or evidence submitted;
7) the representative of the submitter of a notice of 
opposition is concurrently representing the owner of the
contested registration.
(2) A motivated decision to leave a notice of appeal or notice 
of opposition without advancement shall be taken by
the 
chairperson of the composition for the examination of the matter, 
and it shall be notified to the submitter of the
notice (in the 
case of a notice of appeal - also to the official or unit of the 
Patent Office, which has taken the
contested decision) and 
another time period for the elimination of deficiencies shall be 
determined.
(3) If the submitter of a notice of appeal or notice of 
opposition eliminates the deficiencies within the determined
time 
period, the notice of appeal or notice of opposition shall be 
deemed to have been submitted on the day when the
notice of 
appeal or notice of opposition was submitted to the Board of 
Appeal for the first time.
(4) If the submitter of a notice of appeal or notice of 
opposition fails to eliminate the deficiencies within the
determined time period, the composition for the examination of 
the matter shall, with a motivated decision, recognise
the notice 
of appeal or notice of opposition as not submitted.
Chapter 
XI
Advancement and Preparation of a Matter for Examination
Section 66. Advancement of a Matter 
of Appeal after Initiation of a Matter
(1) If a notice of appeal has been accepted and a matter of 
appeal has been initiated, the Board of Appeal shall,
without 
delay, hand over the notice of appeal to the Patent Office - to 
the official or unit, which had taken the decision,
against which 
the notice of appeal has been submitted.
(2) The Patent Office shall, without delay, revoke or amend 
the relevant decision insofar as it recognises the claim
of the 
notice of appeal as justified.
(3) If revocation or amendment of a decision of the Patent 
Office may affect the rights or legal interests of a third
person 
or if within a month after handing over to the Patent Office the 
decision has not been revoked or amended in
19
/
42accordance with the 
procedures laid down in Paragraph two of this Section, the Patent 
Office shall, without delay,
return the notice of appeal for 
examination in the Board of Appeal.
(4) If the Patent Office has revoked or amended its previously 
taken decision, and it satisfies the submitter of the
notice of 
appeal, he or she shall, within two months from the day when this 
decision is notified, withdraw his or her
notice of appeal with a 
respective submission.
(5) If the Patent Office has amended its previously taken 
decision, but it does not satisfy the submitter of the
notice of 
appeal, he or she shall notify the Patent Office thereof in 
writing within the time period specified in Paragraph
four of 
this Section. The Patent Office shall, without delay, return the 
notice of appeal for examination of the matter in
the Board of 
Appeal.
(6) While the examination of a matter of appeal on its merits 
is not completed, the submitter of the notice of appeal
is 
entitled to update and supplement the submitted notice of 
appeal.
Section 67. Joining and Splitting of 
Claims of Appeal
(1) The submitter of a notice of appeal is entitled to join 
several interrelated claims of appeal (claims of appeal
against 
several decisions of the Patent Office) into one notice of 
appeal, if the substantive grounds, motivation or
provided 
evidence thereof are the same or are interrelated. When 
submitting a joint notice of appeal, the time periods
for the 
submission of all the notices of appeal shall be observed, and 
for each claim the fee for the submission of a
notice of appeal 
shall be paid.
(2) If there are several matters of appeal of the same type in 
the proceedings of the Board of Appeal, involving the
same 
participants in the matter, the Board of Appeal is entitled to 
join these matters into one proceeding, if such
joining of 
matters promotes a faster and more accurate examination of the 
matters.
(3) The Board of Appeal is entitled, with a decision, to 
separate one or several claims of a notice of appeal from
the 
joint proceedings in a separate proceeding, if it recognises 
separate examination of these claims to be more
useful, or if 
their examination in one proceeding has become encumbered or 
impossible.
Section 68. Sending of a Notice of 
Opposition to the Owner of the Contested Registration and 
Response of
the Owner
(1) If a notice of opposition has been accepted, and a matter 
of opposition has been initiated, the Board of Appeal
shall, 
without delay, send true copies of the notice of opposition and 
the attached documents to the owner of the
contested 
registration, and invite him or her to submit a written response 
to the opposition within two months after the
day of sending the 
respective documents.
(2) The owner of the contested registration in the response to 
the opposition shall indicate his or her
counterarguments to the 
claim of the notice of opposition and attach evidence proving 
them. The owner of the
contested registration may recognise the 
claim of the notice of opposition fully or in part thereof as 
well.
(3) If an opposition is fully or partly based on an earlier 
trade mark, after registration of which not less than five
years 
have passed, the owner of the contested registration is entitled, 
within the time period laid down in Paragraph
one of this 
Section, to request in writing that the submitter of the notice 
of opposition submits evidence for the actual
use of the earlier 
trade mark.
(4) The response to a notice of opposition and the attached 
documents shall be submitted with so many true
copies as the 
number of participants in the matter, excluding the provider of 
the response.
(5) After receipt of the response, the Board of Appeal shall, 
without delay, send its true copies to the submitter of
the 
notice of opposition and to the third person.
(6) Failure to submit a response shall not constitute a bar 
for the examination of the matter of opposition.
Section 69. Joining and Splitting of 
Claims of Opposition
(1) The submitter of a notice of opposition is entitled to 
join several interrelated claims of opposition into one notice
of 
opposition (claims of opposition to several registrations of one 
owner), if their substantive grounds, motivation or
evidence are 
the same or they are interrelated. Upon submitting a joint notice 
of opposition, the time periods for the
submission of all notices 
of opposition shall be observed, and for each claim the fee for 
the submission of a notice of
opposition shall be paid.
(2) If there are several matters of opposition in the 
proceedings of the Board of Appeal where the notices of
opposition have been submitted to the same registration, the 
Board of Appeal is entitled to join these matters into one
proceeding, if such joining of matters promotes a faster and more 
accurate examination of matters.
(3) Notice of opposition submitted by several submitters shall 
not be joined in accordance with the procedures
provided for in 
Paragraph two of this Section, if the joined proceedings do not 
allow to protect a professional or
20
/
42commercial secret, or may 
otherwise harm the legal interests of a participant in the 
matter.
(4) If there are several matters of opposition of the same 
type in the proceedings of the Board of Appeal, involving
the 
same participants in the matter, the Board of Appeal with the 
consent of the participants in the matter is entitled to
join 
these matters into one proceeding, if such joining of matters 
promotes faster and more accurate examination of
matters.
(5) The Board of Appeal having heard the points of view of the 
participants in the matter may separate one or
several claims of 
opposition from the joint claim of opposition (Paragraph one, two 
or four of this Section) into a
separate proceeding, if it 
recognises separate examination of these claims to be more useful 
or if their examination in
one proceeding has become problematic 
or impossible.
Section 70. Conciliation of the 
Parties in a Matter of Opposition and Agreeing on a 
Settlement
(1) The Board of Appeal shall endeavour to reconcile the 
parties in a matter of opposition.
(2) The Board of Appeal may approve the settlement between the 
parties in a matter of opposition, insofar as the
provisions of 
the settlement concern the recording of amendments in the 
relevant registrations information, provided
for in industrial 
property laws and regulations and under the competence of the 
Patent Office.
(3) Settlement shall not be allowed if its provisions affect 
the rights or legal interests of a third person, and the third
person has not agreed thereto.
(4) If a settlement is concluded or a notice of opposition is 
completely withdrawn before the end of the time period
for 
providing the response of the owner of the contested registration 
(Section 68, Paragraph one), the Board of Appeal
upon terminating 
the opposition proceedings (Section 108, Clauses 4 and 8), shall 
reimburse to the submitter of the
notice of opposition 50 per 
cent of the fee paid for submitting a notice of opposition.
(5) If in the course of the preparation or examination of a 
matter of opposition both parties express readiness to
agree on a 
settlement, the Board of Appeal shall postpone the examination of 
the matter for a period of time needed
by the parties to come to 
an agreement, but not longer than six months. If the proposal for 
settlement is expressed by
one of the parties, the Board of 
Appeal, after hearing the point of view of the opposite party, 
shall take the decision to
postpone the examination of the 
matter, if the fee for postponing the examination of the matter 
has been paid. If both
parties request to extend the time period 
which has been determined to agree on settlement, and for the 
purpose of
settlement the fee for extending the time period for 
the examination of a matter has been paid, the Board of Appeal
shall extend the time period, but for not longer than two years, 
counting from the day when the readiness to agree was
expressed 
for the first time.
Section 71. Preparation of a Matter 
for Examination
(1) Upon preparing a matter of appeal or opposition for 
examination, the chairperson of the composition for the
examination of a matter shall carry out the following procedural 
activities:
1) decide on the issue of inviting third persons to the 
matter;
2) decide on the issue of joining or splitting the 
matters;
3) if necessary, request additional evidence from participants 
in the matter;
4) decide on the issue of the examination of the matter in the 
oral procedure and the issue of determining a
session of the 
Board of Appeal for carrying out a separate procedural activity 
or for clarification or resolving of a
procedural issue;
5) if necessary, explain the participants in the matter their 
procedural rights and obligations;
6) carry out other procedural activities.
(2) The chairperson of the composition for the examination of 
a matter in a matter of appeal - as soon as the Board
of Appeal 
has received the notice of appeal back from the Patent Office 
(Section 66, Paragraph three or five) - and in
a matter of 
opposition - concurrently with sending a true copy of the notice 
of opposition to the owner of the contested
registration, or, if 
necessary at a later stage of the preparation of the matter - 
shall determine and notify the
participants in the matter of the 
time period, by which the participants in the matter may raise 
objection, submit
explanations, submissions, and requests, 
including a request for the invitation of a third person, a 
request for
determining a session of the Board of Appeal for 
carrying out a separate procedural activity, or for clarification 
or
resolving of a procedural issue. If there is no valid reason 
to determine a different time period, this time period shall be
two months from the day of notification.
Chapter 
XII
Examination of a Matter in the Written Procedure
21
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42Section 72. Examination of a Matter 
of Appeal in the Written Procedure
(1) Examination of a matter of appeal on its merits shall be 
completed not later than three months after the day of
initiating 
the matter. The chairperson of the composition for the 
examination of the matter shall notify this date to the
participants in the matter at least one month in advance. After 
this date, participants in the matter are entitled to
submit any 
new submissions, requests, and evidence only in case if they are 
requested by the Board of Appeal.
(2) If, in accordance with the procedures and within the time 
period laid down in this Law, responses to the
questions of the 
Board of Appeal or other submissions or requests have been 
received from the participant in the
matter, the chairperson of 
the composition for the examination of the matter shall, without 
delay, communicate them
to other participants in the matter and 
shall determine a time period for submitting their opinion.
(3) If there is a valid reason, the Board of Appeal is 
entitled to determine another date when the examination of the
matter on its merits is to be completed. The chairperson of the 
composition for the examination of the matter shall
notify this 
date to participants in the matter at least one month in 
advance.
Section 73. Examination of a Matter 
of Opposition in the Written Procedure
(1) If the chairperson of the composition for the examination 
of a matter does not determine another time period
due to valid 
reasons, the submitter of the notice of opposition has the right, 
within two months after the Board of
Appeal has notified the 
response to the notice of opposition to him or her, or if the 
response is not submitted, after the
end of the time period for 
submitting the response, to submit additions or clarifications, 
additional explanations, and
evidence to the notice of 
opposition.
(2) Unless the chairperson of the composition for the 
examination of a matter due to valid reasons determines
otherwise, the owner of the contested registration has the right, 
within two months after the Board of Appeal has
notified 
additions, clarifications, additional explanations or evidence to 
the notice of opposition to him or her, or if such
have not been 
submitted, after the end of the time period for their submission, 
to submit additions to the response to
the notice of opposition 
and additional evidence.
(3) If the owner of the contested registration has failed to 
submit a response to the notice of opposition in
accordance with 
the specified procedures and time period, he or she may not 
exercise the rights provided for in
Paragraph two of this 
Section. This provision shall not affect the rights of the owner 
of the contested registration to
provide a response to a notice 
of opposition or its additions within the time period specified 
in Paragraph two of this
Section, if he or she has submitted a 
request for evidence of actual use of the opposing earlier trade 
mark (Section
68, Paragraph three) within the time period 
specified in Section 68, Paragraph one of this Law.
(4) If, in accordance with the procedures and within the time 
period laid down in this Law, responses to the
questions of the 
Board of Appeal or other submissions or requests have been 
received from the participant in the
matter, the chairperson of 
the composition for the examination of the matter shall, without 
delay, communicate them
to other participants in the matter and 
shall determine a time period for submitting their opinion.
(5) Concurrently with the sending of additions to the notice 
of opposition to the owner of the contested registration,
or if 
additions to the notice of opposition have not been submitted, 
immediately after the end of the time period
determined for this 
purpose, the chairperson of the composition for the examination 
of the matter shall determine and
notify all the participants in 
the matter of the day when the examination of the matter on its 
merits is to be completed.
If there are no valid reasons to 
decide otherwise, the examination of the matter on its merits 
shall be completed on the
same day which has been determined as 
the time period by which additions to a response to a notice of 
opposition
shall be submitted. After this date, participants in 
the matter are entitled to submit any new submissions, requests,
and evidence only in case if they are requested by the Board of 
Appeal.
(6) If there is a valid reason, the chairperson of the 
composition for the examination of the matter is entitled to
determine a new date when the examination of the matter on its 
merits is to be completed.
(7) If the participants in the matter declare that they will 
not exercise their rights to submit additions or
clarifications 
to the notice of opposition, additional explanations or evidence, 
or additions to the response to the notice
of opposition or 
additional evidence, as well as in other justified cases, the 
date when the examination of the matter
on its merits is to be 
completed may be determined earlier than determined 
originally.
Section 74. Communication between 
the Board of Appeal and Participants in a Matter in the 
Examination of
a Matter in the Written Procedure
(1) At any stage of the examination of a matter the Board of 
Appeal may invite participants in the matter, within a
determined 
time period, to answer questions regarding the actual 
circumstances and formal legal basis of the matter.
(2) A participant in the matter has an obligation to inform 
the Board of Appeal without delay, if at any stage of the
preparation or examination of the matter he or she does not wish 
to exercise the rights to provide his or her point of
view or 
arguments regarding documents submitted by another participant in 
the matter.
22
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42Chapter 
XIII
Session of the Board of Appeal
Section 75. Determination and 
Notification of a Session of the Board of Appeal
(1) If the examination of a matter in the oral procedure is 
determined (Section 32, Paragraph four) or a session of
the Board 
of Appeal is necessary for carrying out a separate procedural 
activity, for clarification or resolving of a
procedural issue 
(Section 32, Paragraph five), the chairperson of the composition 
for the examination of the matter
shall, at least a month in 
advance, notify the participants in the matter of the day, time, 
and place of the session of
the Board of Appeal, as well as of 
the obligation of the participants in the matter to submit to the 
Board of Appeal all
the necessary evidence within the time period 
determined in Section 62, Paragraph five of this Law.
(2) If a session of the Board of Appeal which had already been 
determined, is postponed, the chairperson of the
composition for 
the examination of the matter shall notify information regarding 
the postponed session of the Board of
Appeal referred to in 
Paragraph one of this Section to the participants in the matter 
at least 10 days in advance.
(3) With a consent of all participants in the matter the 
session of the Board of Appeal may be determined and
notified 
without observing the time periods referred to in Paragraphs one 
and two of this Section.
(4) If it is requested to examine a matter of opposition in 
the oral procedure, the chairperson of the composition for
the 
examination of the matter shall decide this issue as soon as the 
response of the owner of the contested
registration to the notice 
of opposition has been received, or the time period for 
submitting the response has ended. If
a matter is determined to 
be examined in the oral procedure, the session of the Board of 
Appeal shall be, without
delay, notified to participants in the 
matter, in conformity with the provisions of Paragraphs one, two, 
and three of this
Section.
Section 76. Recording of the Course 
of a Session of the Board of Appeal
(1) During a session of the Board of Appeal minutes shall be 
taken and audio recording of the course of the
session shall be 
made.
(2) Minutes shall be taken and the audio recording ensured by 
the secretary of the Board of Appeal or a member of
the Board of 
Appeal who upon assignment of the chairperson of the Board of 
Appeal performs the obligations of the
secretary (hereinafter - 
the secretary of the session).
(3) The following shall be indicated in the minutes of a 
session of the Board of Appeal in addition to other
information:
1) the place and time of the session;
2) the composition for the examination of the matter, and the 
secretary of the session;
3) the persons present at the session;
4) what decisions have been taken.
(4) Minutes and audio recordings of a session of the Board of 
Appeal shall be available to the participants in the
matter and 
other persons, in conformity with the transparency regulations 
for the examination of the matter.
Section 77. Procedures in a Session 
of the Board of Appeal
(1) Participants in the matter, interpreters, and other 
persons present at the session of the Board of Appeal shall
comply with the procedures laid down in this Law, and shall 
unconditionally obey the instructions of the chairperson of
the 
composition for the examination of the matter and the rulings of 
the Board of Appeal.
(2) The persons present at a session of the Board of Appeal 
shall behave in such a way that the course of the
session is not 
disturbed.
(3) If a person during a session of the Board of Appeal 
repeatedly disturbs the session, the Board of Appeal shall
expel 
him or her from the session hall. If a session is repeatedly 
disturbed by a participant in the matter, the fact of
exclusion 
shall be recorded in the minutes of the session. The Board of 
Appeal is entitled to examine the matter
without the presence of 
such person.
Section 78. Commencement of a 
Session
(1) A session of the Board of Appeal shall be chaired by the 
chairperson of the composition for the examination of
the 
matter.
(2) The chairperson of the composition for the examination of 
the matter shall chair the examination of the matter
23
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42and 
procedural activities in a session so as to ensure all 
participants in the matter equal rights to participate in
clarification of the circumstances of the matter and objective 
examination of the matter.
(3) Upon opening a session, the chairperson of the composition 
for the examination of the matter shall notify which
matter will 
be examined, name the composition for the examination of the 
matter, and the secretary of the session.
(4) The Board of Appeal shall clarify which persons invited 
have arrived and what information regarding the reasons
for not 
arriving of the persons invited has been received, verify the 
identity of the persons present, and authorisation
of the 
representatives.
(5) The chairperson of the composition for the examination of 
the matter shall explain to the participants in the
matter their 
procedural rights and obligations, as well as the consequences of 
execution or non-execution of the
procedural activities.
Section 79. Examination of a Matter 
on Its Merits in the Absence of a Participant in the Matter
(1) If any of the participants in the matter or an interpreter 
has not arrived, the Board of Appeal shall commence
the 
examination of the matter, unless there is a reason to postpone 
it in accordance with Section 101 of this Law.
(2) If the submitter of a notice of appeal or a party in a 
matter of opposition has submitted a request to examine
the 
matter in the absence of the person before the session, the Board 
of Appeal may examine the matter without the
abovementioned 
person.
(3) In case of absence of an official of the Patent Office who 
has been invited to the session, the Board of Appeal
shall 
examine the matter of appeal in the absence of the abovementioned 
person according to the materials of the
matter.
(4) The Board of Appeal shall examine a matter of opposition 
in the absence of the owner of the contested
registration, if 
there is no information regarding the reasons for his or her 
absence, or if they are not recognised as
justified.
Section 80. Objection and Deciding 
Thereon
(1) The Board of Appeal shall examine whether a participant in 
the matter has objection to a member of the Board
of Appeal. If 
an objection has been raised, a record thereof shall be entered 
in the minutes of the session.
(2) The Board of Appeal shall decide on the raised objection 
in accordance with the procedures laid down in
Section 39, 
Paragraphs five and six of this Law.
Section 81. Deciding on Requests 
Applied by Participants in a Matter
The Board of Appeal shall clarify whether participants in a 
matter have requests that are related to the examination
of the 
matter, and decide on them after hearing the point of view of 
participants in the matter.
Section 82. Commencement of the 
Examination of a Matter on its Merits
(1) Upon the commencement of the session of the Board of 
Appeal, in which a matter is examined on its merits,
the 
chairperson of the composition for the examination of the matter, 
if it is necessary, shall notify of the
circumstances of the 
matter and the procedural activities carried out in the course of 
the preparation of the matter.
(2) The Board of Appeal shall clarify whether the submitter of 
a notice of appeal or opposition maintains the claim
included in 
his or her submission, and whether the Patent Office or the owner 
of the contested registration recognises
it.
Section 83. Withdrawal from a Claim 
and Recognition of a Claim
(1) A withdrawal from a claim (complete or partial), verbally 
expressed in a session of the Board of Appeal, shall be
recorded 
in the minutes of the session and signed by the submitter of the 
notice of appeal or opposition. If a
withdrawal from a claim has 
been submitted to the Board of Appeal in writing, it shall be 
added to the file.
(2) Recognition of a claim (fully or in part) in a session of 
the Board of Appeal shall be recorded in the minutes of
the 
session, and signed by the official of the Patent Office who 
recognises the claim included in the notice of appeal,
or by the 
owner of the contested registration who recognises the claim 
included in the notice of opposition. If a
recognition of a claim 
has been submitted to the Board of Appeal in writing, it shall be 
added to the file.
(3) It is possible to withdraw from a claim and recognise a 
claim before the examination of a matter on its merits
has been 
completed.
(4) The Board of Appeal shall take a decision on complete 
withdrawal from the claim of the submitter of a notice of
appeal, 
or the submitter of a notice of opposition, concurrently with 
which it ends the proceedings of the matter.
24
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42Section 84. Explanations of the 
Participants in a Matter and Written Evidence
(1) In the session of the Board of Appeal, in which a matter 
of appeal is examined on its merits, the participants in
the 
matter shall provide explanations in the following order: first, 
the submitter of the notice of appeal, then the Patent
Office.
(2) In the session of the Board of Appeal, in which a matter 
of opposition is examined on its merits, the
participants in the 
matter shall provide explanations in the following order: first, 
the submitter of the notice of
opposition, then the owner of the 
contested registration.
(3) A third person who participates in the court without 
independent claims, shall provide explanations after the
person 
on the side of whom he or she participates in the matter.
(4) Representatives of participants in a matter shall provide 
explanations on behalf of the persons they are
representing.
(5) The participants in a matter shall indicate the 
circumstances justifying their claims or counterarguments in 
their
explanations.
(6) If a participant in a matter in his or her explanations 
refers to evidence which is not submitted in the matter, and
the 
Board of Appeal recognises that such evidence is necessary, the 
Board of Appeal may, by taking into account the
provisions of 
Section 62 of this Law, invite to submit them.
(7) The participants in the matter are entitled to submit 
their explanations to the Board of Appeal in writing.
(8) Written explanations of the participants in the matter and 
the written evidence shall be read out in a session of
the Board 
of Appeal in the order laid down in this Section, except when the 
participants in the matter present at the
session agree that 
reading out is not necessary.
Section 85. Procedures for Asking 
Questions
(1) With a permission of the Board of Appeal the participants 
in the matter may ask each other questions. The
Board of Appeal 
shall reject questions that are not relevant to the matter.
(2) In examining a matter, the Board of Appeal may, at any 
time, ask questions to participants in the matter.
Section 86. Examination of Material 
Evidence
(1) Material evidence shall be inspected in a session of the 
Board of Appeal and presented to participants in the
matter.
(2) A participant in the matter may provide explanations and 
express his or her point of view and requests
regarding the 
material evidence.
(3) If material evidence have been inspected in a session of 
the Board of Appeal which has been scheduled for the
examination 
of material evidence, then, upon examining the matter on its 
merits, the minutes of inspection shall be
read out, if 
necessary.
Section 87. Termination of the 
Examination of a Matter on its Merits
(1) In the session of the Board of Appeal, in which a matter 
is examined on its merits, the Board of Appeal shall,
after the 
examination of the applied evidence, clarify the point of view of 
participants in the matter on the possibility to
complete 
examination of the matter on its merits.
(2) If it is not necessary to examine additional evidence, the 
Board of Appeal shall clarify whether the submitter of
the notice 
of appeal or opposition maintains the claim included in its 
notice, and whether the parties (in a matter of
opposition) are 
willing to conclude settlement.
(3) If the submitter of a notice of appeal or opposition does 
not withdraw from the claim, and the parties (in a
matter of 
opposition) are not willing to conclude settlement, the Board of 
Appeal shall declare the examination of the
matter on its merits 
as completed, and continue with debate.
Section 88. Debate
(1) In the debate the participants in a matter shall speak in 
the same order as they are providing explanations.
(2) A participant of the debate is not entitled to refer to 
circumstances and evidence which have not been
examined in a 
session of the Board of Appeal in his or her speech.
(3) The Board of Appeal shall interrupt a participant of the 
debate, if he or she is speaking about circumstances
that are not 
relevant to the matter.
25
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42Section 89. Replies
(1) After participants in a matter have spoken in the debate, 
each of them is entitled to one reply.
(2) The following persons have the right to the last 
reply:
1) in a matter of appeal - the submitter of the notice of 
appeal or his or her representative;
2) in a matter of opposition - the owner of the contested 
registration or his or her representative.
(3) The Board of Appeal may limit the length of the reply.
Section 90. Deliberation of the 
Board of Appeal, Rendering and Declaring of the Decision
(1) After the debate and the replies, if any, the chairperson 
of the composition for the examination of the matter
shall notify 
those present in the session hall of the Board of Appeal of 
deliberation of the Board of Appeal.
(2) The composition for the examination of the matter shall 
deliberate and take a decision without the presence of
other 
persons. There shall be no direct or indirect interference in the 
decision-making or influence on the Board of
Appeal.
(3) When taking a decision collegially the chairperson of the 
composition for the examination of the matter shall be
the last 
to express his or her point of view.
(4) After deliberation the chairperson of the composition for 
the examination of the matter shall publicly inform
those present 
in the session hall of the Board of Appeal on the operative part 
of the decision of the Board of Appeal.
Section 91. Session of the Board of 
Appeal for Carrying Out a Procedural Activity or for the 
Clarification or
Resolving of a Procedural Issue
(1) In a session of the Board of Appeal determined for 
carrying out a separate procedural activity or for clarification
or resolving of a procedural issue, the provisions of Sections 
76, 77, 78, 80, 81, 84, 85, and 87 of this Law shall be
applied 
with the necessary changes.
(2) If a session of the Board of Appeal determined for 
carrying out a separate procedural activity or for clarification
or resolving of a procedural issue is not attended by any of the 
participants in the matter who have been duly notified
of the 
day, time, and place of the session, and who has not requested to 
postpone the session for any valid reason, it
shall be considered 
that the participant in the matter has agreed to carrying out the 
procedural activity or clarification,
or resolving of the 
procedural issue in his or her absence.
(3) In the case referred to in Paragraph two of this Section 
the respective participant in the matter is not entitled to
contest the decision taken in the session, except when objective 
circumstances, which were beyond his or her control
have served 
as an obstacle to attend the session of the Board of Appeal or 
request it to be postponed.
Chapter 
XIV
Decision of the Board of Appeal, its Revision, Entering into 
Effect and
Execution
Section 92. General Rules Regarding 
a Decision of the Board of Appeal
(1) A decision of the Board of Appeal shall be legally 
effective and justified.
(2) In taking a decision, the Board of Appeal shall base it on 
the norms of substantive and procedural rights.
(3) The Board of Appeal shall justify its decision with 
circumstances that have been established by the evidence in
the 
matter or which in accordance with Section 51 of this Law need 
not to be proven.
(4) A decision, by which a dispute is resolved on its merits, 
shall be justified by the Board of Appeal only with such
circumstances, regarding which the participants in a matter have 
had an opportunity to express their point of view in
writing or 
verbally.
(5) A decision, by which a dispute is resolved on its merits, 
shall be taken on the subject indicated in the notice of
appeal 
or opposition, without exceeding the borders of the claim.
(6) A decision which has been taken collegially shall be 
signed by all members of the Board of Appeal who have
been 
included in the composition for the examination of the matter. A 
decision, which has been taken by the
chairperson of the Board of 
Appeal or the chairperson of the composition for the examination 
of a matter sitting alone,
shall be signed by the respective 
person.
26
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42(7) After signing of the decision it shall not be amended or 
changed. Clerical or mathematical errors may be
corrected with a 
separate decision which shall be taken by the same composition 
for the examination of a matter.
Section 93. Decision by Which a 
Dispute is Resolved on its Merits
(1) A decision that resolves a dispute on its merits shall be 
rendered in writing. It shall consist of an introductory
part, a 
descriptive part, a reasoned part, and an operative part.
(2) The introductory part shall include the place and date of 
taking the decision, the full name of the Board of
Appeal, the 
composition for the examination of the matter, the participants 
in the matter, the nature of the matter to be
examined (matter of 
appeal, matter of opposition), and the subject of the notice of 
appeal or opposition, as well as the
procedure (written or oral) 
by which the matter has been examined.
(3) The descriptive part shall include the claim of the 
submitter of the notice of appeal or notice of opposition and
the 
counterarguments of the Patent Office or the owner of the 
contested registration, as well as the nature of the
explanations 
provided by participants in the matter.
(4) The reasoned part shall include:
1) the facts established in the matter, the evidence by which 
the conclusions of the Board of Appeal have been
justified, and 
arguments by which this or other evidence has been refused;
2) the legal norms on which the Board of Appeal has based;
3) the legal assessment of the established circumstances of 
the matter;
4) references to the case-law and legal literature, as well as 
other special literature which has been used by the
Board of 
Appeal in its reasoning;
5) the conclusions of the Board of Appeal regarding the 
validity of the notice of appeal or notice of opposition.
(5) The operative part shall include:
1) the legal norms applied by the Board of Appeal in a single 
listing (also mentioning the Section, Paragraph,
Clause or 
Sub-clause of the law or regulation);
2) the ruling on the satisfaction of a notice of appeal or 
notice of opposition in full or in part or on the rejection, and
the nature of the decision (the rights granted, confirmed or 
denied to a person, or amendments to the information of
registration in accordance with the industrial property laws and 
regulations) which must be executed by the Patent
Office;
3) the procedures and time period, in which a participant in a 
matter who disagrees with the decision of the Board
of Appeal is 
entitled to apply to the court.
Section 94. Rendering and 
Notification of a Motivated Decision
(1) A motivated decision by which a dispute is resolved on its 
merits shall be rendered by the Board of Appeal not
later than 
within one month after the day when the examination of the matter 
in the written procedure has been
completed, or when the session 
of the Board of Appeal at the end of which the decision was taken 
took place.
(2) On the day of the rendering of a decision or on the next 
working day the Board of Appeal shall send a true copy
of the 
decision to the participants in a matter. A participant in the 
matter may, upon a respective request, receive a
true copy of the 
decision in the work premises of the Board of Appeal. Receipt of 
the decision shall not affect the
counting of the time 
period.
Section 95. Settlement and Decision 
on the Settlement in a Matter of Opposition
(1) The parties in a matter of opposition shall conclude 
settlement in writing and submit it to the Board of Appeal.
(2) The following shall be indicated in the settlement:
1) the submitter of the notice of opposition, and his or her 
address;
2) the owner of the contested registration and his or her 
address;
3) the subject of the notice of opposition;
4) liabilities of each party they voluntarily undertake to 
perform.
(3) The Board of Appeal, having received the settlement 
between the parties, shall clarify whether the parties have
voluntarily agreed on the settlement, whether it conforms to the 
requirements of Section 70, Paragraphs two and three
of this Law, 
and of Paragraphs one and two of this Section, and whether the 
parties are aware of the procedural
27
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42consequences of the 
confirmation of the settlement.
(4) The circumstances of settlement shall be indicated in the 
decision on settlement of the Board of Appeal.
(5) On the refusal to confirm the settlement the Board of 
Appeal shall take a motivated decision and shall continue
to 
examine the matter. The decision on refusal to confirm the 
settlement may be included in the decision by which a
dispute is 
resolved on its merits.
(6) If the Board of Appeal recognises that the settlement 
conforms to the requirements of the Law, it shall take a
decision, by which it confirms the settlement and concurrently 
terminates the proceedings in the matter. The decision
shall be 
taken collegially by the composition for the examination of the 
matter.
Section 96. Decision by Which a 
Dispute is Not Resolved on its Merits
(1) The decision by which a dispute is not resolved on its 
merits shall be rendered in a form of a separate
procedural 
document, a resolution, or it shall be recorded in the minutes of 
the session of the Board of Appeal.
(2) A decision may be drawn up in the form of a resolution if 
it is taken by the chairperson sitting alone and it does
not need 
an expanded motivation.
(3) The following shall be indicated in a decision that has 
been rendered in the form of a separate procedural
document:
1) the place and date of taking of the decision;
2) the full name of the Board of Appeal, and composition for 
the examination of the matter;
3) the participants in the matter;
4) the nature of the matter to be examined (a matter of 
appeal, a matter of opposition), and the subject of the
notice of 
appeal or notice of opposition;
5) the issues regarding which the decision has been taken;
6) the motives of the decision;
7) the ruling of the composition for the examination of the 
matter, the chairperson of the Board of Appeal or of the
chairperson of the composition for the examination of the 
matter;
8) the time period and procedures by which the decision may be 
contested, or a remark that the decision shall not
be 
contested.
(4) A decision that has been taken in the form of a separate 
procedural document shall be notified to the
participants in the 
matter in accordance with the procedures laid down in Section 94, 
Paragraph two of this Law.
Section 97. Contesting and Entering 
into Effect of a Decision of the Board of Appeal by Which a 
Dispute is
not Resolved on its Merits
(1) A participant in a matter who is not satisfied with a 
decision, taken by the chairperson of the Board of Appeal or
the 
chairperson of the composition for the examination of the matter 
sitting alone, and which has not been determined
as incontestable 
in this Law, may, within two weeks after the day of its 
notification, submit to the Board of Appeal a
motivated 
submission regarding contesting of the decision.
(2) The decision referred to in Paragraph one of this Section 
shall enter into effect after expiry of the time period for
contesting thereof, and it has not been contested.
(3) The chairperson of the Board of Appeal shall transfer the 
submission referred to in Paragraph one of this
Section to the 
composition for the examination of the matter for collegial 
examination and taking of a decision in the
written procedure, 
or, if he or she considers this necessary, in the oral procedure 
in a session of the Board of Appeal.
(4) The decision taken by the composition for the examination 
of a matter by which a dispute is not resolved on its
merits, 
shall not be contested, and it shall enter into effect on the day 
of the notification thereof.
Section 98. Applying to the Court in 
Relation to a Decision of the Board of Appeal
(1) A participant in a matter who disagrees with the decision 
of the Board of Appeal by which a dispute in a matter
of appeal 
or opposition has been resolved, may, within three months after 
the day of the notification of the decision
apply to the City of 
Rīga Vidzeme Urban District Court in accordance with the 
procedures laid down in the Civil
Procedure Law with a statement 
of claim, depending on the nature of the matter and the 
decision:
1) the submitter of a notice of appeal, if the notice of 
appeal has been fully or partially refused - with a claim
regarding the protection of his or her affected legal interests 
and request to impose an obligation on the Patent Office 
28
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42regarding the protection of his or her affected legal interests 
and request to impose an obligation on the Patent Office
to 
establish legal relations according to the application for the 
registration of an object of industrial property (to carry
out 
registration of an object of industrial property);
2) the Patent Office, if a notice of appeal has been fully or 
partially satisfied - with a claim to recognise an
application 
for the registration of an object of industrial property as 
non-conforming to the provisions of an industrial
property law or 
regulation, and the decision of the Patent Office - as legally 
effective;
3) the submitter of a notice of opposition, if the notice of 
opposition has been fully or partially refused - with a claim
regarding protection of his or her affected rights and legal 
interests, and request to amend the record in the register (to
fully or partially recognise a registration belonging to another 
person as invalid);
4) the owner of a contested registration, if a notice of 
opposition has been fully or partially satisfied - with a claim
for the protection of the contested rights (to fully or partially 
recognise a registration as valid).
(2) In the case referred to in Paragraph one of this Section 
or in accordance with the provisions of the Civil
Procedure Law a 
person whose rights or legal interests, or obligations against 
any of the participants in a matter are
affected by a decision of 
the Board of Appeal may enter the matter on the side of the 
claimant or the defendant as a
third person without independent 
claims, also if he or she had not been admitted in the status of 
a third person, or if he
or she has been deprived of the status 
of a third person in the examination of the matter in the Board 
of Appeal.
(3) A person who has submitted a statement of claim to the 
court in accordance with the provisions of this
Section, has an 
obligation, not later than seven days after submitting the 
statement of claim to the court, to inform the
Board of Appeal 
thereof. The decision to accept the statement of claim and 
initiate a matter, to refuse to accept a
statement of claim, or 
to leave a statement of claim without advancement, shall be sent 
by the court to the Board of
Appeal in the form of an electronic 
postal item.
(4) If the court accepts the statement of claim referred to in 
Paragraph one of this Section and initiates a matter,
the Board 
of Appeal shall send the explanations and written evidence of the 
participants in the matter at its disposal to
the City of Rīga 
Vidzeme Urban District Court.
Section 99. Entering into Effect of 
a Decision of the Board of Appeal by Which a Dispute has Been
Resolved in a Matter of Appeal or Opposition
(1) A decision of the Board of Appeal by which a dispute has 
been resolved in a matter of appeal or opposition
shall enter 
into legal effect:
1) on the day when the time period referred to in Section 98, 
Paragraph one of this Law expires, if:
a) none of the parties involved in the dispute has submitted a 
statement of claim on the subject of the dispute
within this time 
period,
b) a respective statement of claim on the subject of the 
dispute has been submitted to the court within this time
period, 
but the judge has taken a decision to refuse to accept it,
c) a respective statement of claim on the subject of the 
dispute has been submitted to the court within this time
period, 
but the judge has taken a decision to consider the statement of 
claim as non-submitted, and return it to the
applicant;
2) on the day when the decision of the court by which the 
claim has been left without examination has entered into
effect, 
except when the claim has been left without examination because 
the dispute in the matter of the claim
between the same parties 
involved in the dispute, regarding the same subject and on the 
same basis is under
examination in the same or another court;
3) on the day when the decision of the court by which the 
proceedings have been terminated, has entered into
effect, except 
when the proceedings have been terminated due to entering into 
lawful effect of a court judgement
which has been given in a 
dispute between the same parties involved in the dispute, 
regarding the same subject, or
the parties have concluded 
settlement and the court has confirmed it.
(2) If a statement of claim to the court in accordance with 
the procedures of Section 98, Paragraph one of this Law
has been 
submitted on the subject of the dispute which concerns a part of 
the decision of the Board of Appeal, this
decision in the 
remaining part thereof shall enter into effect when the time 
period for the submission of the statement
of claim to the court 
expires.
(3) If the Board of Appeal has not received the information 
referred to in Section 98, Paragraph three of this Law,
and its 
decision refers to the activities in the Patent Office, the Board 
of Appeal shall transfer the decision to the
Patent Office for 
execution. If a statement of claim has been submitted to the 
court regarding a subject of the dispute
which concerns a part of 
a decision of the Board of Appeal (Paragraph two of this 
Section), the Board of Appeal shall
transfer the remaining part 
of the decision to the Patent Office for execution.
Section 100. Execution of a Decision 
of the Board of Appeal
29
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42(1) If a decision of the Board of Appeal has entered into 
effect and has been notified to the Patent Office, the
Patent 
Office shall, without delay, execute the obligations imposed 
thereon by a decision of the Board of Appeal
(Section 93, 
Paragraph five, Clause 2), including make the amendments 
specified in the decision to information
regarding registration 
of an object of industrial property.
(2) If the Board of Appeal in relation to newly discovered 
circumstances in a matter of appeal has taken a decision
on the 
repeated examination of application for the registration of an 
object of industrial property (repeated expert-
examination), such 
decision shall not be contested and shall enter into effect at 
the time of the notification thereof.
The Patent Office shall, as 
soon as such decision has been notified, carry out the 
obligations imposed on it with the
decision of the Board of 
Appeal, in conformity with the procedures and time period for the 
respective procedure laid
down in an industrial property law or 
regulation.
(3) If the applicant (submitter of the notice of appeal) is 
not satisfied also by the decision taken by the Patent
Office 
after repeated examination of the application (repeated 
expert-examination), he or she is entitled, within three
months 
from the date of notification thereof, stating the justification, 
to notify the Patent Office that he or she
maintains the 
originally submitted notice of appeal in effect, fully or in 
part.
Chapter 
XV
Postponing of the Examination of a Matter, Suspension of 
Proceedings,
Leaving a Matter without Examination and Termination 
of Proceedings
Section 101. Postponing of the 
Examination of a Matter
(1) The Board of Appeal shall postpone the examination of a 
matter, if:
1) the owner of the contested registration has not received a 
true copy of the notice of opposition in due time, and
therefore 
requests postponing the examination of the matter;
2) it is necessary to invite as a participants in the matter a 
person whose rights or legal interests may be affected
by the 
decision of the Board of Appeal;
3) one of the participants in the matter fails to attend the 
session of the Board of Appeal, and he or she has not
been 
notified of the time and place of the session.
(2) The Board of Appeal may postpone the examination of a 
matter, if it recognises that:
1) it is not possible to examine a matter because any of the 
participants in the matter or the interpreter has failed
to 
attend the session of the Board of Appeal, or there are other 
important reasons;
2) it is necessary to submit additional evidence.
(3) The Board of Appeal may postpone the examination of a 
matter also if the participants in a matter of opposition
are 
preparing to conclude settlement (Section 70, Paragraph 
five).
Section 102. Decision to Postpone 
the Examination of a Matter
(1) A decision to postpone the examination of a matter shall 
be taken in the form of a resolution or a separate
procedural 
document or it shall be recorded in the minutes of the session of 
the Board of Appeal.
(2) In the decision to postpone the examination of a matter, 
the procedural activities that must be executed until
the 
resumption of the examination of the matter, as well as the day 
when the examination of the matter shall be
resumed in the 
written procedure, or the day of the next session of the Board of 
Appeal shall be indicated.
(3) In a matter that must be examined in the written 
procedure, the Board of Appeal shall send the decision to
postpone the examination of the matter to the participants in the 
matter. In a matter that must be examined in the oral
procedure, 
the Board of Appeal shall, in a timely manner, notify the 
participants in the matter of the day and time of
the next 
session in accordance with the provisions of Section 75, 
Paragraphs one, two and three of this Law.
(4) A decision to postpone the examination of a matter shall 
be taken and it shall enter into effect in accordance
with the 
procedures laid down in Section 97 of this Law.
Section 103. Suspension of 
Proceedings
(1) The Board of Appeal shall suspend the proceedings in a 
matter, if:
1) the natural person who is the submitter of the notice in a 
matter of appeal or opposition has died, or a legal
person who is 
the submitter of the notice in a matter of appeal or opposition 
has ceased to exist;
30
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422) the court has established trusteeship over a participant in 
the matter - a natural person;
3) examination of a matter is not possible before another 
matter has been decided in the court, an institution or in
the 
Board of Appeal, including cases when a matter has been initiated 
in a court regarding invalidation or revocation of
the 
registration of an object of industrial property involved in a 
dispute to be examined by the Board of Appeal.
(2) The Board of Appeal may suspend the proceedings in a 
matter, if:
1) the submitter of a notice of appeal or opposition or a 
third person due to a disease, age, disability or other
substantial reasons is unable to participate in the examination 
of the matter;
2) a matter has been initiated in the Constitutional Court 
regarding conformity of the legal norms to be applied in
the 
examination of the matter with the legal norms of a higher legal 
force;
3) a matter has been initiated in the Court of Justice of the 
European Union or in other international or
supranational court 
on the results of which the decision of Board of Appeal may 
depend.
(3) Proceedings in the Board of Appeal shall be suspended 
until the reason which served as a basis for
suspending the 
proceedings has been eliminated.
Section 104. Decision to Suspend 
Proceedings
(1) The Board of Appeal shall take a motivated decision to 
suspend the proceedings in the form of a separate
procedural 
document.
(2) The circumstances, until the occurrence or termination of 
which the proceedings have been suspended, shall
be indicated in 
the decision.
(3) The decision to suspend proceedings shall be taken and it 
shall enter into effect in accordance with the
procedures laid 
down in Section 97 of this Law.
Section 105. Resumption of the 
Proceedings
The Board of Appeal shall resume the proceedings upon its own 
initiative or upon a request of a participant in the
matter.
Section 106. Leaving a Notice of 
Appeal or Notice of Opposition without Examination
(1) The Board of Appeal shall leave a notice of appeal or 
notice of opposition without examination if it has been
submitted 
on behalf of the submitter of the notice of appeal or notice of 
opposition by a person who has not been
authorised for it in 
accordance with specific procedures, and the deficiencies in the 
authorisation have not been
eliminated upon the invitation of the 
Board of Appeal.
(2) The Board of Appeal shall leave a notice of opposition 
without examination if it has become aware of the fact
that the 
dispute in the matter of claim between the same parties on the 
same subject and on the same basis is under
examination in the 
court.
(3) The Board of Appeal may leave a notice of appeal or notice 
of opposition without examination if the submitter
of the notice 
of appeal or opposition:
1) who has been notified of the time and place of the session 
of the Board of Appeal, has repeatedly failed to
attend the 
session of the Board of Appeal without a justified reason, and 
has not requested that the matter is
examined in his or her 
absence;
2) in a matter to be examined in the written procedure has 
repeatedly failed to provide answers to questions of the
Board of 
Appeal or invitations to submit the explanations or evidence 
necessary for the examination of the matter.
Section 107. Decision to Leave a 
Notice of Appeal or Notice of Opposition without Examination
(1) The Board of Appeal shall take a motivated decision to 
leave a notice of appeal or notice of opposition without
examination in the form of a separate procedural document.
(2) The decision to leave a notice of appeal or notice of 
opposition without examination shall be taken in
accordance with 
the procedures laid down in Section 97 of this Law.
Section 108. Basis for the 
Termination of Proceedings
The Board of Appeal shall terminate the proceedings, if:
1) a matter may not be examined according to the procedures 
specified for the examination of matters in the Board
of 
Appeal;
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422) a notice of appeal or notice of opposition has been 
submitted by a by a person who is not entitled to do so;
3) a court judgement or a decision of the Board of Appeal 
which has been taken in a matter between the same
participants in 
the matter for the same subject and on the same basis or from 
which it is apparent that the
proceedings of the Board of Appeal 
must be terminated, has entered into effect;
4) the submitter of the notice of appeal or notice of 
opposition has withdrawn from his or her submission;
5) in a matter the assumption of procedural rights of the 
submitter of a notice of appeal or notice of opposition is
possible, but within six months after the day of the death of the 
submitter of the notice of appeal or opposition, or - in
case of 
a legal person - from the day when it has ceased to exist, none 
of the legal successors has shown any
interest in maintaining the 
respective claim;
6) the dispute which served as the basis for submitting a 
notice of appeal has ended, with the Patent Office
revoking the 
contested decision or recognising it as invalid or lost effect, 
or due to other reasons;
7) the dispute which served as the basis for the submission of 
a notice of opposition has ended, with the owner of
the contested 
registration upon his or her initiative cancelling the contested 
registration (surrendering a registration), or
not maintaining it 
in effect, or due to other reasons;
8) the Board of Appeal has confirmed settlement between the 
parties of a matter of opposition;
9) the time period for the submission of a notice of appeal 
has been exceeded, and the Board of Appeal has not
renewed it, or 
it has been determined in an industrial property law or 
regulation as non-renewable;
10) the time period for the submission of a notice of 
opposition has been exceeded.
Section 109. Decision to Terminate 
Proceedings and its Consequences
(1) The Board of Appeal shall take a motivated decision to 
terminate the proceedings in the form of a separate
procedural 
document.
(2) The decision to terminate the proceedings shall be taken 
and it shall enter into effect in accordance with the
procedures 
laid down in Section 97 of this Law.
(3) If the proceedings are terminated, repeated applying to 
the Board of Appeal with a notice of appeal or notice of
opposition regarding the same subject and on the same basis shall 
not be permitted.
Chapter 
XVI
Procedure in Case of Contesting International Registration
Section 110. Additional Obligation 
of the Board of Appeal if a Notice of Opposition to International
Registration has Deficiencies that Preclude the Initiation of a 
Matter
If a notice of opposition, which has been submitted to the 
entering into effect of an international registration of a
trade 
mark or design in Latvia, is left without advancement, is not 
accepted or is recognised as not submitted, the
Board of Appeal, 
upon notifying the respective decision to the submitter of the 
notice of opposition and determining
the time period for the 
elimination of the deficiencies of the notice of opposition in 
accordance with Section 65,
Paragraph two of this Law, or upon 
notifying the time period and procedures for contesting the 
decision in accordance
with Section 97, Paragraph one of this 
Law, shall concurrently inform the submitter of the notice of 
opposition on the
final time period, by which in accordance with 
the provisions of an industrial property law or regulation the 
refusal of
the protection of the respective international 
registration (provisional refusal) shall be notified to the 
International
Bureau of the World Intellectual Property 
Organisation.
Section 111. Advancement of a Matter 
of Opposition to International Registration
(1) If a matter of opposition has been initiated in relation 
to a notice of opposition to the entering into effect of the
international registration of a trade mark or design in Latvia, 
the Board of Appeal shall, without delay, inform the
Patent 
Office thereof.
(2) The Patent Office shall include the information laid down 
in the industrial property laws and regulations on the
notice of 
opposition in its decision on the refusal of the protection of 
international registration.
Section 112. Refusal of the 
Protection of International Registration
(1) A decision of the Patent Office on the refusal of the 
protection of international registration of a trade mark or
design (provisional refusal) in accordance with the provisions of 
the industrial property laws and regulations regarding
international registration may be based on:
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421) the grounds for the refusal put forward by the Patent 
Office as a result of the examination of international
registration (expert-examination);
2) a notice of opposition to entering into effect of an 
international registration in Latvia.
(2) In the decision on the refusal of the protection of an 
international registration the Patent Office, in accordance
with 
the provisions of the industrial property laws and regulations 
regarding international registration, shall indicate all
legal 
bases for the refusal, as well as the time period and procedures 
by which a notice of appeal against this decision
or a notice of 
appeal - a response to a notice of opposition - may be 
submitted.
3) The Patent Office shall notify its decision on the refusal 
of the protection of an international registration in
accordance 
with the procedures laid down in the industrial property laws and 
regulations to the International Bureau of
the World Intellectual 
Property Organisation, and if the decision is based on a notice 
of opposition, also to its
submitter.
Section 113. Submission and 
Advancement of a Notice of Appeal Against the Refusal of the 
Protection of
International Registration
(1) A notice of appeal against a decision of the Patent Office 
on the refusal of the protection of international
registration of 
a trade mark or design shall be submitted within the time period 
and in accordance with the procedures
laid down in Section 58, 
Paragraph one of this Law, by motivating it according to the 
grounds for the refusal indicated
in the decision.
(2) If a decision of the Patent Office on the refusal of the 
protection of international registration is justified (solely
or 
inter alia) with the grounds for refusal put forward as a result 
of an examination (expert-examination) of the Patent
Office, and 
a notice of appeal or the notice of appeal - a response to a 
notice of opposition has been submitted
regarding it, the 
advancement of the matter of appeal, after the initiation 
thereof, shall conform to Section 66 of this
Law.
(3) If a decision of the Patent Office on the refusal of the 
protection of an international registration is justified solely
with a notice of opposition to entering into effect of 
international registration in Latvia, the notice of appeal 
against
such decision shall be considered as a response to a 
notice of opposition (a notice of appeal - a response to a notice
of opposition), and, upon submitting it, no fee for submitting 
the notice of appeal shall be paid.
Section 114. Examination of Matters 
of Appeal or Opposition in Relation to the Contesting of 
International
Registration
(1) A notice of appeal or the notice of appeal - a response to 
a notice of opposition, and a notice of opposition or
notices of 
opposition which have been submitted regarding the same 
international registration, shall be examined by
the Board of 
Appeal in a joined proceeding, if there are no good reasons to do 
otherwise.
(2) In the examination of a matter the Board of Appeal shall 
apply the procedure specified for matters of
opposition, insofar 
as the matter to be examined concerns a notice of opposition and 
a response to a notice of
opposition.
(3) In the examination of a matter the Board of Appeal shall 
apply the procedure specified for matters of appeal,
insofar as 
the matter to be examined concerns a notice of appeal against a 
decision that has been justified with the
grounds for refusal put 
forward by the Patent Office.
Section 115. Specificity of 
Notification and Entering into Effect of a Decision of the Board 
of Appeal in Case
of Contesting of International Registration
(1) The decision by which a dispute has been resolved in a 
matter related to contesting of international registration,
shall 
be notified by the Board of Appeal to the owner of the contested 
registration, even if he or she has not entered
the matter, and 
the matter has been examined in his or her absence.
(2) The decision of the Board of Appeal by which a dispute has 
been resolved in a matter related to contesting of
international 
registration, shall enter into effect in conformity with the 
provisions of Section 99 of this Law. The Patent
Office shall, in 
accordance with the prescribed procedures, notify the 
International Bureau of the World Intellectual
Property 
Organisation of the entering into effect of a decision of the 
Board of Appeal or a court ruling.
Division 
C
Representation of Persons in Matters of Industrial Property
Chapter 
XVII
General Provisions of Representation and Authorisation
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42Section 116. Representation of 
Persons in the Patent Office and in the Board of Appeal
(1) A legal person whose legal address is in Latvia or who 
owns an enterprise in Latvia may be represented in the
Patent 
Office and in the Board of Appeal by its officials who act within 
the framework of authorisation granted by the
law, articles of 
association, or by-laws, or other representatives authorised by 
the legal person.
(2) A natural person whose declared place of residence is in 
Latvia or who owns an enterprise in Latvia may be
represented in 
the Patent Office and in the Board of Appeal by himself or 
herself or may be represented through an
authorised 
representative.
(3) The following persons are entitled to participate in the 
procedures in the Patent Office and the Board of Appeal
only 
through a professional patent attorney:
1) a natural person whose declared place of residence is not 
in Latvia and who does not own an enterprise in
Latvia;
2) a legal person whose legal address is in a foreign country 
and who does not own an enterprise in Latvia.
Section 117. Authorisation of 
Representation
(1) If an applicant, owner or other person interested submits 
an application, settles the registration procedure or
performs 
other activities in the Patent Office or the Board of Appeal 
through a representative, the application or other
document shall 
be accompanied by a written power of attorney, confirming the 
rights of the representative to perform
the respective 
activities.
(2) The provisions of Paragraph one of this Section shall not 
apply to representatives - professional patent
attorneys, as well 
as to natural persons (officials, board members, employees) whose 
authorisation for representation
of the legal person results from 
a law or regulation, the articles of association of the legal 
person or any other grounds.
Officials, members of the board of 
directors, employees whose authorisation for the representation 
of the legal person
results from a law or regulation, the 
articles of association of the legal person or any other grounds, 
shall indicate the
respective norm, articles of association or 
other document to the Patent Office or the Board of Appeal. A 
true copy of
a document certified in accordance with the 
procedures laid down in laws and regulations shall be submitted 
when it is
not possible to verify the representation rights of 
the abovementioned person in a generally-accessible database or
website.
(3) A special, clearly expressed authorisation to a 
representative, except a professional patent attorney, is
necessary in the following cases:
1) to completely or partially withdraw an application or 
surrender a registration;
2) to completely or partially transfer the ownership rights of 
application or registration to another person;
3) to conclude a license agreement, granting another person 
the rights to exercise the principal's rights to industrial
property;
4) in order to submit a notice of opposition to the 
registration of another person, a notice of counteropposition, to
fully or partially withdraw a notice of opposition, to fully or 
partially recognise an opposition claim or to conclude
settlement 
in a matter of opposition;
5) in order to issue an authorisation to another person 
(substitution).
(4) If a power of attorney loses effect or the rights of 
representation of a representative are otherwise terminated,
the 
represented person or the representative shall, without delay, 
inform the Patent Office or respectively the Board of
Appeal 
thereof in writing.
(5) The representative has an obligation to inform, without 
delay, the Patent Office or respectively the Board of
Appeal in 
all cases when the address of the representative (correspondence 
address) or other necessary information
for communication with 
the representative changes.
Section 118. Submission of a Power 
of Attorney
(1) The power of attorney shall be submitted concurrently with 
an application or another document by which the
representative 
commences activities in the Patent Office or the Board of Appeal 
on behalf of the principal, or in
another time period laid down 
in an industrial property law or regulation. If the Patent Office 
or the Board of Appeal
establishes that the representative 
indicated in the document has not been authorised for the 
respective activity, the
submitter shall be notified thereof in 
writing, by determining a time period for the submission of a 
power of attorney,
which shall not be less than two months, and 
the application or other document shall be left without 
advancement until
receipt of the power of attorney.
(2) If the necessary power of attorney is not submitted within 
the specified time period, the activities performed by
the 
representative, except for the submission of the initial 
documents of the application, shall not have legal effect. 
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42(3) A representative shall submit to the Patent Office or 
respectively to the Board of Appeal the original copy of the
power of attorney, its certified true copy or a copy. Notarial 
certification of the original copy of the power of attorney is
not required.
(4) Any power of attorney relating to more than one 
application, registration or other type of submission, as well as
a general authorisation by which the principal has appointed a 
representative for the performance of all activities or a
specific type of activities in the Patent Office or the Board of 
Appeal in respect of all of its current and future
applications 
or registrations, or in respect of certain applications or 
registrations, shall be included by the Patent
Office in the list 
of power of attorneys, assigning it the number of a power of 
attorney to which the representative shall
refer in all 
subsequent procedures.
(5) If the Patent Office or the Board of Appeal has reasonable 
doubt as to the scope of authorisation or other
circumstances 
related to the representation, it is entitled, by stating the 
justification, to request appropriate evidence.
Chapter 
XVIII
Professional Patent Attorneys
Section 119. Professional Patent 
Attorney
(1) A professional patent attorney is a person who, in 
accordance with the procedures laid down in this Law, has
been 
included in the Patent Office List of Professional Patent 
Attorneys and provides services in the field of
protection of 
industrial property.
(2) Only persons to whom Paragraph one of this Section applies 
may offer his or her services as services of
professional patent 
attorneys.
(3) A professional patent attorney may be specialised in one 
or several of the following fields:
1) the field of patents;
2) the field of trade marks;
3) the field of designs.
(4) A professional patent attorney who specialises in the 
field of patents, shall also specialise in work with
supplementary protection certificates for medicinal products and 
plant protection products and for work with the
topographies of 
semiconductor products, while a professional patent attorney who 
specialises in the field of trade
marks - work with indications 
of geographical origin.
Section 120. Professional 
Organisation of Professional Patent Attorneys
(1) Functions of the professional organisation of Latvian 
professional patent attorneys shall be implemented by the
society 
"Association of Patent Attorneys of Latvia" (hereinafter - the 
Association of Patent Attorneys).
(2) The Association of Patent Attorneys according to the 
principle of profession, unites natural persons to take
care of 
prestige of their profession, to promote qualification, 
professional development, acquisition of experience,
conformity 
with professional standards and ethical standards of professional 
patent attorneys, and to carry out the
tasks laid down in this 
Law and other laws and regulations, as well as in its own 
articles of association.
(3) The Association of Patent Attorneys shall perform the 
following tasks in accordance with the procedures
specified by 
law:
1) delegate their representatives to the commission for the 
qualification examination of professional patent
attorneys;
2) develop rules of professional ethics binding to 
professional patent attorneys, and assess conformity 
therewith;
3) ensure initiation of a disciplinary matter against a 
professional patent attorney and its examination, as well as
taking of a decision to impose a disciplinary sanction;
4) organise activities for raising of qualification of 
professional patent attorneys;
5) represent the interests of professional patent attorneys in 
relationship with State and local government
institutions, other 
institutions, and officials;
6) express a point of view of professional patent attorneys 
and provide opinions on the issues related to the
industrial 
property laws and regulations and professional patent attorney 
practice;
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427) supervise the settlement of matters which are in the 
record-keeping of the deceased professional patent
attorneys in 
accordance with the procedures laid down in the articles of 
association of the Association of Patent
Attorneys;
8) perform other tasks laid down in this Law and other laws 
and regulations, as well as in its articles of association.
(4) The Association of Patent Attorneys in the performance of 
the tasks laid down in this Law, has the right to
request and 
receive from a professional patent attorney the necessary 
information and relevant documents.
Section 121. List of Professional 
Patent Attorneys
(1) The Patent Office shall arrange the List of Professional 
Patent Attorneys.
(2) The List of Professional Patent Attorneys shall include 
data on natural persons, if the respective person
complies with 
the following requirements:
1) he or she is a citizen of Latvia or another European Union 
Member State;
2) he or she is fluent in the official language and has 
knowledge of at least two foreign languages that is sufficient
for professional co-operation with Latvian and foreign persons 
and institutions;
3) he or she has academic or second-level higher vocational 
education (diplomas issued by foreign institutions of
higher 
education in the respective specialities must be recognised in 
Latvia);
4) he or she has at least four-year work experience in the 
field of protection of industrial property in which
respective 
work in international, regional or national industrial property 
institutions shall be included. Work in the field
of protection 
of industrial property must be systematic, and it shall not 
include long-term leaves and activity breaks;
5) he or she has passed the qualification examination of 
professional patent attorneys;
6) he or she has entered into a patent attorney professional 
civil insurance agreement in accordance with the
provisions of 
Section 130, Paragraphs two and three of this Law;
7) he or she indicates the address of place of practice in 
Latvia for correspondence with the Patent Office and
clients.
(3) A professional patent attorney shall, without delay, 
notify in writing the Patent Office of the deficiencies
identified, and any amendments to information included in the 
List of Professional Patent Attorneys regarding him or
her, inter 
alia of the change of his or her address or correspondence 
address.
(4) The List of Professional Patent Attorneys shall be 
available to any person interested. The List of Professional
Patent Attorneys, as well as any amendments thereto shall be 
published by the Patent Office on its website.
Section 122. Additional Requirements 
in Specialisations of Professional Patent Attorneys
(1) At least one of the foreign languages referred to in 
Section 121, Paragraph two, Clause 2 of this Law must be
the 
official working language of the European Patent Office, if the 
person is applying to become a professional patent
attorney 
specialising in the field of patents, or the official working 
language of the Office for Harmonisation in the
Internal Market 
(Trade Marks and Designs ), if the person is applying to become a 
professional patent attorney
specialising in the field of trade 
marks or designs.
(2) The education referred to in Section 121, Paragraph two, 
Clause 3 of this Law of a person who is applying to
become a 
professional patent attorney specialising in the field of patents 
shall be in the field of engineering or natural
sciences.
(3) A person who has acquired education in fields other than 
those referred to in Paragraph two of this Section, is
entitled 
to become a professional patent attorney in the field of patents, 
provided that in addition to the academic or
second-level higher 
vocational education in another sector he or she has acquired 
first-level higher vocational
education in the field of 
engineering or natural sciences, or other comparable professional 
qualification.
(4) The work experience referred to in Section 121, Paragraph 
two, Clause 4 of this Law of a person who is
applying to become a 
professional patent attorney in the field of patents must be 
acquired in practical work related to
invention patent 
applications (their compilation, correction, examination), patent 
searches, study or consultations on
issues of patent protection 
or in other comparable professional activities.
Section 123. Qualification 
Examination of Professional Patent Attorneys
(1) Examination of knowledge of professional patent attorney 
applicants shall be carried out by the commission for
the 
qualification examination of professional patent attorneys, and 
it shall include representatives of the Patent Office
and the 
Association of Patent Attorneys.
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42(2) The qualification examination of professional patent 
attorneys may be taken by persons who comply with the
requirements of Section 121, Paragraph two, Clauses 1, 2, 3, and 
4 and Section 122 of this Law, and have paid the
fee for taking 
the qualification examination of professional patent 
attorneys.
Section 124. Content, Maintenance of 
the List of Professional Patent Attorneys and the Procedures for 
the
Qualification Examination of Professional Patent 
Attorneys
The Cabinet shall issue regulations which lay down the content 
and the procedures for maintaining of the List of
Professional 
Patent Attorneys, the procedures for the qualification 
examination of professional patent attorneys; the
procedures by 
which the professional qualification and professional activity of 
an applicant shall be considered
equivalent to the requirements 
of Section 122, Paragraphs three and four of this Law; the 
procedures by which an
applicant shall certify the facts referred 
to in Section 121, Paragraph two, Clauses 1, 2, 3, and 4 of this 
Law; the
procedures by which the qualification of a patent 
attorney of a European Union Member State shall be evaluated for
his or her inclusion in the List of Professional Patent 
Attorneys; the fee for taking the qualification examination of
professional patent attorneys, and fee for making amendments to 
the List of Professional Patent Attorneys, as well as
the 
procedures for payment.
Section 125. Rights and Obligations 
of Professional Patent Attorneys
(1) A professional patent attorney, within the framework of 
his or her professional competence and in the
procedures laid 
down in laws and regulations, is entitled:
1) to provide services in the field of industrial property in 
the area of specialisation, according to which he or she
has been 
included in the List of Professional Patent Attorneys;
2) to represent persons and to provide them assistance related 
to the protection of industrial property, if they have
applied to 
the Patent Office or the Board of Appeal, other State and local 
government institutions, courts, or co-
operate with other private 
persons;
3) to collect evidence, including to request the necessary 
documents from State and local government institutions
and 
private persons;
4) to become acquainted with the rulings of State and local 
government institutions and courts, laws and
regulations, 
administrative acts, and other information necessary for the 
provision of assistance, as well as to receive
true copies of 
these documents;
5) on behalf of the persons to be represented to settle 
payments related to the protection of industrial property
provided for in the industrial property laws and regulations at 
the Patent Office and the Board of Appeal, in the court
and in 
international organisations;
6) to carry out translation of documents related to the 
protection of industrial property and, in accordance with the
procedures laid down in laws and regulations, certify such 
translations, true copies, and extracts of documents that
must be 
submitted to the Patent Office, the Board of Appeal, courts, 
international organisations, or other persons;
7) to provide other services that conform to his or her 
professional qualification;
8) in providing services and representing persons, to freely 
choose the legal means and methods.
(2) A professional patent attorney, in providing services and 
representing persons, has an obligation to:
1) choose legal means and methods that will best ensure 
protection of the rights and legal interests of clients;
2) exercise the rights and fulfil the responsibilities, 
maintaining professional honour and dignity;
3) provide information to clients regarding all the activities 
carried out on their behalf and their results;
4) after termination of a matter, expiration of authorisation 
or upon a request of the client to transfer to the client or
- 
upon a request of the client - to another person, documents, 
evidence held by the professional patent attorney for
conducting 
the matter, as well as payments received from the client in 
relation to protection of industrial property and
not yet paid to 
the Patent Office, the Board of Appeal, court or international 
organisations;
5) comply with the rules of professional ethics adopted by the 
Association of Patent Attorneys.
(3) A professional patent attorney throughout his or her 
professional activity shall continuously improve his or her
professional knowledge and skills.
(4) A professional patent attorney is not entitled to obtain 
for himself or herself (also indirectly) or for any third
person 
the right, which insofar as it is known to him or her, belongs to 
the person whom he or she is representing or to
whom he or she is 
providing services.
(5) Notwithstanding the provisions of Section 117, Paragraphs 
two and three of this Law, a professional patent
37
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42attorney has an 
obligation to submit the authorisation for the representation of 
his or her client, if the Patent Office or
the Board of Appeal 
has reasonable doubts as to the scope of authorisation or other 
circumstances related to the
representation. In such case the 
Patent Office or the Board of Appeal may request the evidence 
provided for in
Section 118, Paragraph five of this Law also from 
a professional patent attorney.
Section 126. Avoiding Conflict of 
Interest
(1) A professional patent attorney shall not provide services 
to a person or represent a person who is involved in a
dispute 
(in a procedure of opposition in the Board of Appeal, in court or 
otherwise) with any other person to whom he
or she provides 
services or represents in the same dispute.
(2) If in the circumstances provided for in Paragraph one of 
this Section a professional patent attorney receives a
task to 
provide services or represent a person, he or she has an 
obligation to inform, without delay, the person
regarding the 
respective circumstances and take appropriate action to avoid any 
potential conflict of interest.
Section 127. Refusal to Provide 
Services and Giving Notice Regarding Authorisation
A professional patent attorney, in conformity with the 
conditions of Section 2315 of The Civil Law, may refuse to
provide services and give notice regarding authorisation, if a 
client:
1) requires performance of such activities, in carrying out of 
which the professional patent attorney would have to
violate laws 
and regulations or rules of professional ethics;
2) delays payments for the services provided by the 
professional patent attorney;
3) requires services performance of which does not conform to 
the professional competence of the professional
patent 
attorney;
4) affects the honour and dignity of a professional patent 
attorney.
Section 128. Independence, 
Professional Secrecy and Performance Guarantees of a Professional 
Patent
Attorney
(1) In his or her professional activity a professional patent 
attorney shall be independent and subjected only to laws
and 
regulations.
(2) A professional patent attorney may not disclose secrets of 
a client, also commercial secrets. This requirement
must be 
conformed to not only during the period of conducting a matter, 
but also after its completion and termination
of the 
authorisation, as well as after termination of the professional 
activity of the professional patent attorney. The
professional 
patent attorney shall ensure that these requirements are also 
complied with by the employees working
under his or her 
management who, in carrying out their work tasks, have become 
aware of the secrets of a client of
the professional patent 
attorney.
(3) Only a client or a legal successor of the client may 
exempt, in writing, the professional patent attorney from the
obligations referred to in Paragraph two of this Section.
(4) The Patent Office, the Board of Appeal, other State and 
local government institutions, courts, prosecutors, and
pre-trial 
investigation authorities shall guarantee independence of the 
professional activity of professional patent
attorneys, in 
conformity with the prohibition:
1) to intervene with the professional activity of a 
professional patent attorney, influence or affect him or her,
request information and explanations from him or her, as well as 
to interrogate him or her as a witness on the
circumstances which 
have become known to him or her in providing services of a 
professional patent attorney to his
or her clients;
2) to control correspondence and documents of a professional 
patent attorney which he or she has received or
compiled in 
providing services of a professional patent attorney, carry out 
their inspection and removal, as well as to
carry out a search to 
find and remove such correspondence and documents;
3) to control, also by using the procedural means referred to 
in Clause 2 of this Paragraph, the information
systems and means 
of communication, including electronic, used for the provision of 
services of a professional patent
attorney, to obtain information 
from them and intervene in their work;
4) to request information from clients on the content of the 
services provided by the professional patent attorney;
5) to subject a professional patent attorney to any sanctions 
or threats in connection with the provision of services
of a 
professional patent attorney to clients in accordance with laws 
and regulations.
(5) The restrictions referred to in Paragraph four of this 
Section shall also protect the employees working under
management 
of a professional patent attorney insofar as their obligations 
and activities are directly related to the
services provided by 
the professional patent attorney.
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42(6) The services of a professional patent attorney shall not 
constitute unlawful acts in the interests of a client, as
well as 
activity for the promotion of an unlawful offence of a 
client.
(7) The obligation to maintain professional secrecy shall not 
apply to a compensation received by a professional
patent 
attorney for his or her services.
Section 129. Economic Activity of 
Professional Patent Attorneys
(1) A professional patent attorney upon carrying out his or 
her economic activity, shall provide information
regarding it and 
offer his or her services so as not to mislead on the nature and 
substance of activities and services of
the professional patent 
attorney. These requirements shall also apply to the selection of 
a firm name of the merchant,
if a professional patent attorney 
conducts commercial activity.
(2) A professional patent attorney shall agree with the client 
on provision of services, undertaking of
representation, and the 
amount of compensation.
(3) A professional patent attorney shall conduct all the 
matters of his or her clients and the record keeping at his or
her place of practice.
Section 130. Civil Liability of 
Professional Patent Attorneys
(1) A professional patent attorney shall be responsible for 
the violation of the rights, harm and damage that has
been caused 
due to his or her fault to a person whom he or she represents or 
to whom he or she has provided a
service, as well as in cases 
when violation of the rights, harm or damage has been caused due 
to the fault of an
employee working under management of the 
professional patent attorney who has carried out the assigned 
work
obligations.
(2) A professional patent attorney or a merchant who employs 
him or her, shall insure civil liability of the
professional 
patent attorney (risk of possible loss as a result of 
professional activity) before the professional patent
attorney 
commences his or her professional activity in this field, and 
shall maintain the insurance agreement
constantly throughout the 
time of his or her professional activity.
(3) The minimum amount of insurance of civil liability of a 
professional patent attorney in case of an individual
insurance 
agreement shall be 100 minimum monthly wages specified in Latvia 
in the respective period. If the
insurance agreement is entered 
into by a merchant who employs two or more professional patent 
attorneys (group
insurance agreement), the minimum amount of 
insurance shall be 200 minimum monthly wages specified in Latvia 
in
the respective period.
(4) In case of setting in of the circumstances referred to in 
Paragraph one of this Section, the liability of the
professional 
patent attorney shall be limited to the amount of insurance of 
civil liability, determined in the insurance
agreement, and it 
shall not be less than that laid down in Paragraph three of this 
Section.
Section 131. Ethics of Professional 
Patent Attorneys
(1) The Association of Patent Attorneys shall develop rules of 
professional ethics binding to all professional patent
attorneys.
(2) The Association of Patent Attorneys shall assess the 
conformity with the rules of professional ethics in the
activity 
of professional patent attorneys in the following cases:
1) upon a proposal of the Director of the Patent Office;
2) due to a complaint received;
3) upon its own initiative.
(3) The Association of Patent Attorneys shall communicate its 
assessment to the submitter of the complaint and it
may initiate 
a disciplinary matter against the professional patent 
attorney.
Section 132. Disciplinary Matters of 
Professional Patent Attorneys
(1) The Association of Patent Attorneys may initiate a 
disciplinary matter against a professional patent attorney
upon 
its own initiative or upon a proposal of the Director of the 
Patent Office, if the following has been violated:
1) laws and regulations;
2) articles of association of the Association of Patent 
Attorneys;
3) rules of professional ethics.
(2) Disciplinary matters of professional patent attorneys 
shall be examined by the commission of disciplinary 
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42matters, 
which is set up for the adjudication of the particular 
violation.
(3) Disciplinary matters of professional patent attorneys 
shall be examined, disciplinary violations shall be
established 
and disciplinary sanctions shall be applied in accordance with 
the procedures laid down in the articles of
association of the 
Association of Patent Attorneys.
(4) After examination of a disciplinary matter the commission 
of disciplinary matters shall take a decision to
terminate the 
disciplinary matter or to impose a disciplinary sanction on the 
professional patent attorney.
Section 133. Disciplinary 
Sanctions
(1) The commission of disciplinary matters is entitled to 
impose the following disciplinary sanctions:
1) issue a reproof;
2) issue a reprimand;
3) exclude from the List of Professional Patent Attorneys.
(2) Based on the decision referred to in Paragraph one, Clause 
3 of this Section, a person shall be excluded from
the List of 
Professional Patent Attorneys by the Director of the Patent 
Office.
(3) A disciplinary sanction - exclusion from the List of 
Professional Patent Attorneys - may be imposed:
1) for intentional violation of laws and regulations or for 
gross violation of the rules of professional ethics, if a
significant harm has been caused to the rights or interests of a 
client or to dignity or honour of the patent attorney;
2) if the disciplinary sanction is imposed repeatedly.
Section 134. Suspension of the 
Professional Activity and Suspension from the Fulfilment of the
Obligations of a Professional Patent Attorney
(1) The Director of the Patent Office is entitled, with a 
respective order, to suspend the professional activity of a
professional patent attorney for a time period while the patent 
attorney fulfils the obligations of a public official, is
elected 
to a State or local government institution, political party, 
alliance of political parties, or in any other situation
where a 
conflict of interest is possible, or upon request of the 
professional patent attorney during a training period,
long-term 
disease, and in other cases.
(2) The Director of the Patent Office is entitled to suspend a 
professional patent attorney from the fulfilment of the
obligation for the duration of the examination of a disciplinary 
matter, if during this period of time the fulfilment of the
obligations of the patent attorney may harm the interests of 
clients or dignity and honour of the professional patent
attorney.
(3) After receipt of the written information of the person 
directing the proceedings, the Director of the Patent Office
may, 
for the duration of pre-trial criminal proceedings and 
proceedings in a criminal case, suspend from the fulfilment
of 
obligations such professional patent attorney who is suspected or 
accused of committing an intentional criminal
offence or to whom 
prohibition from a specific employment has been applied as a 
security measure in accordance
with the procedures laid down in 
the Criminal Procedure Law.
Section 135. Exclusion from the List 
of Professional Patent Attorneys
(1) A professional patent attorney with an order of the 
Director of the Patent Office shall be excluded from the List
of 
Professional Patent Attorneys:
1) if he or she has submitted a respective written 
request;
2) if he or she no longer is a citizen of Latvia or another 
European Union Member State;
3) if the court has established trusteeship over him or 
her;
4) if his or her address of correspondence no longer conforms 
to the requirements of Section 121, Paragraph two,
Clause 7 of 
this Law;
5) if with a court judgement he or she has been deprived of 
the rights to act as a professional patent attorney or
other 
restrictions have been determined that prevent execution of 
professional obligations;
6) according to a decision of the commission of disciplinary 
matters;
7) if he or she has falsely stated the information referred to 
in Section 121, Paragraph two, Clause 1, 2, 3, 4 or 6 or
in 
Section 122 of this Law;
8) if he or she is dead or declared missing. 
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42(2) A person who has been excluded from the List of 
Professional Patent Attorneys in accordance with the
provisions 
of Paragraph one, Clause 1, 2, 3 or 4 of this Section, may 
request to renew him or her in the List, if the
reasons why the 
person was excluded have been eliminated. Such person must take 
the qualification examination of
professional patent attorneys, 
if interruption in his or her professional activity has been four 
years or more.
(3) A person who has been excluded from the List of 
Professional Patent Attorneys in accordance with the
provisions 
of Paragraph one, Clause 5, 6, or 7 of this Section, may request 
to renew him or her in the List not earlier
than four years after 
day of exclusion, if the reasons why the person has been excluded 
have been eliminated, and if
his or her non-compliance with the 
requirements of Section 121, Paragraph two, Clause 1, 2, 3, 4 or 
6 or Section 122
of this Law has been eliminated (if necessary), 
as well as the qualification examination of professional patent
attorneys has been passed. If the person has been repeatedly 
excluded from the List of Professional Patent Attorneys
due to 
the abovementioned reasons, he or she shall not be renewed in the 
List of Professional Patent Attorneys.
Section 136. Activity of 
Professional Patent Attorneys of the European Union Member States 
in Latvia
(1) If a patent attorney of a European Union Member State 
submits a respective request and documents
confirming his or her 
rights to act as a professional patent attorney in another 
European Union Member State in
accordance with the laws and 
regulations of this State, the Director of the Patent Office 
shall include this person in a
separate section of the List of 
Professional Patent Attorneys, granting him or her the rights to 
temporary professional
activity in Latvia. The rights to 
temporary professional activity in Latvia shall be granted for 
the time period of six
months, provided that the person 
undertakes to ensure professional co-operation with the Patent 
Office, the Board of
Appeal, courts, and other institutions in 
the official language and indicates an address for correspondence 
in Latvia.
(2) The Director of the Patent Office may extend the rights of 
a professional patent attorney of a European Union
Member State 
for temporary professional activity in Latvia every time for six 
months, if the person submits a
respective request and documents 
confirming that he or she is carrying out professional activity 
in the field of
protection of industrial property in Latvia. The 
Patent Office shall take a decision in this issue by hearing the 
point of
view of the commission of qualification examination of 
professional patent attorneys. This commission is entitled to
request oral or written explanations from the patent attorney 
regarding his or her activity for the preparation of its
opinion.
(3) If the commission of qualification examination of 
professional patent attorneys recognises that a patent
attorney 
of a European Union Member State has sufficient skills of the 
official language and knowledge of the Latvian
laws and 
regulations needed for professional activity and that his or her 
professional qualification conforms for
permanent activity in 
Latvia in the respective specialisation (Section 124), the patent 
attorney shall be included in the
List of Professional Patent 
Attorneys and shall have the same rights and obligations as a 
Latvian professional patent
attorney.
Transitional 
Provisions
1. If a particular activity in the registration or 
post-registration procedure in the Patent Office has been 
commenced
before coming into force of this Law, the provisions 
that were in force on the day when this activity was initiated 
shall
be applied.
2. The composition of the Board of Appeal of the Patent Office 
which has been approved in accordance with the
provisions which 
were in force prior to the coming into force of this Law, shall 
continue to fulfil its obligations until the
day when according 
to the order of the Cabinet the Industrial Property Board of 
Appeal commences its work.
3. Notices of appeal and opposition submitted before the day 
when according to the order of the Cabinet the
Industrial 
Property Board of Appeal commences its work shall be examined, by 
applying the norms of the Patent Law,
the law On Trade Marks and 
Indications of Geographical Origin, the Law On Designs, and the 
Law on the Protection of
the Topographies of Semiconductor 
Products, which were in force until 31 December 2015. Upon a 
request of the
parties the Industrial Property Board of Appeal 
may examine a notice of appeal or notice of opposition submitted
before commencing its work in accordance with the procedures laid 
down in this Law.
4. The fee for submitting a notice of appeal or notice of 
opposition which has been submitted after 1 January 2016
shall be 
paid according to the price list of the paid services of the 
Board of Appeal.
5. A participant in a matter of appeal or opposition shall 
apply to the court against a decision of the Board of
Appeal of 
the Patent Office which has been taken after 1 January 2016 in 
accordance with the procedures laid down in
this Law and the 
Civil Procedure Law.
6. Persons whose data have been included in the Register of 
Professional Patent Attorneys of the Patent Office
before coming 
into force of this Law and who have not been excluded from this 
Register, shall be included in the List
of Professional Patent 
Attorneys under the same specialisation, if they submit a 
respective written request and
documents proving that the person 
complies with the provisions of Section 121, Paragraph two, 
Clauses 1, 6, and 7 of
this Law to the Director of the Patent 
Office within six months after coming into force of this Law.
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42© Oficiālais izdevējs "Latvijas Vēstnesis"
This Law shall come into force on 1 January 2016.
This Law was adopted by the 
Saeima
 on 18 June 2015.
President A. Bērziņš
Riga, 2 July 2015
 
1
 The Parliament of the Republic of 
Latvia
Translation © 2017 Valsts valodas centrs (State 
Language Centre)
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