The Saeima has adopted and the President promulgated the following laws: law on industrial designs chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) — product design or part of the external appearance deriving from the product or its decoration (ornaments), especially out of line, shape, color, shape, texture, or the nature of the materials used;
2) product: any industrial or craft is also part thereof intended for connection in a complex product, packaging, decoration, graphic symbols and typographic typefaces. Computer programs, as well as the topographies of semiconductor products of this law are not;
3) complex products — products that have more ingredients (components) that can be changed, thereby disrupting the articles and linking;
4) Designer — author of the design, the natural person whose creative work is the result of a design. The designer does not consider the person who provided the technical or other assistance to the establishment of the design, but not given the creative nature of the investment;
5) — the Paris Convention in 1883. March 20, the Paris Convention for the protection of industrial property (14 July 1967 in Stockholm adopted version, with 28, 1979 as amended in September);
6) Paris: Paris Union Convention in the Member States of the Union;
7) designs international registrations (international registration), the registration of the design, made in accordance with the 6 November 1925 the Hague Agreement concerning the international registration of industrial designs the 1999 Geneva Act of July 2, or other binding on Latvia in the international treaty on the international registration of industrial designs;
8) — the International Bureau of the world intellectual property organisation, the International Bureau, which carried out the international registration of industrial designs and organizes the international designs registry;
9) international classification of Designs (the Locarno classification): a classification established by 8 October 1968 in Locarno Agreement establishing the international classification for industrial designs.
2. article. The purpose of the law law regulates legal relations design recording, use and protection.
3. article. The regulation of the legal relationship in the field of design (1) in addition to the legal protection of the provisions of this Act, whether or not they can be protected as a design design work under the copyright law. Legal relations in the field of industrial designs is governed by other legislation.
(2) of the Act contains rules regarding the design also includes the international registration of industrial designs, the rights related to internationally registered designs, their validity, use, and protection, as far as the international design registration rules provide otherwise.
(3) a Person is eligible to register, use and protect the design in another country of the European Community, in accordance with the national laws and international treaties approved by it.
(4) If Latvia binding international agreements provisions different from the provisions of this law, applicable international treaty provisions.
Chapter II legal protection of Design conditions for article 4. Conservation design (1) design (such as that implemented in the product or included in the package) is granted legal protection if it is new and has individual character.
(2) design, implement or included in the product package, regarded as new and having individual character only if it meets the following conditions: 1) included in the product package components (component), the complex is visible in normal use of the products, i.e. When you use real user (consumer). Product maintenance and repair is not considered normal use of the product;
2) component (component) visible characteristics meet the novelty and individual character.
5. article. New design (1) the design is new (novelty), if before the date of submission of the application (filing date) or priority date (if the requested priority) (hereinafter priority date) not been disclosed to the public no identical design.
(2) the Design shall be deemed to be identical even if the minor details differ in their nature.
6. article. The individual character of the design (1) the design has an individual character, if my only criticism is that it leaves on the informed user differs from my only criticism, one such user leaves any design which has been disclosed to the public before the date of the application for registration of a design or the date of priority, which required protection.
(2) in assessing the individual character of the design shall take into account the extent to which the development of the design of the designer was dependent on the nature of the product and any industrial or craft sector.
7. article. Disclosure (1) a design shall be considered disclosed to the public if it published in connection with the registration, play exhibition, used in commercial activities or otherwise become available to the public.
(2) a design shall not be considered disclosed to the public, if the first paragraph of this article, except in connection with the publication of the registration in the normal course of events could not be known by the professionals of the sector concerned, operating within the European Community.
(3) a design shall not be considered disclosed to the public, if it is disclosed to a third party to directly or indirectly expressed in terms of confidentiality.
(4) disclosure to the public of the design are not detrimental to the novelty of the design and individual character if the design disclosed the same designer or his successor in title, or a third party using information directly or indirectly derived from the designer or his successor in title, and if the disclosure is made to a 12-month period before the date of application for registration or the date of priority. This provision applies also to cases where a design known to the public, deliberately disregarding the designer or his successor in title.
8. article. The legal protection of designs (1) the legal protection of a registered design, the volume covers any design (product or part of the external appearance), who inform the user not to leave otherwise my only criticism.
(2) the scope of legal protection of the design values based on a registration and contains the official publication images visible on the peculiarities of the design which, according to this law applies legal protection. If the application for registration of a design specimen is attached, together with images also take into account the characteristics of the sample of the products, in so far as they do not conflict with the images.
(3) in assessing the amount of legal protection of a design shall take into account the extent to which the development of the design of the designer was dependent on the nature of the product and any industrial or craft sector.
(4) the scope of legal protection of a design shall not affect its product name, in which the design is intended to implement or to include, the international classification of industrial designs (the Locarno classification) index, as well as design description (if it is attached to the application for registration of a design).
9. article. Not securable objects (1) legal protection shall be granted to the external product designs which are contrary to public policy or public to accepted principles of morality.
(2) legal protection shall not be granted in the form of external product features that depend only on the technical features of the product.
(3) legal protection shall not be granted for such products on the external nature of the form, which must be rendered in the specified form and size to the product in which the design was incorporated or implemented, would mechanically connect with other products, other product insert, place it around or at it, and Moreover, both articles would be able to carry out its functions.
(4) Designs that provide substitutable products multiple Assembly or connection of the modular system, the protection granted, without regard to the third part of this article, the provisions of such design complies with this law, articles 5 and 6.
Chapter III rights in the designs of article 10. The law on design subjects (1) the right to a design is the designer or his successor in title.
(2) If two or more persons jointly created a design, the right to a design shall belong to all jointly. To two or more persons jointly developed designs to apply the Civil Code provisions on joint ownership of real property. If one of the co-owners of the forfeit their alleged part of a design, the other co-owners shall have a pre-emptive right (or purchase) in accordance with the Civil Code article 1395.
(3) the right to a design created by the statement of work, is a designer, unless the contract with the employer is not otherwise provided for.
11. article. The designer's personal right to designers regardless of who is the applicant for or holder of the design, are inalienable personal right to: 1) authorship, the right to be recognised as the author of the design in question;

2) — the right to be mentioned in the application for design registration and the registration of the design in all relevant documents in the register and in the publication or waive this right and request that his name not be mentioned.
12. article. The registered owner of the design the exclusive right to (1) an exclusive right to a design may be ensured by the Patent Office of the Republic of Latvia (hereinafter Patent Board) do the design registration or registration carried out in accordance with the provisions of the international registration of industrial designs and applies to Latvia. The person in whose name the State Register of industrial designs registered industrial design, shall be deemed to be the owner of the design (the right holders).
(2) the owner of a design has the exclusive right to use the design and to prohibit their use by any other person. On the use of the design in particular considers the manufacture, design or implementation which included, as well as this product offer for sale, import, export, use, otherwise the market distribution and storage for those purposes.
(3) the holder of the design rights to fully enter into force as of the date of the registered designs published in the Patent Office or the Official Gazette of the international registration.
13. article. Exclusive rights limits (1) the exclusive right cannot be attributed to: 1) acts done for private purposes and not for commercial purposes;
2) acts done for experimental purposes;
3) design reproduction (reproduction), carried out for the purpose of making citations or of teaching needs, provided that it meets the good faith commercial practice does not adversely affect the normal exploitation of the design and contain a reference to the source;
4) this law article 14 referred to in the second subparagraph.
(2) the exclusive right cannot be attributed to: 1) the other countries registered ships and aircraft equipment and accessories that are temporarily located on the territory of Latvia;
2) spare parts and accessories in this part of the imports referred to in paragraph 1 to repair the vehicle;
3) this part of the vehicles referred to in paragraph 1 for repairs.
(3) the exclusive right cannot be attributed to the person who uses design if the following conditions are met: 1) product in which the design implemented or incorporated, is a complex part of the product (component);
2) design is dependent on the external appearance of the product package (downstream);
3 use the design) is to provide a complete product repair to restore its original external appearance.
(4) the exclusive rights without prejudice to the operation of the products in which the design is incorporated or implemented that are part of the protected design, the extent of legal protection if the economic movement of those products within the European economic area to include even the owner of the protected design, or another person with his consent.
14. article. Iepriekšlietojum (1) Iepriekšlietojum the right to retain a person who before the application for registration of a design or the date of priority in good faith begun to use the designs in Latvia (part of a product or its external appearance), who falls into the protected design in that the extent of legal protection, but it is not copied from the (imitated), or made such use requires serious and effective preparations.
(2) the law allows Iepriekšlietojum to in the first paragraph to that person to exploit the design for the purposes for which, prior to the date of application for registration of a design or the date of priority was started using it or made serious and effective preparations.
(3) Iepriekšlietojum the right does not include the right to grant to another person of the use of the design.
(4) Iepriekšlietojum the rights to another person may be transferred only together with the business or part of the company's activities, the use of the design was started or made those arrangements.
Chapter IV design registration procedure article 15. Application for registration of a design (1) a Person who wishes to register a design in Latvia, the Patent Office shall be submitted in writing to the registration of a design application (hereinafter application).
(2) the application must include: 1) a request for registration of the design;
2) messages which identify the applicant;
3) image or pictures that provide a clear and complete picture of the characteristics of the design;
4 the name of the product), in which the design is intended to be implemented include;
5) information enabling a designer;
6 details of applicant's representative) and the mandate of the representative, if the application is filed through a representative;
7 the application) document the State duty payment.
(3) the application may include: 1) international classification of industrial designs (the Locarno classification) index, if it is known to the applicant;
2 brief description of design);
3) product sample;
4) request to recognise the priority of and document the design that effect;
5) request to postpone the publication of the design.
(4) an application, including the product name, and the whole design must be submitted to the registration procedure and registry correspondence to Latvian language. Documents in a foreign language may be submitted, accompanied by the certified translation into Latvian language.
(5) entries in the register of the design details that identify the designer, the designer's name may be replaced by designer group name. If the designer waived the right to be mentioned or asked not to be mentioned, the applicant shall file the notice. The veracity of this statement in the response the applicant for design.
(6) the description of the design may explain image (images) of the visible features of the design, taking into account that the description does not affect the legal protection of designs (article 8, fourth paragraph).
(7) the specimen may be submitted only to the flat design.
(8) the signature design of the applicant or his authorized representative. A design is considered as eligible applicant the applicant before a judgment which has the force of res judicata is not recognized otherwise.
(9) a foreign applicant shall submit an application to the list and keep out all further transactions in the Patent Office and the Patent Board of appeal (hereinafter Board of appeal) only with a professional patent attorney (design agent), under the provisions of the Patent Act.
16. article. Complex application (1) Any application may contain a request for registration of several designs (multiple application). All products which implement or incorporate the same application designs embodied in [except where the application contains a design that has decorations (ornaments) character], must relate to the same international classification for industrial designs (Locarno classification) class.
(2) presenting the complex application, the applicant shall indicate the number of the design. For each additional design included in the supplementary fee is payable.
Article 17. The application date On the day of submission of the application (filing date), considered to be the day when the Patent Office received the application, which includes 15 this Act. the second paragraph of article 1, paragraph 2 and 3 components and in which month accompanied by a document certifying the State fees (fee).
18. article. A design priority (1) the Person specified in the order presented by the design application in any Member State of the Paris Union or in any State or country in the Union, with which Latvia has concluded an agreement on the recognition of the right of priority, or the person's successor in title within six months from the date of the first application is a priority right (konvencijprioritāt), submitted by the same design application in Latvia.
(2) in the first subparagraph of this article, determine the priority period of six months shall also apply if the design application shall be submitted on the basis of the application of the same object, presented in accordance with the appropriate provisions on the protection of designs (article 4 of the Paris Convention, the "A" and "E" part).
(3) an application that is filed in the same country as the object that the previous application has been withdrawn, abandoned or refused, without guidance, and are not made public, it does not follow any rights and it has not yet been on the basis of the priority claim is considered to be the first application prioritization. In this case, the previous application may not thereafter be based on priority claim.
(4) an applicant who wishes to use the first application priorities benefits, this application must be submitted simultaneously with the latest application, specifying the date of the first application, the State (regional designs registration authority), in which it is presented, as well as the application number, if known, in later at the time of the application. A copy of the first application, which confirmed the conformity of the original institution which has submitted the application, within three months of the date of application.
(5) the applicant that the Paris Convention provided for in article 11, the international exhibition exhibited products that implement or included in the design, is entitled to claim the right of priority (exhibition priority) from the first day, when the product is shown in the exhibition, where a design application filed within six months from that date.

(6) an applicant who wishes to use in the fifth subparagraph of this article, certain benefits (exhibition priority), this application must be submitted simultaneously with the application, indicating the first date a product demonstration and exhibition. The document, which confirms the right of priority, that is, prove the exhibition showcasing material identity and their first play date and issued by the competent authority, must be submitted to the exhibition within three months from the date of the application.
(7) the exhibition priority is not extended the time-limit laid down in the first subparagraph.
(8) a design priority (priority right) gets so that this law, 5., 6., 7., article 14, article 19, first paragraph, and article 37, first paragraph, point 4 of the cases set out in the application site shall take into account the priority date.
19. article. Suspension of publication (1) the applicant may request that publication of the design be delayed for a period not exceeding 30 months from the filing date or priority date. Such a request may include an application or add it to the time when the Patent Board adopted the decision on the registration of the design, and shall invite the applicant to pay the State fee for registration and publication. The Patent Board having regard to the request to postpone the publication of the design, if the prescribed State fee has been paid.
(2) the applicant may withdraw a request for deferment of publication, or ask to shorten the period of deferment of publication. If a decision on the registration of the design and the period for which publication is deferred, the applicant is fully paid the State fee for the registration of the design and publication, it is considered that a request for deferment of publication has been withdrawn and the Patent Office shall immediately prepare a design image (images) and details of the design registration and publication.
(3) if there are multiple application, the request for deferment of publication of the industrial design or at the request of such a cancellation can relate to all the designs contained in the application. All complex designs contained in the application in the determination of one publication.
(4) where the applicant wishes that publication of the time certain complex designs contained in the application would be different, he prescribed in this Act shall submit the request for the Division of application and each application shall be accompanied by the appropriate divisional request for deferment of publication.
20. article. The application of formal requirements (1) the Patent application shall be examined by the Board within three months of its receipt. If the application does not comply, or only partly complies with this law, 15, 16 and article 18 (formal) requirements, the Patent Board shall notify the applicant in writing, stating and defining the time limit of three months for reply (failures), and stop at the period of examination of the application. The application period will continue with the day when the applicant's reply has been received or expired deadline for providing them.
(2) the Patent Office shall verify the submitted article 15 of this law the second part 1., 2., and 3. the documents referred to in paragraph 1 and the application materials and paid duty, and in accordance with article 17 of this law shall determine the date of the application. If the application initially does not meet these requirements, but the Patent applicant of the Board in the specified period, the application date shall be determined as of the date of the Patent Office received all the documents and materials. If after the Patent Office at the request of the applicant the deficiencies are not eliminated, the application shall be deemed not to have been filed and shall notify the applicant in writing.
(3) the Patent Board, check the compliance with the formal requirements, determine the products in which the design is intended to be implemented include the classification of the index in accordance with the international classification for industrial designs (Locarno classification).
(4) If from the submitted design, the image cannot be manufactured high-quality replica, the Patent Board shall invite the applicant to submit another, suitable for reproduction of the image. Newly submitted image should not contain new, original image not visible in the design. If the Patent Board, with the consent of the applicant is found on the date of the application may recognize the image submitted later on the day. The date of the application if the applicant does not consent to the transfer, they must submit the reproduction image that does not contain new design features.
(5) If the application does not comply with the complex of this law, article 16, first paragraph, the requirements of the Patent Board invited the applicant to split into two or more applications according to the requirements of the law. If the applicant does not use this opportunity, the Board of Patent application proceedings shall continue only for those designs that do not exceed the complex application defined frame.
(6) If an application concerns a design priority, identify the Patent application examination Board in compliance with the terms of this law article 18 requirements and determine the priority date. If the applicant fails to comply within the time limit set for the recognition of the right of priority, the priority is not assigned.
(7) where the application contains other significant shortcomings and following the request the applicant, it shall refuse the application and notify the applicant in writing.
21. article. Decision on refusal of registration of a design Patent (1) the Management Board shall adopt the decision on refusal of registration of a design, if the formal requirements checking, it becomes apparent that the design does not meet the definition of a design (article 1, paragraph 1) or in accordance with article 9 of this law, the first paragraph is not protected.
(2) before making a decision, the Management Board shall, in writing, the Patent applicant to present the expected refusal of registration, giving the applicant the opportunity of a period of three months to make his observations, withdraw the application or amend it (maintaining change form), pursuant to article 39 of this law the provisions of the second paragraph.
22. article. Application revocation, limitation and amendment of (1) at any stage of the proceedings of the application the applicant is entitled to withdraw the entire application or a separate registration of the designs contained therein, make the appropriate amendments in the application. In this case the paid State fee shall not be refunded.
(2) an application may be made only in such amendments, updates and fixes that do not change the substance of the design and not extend the list of products in which the design is intended to be put, or to include. The amendment also considered further the maintenance of effective change shape according to the second paragraph of article 39 of the regulations. Amendments, clarifications and corrections throughout the course of the examination of the application is entitled to request the Patent Office.
(3) a design the applicant shall immediately notify the Patent Office on the amendment to the application or the perceived errors. Amendments to the application are made on national duty payment. The Patent Office's mistakes are corrected free of charge.
(4) the Management Board of the Patent application shall also be accompanied by a statement of the proceedings on the recognition of the right to a design, having been convicted by a final judgment in the matter or notice of termination of the proceedings, as well as to take into account any changes in ownership, based on a judgment which has the force of res judicata.
(5) the amendments to the Patent Office received after the preparation of the terms of registration, the publication considers the amendments to the registration in the news, and they apply this law article 33 the provisions of part two.
(6) If the examination of the application and in the course of the registration procedure, with the exception of article 20 of this law in the second, fifth and sixth paragraph and article 21 referred to in the second subparagraph, the applicant does not reply to the specified period of the Patent, the request of the Board or fails to pay the State fee and not asked for extension of a time limit, the application shall be deemed to have been withdrawn and shall notify the applicant in writing.
23. article. The Division of a complex application (1) applications for Complex can be divided into two or more separate applications in each of them, including one or more designs. Divisional application retains the original filing date and priority.
(2) the request for the Division of the application the applicant is entitled, on its own initiative to submit before the Patent Office has not taken a decision on the registration of the design.
(3) request the applicant indicates which designs left in the original application, and each divisional application shall be made under article 15 of this law, the requirements for the contents of the application, as well as in the new filing fee in certain government fees. A supplementary fee paid for designs from the original application to move to a divisional application, at the request of the applicant can apply to the divisional application in the common part of the toll. If within one month from the date on which the Patent Board received a request for the Division of an application, the applicant has not submitted certain documents and materials relating to the divisional application or has not paid the prescribed State fee, the request for Division of the application shall be deemed withdrawn and the applicant notifies in writing.
(4) the divisional application proceedings going on 20 and 21 of this law in accordance with the procedure laid down in article. Once the decision on the registration of the design adopted, the request for Division of the design can not be undone.
24. article. The decision on the registration of the design

After examining the application of the Patent Office shall decide on the registration of the design. Examined the complex application, the Patent Board may decide on individual complex contains the registration of the design. Decision in writing to the applicant inviting him three months to pay the State fee for the registration of the design and publication.
25. article. Design registration, publication, and issuance of certificate (1) if the State fee (fee) has been paid, the Patent Board designs within the shortest possible period of images (images) and details of the design registration shall be prepared and published in the Official Gazette of the Patent Office.
(2) If the applicant received the request for deferment of publication design and paid the State fee, the registration of the design and publication of the Patent Board of residues and shall inform the applicant of the anticipated time for registration and publication.
(3) the registration of a design of a national design register coincides with its publication in the Official Gazette of the Patent Office.
(4) following the publication of the registration of the design and Patent owner of the design the Board shall issue a certificate of registration of the design, the model of which is determined by the Cabinet of Ministers.
26. article. Appeal a Patent Applicant or other addressee of the decision of the Board (the owner of the design, the former owner, the successor in title, the licensee ownership) in full or in part does not agree with the results of the examination of the application or the registration of the design with the other related procedures adopted Patent period for a decision of the Board is entitled, within three months from the date of receipt of the decision, paying the State fee, submit to the Patent Office a reasoned written appeal. Appeal of the Patent Office shall suspend the execution of the decision.
27. article. The appeal (1) the Patent Office shall immediately repeal or amend the decision, in so far as it recognizes the appeal of reasonable submitted.
(2) if the cancellation or amendment of the decision may affect third-party rights or legal interests or within two weeks after the appeal decision is not cancelled or amended by the first part of this article in accordance with the procedure laid down by the Patent Appeal Board refers to the Board of appeal.
(3) if the Patent Board revoked or amended its decision and that the appellant satisfied the appeal, "he said. On appeal the paid State fee payable under the Act on administrative procedures.
(4) if the Patent Board amended its decision and that the appellant is not satisfied, he was within three months of receipt of this decision, it shall notify the Patent Office, which the Board of appeal without delay to the Board of appeal.
(5) action to the Board of appeal the appellant is entitled to an appeal submitted to clarify or supplement.
28. article. Opposition to the registration of the design (1) within three months following the publication of the design, pay the appropriate State fee, the Patent Office may submit an objection to the registration of the design. The complaint shall be submitted in writing to the, it shall be the opposing arguments and references to the provisions of the Act. By the end of this period the opponent is entitled to amend the initial objection (to expand) legal basis, but to appeal to the Council's decision, he may submit additional documents and materials that confirm (specify) the facts on which the objection is based.
(2) opposition to registration of a design may be submitted on the basis of this law, article 37, first paragraph 1., 2., 4., 5., 6., 7 or 8 points. Complex individual registered design may also be challenged regardless of other complex designs contained in the registration.
(3) an objection to the registration of the design may be submitted by any interested person, including professional associations, manufacturers, traders or providers of services, as well as an Association of organizations and institutions whose task is to protect the consumer rights or to make a competition pursuant to article 37 of this law, third and fourth subparagraphs.
(4) the Board of appeal introduce the design owner with objections and set a three-month time limit for submission of the reply.
(5) if the first part of this article within the time limit set out in the objection is not filed, the registration of the design can only be challenged in court.
29. article. The appeal and the examination of the opposition (1) in accordance with article 26 of this law, the appeal and submitted in accordance with article 28 of this law objections submitted by the Board of Appeal examined.
(2) the Board of Appeal examined three months after its receipt in the Patent Office. If the Patent Office's decision has been amended by article 27 of this law laid down in the first paragraph of the order, but the appeal is not withdrawn, it shall, not later than two months after that the fourth subparagraph of article on receipt of the notification.
(3) the objection shall be handled within three months after the owner of the contested design, the receipt of the reply or the response deadline for submission.
(4) on the hearing of the Board of appeal, which hears appeals against decisions of the Patent Office, shall invite the appellant or his representative, but if the decision the Board of appeal may affect third parties, also this person or its representative. To the Board of appeal, which hears objections against the registration of the design, invite the opponent and the owner of the contested design (their representatives). Interested parties have the right to submit the necessary documents and materials and to provide oral explanations.
(5) the Board of appeal shall decide on the appeal in full or partial satisfaction or for its rejection. This decision may cancel, amend or maintain the decision of the Board of the Patent concerned. If the appeal filed against the decision of the Patent Office relating to a refusal of registration of a design (article 21, first paragraph), the design may be declared to be recorded according to the application for change form to be registered (article 39, second paragraph), or to leave the decision on refusal of registration. If due to the appeal of the new discovered the circumstances of the case, the Board of appeal may decide to review the application.
(6) the Board of appeal shall decide on the opposition's satisfaction, in whole or in part, or rejecting, and contested the registration of the design under this decision may be declared void from the date of registration, be recognised as a valid change form (article 39, second paragraph), or to recognize as valid in amended form No.
(7) the Board of appeal shall take a decision, the other people present. The operative part of the decision shall be notified to the end of the meeting, but the written decision motivated month send the fourth paragraph of this article. If the Appeals Council decision does not satisfy any of the parties, any of the parties within six months after the receipt of a copy of the decision can be appealed against that decision to the Court.
(8) the Court shall suspend the application of the decision of the Board of appeal activities.
(9) irrespective of whether the decision of the Board of appeal is submitted, the interested person can challenge in court the registered design. If such an action is brought before the administrative case review of the decision of the Board of appeal, administrative proceedings pending the judgment of the claims.
30. article. Design Division of registration (1) registration of a complex can be divided into two or more separate registrations by distributing among them the original designs contained in the registration. Separate registration retains the original registration date and priority.
(2) the request for registration may be submitted only by the dissection of this law article 28 provided for in the first subparagraph the period for the submission of objections (objection period) end.
(3) in submitting the request for registration, the owner of the design the Division indicates that designs rejected the original registration which encompasses the separate registration (registrations), as well as in respect of each Divisional registration shall pay the State fee for the registration of the design and publication.
(4) If, for a period of one month from the date on which the Patent Board received a request for the registration division of the State, the fee is not paid, the request shall be deemed to have been withdrawn and shall notify in writing the owner of the design.
(5) the Patent Board within the shortest possible period of register include divisional registration and amendments with regard to the original registration shall be published in the Official Gazette of the Patent Office in the corresponding statements, as well as a certificate of registration issued for the Divisional registration and complement the original certificate of registration in accordance with article 25 of this law in the fourth and the second subparagraph of article 33.
(6) after separate registration message prepared for registration and publication, the request for Division of registration can not be undone.
31. article. The deadline for registration of a design and renewal of registration (1) registration of a design is valid for five years from the date of the application. This time expires, the registration can be renewed each time for a new five-year period up to a maximum term of design protection — 25 years from the application date.

(2) an application for renewal of registration of a design owner shall be submitted during the year before the expiry of the term of registration, upon payment of the State fee. The Patent Board renewed registration within six months after the expiry of the registration pursuant to the Paris Convention article 5-bis. In this case, the supplementary fee is payable.
(3) the renewal of registration may not apply to all complex designs contained in the registration. The application must specify the designs covered by the renewal of the registration.
(4) the Patent Board news about the renewal of the registration of a design shall be entered in the register, a notice of renewal of registration shall be published in the Official Gazette of the Patent Office and shall send to the owner of the design to add to the certificate of registration of the design. Renewed registration of a design shall enter into force on the day following the preceding validity period.
32. article. The deadline extension and restoration (1) the time limit for the registration of the design in the rules of procedure, except that the time limits laid down in article 18 of this law for the first, second and fifth paragraphs of article 19, in the first paragraph of article 28, first paragraph, article 29 on the seventh and article 31 of the Patent concerned, the Board or the Board of appeal may be extended for a certain period, but not longer than three months, if the request is received in the Patent Office before the expiry of the term extension and paid the State fee.
(2) in the first subparagraph, the time limits provided for if they missed, you can restore it, if the request is received in the Patent Office not later than six months after the end of the period, confirmed the acquittal of reasons for non-compliance with the time limit and on payment of a fee for the renewal of the term.
33. article. National design register included in the news (1) the Patent Office shall carry out the national design register (hereinafter register). The register shall include the particulars of the design (the picture or pictures), news about the designer (except when included in the notice of application, the designer's renunciation of the right to be mentioned), the owner of the design, and his representative, if appointed, the date of the application, the priority of the message, if it is granted, and the date of publication of registration, the name of the product in which the design is intended to be put, or to include, as well as others in this Act or other legislation.
(2) the owner of the design shall immediately notify the Patent Office concerning amendments or perceived errors messages relating to the registration of the design, the owner's name (name), about the change of the representative, details of the messages for the designer, the amendment addresses this person or the desire to maintain the design change form, partially giving up exclusive rights in accordance with article 39 of this law the second part. If you paid State fee prescribed by the Patent Board permitted amendments shall be entered in the register, notification of amendments shall be published in the Official Gazette of the Patent Office and shall send to the owner of the design to add to the certificate of registration of the design. The Patent Office's mistakes are corrected free of charge.
(3) the Patent register shall also contain the Board particulars of the proceedings in matters relating to registered designs if it received appropriate notice of it, having been convicted by a final judgment in the matter or notice of termination of the proceedings. If the registration of a design is found to be invalid or partially invalid, the registration documents will also be added the existing Patent Appeal Board the decision or judgment of the Court of Justice.
34. article. Application and public access to the registry in the news (1) before the publication of the registration of the design and the application documents and materials are available to third parties only with the written consent of the applicant.
(2) the Patent Office without the applicant or owner of a design may consent to allow to become familiar with the application and registration of documents and materials of the case, if the person concerned shall provide information that demonstrates that the rights arising from the registration of a design, can affect the person's rights or obligations. The following information is also evidence that the applicant or the owner of the design shall take the measures necessary to exercise its rights to the said person, or that it has the rights to the design in accordance with the law in article first, second or third.
(3) after the publication of the registration of the design and use of the documents and materials are available to any person who has submitted the request.
(4) Permission to look at the application and registration of the case in accordance with the first, second or third paragraph, the Patent Office is entitled to deny access to certain documents and material, the disclosure of which may cause harm to the applicant or the owner of the design of legal interest, if he himself is not directly allow you to get to know them. In case the existing Patent Board internal documents, draft decisions and preparation materials should be considered limited availability information.
(5) the registry entries to the extent provided for in article 33 of this law, the first part, and their publications are available to any person.
(6) the Patent register shall be issued by the Management Board news extracts, as well as document and copies of materials, if paid the State fee for the reception of messages.
35. article. State fee State fee payable in the cases provided for in this Act. State fees shall be determined by the Cabinet of Ministers.
Chapter v recognition of registration of a design of void and removal from the register article 36. Removal from the register of industrial designs at the initiative of the holder of the design (1) the owner of a design may seek to exclude design from the register before the registration of the design. If the Patent application received by the Board and paid the State fee, excluded from the register of designs with the owner of the specified day, but not earlier than the date of receipt of the application. The Patent Board made the appropriate entry in the registry, but the notice shall be published in the Official Gazette of the Patent Office and sent to the owner of the design.
(2) in the case of registration of Complex application on a separate design from the register before the registration deadline for this law, examine article 33, second paragraph in the order as amended registration messages.
(3) If the register contains information about the current license agreement or other rights based on the registration of the design, the design may be excluded from the register before the registration deadline only by the licensee or the beneficiary's written consent.
(4) If a person has submitted a claim to the Court for recognition of the rights to the design and announced it to the Patent Office, the removal from the register of designs prior to registration deadline postponed to the examination of the case in court.
37. article. Grounds for recognition of the registration of a design be declared invalid (1) the registration of the design may be declared invalid if: 1) object applied for does not comply with this law, article 1, paragraph 1 of the definition of a specific design;
2) design does not comply with this law, 4., 5., 6., 7., or the requirements of article 9;
3) the person who submitted the application for registration of a design (design of the applicant) or the registered owner of the design in accordance with article 10 of the law to the first, second or third is not entitled to it;
4) design is in conflict with a design that, in accordance with the statutory procedures for the registration of a design or the design of the international registration procedure defined in the earlier filing date or earlier priority, but which are disclosed to the public only after the contested application for registration of a design or the date of priority;
5 design used in the notation), which provides the difference — trade mark, trade name, firm, also the name of the person, portrait or other similar designation, which the owner or the holder of the right of the respective personal laws according to the requirements is entitled to prohibit such use;
6) illegally used design work that is protected by copyright;
7) design includes or imitated any of the Paris Convention provided for in article 6 ter-signs, the Paris Union or the flag, coat-of-arms in its formal purity (fineness), control or guarantee mark, the international organisation or the emblem of the flag, its name or abbreviation of the name, and the use of design in this description may be found indecent, inappropriate or Paris Convention 6.-the provisions of article inappropriate for met;
8) contained in or mimic the design of the sign, which is not the subject of article 6 of the Paris Convention-article, but who has met public particularly significant in Latvia or any other country (Mon, national awards, national service's distinguishing mark, sign or other sign of high symbolic value, also a religious symbol).
(2) The first paragraph of this article, paragraph 3 provides for the grounds can be invoked only by the person who has the right to design according to the provisions of article 10 of the first, second or third.
(3) The first subparagraph of this article 4, 5 or 6. the grounds provided for in paragraph 1 may only refer to the earlier rights the applicant or owner.

(4) On the first part of this article 7 or 8 of the grounds provided for in paragraph 1 may refer a person or institution that has the right to use these designations or monitor their usage or rights or legal interests affect the use of the sign design.
38. article. Recognition of registration of a design be invalid or partially invalid (1) the registration of the design be declared invalid by the Court, on the basis of article 37 of this law, the provisions of the first subparagraph.
(2) the request for registration of a design for a declaration of invalidity may be submitted by any person, including professional associations, manufacturers, traders or providers of services, as well as an Association of organizations and institutions whose task is to protect the consumer rights or to make a competition pursuant to article 37 of this law in the second, third and fourth subparagraphs.
(3) a claim for invalidation of the registration of a design the whole design registration may be submitted during the period. The registration of the design may be declared invalid had also in that case, if the application was made or at the time of the examination registration deadline is already expired or the design off of the registry after its owner's initiative.
(4) an action for invalidation of design registration invalidity may also apply to the registration of an individual included in the package design independently of the other designs.
(5) If, pursuant to article 39 of this law the second part of the justification for recognition of registration for void finds only in relation to certain design characteristics and if, moreover, you can recognize that the design without these features meet design protection prerequisites and its essence remains unchanged, the design is considered partially invalid and registration allows maintaining change form.
(6) the Person who brought the claim in court, a copy of the judgment of the Court shall be submitted to the Patent Office. The Patent Board made the appropriate entry in the register and published in the Official Gazette of the Patent Office, notification of invalidation of the registration of a design be invalid or partially invalid.
39. article. The consequences of recognition of registration of a design be declared invalid (1) the registration of a design shall be void from the date of registration. This provision does not apply to, having been convicted by a final judgment in the case of the infringement of the design concerned, as well as before the recognition of the registration of a design of a civil contract concluded, in so far as it executed.
(2) If the registration of a design shall be declared invalid in accordance with article 37 of this law, first paragraph, 2, 5, 6, 7 or 8, the design may be registered or maintain change form, if in that form it complies with the legal protection of the design conditions and the nature of the design remains unchanged. You can maintain the registration change form so that it adds a reference for the partial exclusion of the rights based on the design of the partial renunciation of the owner exclusive rights (Disclaimer), or the Patent Office or the Board of Appeal's decision, or judgment of the Court of Justice, which was declared in part design void.
40. article. Removal from the register of a design after the registration deadline (1) the Patent Board off designs from the registry, if the current registration of a design of five years, but the registration is not renewed in article 31 of this law established or if the registration of the design for the final 25 years.
(2) in the first subparagraph of this article, in the cases specified in the designs excluded from the registry the next day after the expiry of the period of registration of a design. The Patent Board published in the Official Gazette of the Patent Office in the statement and forward it to the owner of the design.
Chapter VI article 41 use of the design. With the property rights of design (1) the right to a design based on the registration or its application, in terms of the legal regime comparable rights to movable property within the meaning of the civil code, but can not be the object of property requirements.
(2) the designs contained in a multiple application or registration may be complex, also concluding a license agreement, or otherwise include civil circulation independently from each other.
(3) the transfer of the design to another person (article 42) and licence (article 43) does not affect licenses previously issued to third parties. However, if a person is brought to court for recognition of the right to a design may also require that the license granted above and the burden of the design to be considered unenforceable, so far as they do not apply to the successor or impose undue obligations on it.
Article 42. Design of transfer to other parties (1) the owner of a design may transfer property rights to the design to another person together with the enterprise or part thereof that use this design, or whatever it is.
(2) details of the registered owner of the design change, after receiving the application, the transition of the national identity document and proof of payment of the fee, the Board shall be entered in the register of patents and published in the Official Gazette of the Patent Office, as well as send the owner (owners) notice of the entries made in the register.
(3) the owner of the design shall be considered as being the one who recorded in the register as such. To change the owner of the design in the register to record the successor in title may not invoke the rights deriving from the registration of a design right.
(4) if the design of the transfer to another person does not cover all the complex designs contained in the registration, the registration of the Patent Board is divided, with the necessary changes to the application of article 30 of this law, and create a new registration with respect to the design or designs, which changed owners.
(5) if the application is passed on to another person before the Patent Board adopted a decision on the registration of the design, then, after receiving the application, the transition of identity document and payment of the fee prescribed in the national identity document, the Patent Board changes take account of the applicant as an amendment to the application of this law, within the meaning of article 22 and shall continue the examination of the application for the new applicant.
(6) in the fourth paragraph of this article, the procedure provided for by the necessary changes also apply to complex application for distribution, if the transfer (the applicant) do not apply to all the designs contained therein shall apply accordingly article 23 of this law.
43. article. Design License Agreement (1) the owner of the design shall have the right to grant the license agreement with another person to design rights in full or in part. According to the nature of the license (exclusive license or just license) of the izdevējpus design (licensor), and saņēmējpus (the licensee) assume certain rights and obligations.
(2) a licence is recognised as an exclusive licence if the licensee acquires exclusive rights to the use of the design in accordance with the rules laid down in the Treaty, but licensor retains the right to use the design in so far as that right is not transferred to the licensee.
(3) a licence recognised as just a license, if the licensor by granting another person the right to exploit the design retains the right to use the design, as well as the right to issue a license for the use of the same design to third parties. If the license agreement does not specify that it is the exclusive license, or a license, just a license considered a simple license.
(4) the owner of a design is entitled to use the exclusive rights against a licensee who violates the provisions of the licensing contract with regard to: 1) licenses;
2) the form in which the design permitted use;
3) products for which the licence is granted;
4) area in which allowed the use of the design;
5) licensee's product quality.
(5) if the license contract provides otherwise, the license may not be transferred to third parties and the licensee shall not be entitled to issue sublicenc.
(6) the particulars of registered design license agreement, after receiving an application, the Contracting Parties and licensed rights to identity document and payment of the fee prescribed in the national identity document, the Governing Board shall be entered in the register of patents and published in the Official Gazette of the Patent Office, as well as sent to the parties notice of the entries made in the register.
(7) the news of the license contract expiration and on the amendment of the provisions of the Treaty shall be entered in the register upon receipt of the notification. Notice that this message of supporting documents, as well as State duty payment card.
(8) the fact that the details of the license agreement are not included in the register or is not published or that the licensee products, their packaging or in advertising has not provided an indication of the use of the design under license, or that the note provided inaccurate, does not prevent the licensee to join infringement proceedings for design and receive reimbursement for losses incurred in connection with the licensee in the licensed illegal use of the design.
44. article. Open licence

The owner of a design is entitled to the Patent Office for publication in the official announce readiness to grant rights of use of design to any interested party (open license). Such notices may also be submitted by the applicant together with the design of the application or its hearing. With the submission of the notification day is reduced by 50 percent in the future activities of certain government fees. If the open licence is withdrawn, government fees payable in full. The dispute about the detected license terms of use settled in court.
Chapter VII rights of design protection article 45. The designer's personal protection (1) if someone unduly invades the designer's authorship or otherwise infringe the moral rights of the designer (article 11), the designer is entitled to go to court on the basis of the civil code and other legislative provisions.
(2) in the cases specified in the law, the perpetrators called to criminal liability.
Article 46. Recognition of rights to industrial designs (1) a Person who, in accordance with article 10 of this law, the first, second or third part has the right to design and relevant evidence, may sue to declare it a right to registration of a design or design, if the design applied for the registration of a person who had no right, or if registration has already performed such persons.
(2) If a person in accordance with article 10 of this law the second part has the right to a design jointly with another person or persons, and this right is not respected, that person may in the first part of this article in accordance with the procedures specified in the request, so that it is recognized as the owner of a design jointly with another person or persons.
(3) in the first and second parts of the right provided for in applicable not later than three years from the date of the design due to its registration published in the official journal. A time limit shall not apply if the person who made the registration of the design in the register as the owner or not, acted in bad faith at the time when the registration of a design shall be logged or property rights to designs were transferred to that person.
(4) application of the complex or the complex in case of registration of the application for the recognition of rights may also apply to certain designs or more designs apart from other designs.
(5) a Person who has submitted to the Court a claim for the recognition of the right to a design shall forthwith notify the Patent Office. If the action is brought, before the registration of a design published in the official journal, or otherwise disclosed to the public the designs, Patent Office, the Court and the parties to observe the confidentiality necessary for nature of the design.
(6) the Person who brought the claim in court, a copy of the judgment of the Court shall be submitted to the Patent Office, that changes in property rights and others from a judgment entered into force, consequential facts taken into account in the examination of the application or, if the registration of a design already made shall be entered in the register and Patent in the Official Gazette of the Board shall be published in the notice.
(7) the provisions of this article shall not prevent the person whose right to a design is not respected, the protection of the law also apply other legislation that legal means.
47. article. Warning labels (1) the owner of a registered design and the licensee shall have the right to label products in which the design is incorporated, or implemented with the warning label (label)-circle letters included D-or text that notifies you of the registration of the design. Warning label may include the owner of the design the name or mark and indicate the date of the registration or application.
(2) the warning labels must not be placed on a product not covered by or is no longer subject to design protection. If this condition is not respected, the applicable provisions of the laws on unfair competition.
48. article. Illegal use of the design (1) on the illegal use of a design shall be considered the owner of the design the exclusive right to a design, that is, the use of this law, article 12 of part two of the meaning of the rules without the owner's permission, if that happens, design registration term.
(2) in determining whether a transaction qualifies as the owner of the exclusive rights in a design, only actions on products whose outer appearance refers to the legal protection of a registered design (article 8) and article 13 of this law, the rules on exclusive rights restrictions, this law also provided for in article 14 of the rights of the iepriekšlietojum.
(3) the requirement in court for illegal use of the design may be submitted by the owner of the design or his successor in title. Independent claim for illegal use of the design by the licensee is entitled to submit with the consent of the owner of the design. The design owner's consent is not required when the licensee the right to independently of a claim granted in the license agreement or the owner of the design requirement is presented, although the licensee in writing, invited her to do so. Any relevant design licensee is entitled to intervene in the case and to seek damages, due to which the licensed illegal use of the design.
(4) the Person against whom the required for illegal use of the design, you can not only to oppose the claim, referring to the fact that the design does not meet the conditions of protection of the design or the registration activity ceased for other reasons, but according to this law, the provisions of article 38 of its may submit a counterclaim for invalidation of design registration void. In these cases, the infringement of the design can be detected as far as the registration of a design shall not be declared void.
(5) the Court may prescribe measures for the prevention of infringement of the design below, also required: 1) destroy or return the products pretlikumīgo the owner of the design, the transferee or licensee if he agrees to, or put to use for charitable purposes (if you can ensure that product returns in economic circulation and cause further damage to the entitled party);
2) destroy the tools and materials used or intended to be used primarily for the manufacture of the products illegal, if their owner knew, or the circumstances of the case it was evident that the tools and materials used or intended to be used in unlawful activities.
(6) at the request of the plaintiff, the Court in cases of infringement of the design can be applied to the statutory requirements for security features also in cases where the requirement is not economic in nature.
(7) where a design infringement committed intentionally or malicious purposes, called the convicted person to legal liability.
(8) Notwithstanding the provisions of this article, actions for infringement of a design may also be based on the provisions of the copyright law and the provisions of the laws on unfair competition.
49. article. Jurisdiction of disputes (1) Riga District Court as the Court of first instance shall consider such disputes relating to the legal protection of designs: 1) on the recognition of the right to the design;
2) for invalidation of the registration of a design registration;
3) for illegal use of the design (the infringements of the design);
4) for the grant of a licence, the terms of the license agreement or their implementation.
(2) another dispute jurisdiction, the provisions of the civil procedure law.
50. article. The deadline for claims disputes about designs claiming period is three years from the time when the person learned or should have know about your impairment of the fact.
Chapter VIII international registration of a design article 51. Activities relating to the application for international registration and registration (1) persons who, in accordance with the provisions of the international registration is eligible to sign up for the designs of the international registration, without the mediation of the Patent Office shall submit the application for international registration directly to the International Bureau. Application for international registration, under this statutory design protection prerequisites (article 1, paragraph 1, 4, 5, 6, 7 and 9), may also apply to Latvia.
(2) the international registration of industrial designs relating to Latvia, the Management Board shall examine the Patent under the provisions of the international registration, and the international nature of the registered design shall evaluate this Act article 21, first paragraph, to the extent specified.
(3) the provisions of the international registration procedure and term of the Patent, the Board shall notify the International Bureau of the Patent Board decision totally or partially refuse the design protection (article 52 of the fifth), or, having been convicted by the Appeals Council decision or judgment of the Court of Justice, to which the international registration is completely or partially recognized void in Latvia.
52. article. The validity of the international registration in Latvia (1) the international registration of industrial designs set out in the order entered into force in Latvia, has the same legal effect as the registration of a design shall be included in the register in accordance with the procedure laid down in this law (registered in accordance with the national procedure of registration).

(2) the international registration of a design shall be deemed not to have entered into force at all, or to the extent that the purported protection in Latvia has refused.
(3) the registered design in Latvia priority determines the date of international registration of a design in relation to Latvia, but, if the international registration accepted priority from an earlier application date of the design, with the earlier filing date.
(4) of this Act provided for in article 28 of the objection to the international registration of industrial designs entry into force Latvia submitted within three months from the date of the international registration of industrial designs the Official Gazette published a design for which the international registration applies to Latvia.
(5) If the international registration is to be refused in accordance with article 21 of this law, the first paragraph or to the registration filed an objection, the Patent Office shall decide on the protection of the international registration in whole or partial refusal (initial refusal). Three months after the receipt of the refusal to the holder of the international registration has the right to make this law an appeal provided for in article 26 (reply to objection).
(6) the appeal and the opposition before the Board of appeal in accordance with article 29 of this law, if the international registration of industrial designs rules provide otherwise.
(7) the international registration of industrial designs in force in Latvia to apply article 31 of this law in the first part of the maximum period, if registration is duly restored the rules of the international registration.
Transitional provisions 1. With the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 252 "design rules" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2004, no. 13).
2. in determining the novelty and individual character of the design applied for a Patent on the Board from 15 April 2004 to 30 April, believes that design is not disclosed to the public, if it has not been known from the open publication in Latvia or abroad, or from the use of the facts found in Latvia.
3. Chapter VIII of this law shall apply as of the date of the entry into force in Latvia on 6 November 1925, the Hague Agreement concerning the international registration of industrial designs the 1999 Geneva Act of July 2.
4. Article 16 of this law, the first paragraph, which in one multiple application allows you to include only such designs relate to the same international classification for industrial designs (Locarno classification) class, apply on the day when Latvia shall enter into force on 8 October 1968 in Locarno Agreement establishing an international classification of industrial designs.
5. Designs, which the Board applied for patents before the entry into force of this law, the design patent or a design registration of issue of the order, the patentability provisions or legal protection and redress provisions that were in force on the day on which the design application was filed.
6. Design, which according to existing laws, the patent has been issued or which are registered in the Patent Office and in force this law enters into force, is usable and protected according to the provisions of this law. The legal protection of industrial designs and the amount of the claims of the patent, the exclusive right shall be treated as specified in this law, the legal protection of industrial designs and rights, taking into account their pictures and product samples, in accordance with the submission of the relevant application during the existing laws are to be considered as part of the application.
7. Design patents, which this law enters into force are in effect or which expired no earlier than six months before the entry into force of this law, the duration may be extended to 25 years laid down in this law for the period, with the necessary changes to the application of article 31 of this law.
Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 13 October 1998 Directive 98/71/EEC on the legal protection of designs.
The law shall enter into force on the day following its promulgation.
The law adopted by the Parliament at the 2004 October 28.
State v. President Vaira Vīķe-Freiberga in Riga 2004 17 November Editorial Note: the law shall enter into force on 18 November 2004.