Design Rules

Original Language Title: Dizainparaugu noteikumi

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Cabinet of Ministers Regulations No. 252 in 2004 (April 8. No 20, § 8) design rules issued in the Republic of Latvia article 81 of the Constitution order chapter I General provisions article 1. The terms used in the rules the rules are 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 is not the meaning of these regulations;
3) complex products — products that consists of multiple components (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;
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 international treaty on the international registration of industrial designs, which entered into force with respect to Latvia;
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 objective of the provisions (1) the rules governing the legal relationship of the design registration, use, and protection.
(2) these provisions shall not prejudice the application of other laws or regulations; above all they do not prevent to apply, where appropriate, the Patent law, the law on trademarks and geographical indications, "protection of topographies of semiconductor products Act, laws relating to unfair competition, or the provisions of the Act on civil liability. In addition to protection in accordance with these terms or regardless of the design may be protected as a design work under the copyright law.
(3) the provisions contained in the regulation on designs also apply to the international registration of industrial designs, the rights related to internationally registered designs, their validity, use, and protection, in so far as not otherwise provides for the international registration of industrial designs.
(4) the Republic of Latvia natural and legal persons are entitled to register, use and protect the designs in other countries in accordance with national laws and international treaties.
(5) If the international treaties binding for Latvia the provisions that differ from the provisions of these rules, applicable international treaty provisions.
Chapter II Design prerequisites the protection of article 3. Conservation design (1) the design 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 the following conditions: 1) included in the product package components (component), the complex is visible in normal use of the products;
2) component (component) visible characteristics meet the novelty and individual character.
(3) with normal use, referred to in the second subparagraph of the first paragraph, understand the use of the real user (consumer), except for product maintenance and repairs.
4. article. Novelty (1) the design is new if, before the date of submission of the application (filing date) or priority date (if the requested priority) the public has not been shared identical design.
(2) the Design shall be deemed to be identical even if the minor details differ in their nature.
5. article. Individual character (1) design is individual in nature, if my only criticism is that it causes on the informed user differs from my only criticism that such a user causes 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 (priority claimed) that require protection.
(2) in assessing the individual character of the design shall take into account the degree of freedom of the designer in developing it, depending on the nature of the product and any industrial or craft sector.
6. article. Disclosure (1) for the purposes of this provision, article 4 and 5, a design shall be considered disclosed to the public if it published a registration or for other reasons, play exhibition, used in the course of trade or otherwise disclosed, before the date of the application for registration of a design or the date of priority (priority claimed) that require protection.
(2) a design shall not be considered disclosed to the public, if the first part of the activity referred to 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) the application of this provision in article 4 and 5, a design disclosure that occurred no earlier than 12 months before the filing date or the priority date (if the requested priority), shall not be taken into account 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.
(5) the fourth paragraph of this article shall apply also in the case where the disclosure of a design associated with malice against the designer or his successor in title.
7. article. Not securable objects (1) in accordance with these terms do not grant legal protection to the external form of the article, which is 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 a design meets this provision in article 4 and 5.
Chapter III design law article 8. Law bodies (1) the right to a design is the designer, or his legal successor.
(2) If two or more persons jointly created a design, the right to a design is common to them. As this person said right used is determined by their mutual agreement. If such an agreement is not concluded, the applicable provisions of the Civil Code relating to the joint ownership of real property.
(3) the right to a design by the performance of the work task is a designer, unless the contract with the employer is not otherwise provided for. A contract may be determined by the design of related legal relations, the employer's right to use the design and designer's right to a fair remuneration for extra design creation and use. The contract may lay down the obligation for the parties to maintain confidentiality of certain time in relation to the design. The dispute about the implementation of the provisions of the contract shall be settled by the Court.
(4) the Person who submitted the application for registration of a design (design of the applicant) shall be considered eligible for the applicant and the person who included the national design register as the owner of the design right owner — until a judgment which has the force of res judicata is not recognized otherwise.
9. article. The designer's personal rights (1) Designer, regardless of which is the applicant for or holder of the design, are inalienable personal right to: 1) authorship, the right to be recognized on the designer (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 the related documents and publications or waive this right and request that his name not be mentioned.
(2) a person shall not be regarded for the designer, who provided the technical or other assistance to the establishment of the design, but not given the creative nature of the investment.
Chapter IV of the design registration of the rights

10. 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.
(2) the registration of a design shall confer on the owner of the design the exclusive right to use the design and without the owner's consent, to prohibit the use of any other person. On the use of the design in particular considers the manufacture, offering for sale, putting on the market, import, export, use, as well as the stated purpose of that design or implementation.
(3) a registered design rights in full, the owner of the exclusive right in relation to other persons shall enter into force on the date of the design due to its registration published in the Patent Office or the Official Gazette of the international registration.
11. 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 leads the informed user a different my only criticism.
(2) the scope of protection of the design values based on the registration and publication of the official images contained in the visible characteristics of the design, which in accordance with these rules subject to legal protection. If the application for registration of a design specimen is attached, together with images also features samples of the products, in so far as they do not conflict with the images.
(3) in assessing the scope of protection of a design shall take into account the degree of freedom of the designer in developing it, depending on the nature of the product and any industrial or craft sector.
(4) the scope of 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).
12. article. Exclusive rights limits (1) the exclusive rights arising from the registered protection of a design may not be put in relation to: 1) acts done for private purposes and not for commercial purposes;
2) activities 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 is a reference to the source.
(2) the exclusive rights arising from the protection of a design shall not be exercised in respect of: 1 also) other countries registered ships and aircraft equipment and accessories that are temporarily located on the territory of Latvia;
2) spare parts and accessories into the repair of such vehicles in Latvia;
3) repair of such vehicles.
(3) the exclusive right cannot be against the person that uses the design if the product in which the design implemented or incorporated, is a complex part of the product (component), the design is dependent on the external appearance of the product package (downstream) and the objective is to ensure the use of the complex product repair to restore its original external appearance.
(4) the exclusive rights without prejudice to the actions on the article in which the implementation or design included within the scope of protection of the protected design, when this economic circulation of products within the European economic area to include even the owner of the protected design, or another person with his consent.
13. article. Iepriekšlietojum (1) Iepriekšlietojum the right to retain a person who before the application for registration of a design or the date of priority (priority claimed) in good faith begun to use the designs in Latvia (part of a product or its external appearance), which includes this amount of protection the protected design, 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; such use shall not prejudice the exclusive rights arising from the registration of the design.
(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 in which the design was initiated or carried out in these preparations.
Chapter v final design article 14. The refusal of a registration of a design or the recognition of (1) the registration of the design may refuse the Patent Board, in considering the application for registration.
(2) if the design is registered, the registration may be declared invalid the Patent Office's Board of appeal (hereinafter Board of appeal), submitted by the opposition against the registration of, or claims case in court for invalidation of design registration void.
15. article. Substantive grounds for refusal of registration of a design and to void the recognition of (1) the registration of the design may refuse or be declared invalid only in the case of: 1) the object of registration does not meet the definition of a design (article 1, paragraph 1);
2) design does not comply with these rules 3, 4, 5, 6 or 7 the requirements referred to in article;
3) the person who submitted the application for registration of a design, or the owner of the registered design under article 8 of these rules for the first, second or third is not entitled to it;
4) the design is contrary to the earlier design, who disclosed to the public after the contested application for registration of a design or the date of priority, but which the earlier filing date or earlier priority due to the Patent Office registration or an international registration that apply to Latvia;
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 in another State — officially approved heraldry, national awards, national service's distinguishing mark, another official label or other sign of high symbolic value, also a religious symbol, and use this label design can be considered indecent or inappropriate.
(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 8, 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.
16. article. The consequences of recognition of registration of a design be declared invalid (1) as far as the registration of a design is found to be invalid, it is considered that it was not specified in these provisions the legal effects of their emergence.
(2) recognition of the registration of a design of a feedback effect is without prejudice to the final judgment of the Court of Justice for infringement of the design concerned, if they have already entered into force and met and concluded agreements before they met.
(3) the second paragraph of this article shall not preclude a claim for damages resulting from the negligence of the owner of the design or integrity, or not to use the provisions of the law for claims of unjust enrichment, also reclaim respect the contract payments made, if justified by the circumstances of the case.

(4) if the registration of a design shall be refused or declared invalid in accordance with the provisions of article 15, 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 conditions of design protection and the nature of the design remains unchanged. You can maintain the registration change form so that it also 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.
Chapter VI design registration procedure article 17. (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) document on payment of the application fee.
(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) the application must include the product name, submit to the Latvian language. The mandate of the representative, a design description and priority documents may be filed in English, French, Russian or German. The Patent Office is entitled to request the documents presented and the translations of Latvian language materials. Those translations shall be made of the Patent Office within the prescribed period. All application-related records and correspondence going on Latvian language.
(5) particulars of the designer to replace with the designers allowed the group name corresponding to the applicant's country or practice, if the designer waived the right to be mentioned or demanded that he not be mentioned — with the applicant in a statement. The veracity of this statement in the response the applicant.
(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 scope of protection of the design (article 11 of the fourth part).
(7) the specimen may be submitted only to the flat design.
(8) the applications and requests attached to it the signature of the applicant or his authorized representative.
18. article. Complex application (1) Any application may contain several industrial designs. All products which implement or incorporate the same application designs embodied in (except in the case where the application contains only designs that have decorations (ornaments) character), must relate to the same international classification for industrial designs (Locarno classification) class.
(2) upon application, containing several designs, the applicant shall indicate the number of the design. For each design which contained, in addition to the first designs, the supplementary fee is payable.
19. article. Representation (1) if the application is lodged by the representative, the application shall be accompanied by a document certifying the authorisation of the representative. The requirements concerning representation and powers down the Patent law, the General rules of the Civil Code concerning the mandate of the treaty binding for Latvia and the international treaty provisions.
(2) pursuant to the provisions of the Patent Act on the representation on a Board of a foreign Patent, the applicant shall submit an application to the list and keep out all further transactions in the Patent Office and the Board of appeal only to a professional patent attorney (design agent).
20. article. The date of application (1) the date of submission of the application (filing date), subject to the provisions of part two, considered the day when the Patent Office received 17 of these provisions of the second paragraph of article 1, paragraph 2 and 3 the following documents and materials.
(2) the document on payment of the application fee, saving the original date of the application, you can add the month of submission of the application. If this overdue, but all applications submitted to date for the determination of the necessary documents and materials, the application shall be deemed to be the day of submission of a document certifying the application fee (if is a complex application, supplementary fee).
21. 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.
(3) an application that is filed in the same State for an object, the first application is withdrawn, left without guidance or rejected, and 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 also can no longer be justified later 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 official or officially recognized international exhibition in Latvia or in any Member State of the Paris Union had tried the product, which includes design, or is entitled to claim the right of priority of this article within the meaning of the seventh part of 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. Document confirming 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 the application of this rule 4., 5., 6., and article 13, first paragraph of article 15, paragraph 4, and article 22, first paragraph, the date of the application site shall take into account the priority date.
22. article. Suspension of publication (1) the applicant may request the publication of the design be deferred for a period not exceeding 30 months from the filing date or the priority date (if the requested priority). Such a request may include an application or add to it not later than the time when the Patent Board adopted the decision on the registration of the design, and shall invite the applicant to pay the fee for registration and publication. The Patent Board having regard to the request to postpone the publication of the design, if the prescribed fees have been paid.
(2) the applicant may withdraw a request for deferment of publication, or ask to shorten the term of the suspension. If a decision on the registration of the design and the period for which publication is deferred, the applicant shall pay the full fee for the registration of the design and publication of the Patent Office considers that the request for deferment of publication has been revoked and 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 of the complex designs of the application would be one of the publication deadline.
(4) where the applicant wishes that publication of the time certain complex application designs would be different, he submitted the request for the Division of application and each application shall be accompanied by the appropriate divisional request for deferment of publication.
23. article. The application review and examination of formal requirements

(1) the Patent application shall be examined by the Board within the shortest possible period of time, not exceeding three months from the date of receipt of the application. If the application does not comply, or only partly meets the requirements of the Patent Office shall notify the applicant in writing, stating and defining the time limit of three months for reply (failures). After dispatch of the notice of application for the purposes of the period of suspension, and it will continue with the day when the applicant's reply has been received to its delivery or termination deadline.
(2) the Patent Office shall verify the submitted that rule 17. the second paragraph of article 1, paragraph 2 and 3 the following documents and materials, and paid the application fee, and in accordance with this provision, article 20 establishes 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 Office will check the compliance with the provisions laid down in other formal requirements. Examination of the implementation of article 17 of the rules, check the news for applicants, designers and products in which the design is intended to be put, or to include, as well as the index of classification this product in accordance with the international classification of industrial designs (the Locarno classification). If the application is filed by a representative, the Patent Office will check the fulfilment of the representation (article 19).
(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 an application is complex, the Patent Office will check the rules referred to in article 18 requirements and determines the designs contained in the application, the actual number. If the application does not comply with this provision, article 18, first paragraph, the Patent Board invited the applicant to split into two or more applications according to the above requirements, with the necessary changes to the application of the specific arrangements for the application of the Division. 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 a filed request to admit the design priority, Patent Board checks that the rules referred to in article 21 fulfilment of requirements and, if in accordance with these provisions, the applicant is entitled to the priority determined by 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.
24. 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, the application and, 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 the provisions of article 7, 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) in accordance with the provisions of article 16 of the fourth part.
25. 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 some of the designs contained therein. In this case, the paid fee will not be refunded.
(2) in addition to the first part of the said amendments in the application can only make 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 fourth paragraph of article 16 of the rules. 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 concerning amendments or perceived errors messages relating to the registration of the design, the applicant's (owner's) name (name), about the change of the representative, details of the news about the designer and the amendments to the said person addresses. At the initiative of the applicant submitted amendments permitted Patent Board take into account in the procedure for the examination of the application, if the fees have been paid. The Patent Office's mistakes are corrected free of charge.
(4) the Patent application shall be accompanied by a notice board that the court seised for the renewal of the design (if received), the final judgment of the Court in this case or notice of termination, as well as to take into account any changes with regard to the ownership of application laid down in the judgment of the Court of Justice, to become final.
(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 provision to the second subparagraph of article 28.
(6) If the examination of the application and in the course of the registration procedure, except that the provisions of article 23 of the second, fifth and sixth paragraphs, and article 24 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 fee, and are not asked for extension of a time limit, the application shall be deemed to have been withdrawn and shall notify the applicant in writing.
26. 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 Board is not finished preparing the design and details of the registration and publication.
(3) request the applicant indicates which designs left in the original application, and each divisional application shall be made under this rule, the requirements of article 17 of the application content, as well as to pay the new fees determined for the submission of the application. A supplementary fee paid for designs from the original application to move to a divisional application, at the request of the applicant may 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 fee, the request for Division of the application shall be deemed withdrawn and the applicant notifies in writing.
(4) the divisional application proceedings shall take place in accordance with the provisions of article 23 and 24. Then when the message prepared for registration and publication, the request for the Division of application may not be withdrawn.
27. article. Design registration, publication, and issuance of certificate (2) where the review is positive, the Patent Office shall decide on the registration of the design. If the examination of the application of the complex positive decision may only be taken on the part of the application package in the designs, the decision on registration shall be taken in respect of this part. Decision in writing to the applicant inviting him three months to pay the fee for the registration of the design and publication. If the fee (if you publish more than one design, the supplementary fee) has been paid, the Patent Board designs within the shortest possible period of images (images) and details of the designs prepared for registration and publication.
(2) If the applicant received the request for deferment of publication of the design (art. 22) and the fees have been paid, 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 shall be issued by the Management Board in accordance with a specimen of the certificate of registration of the design.
28. article. The State Register of industrial designs

(1) the Patent Office shall carry out the national design register (hereinafter register). The register shall include the registered design (so the picture or pictures), news about the designer (if the application does not contain a statement of 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 assigned), 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 these regulations 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 the provisions of article 16 of the fourth part. If a specific fee has been paid, 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 Board for registration accompanied by a statement that the court seised for the renewal of the design (if received), the final judgment of the Court in this case or notice of termination, and the register shall include changes in ownership in respect of registration laid down in the judgment of the Court of Justice, to become final. Registration also adds, having been convicted by the Patent Board of appeal decision of the Board or the Court, if the registration of a design is found to be invalid or partially invalid.
29. article. Appeal (1) the applicant or the Patent Board's decision, in whole 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 by the fees paid to submit the Patent Board of Appeal reasoned writing. Appeal of the Patent Office shall suspend the execution of the decision.
(2) if the decision does not end the period of examination of the application or other proceeding a Patent Governing Board regarding its distribution, it can be challenged only together with the final decision, unless the decision itself does not provide an opportunity to separate appeal.
30. 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 Office's decision in accordance with the first paragraph of this article is cancelled or amended and it met the appellant, he withdrew the appeal. On appeal the fee paid refunded in the administrative procedure law.
(4) If an amendment to the decision the appellant does not satisfy, he, within three months after receipt of the amended decision shall notify the Patent Office, which the Board of appeal without delay, and the Board of appeal.
(5) action to the Board of appeal the appellant is entitled to an appeal submitted to clarify or supplement.
31. article. Opposition to the registration of the design (1) within six months after the publication of the design fees settlement interested person may submit objections to the registration of the design. The complaint must be submitted to the Patent Office in writing, argumentējam and justified by reference to the law. After the expiration of the opponent is entitled to amend the (extended) the initial legal basis of opposition, but until the Appeals Council's decision, he may submit additional documents and materials that confirm (specify) the conditions on which the opposition is based.
(2) an objection may be made if this provision is article 15, first paragraph, 1., 2., 4., 5., 6., 7., or justification provided for in point 8 of the contested design. The complex of individual designs contained in the registration may be challenged well apart from the rest in this registration in the designs.
(3) subject to the provisions of article 15, third and fourth subparagraph limits, the opposition may be filed by any person, including professional associations, manufacturers, traders or providers of services and organizations, associations and institutions with the task of consumer protection or competition.
(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.
32. article. The appeal and the examination of the opposition (1) in accordance with the provisions of article 29 and the appeal submitted in accordance with article 31 oppositions filed 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 30 of the rules of procedure laid down in the first paragraph, 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.
(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 or their representatives. All interested parties have the right to submit the necessary documents and materials and to provide oral explanations.
(5) in accordance with the results of the appeal proceedings the Board of appeal shall decide on the appeal in full or partial satisfaction or 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 24, first paragraph), the design may be declared to be recorded according to the application for change form to be registered (article 16 of the fourth part) 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) in accordance with the results of the examination of the opposition, 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 by the date of registration, to recognise as valid the change form (article 16 of the fourth part) or recognised as valid under the form of registration.
(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 filing in Court of appeal suspended the execution of the decision of the Council.
(9) without prejudice to the application of the decision of the Board of appeal, the person concerned may be in court to contest the registered design (application for registration of a design of Declaration of invalidity). 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.
33. article. The Division of the 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 breaking the rules of 31 in the first subparagraph of article 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 prescribed 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 Division of the registration 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 the provisions of article 27 of the fourth subparagraph and the second subparagraph of article 28.
(6) after separate registration message prepared for registration and publication, the request for Division of registration can not be undone.
34. article. The period of validity of the registration 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 shall be submitted by the owner of the registration validity period in the last year, paying the appropriate fee. If this deadline is missed, but also additional fee has been paid, the Patent Board within six months after the end of the period of validity of the renewed registration.
(3) the renewal of registration may not apply to all complex designs contained in the registration. The application must indicate the renewable designs.
(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 after the previous period of validity.
35. article. The deadline extension and restoration (1) Term for a design registration procedure rules, except the time limits set by these rules in article 21, the first, second and fifth paragraphs of article 22, in the first paragraph of article 31, in the first paragraph of article 32 of the seventh paragraph and in article 34, the Patent 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 expiry of the time limit concerned and the extension of the paid 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.
36. 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 provisions of article 8, the 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 that this provision provides for article 28, first paragraph, and the publications are available to any person.
(6) for a fee Patent document shall be issued by the Board and copies of materials and registry news statements to the extent provided for in this article.
(7) the Court of Justice and institutions of inquiry shall be entitled to inspect any design application and registration documents and materials.
37. article. The fee for filing an application, the registration of the design, publication and other requirements in these regulations with the legal protection of designs related activities to pay the State fee. Fees shall be determined by the Cabinet of Ministers.
Chapter VII termination of registration of a design of article 38. For registration of a design the early deletion by owner initiatives (waiver of registration) (1) the owner of a design may seek to delete the registration of the design before the registration of the design end of the period of validity. If the Patent application received by the Board and paid the prescribed fee, the registration of the design with the owner of the specified delete days, 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) the application for registration of the early deletion that do not cover all the complex designs contained in the registration, the provision in the second paragraph of article 28 of 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 registration before the deadline can only be deleted by the licensee or the owner's written consent.
(4) If a person has submitted a claim to the Court to restore the rights to design, before the date of registration of a design does not delete without that person's consent.
39. article. Recognition of registration of a design be declared invalid (1) the registration of the design with the judgment of the Court of Justice may be declared invalid in any of the provisions of article 15 of the situations provided for in the first subparagraph.
(2) subject to the provisions of article 15 of the second, third and fourth subparagraph limits, requirements for the registration of a design of Declaration of invalidity may be submitted by any person, including professional associations, manufacturers, traders or providers of services, as well as associations of organisations and institutions whose task is consumer protection or competition.
(3) a claim for invalidation of the registration of a design the void if there is justification, respectively, may be submitted throughout the period of validity of the registration, as in the case of a counterclaim for infringement of the design. The registration of the design may be declared invalid (not the former) upon expiry of the period of validity of the registration or registration deleted by the owner of the design initiative.
(4) an action for invalidation of design registration invalidity may apply both to all registrations, but also to complex registration includes individual designs apart from other designs.
(5) if the Court finds grounds for recognition of the registration of a design of void, a design be declared invalid by the date of registration. The final judgment of the Court of the legal consequences of being assessed in accordance with the provisions of article 16 of the first, second and third.
(6) If, under this provision of article 16 of the fourth part of the grounds for recognition of 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.
(7) the benefit of the Party adopted the judgment of the Court of Justice, it shall submit a copy of the Patent Board, which shall carry out the appropriate entry in the register and published in the Official Gazette of the Patent Office in the notification of invalidation of design registration invalidity (fully or partially) or change of residence.
40. article. Delete the registration of a design due to its expiry of validity (deletion of the registry) (1) delete the Board of patents and registration of a design shall be deleted from the register, if the current design of the validity of the registration period of five years and an additional period of six months for the renewal of registration, but the registration is not renewed in article 34 of these rules in the order, or the validity of the registration of the design for the final 25 years.
(2) the registration of the design, which is not renewed or has expired the final date of validity, be deleted from the register as of the date of the registration of the design for the period of validity. 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 VIII the design as an object of property article 41. The ownership of design in nature

(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. As far as these rules provide otherwise, this right is subject to the General rules on movable property and property transactions. With design-related economic rights can be sold, in whole or in part to another person (the transferee), gifted or otherwise include civil circulation, they can inherit or acquire the right of succession.
(2) two or more persons relating to the joint ownership of designs governed by mutual agreement. Where such contract has not been concluded, each of the co-owners of the design can be used at their discretion, dispose of their supposedly also part. All designs to dispose of or to grant a licence to another person may be carried out only in accordance with the agreement of all co-owners or through a court decision.
(3) the designs contained in a multiple application or registration may be complex, the license or otherwise include civil circulation independently from each other.
(4) 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 the Court enforces the requirement for the renewal of the design, it may also require that the license granted above and other design burden be considered unenforceable, so far as they do not apply to the successor or conditions levied unwarranted duties.
Article 42. Design of transfer to other parties (1) the owner of a design is entitled to transfer 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 Exchange (also on the transfer of the design to another person) upon the application of the law of identity document and transition certain fees for receiving Patent Board shall be entered in the register 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 contract of transfer of the design in relation to third parties shall take effect on the day when news of the surrender of the Patent is published in the Official Gazette of the Board. While the transfer is recorded in the register, the successor in title (the new owner of the design) may not invoke the rights arising from the registration of the design.
(4) If the transfer of the registration of a design to another party (the owner) do 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 33 of these rules 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 decision on the registration of the design making the Patent Board, upon the application of the law of transition and specific identity document fees the Patent applicant received the Board changes as take into account the application of the amendment of article 25 of these regulations 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 in the application of article 26 of these regulations.
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 contract does not directly determine otherwise, the license is considered simple.
(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 upon submission, the parties and the rights licensed identity document and the receipt of the fee set out in the Patent Board shall be entered in the register and published in the Official Gazette of the Patent Office by sending a notice to the parties of the entries made in the register. Application for registration of the licence in the following order, filed before the registration of the design, the Patent Board having regard to the date of registration of the design.
(7) the register shall include and also publishes news about the license contract expiration and on the amendment of the license terms when they announced in the Patent Office. Details of the license agreement before the expiry of the original deadline or of any amendment to the license terms included in the register and shall be published, if the application is accompanied by a document evidencing the change.
(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 accurate, cannot be a ground to challenge the right of the licensee to join infringement case concerning the design, or the right to receive compensation for the losses that it incurred in connection with the licensed illegal use of the design.
44. article. The open Design of the license holder 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 in certain fees. If the open licence is withdrawn, the fees paid in full. If the parties concerned cannot agree on open license terms of use, the Court may determine.
Chapter IX 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 9), the designer is entitled to go to court, on the basis of the provisions of the Civil Code relating to personal injury.
(2) in the cases specified in the law, the perpetrators called to criminal liability.
Article 46. On the design of national restoration (1) a Person who in accordance with the provisions of article 8, the first, second, or third part has the right to design and relevant evidence, may sue to put it right on the registration of a design application or registration if the registration of a design applied to a person who had no right, or if registration has already performed such persons.
(2) If a person in accordance with the provisions of the second subparagraph of article 8 are entitled 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 part of said right be used throughout the design registration in force.
(4) the application of a complex or complex case, the requirement of registration for the renewal of the law may also apply to a number of individual designs or designs apart from other designs.
(5) the Person who submitted a claim in the Court of the restoration on the design, shall forthwith notify the Patent Office. If the claim raised before the design due to registration officially published or otherwise disclosed to the public, the Patent Office, the Court and the parties respect the confidentiality necessary for nature of the design.
(6) the party whose right accepted judgment of the Court of Justice, it shall submit a copy of the Patent Board, which changes in ownership and other changes resulting from the judgment, 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 rights have not been respected, the designs also use other legal or statutory legal means.
47. article. Warning for exclusive rights

(1) the registered owner of a design and, with his consent, the person who design used with permission of the owner (the licensee), has the right to label products in which the design is incorporated, or implemented with a warning label: circle the letter D, or contain 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.
(3) If the owner of a design has reason to believe that the person violating his exclusive rights, he may warn of possible infringement.
48. article. Illegal use of the design (the infringements of the design) (1) on the illegal use of a design shall be considered the owner of the exclusive rights in a design infringement, that is, the use of the design that the second paragraph of article 10 the meaning without the owner's permission, if it had occurred in the registration of industrial designs in force.
(2) in determining whether a transaction qualifies as exceptional tiesībupārkāpum, take account of activities with products whose outer appearance refers to the legal protection of a registered design (article 11), and, where appropriate, at the first part of this article, the rules follow that rule 12 of the rules on exclusive rights limits, as well as provided for in article 13 of the law of iepriekšlietojum, if the defendant proves.
49. article. Responsibility for illegal use of the design (1) responsibility for illegal use of the design of the stand in the case under article 48 of these rules has proven the fact of infringement of the design. To prove the fact of the infringement is the injured party (the owner of the design or the licensee).
(2) the Court of Justice 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 claim is not submitted, despite the fact that the licensee, in writing, invited her to do so. Any relevant design licensee is entitled to intervene in the case and to seek damages that resulted from the licensed use of the illegal designs.
(3) a Person against whom a claim raised 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 article 39 of these regulations, it 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.
(4) if the fact of the infringement of the design is proven, the injured party may request that the Court depending on the offender's degree of fault and the consequences of the infringement judgment on one or more of the following measures (sanctions): 1) design of the use of illegal and ban the use of the resume;
2) design due to the use of unlawful damage (not for profit);
3) cover the costs, including the cases provided for in the law of costs, as well as conduct the representatives ' fees.
(5) judgment of the Court of Justice may establish measures in infringement of the design for future prevention, 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 these articles do not return in economic circulation and causes no significant 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 requirement of funds even if claim has property in nature (not required for damages).
(7) if the design infringement committed intentionally or with malicious intent, "the convicted person to legal liability.
(8) Notwithstanding the provisions of this article and article 48 of these requirements, the requirements for design right infringement can also be based on the provisions of the copyright law and the provisions of the laws on unfair competition.
50. article. The dispute jurisdiction (1) the dispute related to the design of regulatory civil court regulations. The labour dispute between the designers and employers look for in labour law.
(2) the courts of the Republic of Latvia shall have jurisdiction in disputes concerning the authorship of the design: 1) and the other designer's personal rights;
the owner of the design 2) (on the right of the design);
3 for the owner of a design exception) and property rights violations;
4) on design and use of contracts, also in the case of contracts for the use of the design by the employer, if the design is owned by the employee;
5) for consideration related to the creation and use of industrial designs;
6) for consideration of the distribution between the designers;
7) on iepriekšlietojum rights;
8) for invalidation of design registration void.
(3) the District Court has only such this under consideration referred to in the second subparagraph of article disputes: 1) on the right of a registered design (on the right);
2) for invalidation of design registration void.
(4) only the District Court as the Court of first instance to examine such a agrees: 1) to the dispute about the authorship of the design;
2 the owner of a registered design) for a finding of infringement, liability in connection with the infringement of a registered design, measures for protection against the owner of a registered design rights;
3) on iepriekšlietojum rights;
4) on license agreements.
(5) the jurisdiction Dispute General provisions on proceedings before the courts of jurisdiction.
51. article. Deadlines for the submission of a claim in so far as these rules or other laws and regulations provide otherwise, the claim may be submitted to the Court throughout the validity of the registration of a design.
Chapter x international registration of industrial designs article 52. The applicant, the owner of the design and the Patent Board's 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, pursuant to these rules, design protection provided the conditions (article 1, paragraph 1, 3, 4, 5, 6, and 7), 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 designs rules to evaluate this article 24, 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 53 in the fifth), if adopted, for the appraisal or the decision of the Board of appeal, or the judgment of the Court of Justice, to which the international registration is completely or partially recognized void in Latvia.
53. 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 that designs included in the register in accordance with the procedure laid down in these provisions (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) The rules laid down in article 31 of the objection to the international registration of industrial designs entry into force Latvia submitted within six 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 refused in accordance with the provisions of the first subparagraph of article 24 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 is entitled to submit to the rules provided for in article 29 of the appeal (in response to the opposition).
(6) the appeal and the opposition before the Board of appeal in accordance with article 32 of these rules, if the design of the international registration rules provide otherwise.
(7) the international registration of industrial designs in force in Latvia this article 34 of the rules laid down in the first subparagraph, if the maximum term of registration is duly restored the rules of the international registration.
Transitional provisions 1. With the entry into force of these provisions force lose Design Protection Act (Republic of Latvia Supreme Council and Council of Ministers rapporteur, 1993, no. 22).
2. The provisions of article 6, paragraph 2 and article 12 quarter shall enter into force on 1 May 2004. Transition: a) design as to novelty and individual character detection under this rule to article 4 and 5 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 discovered in Latvia;
(b)) the exclusive rights without prejudice to the actions on the article in which the implementation or design included within the scope of protection of the protected design, when this economic circulation of the products in Latvia in the same protected design, the owner or another person with his consent.
3. Chapter X of these rules 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. The provisions of article 18, first paragraph, which in one multiple application allows 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 a Patent before the entry into force of these regulations, apply to the designs of procedures for issuing patents and patentability and redress provisions that were in effect when the design application was filed.
6. a design patent, issued in accordance with the 4 May 1993, the design protection act and is in effect, with the entry into force of these rules for use and protected according to the procedures laid down in these provisions. The legal protection of industrial designs and the amount of the claims of the patent, the exclusive right shall be treated as specified in these provisions for the protection of industrial designs and rights, taking into account their pictures and product samples, in accordance with the submission of the relevant application rules in force at the time considered part of the application.
7. Design patents that the date of entry into force of the provisions in force or in operation in less than six months before the entry into force of this provision, the duration may be extended to those rules specified 25-year period, with the necessary changes to the application of this provision in article 34.
Prime Minister i. Emsis, Minister of Justice v. höche Editorial Note: rules shall enter into force on 15 April 2004.