WORLD TRADE
ORGANIZATIONIP/N/6/LVA/1
11 June 1999
(99-2348)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Latvia
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have juri sdiction over IPR infringement cases.
District (City) courts have jurisdiction over all cases except cases which are within the
competence of regional courts in accordance with the Law. Regional courts have jurisdiction over
cases on Patent Law and Trademark Law infringements.
2. Which persons have standing to assert IP Rs?  How may they be represented?  Are there
requirements for mandatory personal appearan ces before the court by the right holder?
There are no requirements for mandatory personal appearances before the court by the right
holder.  Natural persons have standing to assert IPRs themselves or by an authorised representative.
Legal entities are represented in the court by officials acting within the limits of their power as
provided by Law, statutes or regulation or by other authorised representatives.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
Each Party shall prove the facts to which reference is made as a basis of its own claim and
objection. Claimant shall prove its claim. Defendant shall prove foundation of  its own objections.Evidence shall be submitted by the Parties or by other participants in the case. If it is not possible for
the Parties to obtain necessary evidence, the court shall demand it itself at a Party’s request. If the
court adjudges that there is not sufficient evidence with respect to facts indicated by some of the
Parties, it shall inform the Parties about it and fix a time period for submitting evidence, if necessary.
4. What means exist to identify and protect confidential information brought forward as
evidence?
It is possible in accordance with motivated court decision to hear a case in closed session in
order not to disclose confidential information of case participants as well as to protect State, adoption,duty, professional, manufacturing and commercial s ecrets. The case shall be heard in closed session
taking into account all regulations of proceedings.
                                                     
1 Document IP/C/5.IP/N/6/LVA/1
Page 2
5. Describe the remedies that may be ordered  by the judicial authorities and criteria,
legislative or jurisprudentially, for their use:
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infr inging goods and materials/implements for
their production;
- any other remedies.
Participants of a case shall be ordered to the court by subpoena. Also witnesses, experts and
interpreters shall be ordered to the court by subpoena. The court shall be entitled to use such
procedural sanctions as warning, banishment from court room, fining, bringing to the court under
constraint in cases specified in Law. Participants of case and other persons which with their action or
inaction are disturbing work of the court can be put on administrative and criminal trial in casesspecified in Law in addition to Law’s procedural sanctions.
The court shall specify the amount of damages in making a judgement (including recovery of
profits and expenses, including attorney’s fees). The court shall award to the Party in favour of which
the court judgement is made all the costs paid by the other Party. Claimants are exempted fromcovering the costs to State incomes in the following cases – claim on losses arisen as a result of
criminal dealing and claims on compensating moral prejudice.
The court shall determinate who shall perform what actions and in what time period
(including destruction or other disposal of infringing goods and materials for their productions) injudgement which binds to perform certain actions. In making a judgement which binds a defendant to
perform certain actions which are not related to transmitting money or things, the court can indicate in
judgement that in case if defendant fails to serve a writ in specified time period claimant shall be
entitled to perform these actions on defendant’s count surcharging after all the necessary costs.
6. In what circumstances, if any, do judicial authorities have the au thority to order the
infringer to inform the righ t holder of the identity of third persons involved in the
production and distribution of the goods or services found to be infringing and of their
channels of distribution?
There are no such provisions in Latvia.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.  To
what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
The defendant shall be entitled to claim repayment of costs arisen from provisional measures
if the claim is rejected. If there is a basis to consider that the performance of  judgement can be
troubled or impossible, the court or a judge can take a decision about provisional measures after
receiving motivated notification from claimant. Provisional measures are allowed only in cases the
object of which is property. Approving a notification on provisional measures prior to initiation, a
judge can enjoin a possible claimant to provide costs that can arise to defendant due to provisionalmeasures charging him to deposit a certain amount of money on the account of  a bailiwick.
A sentence can be appealed against in appellant instance court as well as in cassation order. If
the court satisfies partly or completely a claim on reversing judgement of first instance, the court shallIP/N/6/LVA/1
Page 3
indicate in a judgement how defendant’s losses will be indemnified. Special Law regulates the
indemnification of losses arisen as a result of  illegal action carried out by investigator, judge or
public prosecutor, but it refers only to cases of depriving oneself’s freedom.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Proceedings are carried out in time periods specified in Law. If the time periods of
proceedings are not specified in Law, these are fixed by court or judge. The time period fixed by court
or judge shall be possible to perform.
Judicature costs are costs of court and costs related to bringing a case. Costs of court are State
duty, chancellery duty and costs related to hear a case. Costs related to hearing a case are costs for
sworn solicitor, costs related to attending court’s meetings, costs related to collection of evidence.
State duty is from 5 to 2.440 LVL2 plus 0.05 % from amount of claim not exceeding 500.000 LVL
depending on estimation of claim. Chancellery duty is from 0.5 to 5 LVL for each action depending
on type of performed action.
There are no statistics in Latvia about the costs of court proceedings, especially in the area of
intellectual property rights. The length of procee dings is usually six months depending on court and
other circumstances, but  the maximum length is not limited. If one of the Parties is a foreign resident,
then hearing a case is appointed only after four months.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to  any administrative procedures on the merits
and remedies that may result from these procedures.
If the Competition Board establishes unfair competition practices having expression as
violation of intellectual property rights, it binds with its decision the respective market participant to
discontinue the violation. Simultaneously, it can take decision regarding surcharging money to the
State budget from the respective market participant to the extent of 5% from financial turnover of last
year. It can take decision on bringing on administrative trial guilty natural persons (officials).
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
If there is basis to believe that execution of court’s judgement in a case could become
troubled or impossible, the court or judge after receiving claimant’s motivated notification can take
decision on provisional measures. Provisional measures are allowed only in cases object of which isproperty. Means for provisional measures are the following:
- seizure of funds or personal belongings of defendant;- enrolment of proscription mark in the Register of personal things;- enrolment of claim’s provision mark in the Land Register or in the Pledge Register;
                                                     
2 Exchange rate – 1 LVL – 1.7 USDIP/N/6/LVA/1
Page 4
- arrest of a vessel;
- proscription for defendant to perform certain activities;
- proscription for other persons to transfer defendant’s funds or other property to
defendant or to any other person (seizure of defendant’s funds or personalty being in
possession of third persons);
- arrest of  executive correspondence or selling of property.
11. In what circumstances may such measures be ordered inaudita altera parte ?
The court or judge shall take decision on provisional measures no later than the next day after
receiving notification without prior notifying defendant and other case participants. If the decision
about provisional measures has been taken without presence of a case participant, the time period
starts running from the day when he has received this decision.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
Decision on provisional measures shall be executed immediately after its adoption. Court’s
judgement on provisional measures shall be communicated to defendant or to respective third person
against signature or sending by registered mail. The court or judge after receiving claim participant's
notification can replace the provisional measures with another kind of provisional measure. It is
decided in the court on this notification or reversal of notification of provisional measures, given theprior notification of participants of a case. The court or judge can allow defendant instead of
provisional measures to deposit the amount of the claim on the account of  a bailiwick.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
If the claim is rejected, the provisional measures are maintained until the day when the
judgement comes into legitimate force. If decision on provisional measures is has taken prior to
initiating of claim and the claim has not initiated within time period specified by court, judge after
receiving defendant’s notification takes decision on deposition of provision. State duty for claim on
provisional measures is 10 LVL.  The amount necessary for covering costs of provisional measures
shall be deposited until the case is brought on trial by the Party making such a request.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
In accordance with Article 204 (6) of the Code of  Administrative Offences the use of copyright
objects without a licence shall be penalised by fining up to 250 LVL.
In accordance with Article 204 (4) of the Code of Administrative Offences the violation of
registration regulations of films as well as distri bution (selling or renting for public exhibition) of
unregistered films shall be penalised by fining  up to 150 LVL with or without confiscation of
unregistered films. Repeated violation of these regulations within one year after administrative
penalising shall be penalised by fining up to 250 LVL with or without confiscation of unregistered films.IP/N/6/LVA/1
Page 5
These administrative violation cases are under jurisdiction of District (City) courts (see above the
section on Civil judicial procedures and remedies).
The court sentences on confiscation of unregistere d films shall be served in a writ by District
(City) Marshals.
Special Requirements Related to Border Measures.
15. Indicate for which goods it is possible to  apply for the suspension by the customs
authorities of the release into  free circulation, in particular whether these procedures are
available also in respect of goods which invol ve infringements of intellectual property
rights other than counterfeit trademark or  pirated copyright goods as defined in the
TRIPS Agreement (footnote to Article 51).  Specify, together with relevant criteria, any
imports excluded from the application of su ch procedures (such as goods from another
member of a customs union, goods in transit or de minimis  imports).  Do the procedures
apply to imports of goods put on the market in  another country by or with the consent of
the right holder and to goods destined for exportation?
Customs authorities shall suspend the release of all kind of goods in free circulation if these
goods correspond with description of counterfeit or pirated goods submitted in Customs Board of State
Revenue Service by right owner according to the procedure specified in normative acts.
The Republic of Latvia is not committed by international laws or otherwise not to inspect goods
of a Customs Union member state orig in, being in transit or in other cases if these goods are subject to
general inspection procedure.
Goods which are exported shall be also subject to the procedure.
16. Provide a description of the main elements of  the procedures relatin g to the suspension of
the release of goods by customs authorities,  in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of susp ension (Article 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the goods)
and 57 (right of inspection and information) been implemented?
The owner of copyrights, neighbouring rights, trademarks, industrial design, indications of
geographical origin protected in Latvia or its author ised person shall submit to the Customs Board of the
State Revenue Service a written application if he be lieves that his rights are infringed by release of
counterfeit or pirated goods in free circulation.
The Customs Board shall carry out such measur es providing security or other equivalent
assurance as provided by the Customs Law.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the compet ent authorities for the suspension of the relea se of goods into free
circulation?
If the Customs Board acknowledges an application of right owner as legitimate, it shall fix the
time period for performing necessary customs measures. This time period may be extended. If
application has not been submitted or has been recogn ised as not legitimate, but Customs authority have
legitimate suspects, release of goods in free circulation can be suspended until ten working days in order
to give possibility for owner of rights to prepare an  application. If the owner of rights after receivingIP/N/6/LVA/1
Page 6
announcement from Customs authority about detentions of goods does not submit claim to the court and
does not inform Customs authority a bout that within three working days , the goods shall be released in
free circulation when all custom formalities are comp leted. If owner of rights prepares an legitimate
application, the three working day time period can be prolonged up to ten working days.
18. Are competent authorities required to act upo n their own initiative and, if so, in what
circumstances?  Are there any speci al provisions applicable to ex officio  action?
Responsible officials currently are not entitled to have rights of initiation due to lack of
classification and experience of customs officials in dealing with intellectual property rights
protection issues.
There is a special provision in case when owner of rights fails to submit an application in the
specified time period. The State Revenue Service shall be entitled to act according to normative act’s
requirements and to take decision regarding goods being under legitimate suspects when
accommodating criteria specified in the Instruction of State Revenue Service as for counterfeit or pirated
goods.
19. Describe the remedies that th e competent authorities have th e authority to order and any
criteria regulating their use.
Customs authorities or other competent authorities in accordance with power assigned to
them by normative acts regarding actions in respect to counterfeit or pirated goods, shall not be
responsible for any losses or damages arising from these actions. Owner of rights shall cover such
costs himself, if he fails to verify that goods are counterfeit or pirated. If the goods are counterfeit or
pirated, the owner of them shall cover the costs.
If Customs authority starts suffering losses,  these shall be surcharged in accordance with
general order specified in Civil Procedure Law. In or der to ensure repayment of losses, the goods can be
suspended.
For the time being, the proposal on detaining vehicles transporting such goods is under
consideration. Vehicles shall be detained so far as necessary for secure storage of goods and reducing
costs as a result of factual situation of the concre te case. Goods shall be written down in accordance
with Article 10 of the Law “On State Revenue Service”. The Chief of State Revenue Service shall
take decision by virtue of special act about selling the goods in accordance with the procedure
specified in normative acts.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
            According to Criminal Procedur e Code (article 31) jurisdiction over criminal acts of
infringement of  intellectual property rights  is exercised by district and city courts.IP/N/6/LVA/1
Page 7
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
            Criminal Law provides criminal liability for such acts:
- Violation of invention rights (article 147):
- intentional disclosing of invention wit hout  the consent of its inventor and
before the filing of a patent, as well as appropriation of or authorship of
invention or coercing to concede jo int authorship (sentences shall be
incarceration for a period not to exceed three years of arrest, or monetary fine
not to exceed fifty minimum monthly wages);
- coercing an individual to disclaim his invention rights through the use of
violence or threat of violence or blackmail or coercing to concede joint
authorship (sentences shall be incarceration not to exceed five years or
monetary fine not to exceed hundred minimum monthly wages).
- Violation of copyright and related rights (article 148):
- intentional violation of a nother individual’s copyright or his associated rights,
when said act has occurred through violating the author’s rights of publicationor announcement and use, and violation of  the rights of owners of associated
rights (sentences shall be compulsory labour or  monetary fine not to exceed
sixty minimum monthly wages, with or without the confiscation of property);
- appropriation of authors rights, coercing an individual to disclaim his invention
rights through the use of violence or th reat of violence or blackmail or coercing
to concede joint authorship (sentences shall be incarceration not to exceed five
years or monetary fine not to exceed hundred minimum monthly wages, with
or without the confiscation of property).
- Unlawful actions with the objects of  copyright and related rights:
- obtaining material goods by using obj ects of copyright and related rights,
which are published, announced, performed in a public way or used in another
way  when said act violates copyright and related rights (sentences shall be
incarceration not to exceed two years or arrest or monetary fine not to exceed
eighty minimum monthly wages, with or  without the confiscation of property).
- obtaining, realisation, storag e or hiding of the objects of copyright and related
rights, which are published, announced, performed in a public way or used in
another way (sentences shall be compulsory labour or monetary fine not to
exceed forty minimum monthly wages, with or without the confiscation of
property).
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiati ve and/or in response to complaints?
According to the Criminal Pro cedure Code (articles 3 and 107) the court, public prosecutor and
investigative body (Police)  are responsible for the initiating criminal proceedin gs. Reasons for initiating
criminal case are:IP/N/6/LVA/1
Page 8
- a complaint from physical persons;
- complaints or submitted material from legal persons and officials;- admission of guilt;- information published in the press;- information on criminal act obtained by inve stigative body, prosecutor, court or judge.
A basis for initiating a criminal case is suffici ent information that a criminal act has been
committed.
23. Do private persons have standing to init iate criminal proceedings and, if so, who?
According to the Criminal Proce dure Code  (article 107) private persons cannot initiate criminal
proceedings themselves;  they can submit co mplaint to the above-mentioned authorities.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment
- intentional disclosing of invention w ithout the consent of its inventor and
before the filing of a patent, as well as appropriation of or authorship of
invention or coercing to concede joint authorship;
- appropriation of authors rights, coercing an individual to disclaim his invention
rights through the use of violence or th reat of violence or blackmail or coercing
to concede joint authorship;
- appropriation of authors rights, coercing an individual to disclaim his invention
rights through the use of violence or th reat of violence or blackmail or coercing
to concede joint authorship;
- obtaining material goods by using obj ects of copyright and related rights,
which are published, announced, performed in a public way or used in another
way  when said act violates copyright and related rights.
- monetary fines
- intentional disclosing of invention w ithout the consent of its inventor and
before the filing of a patent, as well as appropriation of or authorship of
invention or coercing to concede joint authorship;
- coercing an individual to disclaim his invention rights through the use of
violence or threat of violence or blackmail or coercing to concede joint
authorship;
- intentional violation of another indivi dual’s copyright or his related rights,
when said act has occurred through violating the author’s rights of publication
or announcement and use, and violation of the rights of owners of related
rights;IP/N/6/LVA/1
Page 9
- appropriation of authors rights, coercing an individual to disclaim his invention
rights through the use of violence or th reat of violence or blackmail or coercing
to concede joint authorship;
- obtaining material goods by using obj ects of copyright and related rights,
which are published, announced, performed in a public way or used in another
way  when said act violates copyright and related rights;
- obtaining, realisation, storag e or hiding of the objects of copyright and related
rights, which are published, announced, performed in a public way or used in
another way.
- seizure, forfeiture and destruction of  infringing goods and materials and
implements for their production
- according to the Criminal Law it is pos sible to confiscate property for such
criminal acts:
- coercing an individual to disclaim his invention rights through the use
of violence or threat of violence or blackmail or coercing to concede
joint authorship (sentences shall be incarceration not to exceed five
years or monetary fine not to  exceed hundred minimum monthly
wages);
- intentional violation of another i ndividual’s copyright or his related
rights, when said act has occurred through violating the author’s rights
of publication    or announcement and use, and violation of the rights of
owners of related rights;
- appropriation of authors rights, coerci ng an individual to disclaim his
invention rights through the use of  violence or threat of violence or
blackmail or coercing to concede joint authorship;
- obtaining material goods by usin g objects of copyright and related
rights, which are published, announced, performed in a public way or
used in another way  when said act violates copyright and related
rights;
- obtaining, realisation, st orage or hiding of the objects of copyright and
related rights, which are published, announced, performed in a public
way or used in another way (sentences shall be compulsory labour or
monetary fine not to exceed forty minimum monthly wages, with or
without the confiscation of property).
-o t h e r
- Compulsory labour for:
- intentional violation of another i ndividual’s copyright or his related
rights, when said act has occurred through violating the author’s rights
of publication  or announcement and us e, and violation of the rights of
owners of related rights;IP/N/6/LVA/1
Page 10
- obtaining, realisation, st orage or hiding of the objects of copyright and
related rights, which are published, announced, performed in a public
way or used in another way.
- arrest (incarceration  from three days to six months)  for:
- intentional disclosing of invention without  the consent of its inventor
and before the filing of a patent, as well as appropriation of or
authorship of invention or coerci ng to concede joint authorship;
- obtaining material goods by usin g objects of copyright and related
rights, which are published, announced, performed in a public way orused in another way  when said act violates copyright and related
rights.
25. Describe provisions governing the length a nd any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
There are no such statistics in Latvia about the costs and length of criminal court proceedings,
especially in the area of intellectual property rights.
__________