18 February, 2014
Having discussed recommendations developed by the Ministry of Justice on legal regulation regarding review of industrial property disputes, the Board of Justice considered proposal to review disputes on this property and appealed decisions of the Board of Appeal of the Patent Office under particular procedure in a court of general jurisdiction as that to be supported.
The Board of Appeal of the Patent Office (hereinafter – Board of Appeal) is a collegial decision-making institution established as a structural unit of the Patent Office for out of court examination of the disputes related to the patents, trademarks, designs and topographies of semiconductor products, and at present its decisions as administrative acts have been appealed against in administrative court. At the same time, it is possible to appeal against registration of industrial property in civil procedure, contesting registered right to industrial property at any moment of existence thereof under procedure of a claim or a counter-claim. Thus, as the Ministry of Justice indicates, there is ground for concerns regarding development of different case-law.
Taking into account the fact that in objection cases decision of the Patent Office on registration has not actually been contested, but right granted in accordance with that, the ministry points out – such disputes bear clear civil nature. That is why proposal, which was also supported by the Board of Justice is that review of disputes regarding all industrial property should be established in a court of general jurisdiction, however, under particular procedure, envisaging the Board of Appeal for Industrial Property (at present – the Board of Appeal of the Patent Office) to be mandatory institution for pre-trial review of disputes.
It is planned to introduce such regulation in the draft law “Industrial Property Law”.
The issue was reviewed in the sitting of the Board of Justice on February, 17
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211