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National measures relating to the Unitary Patent, I. General, Latvia

Overview

I. General

Participating Member State
Validation/Extension states
Participating Member State Latvia

1Is there any measure accompanying the implementation of the Unitary Patent

Yes

2National measure

National Patent Law has been amended and entered into force on 22.05.202412.07.2021. The following amendments relating to Unitary Patents and the Agreement on a Unified Patent Court (UPCA) have been introduced:

  1. Sub-sections 101 and 15 have been added to the Section 1 defining the European patent with unitary effect and the UPCA:

    101) European patent with unitary effect - a European patent which has a unitary effect in the participating Member States in accordance with Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection;

    15) Agreement on a Unified Patent Court - an international agreement to which Latvia has acceded by the law On Agreement on a Unified Patent Court.

  2. Sub-section 1 of the Section 3 has been amended with reference to the scope of the UPCA: (1) The provisions of the Law regarding patents shall also apply to the filing of international applications and European patent applications of inventions, and also to the rights related to European patents, the validity, use and protection thereof, insofar as the provisions of the European Patent Convention and the Patent Cooperation Treaty or the Agreement on a Unified Patent Court or the special provisions of Chapters XI and XII of this Law regarding the filing of international patent applications, a European patent application and a European patent do not provide for otherwise.
  3. Sub-section 4 to the Section 65 has been added stipulating disputes which are subject to jurisdiction of the UPC under Article 32 of the UPC Agreement:

    (4) On the basis of Article 32 of the Agreement on a Unified Patent Court, the disputes shall be examined if they are based on:

    1) a European patent with unitary effect;

    2) a European patent regarding which the owner of the patent has not opted out from the exclusive competence of the Unified Patent Court during the transitional period provided for in Article 83(3) of the Agreement on a Unified Patent Court;

    3) a supplementary protection certificate issued for a product protected by the patent referred to in Clause 1 or 2 of this Section.
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