Landmark Intellectual Property (IP) Protection Legislation to Take Effect in Latvia

Destruction of Puma and D&G perfumes in Riga, Latvia. 29 September, 2005

In the Baltics, momentum is slowly but steadily growing in support for Intellectual Property (IP) legislation adjustment and enforcement. Following many delays, Latvia's new Criminal Procedure Bill, which considerably increases the penalties and augments the enforcement mechanisms for IP protection, came into force on 1 October 2005.

The updated law comes at a critical time for IP protection in the Baltics — imports of counterfeit products have been significantly increasing and enforcement is now more difficult due to the open borders within the European Union.

The Criminal Procedure Bill, passed unanimously by Latvia's parliament, replaced the current ineffectual laws that have not been updated in over 40 years and ensured that Latvia meets international IP standards. Specifically, the new bill transfers the burden of proof in IP cases to the defendant, making the trials shorter and more transparent. In addition, an interagency IPR Coordination council will be created next year, in which CIPR is expected to play a large part.

The Latvian Justice Minister Solvita Aboltina praised the passage of the laws as a "historic moment" that will give law enforcement agencies a "modern and much more efficient instrument for fighting crime." Romans Baumanis, CIPR's representative to the Baltic States commented that, "this law should make criminal prosecution possible in practice. CIPR is working to ensure that the Ministry of Justice helps judges understand how to apply this new standards before they face the first cases in their court rooms."

CIPR has a long history of assisting the Baltic governments in improving IP protection and has worked with local and international officials in improving IP regulatory and enforcement standards to meet EU and WTO criteria. Additionally, CIPR has played an active role in many Latvian governmental advisory boards and councils, including advising the committee that drafted the new Criminal Procedure Law and the new Civil Procedure Law.

While the new legislation is an important advancement for Latvia, there is much to be done in the area of enforcement. Since 2004, CIPR has conducted a number of IPR enforcement programs in Latvia and Estonia in association with the SNB-REACT network. The number of successful enforcement cases is constantly growing due also to the cooperation and collaboration efforts of CIPR and State agencies such as the Police, Customs, State Revenue Service and Prosecutor's Office.

In past few months, important seizures of counterfeit sportswear, children toys, mobile phone accessories and batteries, designer clothes and cosmetics have been made. On 29 September, a major destrucion event was held in Latvia, where 6000 of Puma sport shoes and 500 fake D&G perfumes were destroyed. Additionally, a number of local producers of counterfeit products have been discovered and shut down. Since 2004 when the SNB-REACT collaboration began, the Latvian government has made great strides in improving IPR protection.

Published by the Coalition for Intellectual Property Rights
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The Coalition for Intellectual Property Rights (CIPR) is a private-public partnership dedicated solely to protecting and enforcing intellectual property rights in the CIS countries and the Baltic States. Through legislative initiatives and lobbying, coalition building, enforcement actions, public awareness, and opinion and economic research, CIPR assists governments and IP owners to establish transparent IPR regimes that adhere to international standards. For additional information, please visit the CIPR website at www.cipr.org or contact CIPR's Washington, DC or Moscow offices at +1 202 466-6210 (U.S.), or +7-095-775-0077 (Russia).