An annual regional seminar for judges and other representatives of the justice system organised by the Latvian Patent Office (LPO) in Jelgava on September 9 and 10 discussed the trends that are having an increasing impact on the protection of intellectual property (IP) rights and also provided an overview of recent IP judgments in Latvia and the European Union.
Opening the seminar, LPO Director Agris Batalauskis emphasised that the IP field, like other spheres, is significantly affected by rapid changes that alter both judicial practice and regulation. Therefore, judges must continuously update their knowledge.
“In such a dynamic sector as IP, continuous education is not a luxury, but a necessity. This seminar ensures that judges are prepared for new challenges and complex cases. Their commitment to keeping up with the latest developments in the field is essential to ensuring a fair and efficient judicial system,” said A. Batalauskis.
The professionalism and active involvement of Latvian judges in the work of international organisations was particularly highlighted by Sven Stürmann, President of the Boards of Appeal of the European Union Intellectual Property Office (EUIPO), who emphasised the strategic importance of such training: “In the IP system, mutual trust, cooperation, and transparency are essential. Such seminar brings together different perspectives to better understand decisions and to learn from diverse experiences, as well as best practice from each other.”
The important contribution of judges to IP protection was stressed by Tobias Bednarz, Legal Counsellor at Copyright Law Division of the World Intellectual Property Organization (WIPO): ” Intellectual property is not an abstract concept – it is the engine of creativity and innovation. Judges, in turn, are the guardians of justice in this field, and their work is of great importance.”
Over the course of two days, international lecturers representing the EUIPO Boards of Appeal, the WIPO, the Boards of Appeal of the European Patent Office (EPO), and the University of Szeged informed seminar participants on specific legal proceedings and the reasoning behind the decisions, covering the issues of consumer deception, the likelihood of confusion of trademarks, the protection of weak trademarks, and marks consisting of a single letter. Judgments by Latvian courts, decisions of the Industrial Property Board of Appeal, and the interpretation of legal acts in specific cases were also discussed.
This year, judges and representatives of the judicial system were given the opportunity to analyse in more detail such concepts as upcycling, where intellectual property is created based on an existing protected work, and “pastiche,” where a new work is created by combining works by several authors. Such situations often give rise to discussions as to whether a newly created work is original or infringing on other authors’ rights.”
Continuing the tradition established in previous years, this seminar included group work, during which participants discussed various cases of trade mark registration and likelihood of confusion, determining in which situations registration should be refused and in which it may be allowed, and if there is the likelihood of confusion or not.
Judges from Lithuania, Estonia, Poland, and Ukraine shared current developments in the protection of IP rights in their respective countries. These presentations were followed by a concluding discussion, during which seminar participants debated specific dispute cases and shared their experiences on how they would be resolved in their own countries.
Since 2015, the seminar has been organised by the LPO in cooperation with the EPO, the EUIPO, and the WIPO.