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Legislative Implementation of Flexibilities - Latvia

Title:Section 11 of the Patent Law of 15/02/2007
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Section 11. Secret Inventions

(1) If an invention affects the interests of State defence, it shall be secret and it shall be registered by the Ministry of Defence, according to the procedures specified by the Cabinet.

(2) The condition for the utilisation of a secret invention, as well as compensation for the utilisation thereof shall be determined by the agreement between the inventor and the Ministry of Defence. If the parties fail to agree regarding the compensation, it shall be determined by a court, according to the procedures specified by the Civil Procedure Law.

(3) The patent application in relation to the invention, which is referred to in Paragraph one of this Section, may be submitted to the Patent Office, after the receipt of the relevant permission from the Ministry of Defence.