In accordance with provisions of Civil Procedure Law, only expenses related with the receipt of legal help from the attorney at law may be recovered, namely, if legal assistance is provided by other legal professional, who is not admitted to the local bar association, such expenses cannot be recovered.
Moreover, in accordance with the recent amendments into Civil Procedure Law, in a cassation instance person may only represented itself or be represented by an attorney at law. Currently there is a working group discussing and developing further amendments to the Civil Procedure Law regarding introduction of even more restrictions on the representation rights in civil court proceedings. Some of the proposals foresee that also in the second instance court person will be entitled to either represent itself or be represented by an attorney at law.
At the same time foreign persons shall be represented by a patent attorney in their relations with the local industrial property office (Patent Office), including the proceedings, where decisions of Patent Office are appealed and/or oppositions against registration of industrial property objects are filed to Appellation Council of Patent Office. According to the new Industrial Property Institutions and Procedures Law, that is expected to be adopted any time now, decisions of Appellation Council may be further appealed in civil court.
In a recent judgement the Higher Court of the Republic of Latvia, explained that the legal help provided by the patent attorney cannot be equated to the legal help provided by the attorney at law. Accordingly, person, represented in IP matters by a patent attorney, who is not an attorney at law, will not be able to recover the expenses for legal assistance.
However, it shall be further indicated that the amount of the expenses for legal assistance that may be recovered is limited by Civil Procedure Law. For example, for claims that are not monetary (such as claim for annulment of trademark registration etc.) the maximum amount of legal expenses that may be recovered is 4275 euro for the entire proceedings.