Welcome to our latest newsletter, where we explore key legal developments shaping the Baltic region and beyond.

This edition covers significant changes in EU design law, offering businesses stronger protection for digital and industrial designs. In Latvia, intellectual property challenges arise as the success of the Oskar-winning animated film Straume fuels piracy concerns, while a new copyright debate surfaces over the use of a famous literary title in cinema. Lithuania sees landmark court rulings on TV format copyrights and patent disputes in the pharmaceutical sector. Meanwhile, Estonia hosts major discussions on intellectual property for startups, copyright protection in music, and the growing role of the Unified Patent Court.

Baltic-level news:

Latvia:

Lithuania:

Estonia:

Baltic-level news

Game-changing EU design reform

The new EU Design Directive (2024/2823) and EU Design Regulation (2024/2822) came into force on 8 December 2024. While member states have 36 months to transpose the Directive, the regulation applies immediately from 1 May 2025.

This legislation to improve industrial design protection reflects modern digital design practices. It brings about a number of changes, including: Expanded scope – the definition of “product” now includes virtual goods and digital assets, while “design” now explicitly covers animations, transitions and dynamic elements, reflecting the increasing role of digital and interactive content.

  • Enhanced enforcement – new rules target 3D-printing infringements and extend customs protection to counterfeit goods in transit.
  • Streamlined registration – applicants can file up to 50 designs in a single application, even if they fall under different Locarno classes, thus reducing registration costs.
  • Introduction of a repair clause – this clause clarifies that design protection does not extend to component parts of complex products used solely for repairing and restoring their original appearance.
  • Cultural heritage and copyright alignment – designs that misappropriate cultural heritage may be rejected, while parody, critique and commentary are now permitted uses.
  • Unregistered design rights – the requirement for first disclosure within the EU has been removed, expanding the scope of eligibility for unregistered protection.
  • Visibility and representation of designs – design protection now applies to features visible in application filings, even if they are not always visible in use.

These reforms provide stronger, more flexible protection for businesses and designers, adapting to modern digital realities.

Latvia

Success of Oskar-winning film Straume (“Flow”) sparks piracy and intellectual property challenges in Latvia

The animated film Straume (“Flow”) has quickly gained popularity, leading to an increase in pirated views as many seek to watch the film for free on illegal websites. The National Electronic Media Council (NEPLP) has emphasised the harmful economic impact of piracy, explaining that using pirated sites results in significant financial losses for the creators, who rely on legitimate platforms like cinemas and streaming services to generate revenue and cover production costs.

To address this emerging issue, recent amendments to the Copyright Law have entered into force. Websites hosting copyrighted content without authorisation can now be blocked. The NEPLP has been granted the authority to monitor and take action against the illegal use of copyrighted content online, including by blocking access to websites that commit infringements.

In addition to piracy, there has also been a rise in intellectual property violations related to the film, particularly concerning its popular cat character. Unauthorised attempts to profit from the character, such as creating and selling unlicensed merchandise, have caused further problems for the film’s creators. The Straume team has emphasised that this character is protected by copyrights and trade marks, warning that these infringements could result in legal consequences.

As the film’s popularity continues to grow, so does the challenge of protecting its intellectual property. The increase in illegal distribution and unauthorised merchandising highlights the need for stronger enforcement of intellectual property rights laws in order to safeguard creators’ rights and prevent further exploitation.

Newly released film sparks debate on respect for intellectual property rights in Latvia

A debate has recently erupted in Latvia over intellectual property rights, sparked by the release of the new vampire film Mūžības skartie (“Touched by Eternity”). The film shares its title with the well-known Latvian literary work Mūžības skartie by the poet Aleksandrs Čaks. While the film’s director argues that the title is symbolic and unrelated to Čaks’ work, members of the public in Latvia have raised concerns, arguing that such titles are cultural symbols that should not be used lightly. Although in this case the economic rights of the author have already expired, the moral rights remain in effect indefinitely, and the author’s successors could still enforce these rights.

This controversy also raises broader concerns about the treatment of copyrighted cultural works. The issue extends beyond cinema, as Latvian theatre companies often use famous foreign animated characters, such as Shrek and Winnie the Pooh, without obtaining the proper permissions. These characters are frequently used in local performances aimed at children, potentially violating intellectual property rights.

While Latvian intellectual property law is aligned with European Union regulations and international agreements, enforcement is inconsistent. The responsibility to ensure fair use of intellectual property largely falls on creators themselves, who often lack the resources or support to protect their works from unauthorised adaptations.

Lithuania

In this case, a Lithuanian court for the first time established criteria as to when a TV programme format can be considered an original work protected by copyright.

The District Court of Vilnius examined a case concerning possible copyright infringement of a TV programme format. The plaintiffs argued that the defendant, Lithuanian National Radio and Television, had violated their copyrights by broadcasting a musical project, “Musical Sounds”, which was identical to a project by the plaintiffs proposed for LRT in a 2020 competition.

The court came to the decision that the defendant LRT had not infringed the plaintiff’s copyright because the TV show format under discussion is not original and is well-known around the world.

Of course, this is not the final decision of the court and it can be appealed.

Lithuanian Court of Appeals defines criteria for interim measures in drug patent cases

The Lithuanian Court of Appeals examined three cases concerning the application of interim measures in drug patent disputes. In its rulings, the court explained the conditions under which such measures can be applied in drug patent cases, including a condition related to urgency.

In Lithuania, interim measures in patent cases may be granted if the following conditions are met: (1) there is sufficient reason to suspect infringement; and (2) there is a need to prevent imminent unlawful actions, urgently terminate ongoing violations, or ensure the enforcement of a final court decision.

A critical aspect of the second condition is urgency. Among other things, the courts assessed this condition and ruled that urgency is evaluated according to the date the drug (that is allegedly infringing a drug patent) was registered with the European Medicines Agency (EMA), rather than the date that distribution of the drug. Consequently, pharmaceutical companies that sought interim measures one to three years after the registration of an allegedly infringing drug were denied such protection. The court came to the conclusion that in such cases the patent owner is required to act faster.

These decisions demonstrate that timely action is important to patent owners seeking the protection of their patent rights.

Estonia

Highlights from sTARTUp Day

Sorainen was delighted to participate in sTARTUp Day, one of the leading startup festivals in the Baltics. Our experts shared valuable knowledge through insightful seminars, helping startups navigate key legal challenges.

Olivia Kranich and Oliver Kuusk led a seminar on how strategic IP management can increase a startup’s valuation. They covered key IP fundamentals that investors consider when evaluating startups and highlighted critical IP issues to address before fundraising.

Eva Lennuk and Kevin Piho conducted a session on selecting the most suitable fundraising model. They explored different models used by startups, offering guidance on how to choose the best approach to shape investor relationships and profit-sharing dynamics.

Additionally, Vladislav Leiri and Helery Maidlas shared their insights on why startups should prioritise trademark protection from the very beginning, in an article available here.

Sorainen remains committed to supporting startups with expert legal advice to help them grow and succeed!

Olivia Kranich and Gerli Gritsenko shared key takeaways from the recent legal dispute involving Ivar Must and the Eurovision-winning song “Everybody”. They emphasised that:

  • Permission from the author is key – using, modifying, or rearranging a musical work requires explicit consent from the author.
  • Understanding licence scope is important – always verify whether a licence covers performance, recording and distribution rights.
  • Copyright infringement has consequences – authors have the right to claim compensation if their work is used unlawfully.

For more details, read the full article (in Estonian) here.

Additionally, Marian Moldau recently discussed the challenges of protecting copyright in the context of AI development, following the UK government’s proposal to allow companies to use authors’ works for AI training without their consent. This provoked a backlash from artists such as Ed Sheeran, Dua Lipa and Elton John, along with the release on Spotify of an entirely silent album, Is This What We Want?. This response sparked conversations regarding the rights and interests of Estonian authors as well.

Check out the interview (in Estonian) here.

Sorainen at the Unified Patent Court in Stockholm

Katariina Kuum had the exciting opportunity to attend a hearing at the Nordic Baltic Regional Division of the Unified Patent Court (UPC) in Stockholm, Sweden. As a new and innovative court, the UPC aims to provide a centralised platform for resolving patent disputes across Europe, making it a significant development in the IP world.

By accompanying Judge Kai Härmand, Katariina gained invaluable insights into the complexities of patent law, particularly in the field of medical devices. The hearing focused on advanced technology, including transcatheter aortic valve replacement, showcasing the intersection of IP law and cutting-edge innovations.

This demonstrates Sorainen’s ongoing commitment to strengthening our expertise and know-how in the field of UPC, ensuring that we remain at the forefront of patent litigation and continue to offer our clients the best guidance and support in this evolving area.

Our international Intellectual Property team is at your disposal, should you need advice on any legal issues you are facing.

Subscribe here if you would like to receive newsletters and invitations to webinars and offline events.