The Primekss group company Primeteh is the holder of Latvian and European patents for an invention for composite concrete for laying floors and base slabs, which allows the installation of ultra-thin seamless floors that retain the same load-bearing capacity as traditional floors. In total, the invention has been patented in 47 countries around the world, including the United States of America, Canada, China, India and others.
Upon learning that the invention patented by Primeteh may be being used in the construction of a site at Ulbrokas Street 48, Riga, Primeteh applied to the court for interim relief before bringing the action – a prohibition on two construction companies providing services involving the laying of composite concrete floors or seamless floors, including at the site in question.
On 11 May 2022, the court granted the request of AS Primeteh to allow a bailiff to visit the construction site to record the facts. After inspecting the site, the bailiff found the production and use of concrete corresponding to the composition of the invention in the construction of the floor.
On 5 July 2022, based on the evidence obtained, the court concluded that there is prima facie reason to believe that both construction companies are infringing Primekss’s intellectual property rights and the request to prohibit the use of this concrete formulation on the site was granted. The court decision means that flooring works on the site using the technology in question have been suspended for the duration of the litigation/proceedings. The construction companies can appeal the decision to a higher instance.
In addition, a civil case has been initiated in the Vidzeme District Court, in which the infringement in substance will be decided, as well as the issue of compensation for damages.
This court decision is an important precedent as it sends a signal to innovative companies that intellectual property rights are effectively protected in Latvia and that no company, regardless of its market position, has the right to use patent-protected innovations without a licence.