Since independence from the Soviet Union in 1991, Belarus has been engaged in the establishment of their own country's intellectual property system. Through years of effort, Belarus already has a comprehensive Intellectual Property Protection system. Copyrights, patents and trademarks are well protected. Currently, Belarus has become the member of all major international intellectual property rights conventions, treaties and agreements in the world.
In order to integrate into the international community, Belarusian law also stipulates that when there is conflict between the provisions of its domestic law and the international treaties, they will comply with the international treaties.
Industrial innovation is treated as the driver of Belarus' economic growth and development. The Innovation and Development Project of Belarus government (2011—2015) had been passed on May 26, 2011. IP system is the most important part of the innovation-based development for Belarus. The system ensures the obligee’s rights and legitimate interests are effectively protected and executed.
The modified Law for the Republic of Belarus of Legal Protection concerning Inventions, Utility Models and Industrial Designs Act (the Act) went into effect on February 3, 2011. The relevant provisions such as the patents renewal for inventions, the legal protection scope of industrial designs, and the legal effect of several countries on the same patent technology program had been revised. It also added provisions that related to the patent applicant or patentee.
If the patent applicants or patentees failed to state priority provisions at the time of registration, or they didn't pay patent fees or annual fees in time, resulting in the loss of rights, just because of unintentional reasons, then they can apply for restoration of rights.
Belarus patent is divided into the following categories: Invention Patents: it is valid for 20 years since the registration. In some cases, the patent related with drugs, pesticides or agrochemicals may be extended for another 5 years.
Utility Model Patent: it is valid for 5 years from the date of registration, and may be extended up to 3 years; Industrial Design Patent: it is valid for 10 years from the registration date, and may be extended up to 5 years; Plant varieties Patent: there is a special bill that it is valid for 25 years since the registration in national registry of Protection for plant varieties.
IC design layout can also apply for a certificate, and there is bill specifically developed, and it is valid for 10 years.
Besides, according to the Eurasian Patent Convention (EAPC), which came into effect on August 12, 1995, Eurasian patents can take effect in all States Parties including Belarus, and it is valid for 20 years starting from the application date.
Eurasian patents are granted for inventions created in all fields of science, technology and economy. The nine States party to EAPC are: Turkmenistan, Republic of Belarus, Republic of Tajikistan, Russian Federation, Republic of Kazakhstan, Republic of Azerbaijan, Kyrgyz Republic, Republic of Armenia and Moldova.
To obtain a Eurasian patent with validity in all the Convention's States party to the Convention one Eurasian application is filed. Eurasian application can be filed in any language with further submission of translation into Russian.
Costs for obtaining a Eurasian patent valid in several countries of the Eurasian region are lower than cumulative costs for obtaining national patents in those countries. From publication of a Eurasian patent until payment of the first annual maintenance fee the patent holder has an exclusive right to his invention in all countries of the region. Fees related to obtaining and maintenance of a Eurasian patent are payable to ONE office-EAPO (the Eurasian Patent Office).
The latest modified Law of the Republic of Belarus "On the Trademarks and Service Marks" went into effect on January 15, 2013. Legal protection of a trademark is obtained by its registration under “the first filing”. The trademark owner enjoys the exclusive right to use and dispose their trademarks. Without the trademark owner's permission, no person shall use the protected trademark and corresponding certificates on the territory of Belarus. If the trademark or similar mark appears illegally in the commodity, labels, product packaging, it will be determined to pirated goods.
Nobody can use the trademark protected in the territory of the Republic of Belarus on which the certificate is issued (including the use of a trademark by the owner or a person that has obtained such a right in virtue of a license agreement through the application of the trademark on goods, for which it is registered, as well as on labels, packs, in the world-wide computer network Internet (including the domain names), on documents related to the introduction of a good in civil circulation, during the fulfillment of works, providing of services and the use of a trademark with modification of its certain elements that does not affect its distinctive character and does not limit the legal protection provided for a trademark), without the permission of its owner. At the same time, registration of a trademark does not give to its owner the right to forbid to other persons use of this trademark concerning the goods which were entered into a civil turnover in the Republic of Belarus directly by the owner of a trademark or from his consent.
The provision of legal protection for a trademark may be fully or partially invalidated during the term of legal protection, if the actions of the owner, related to registration of the trademark were recognized by antitrust authority or court as unfair competition.
This norm enshrined the opportunity to apply directly to the court in order to protect the economic entity's rights and lawful interests of all the benefits, aimed at acquiring the benefits within the business activities of economic entities and competitors that are contrary to the Law of the Republic of Belarus "The law on Counteraction to Monopolistic Activities and Promotion of Competition with the requirements of good faith and reasonableness”, and may cause or has caused damage to other economic actors - competitors or harm their reputation (unfair competition).
New Law stipulates that instead of the registration of the assignment contract, pledge agreements and license agreements, the contracting parties are obliged to notify the Patent Office on conclusion, modification and termination of such contracts.
For the purpose of such notification the contract should not be submitted to the Patent Office, only an application in due form with payment official fee for each trademark. The correspondent record shall be brought into the Trademark Register.
Official fee is $200 per each trademark, indicated in the contract.
The protection for registered trademark is 10 years. With the owner’s request, it can be extended for 10 years, but he needs to submit the application in the last valid year. If he pays extended fee of 50% more, there will be an additional 6-month of grace period.
In addition, new provisions on "well-known trademark" have been incorporated into the new law, including the definition of well-known trademarks and the certification program for famous trademarks. Under normal circumstances, the protection of well-known trademark is unlimited. Collective trademarks can also be registered in Belarus.
Under the agreement among Russia, Belarus and Kazakhstan, which was signed in Moscow on December 9, 2010, in the territory of the three countries, the civil transactions between one and trademark holders, or to use the trademark on relevant goods after obtaining the owner’s permission, is not considered a trademark infringement.
Trademark transfer, licensing and pledge contract shall be filed in the Patent Office, otherwise it will be invalid. Any trademark transfer that might lead to a misunderstanding for the trademark or the manufacturer is not allowed.
The Act of 2011-5-17 No.262-3 was adopted on December 1, 2011. It provides the copyright protection for Literary, Artistic works, Scientific works (monographs, articles, reports, lectures and scientific lectures and discussion, thesis, design resources).
Other protected objects for related rights include show, audiovisual products, and signal transmission over a wireless or wired broadcasting organization. Law includes provisions that regulate relations in the sphere of exploitation of computer programs, databases, and the use of scientific, literary and artistic works in the digital environment.
The draft law also envisages free uses of objects of copyright and related rights for information, teaching, research and other socially important purposes.
Under the existing law in Belarus, the National Center of Intellectual Property exercises collective management and safeguards for the economic rights of authors, other copyright and related rights holders in case it is complicated to enforce the same case by case.
As a member of the Berne Convention for the Protection of Literary and Artistic Works, it is possible to protect copyright of creative works in this country, as well as all the other member nations automatically (more than 160 countries), with one single application.
Besides, Belarus also participates in the following international treaties in the field of copyright and related rights: WIPO Copyright Treaty; Universal Copyright Convention 1952; WIPO Performances and Phonograms Treaty; International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations; Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms.
The Patent Office (The National Center of Intellectual Property), in pursuance of the legislation in force in the Republic of Belarus, exercises collective management of and safeguards the economic rights of authors, other copyright and related rights holders in case it is complicated to enforce the same case by case.
On January 5, 2013, the Law of Belarus Commercial Secrets has been started to implement.
The Law regulates relations arising in connection with the establishment, modification and cancellation of a commercial secret regime, as well as the legal protection of commercial secrets. The Law also makes provisions for the establishment of a commercial secret regime, rights and obligations of the owner of commercial secrets, regulates the access and determines peculiarities of the protection in relation to contractors and employees.
The Commercial Secrets Law determines the conditions of accrual, modification, termination of legal protection of commercial secrets, the requirements to the information on which can be set to the commercial secret regime, establishes an indicative list of information that can not constitute a commercial secret. The Law made significant amendments to the provisions of the Civil Code of the Republic of Belarus, saying that undisclosed information is excluded from the objects of intellectual property; the remaining trade secrets (know-how) at the same time are not covered by the exclusive right.
From 2018 International IP Law Firm
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