Patents Trademarks | Industrial Designs | Intellectual Property in Belarus

Belarus

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

LEGAL BASIS

  • Patent Law of February 5, 1993.
  • Patent and Utility Model Law of August 5, 1997.
  • Patent, Utility Model and Industrial Designs Law of December 16, 2002, with amendments as of December 22, 2011.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, as of April 14, 1993.
  • The Patent Cooperation Treaty, as of April 14, 1993.
  • Eurasian Patent Convention, as of August 12, 1995.

FILING REQUIREMENTS

  • Power of Attorney (no legalization);
  • Assignment of rights to patent, if the inventor is not the applicant;
  • Specification and abstract (may be filed in Belarusian, Russian or any other language whereby a certified Belarusian or Russian translation should be filed within a two-month term);
  • Drawings, if applicable;
  • Priority document, if applicable (to be filed within three months from the filing date).

REMARKS

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: patent issued after formal and full examination - valid for 20 years from the filing date.
Annuities: are accumulated and due after the granting decision; starting with the 3rd year.
Opposition: is possible within six months after publication of the abstract in the Official Gazette.

LEGAL BASIS

  • Law on Trademarks and Service Marks, with amendments as of July 9, 2012.
  • Rules for the Recognition of Trademarks as well-known in the Republic of Belarus of August 9, 2002.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, as of April 14, 1993.
  • Madrid Agreement, as of December 25, 1991.
  • Madrid Protocol, as of January 18, 2002.

FILING REQUIREMENTS

  • Power of Attorney;
  • The sign to be protected, and its description; 5 prints (8 x 8 cm) or 10 prints if colors claimed;
  • List of goods and services, according to the International Classification;
  • The priority document, if any (late filing during three months is possible).

REMARKS

Kinds of protection: individual and collective trademarks. Service Marks are registrable. Besides the original version, filing of the word mark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: must be used; if not used within any three-year period after the registration (or last use) date, the mark can be cancelled upon request of an interested party; nominal use (advertising, publications) is accepted in absence of actual use.
Duration - renewals: 10-year period after the filing date, renewable for further periods of 10 years.

LEGAL BASIS

  • Industrial Models Law of February 5, 1993.
  • Patent, Utility Model and Industrial Designs Law of December 16, 2002, with amendments as of December 22, 2011.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, as of April 14, 1993.

FILING REQUIREMENTS

  • Power of Attorney;
  • The model itself or, when not appropriate, photographs or drawings thereof (7 copies);
  • Designation of the model, with indication of its characteristics;
  • Specification of the model, if necessary;
  • Priority document, if any (can be filed within three months after filing).

REMARKS

Duration – renewals: after formal examination: 10 years. Renewable for an additional period of 5 years.
Opposition: is possible within six months after the publication in the Official Gazette.

LEGAL BASIS

  • There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.

FILING

  • ccTLD: .by
  • Applicant: national and foreign individuals and legal entities.
  • Local presence: not required.

REMARKS

Duration – renewals: one year, renewable yearly.
Uniform dispute resolution procedure: none.

General Information

Area: : 208,000 sq. km.
Population: about 9,481,100 inhabitants (estimated 2011).
Capital: Minsk.
Language: Belorussian (official), Russian.
Currency: Rouble.

General Remarks

One of the ex-USSR republics, now an independent State with its own Patent Office (Belgospatent). The first Belarusian Patent, Trademark and Industrial Design Laws came into force on February 5, 1993.

More

If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

KATZAROV SA
Patent & Trademark Attorneys
Rue des Epinettes 19
1227 Geneva
Switzerland
T +41 22 342 66 30
F +41 22 342 66 15
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