Feb 24, 2022 (Newsletter Issue 3/22)Official IP Fees AmendedAccording to Resolution No. 792 "For determination of the base value amount" in Belarus, the base value constitutes 32 Belarusian rubles, which is 3 rubles more than last year. This Resolution entered into force on January 1, 2022.
In regard to these amendments, official fees charged for the actions related to the registration and maintenance of validity of the types of IP rights are increased correspondingly.
The official fee for filing a trademark application is now BYN 1,216 for one class and BYN 160 for each additional class. The registration fee is BYN 608.
Source: Mikhailyuk, Sorokolat and Partners, Ukraine Oct 20, 2021CIS Countries Sign New Cooperation Agreement against Use of False TMs and GIsOn May 28, 2021, the CIS Council of Heads of Government signed the Agreement on Cooperation of CIS Member States on Prevention and Suppression of Use of False Trademarks and Geographical Indications. The member states of the Commonwealth of Independent States are Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, and Uzbekistan.
The document replaces the existing Agreement signed in 1999, inspired by the TRIPS Agreement and the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods. It was aimed at establishing the coordination mechanism among the law enforcement bodies to protect the interests of rightsholders and consumers against unfair use of indications on products.
The reviewed act optimizes the arrangements of the Parties, adjusts terminology, and updates the legal acts underlying the cooperation. The new Agreement shall enter into force 30 days after the third Party deposits a written notification that it has completed its domestic procedures. For those Parties that complete their domestic procedures later, the Agreement shall enter into force 30 days after the deposit of their written notifications.
For more information, please check hereSource: www.rosepatent.gov; www.petosevic.com Sep 09, 2021 (Newsletter Issue 14/21)
Withdrawal of Notification on Division of International Registrations
On July 29, 2021, the Office of Belarus withdrew the notification made under Rule 40(6) of the Regulations under the Madrid Protocol with immediate effect.
Consequently, as from that date, the Office of Belarus can present to the International Bureau of WIPO requests for the division of an international registration under Rule 27bis(1) of the Regulations.
Source: www.wipo.int
May 20, 2021 (Newsletter Issue 10/21)Further Details on Accession to Hague SystemThe instrument of accessionto the Hague System contained the following declarations:
- international applications may not be filed through the IP Office of Belarus;
- the legislation of Belarus does not provide for the deferment of the publication of an industrial design;
- the maximum duration of protection is 15 years; and
- for the application of level two of the standard designation fee.
The declarations will enter into force on July 19, 2021.
For more information on the notice, click hereSource: www.wipo.int May 20, 2021EAEU Trademark Agreement in ForceOn April 26, 2021, the Agreement on the Eurasian Economic Union Trademarks, Service Marks and Appellations of Origin, signed on February 3, 2020 by all five Eurasian Economic Union (EAEU) member countries – Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia, entered into force, following the recent ratification by all member states.
The Agreement introduces a new system for the registration of EAEU trademarks. Instead of registering a trademark in each EAEU member state, the Agreement provides a centralized filing of the application and further prosecution in one IP Office. The EAEU trademark is kept in a single register administered by the Eurasian Economic Commission (EEC). Further, applicants receive a unified protection certificate.
Source: www.petosevic.com and Mikhailyuk, Sorokolat and Partners, Ukraine Apr 22, 2021 (Newsletter Issue 8/21)
Accession to Hague System
On April 19, 2021, the Government of Belarus deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement with WiPO.
As of July 19, 2021, companies and designers in Belarus can begin using the Hague System to protect their designs internationally by filing a single international application. Non-residents seeking design protection in Belarus will be able to designate the Hague System’s newest contracting party in their international applications as well.
Source: www.wipo.int
Oct 08, 2020 (Newsletter Issue 16/20)Law on Geographical Indications AmendedOn August 29, 2020, the amendments to the Law of the Republic of Belarus "On Geographical Indications" came into force. The changes revise the definition of a geographical indication (GI) and define more precisely the procedure for obtaining GI protection.
GIs are now introduced as a separate object of intellectual property, while earlier they included both name of the origin of goods location and indication of the origin. In addition, it is now necessary to provide the National Center of Intellectual Property (NCIP) with the opinion of the competent authority that the product has special properties, quality, reputation or other characteristics, which are significantly dependent on its geographical origin, natural conditions or human factors peculiar to this geographical object. Previously, only the special properties of the product were taken into account, and now the list of unique characteristics has been expanded. It will allow obtaining protection for more product names in order create a unique image of Belarus.
A similar document must be provided for the renewal of the right to use the GI and should be issued by the competent authority within the last year of a ten-year period from the date of the application. Foreign applicants must provide a document confirming the right to use the GI in the country of origin on the date of renewal.
Further, the official fees charged for registration and renewal have been amended.
Source: Mikhailyuk, Sorokolat & Partners May 28, 2020 (Newsletter Issue 8/20)Trademark Agreement by Eurasian Economic Union Members SignedOn February 3, 2020, the Agreement on the Eurasian Economic Union (EAEU) Trademarks, Service Marks and Appellations of Origin was signed by all EAEU members states, namely Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. The Agreement will enter into force once all member states bring their registration procedures and official fees in line with the Agreement and deposit their instruments of ratification to the Eurasian Economic Commission (EEC), expected by the end of 2020. The Agreement was first signed by the EEC in December 2018.
This significantly moves forward the process of establishing a unified EAEU IP system, under which right holders will be able to obtain legal protection simultaneously in all EAEU member states by submitting one application to any of the national offices. Trademark applications will undergo preliminary (formal) and substantive examination, with the entire registration procedure estimated to take approximately one year. The EAEU trademark will be kept in a single register administered by the EEC.
For more information, please click hereSource: www.petosevic.com Apr 24, 2019IP Office Will Not Accept Division or Merger Requests of Intl. RegistrationBelarus has notified WIPO in accordance with new Rules 27ter(2)(b) and 40(6) of the Common Regulations, which entered into force on February 1, 2019.
According to the said notification:
- new Rule 27bis(1) of the Common Regulations, providing for the possibility to file a request for division, is not compatible with the law of the Contracting Party and does not apply to it; and,
- the law of the Contracting Party does not provide for the merger of registrations of a mark.
As a result, the Office will not present to WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please refer to here Mar 21, 2019 (Newsletter Issue 4/19)
IP Office Will Not Accept Division or Merger Requests of Intl. Registrations
The Belarusian Intellectual Property Office (IPO)has recently notified WIPO that it will not accept applications for divisions or mergers of International trademark registrations, because Blearusion trademark legislation does not provides for the division or subsequent merger of registrations.
Namely, new Rules 27bis, 27ter and 40(6) of the Common Regulations under the Madrid Agreement entered into force on February 1, 2019, introducing the possibility for international registration holders to request the division and merger of international trademark registrations. According to the amendments, requests for division must be filed with the local IPO, and not directly with WIPO. The local IPO may examine the request to ensure that it meets the requirements in the applicable national or regional law before notifying the International Bureau of WIPO. However, contracting states are entitled to notify WIPO that they will not present division requests to WIPO if their local legislation does not provide for the division of trademark applications.
Source: www.petosevic.com
Aug 22, 2018 (Newsletter Issue 14/18)Law on Patents for Inventions, Utility Models and Industrial Designs AmendedThe amendments to the Belarus Law on Patents for Inventions, Utility Models and Industrial Designs entered into force on July 7, 2018.
One of the main novelties is the inclusion of public domain provisions. According to the amended law, a patent enters the public domain once it expires, is invalidated at the patent holder’s request, the legal entity that owns the patent ceases to exist, or if a patent holder dies without clear heirs or beneficiaries. When a patent enters the public domain, it may be used without the right holder’s consent and without remuneration, provided that the rules defining inventorship are respected.
Further, the law clarifies what can or cannot be recognized as an invention. For instance, methods of medical treatment are not patentable, while computer algorithms can be regarded as inventions.
The concept of 'dependent patent' for inventions and utility models is introduced, referring to inventions and utility models containing another invention or utility model already protected by an 'original patent'.
The maximum term of a utility model is now 10 years instead of eight. It is initially valid for five years and may be extended up to five years, not up to three years as before.
For further information, please see the article of the law firm PETOSEVIC hereSource: www.petosevic.com May 17, 2017 (Newsletter Issue 9/17)EAEU Customs Code SignedThe Customs Code of the Eurasian Economic Union (EAEU) is to be expected to enter into force this year, as the last EAEU member state, Belarus, signed the Code on April 11, 2017.
All other member states signed The Customs Code in December 2016. However, the Code still needs to be ratified by all five members – Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia.
The new Code provides for the establishment of the EAEU Customs Register that will be kept by the Eurasian Economic Commission (EEC) and that will exist alongside national customs registers.
For further information, please see the article from Ms Julia Zhevid and Ms Tatyana Kulikova of PETOŠEVIĆ which can be accessed here
Source: www.petosevic.com Jun 14, 2016 (Newsletter Issue 11/16)Law On Trademarks and Service Marks AmendedThe Law “On amendments and additions to some laws of the Republic of Belarus on issues of Trademarks and Service Marks protection” was adopted on January 5, 2016. The amendments will enter into force on July 15, 2016.
It is expected that the Regulation “On the Procedure of Registration of Trademark and Service Mark” will be agreed upon the main Trademark Law of the Republic of Belarus in the near future.
The major changes to the Law are defined below.
Grounds for refusal of registration
The list of grounds for refusal of registration was added and amended. Previously, registration of the trademarks consisting exclusively from marks or indications used for a designation of a kind, quality, quantity, property, purpose, value of the goods, and also of a place, time, and process of their manufacturing or selling, were not allowed. According to the amendments, registration will be refused if the mark or indication dominates in the applied sign. Also, signs, identical or similar to the extent of confusion to the plant variety or designs protected in Belarus in relation to goods of the same kind, the right to which is arisen prior to the filing date of such trademark application, will not be registered as a trademark.
Statement of classes according to the International Classification of Goods and Services
The list of goods and indication of a respective class (classes) grouped according to the International Classification of Goods and Services must be indicated in the application. Previously such indication was optional.
Filing of application (payment of fees and filing of POA)
The document confirming the payment of the patent duty in the established amount and a document confirming the powers of the patent agent should be filed simultaneously with the application or within two months from the filing date. The above-mentioned possibility has not been stipulated earlier: both documents were required to be filed simultaneously with the application.
Duration of expert examination of requested sign
Expert examination of a requested sign which is effected upon the end of the preliminary expert examination shall be conducted within two years from the date of acceptance of trademark application into consideration.
Restoration of the missed time limits
According to the amendments, following terms could be restored:
The time limit for responding to preliminary expert examination request; for responding to expert examination request; for submission of a petition for conducting an expert re-examination and the time limit for loading a complaint with the Appeal Council.
It is possible to restore mentioned time limits within three months from the date of their expiration on condition that restoration fees have been paid and the reasonable excuse of time limit expiry has been proved.
Publication of data about trademark application and registration
The data of the trademark application which was accepted for consideration will be published on the official website of the patent body within two months from the date of acceptance for consideration. Publication of the data about trademark application has not been stipulated earlier.
At the same time, the data relating to the registration of a trademark and entering in the Register will be published in the official edition of the patent body within two months after the date of registration of the trademark in the Register instead of three months which were established previously.
Recognition of Trademark as Well-Known
The data on well-known trademarks were published in the official bulletin within three months from the date of their entering in the list of well-known trademarks. This term has been reduced to two months.
Also, the term for appealing the Decision of the Appeal Council was reduced from one year to six months.
Moreover, some changes to the Regulation “On the Procedure of Registration of Trademark and Service Mark” have been announced at the meeting with the patent attorneys of the Republic of Belarus, which was held on May 30, 2016. The changes include the following:
- The information about divisional and conversed trademark applications will be clarified;
- A new form of PoA is planned to be implemented. Applicant must manually indicate full list of attorney’s power by himself;
- The payment term of fees related to certificate issuance, trademark registration in the State Register and its publication will be prolonged. After expiration of the 2-month term, it will be possible to pay the above-mention fee during three extra months together with a 50% surcharge.
Source: Mikhailyuk, Sorokolat and Partners, Ukraine Jul 14, 2015 (Newsletter Issue 11/15)Arbitration Court EstablishedThe National Legal Internet Portal of the Republic of Belarus announced on its website that an Arbitration Court concerning information technologies and intellectual property was established in the Republic of Belarus.
The main activities of the Arbitration Court extend on disputes between legal entities and (or) natural persons in the sphere of information technologies and intellectual property such as:
- Disputes on recognition and contestation of authorship;
- Disputes on enforcement to fulfillment, on improper fulfillment or non–fulfillment of the conditions of license or sublicense agreements;
- Disputes on collecting remuneration according to license or sublicense agreements;
- Disputes on cancellation of the license or sublicense agreements;
- Disputes on collecting of compensation, losses, reimbursement of income gained by the third party for illegal usage of intellectual property object, etc.;
- Disputes on restraining violation of the rights in respect of intellectual property objects, including violation of rights taking place in the Internet.
Moreover, other disputes in the sphere of information technologies and intellectual property also fall within the competence of said Arbitration Court.
Source: Mikhailyuk, Sorokolat & Partners, Ukraine Mar 18, 2014 (Newsletter Issue 5/14)
Accession to Singapore Treaty
WIPO presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the Republic of Belarus on February 13, 2014, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.
In conformity with Article 28(3), the said Treaty will enter into force, with respect to the Republic of Belarus, on May 13, 2014.
Source: www.wipo.int
Mar 12, 2013 (Newsletter Issue 3/13)
Amendments to Trademark Law in Force
In accordance with the Law “On introduction of changes and amendments to some laws of the Republic of Belarus in matters of legal protection of intellectual property ”, the latest amendments to the Belarus Law “On Trademarks and Service Marks” came into force on January 15, 2013.
There are two main issues:
First, the national regime of exhaustion of trademark rights has been substituted with a regional regime. This amendment has been introduced in pursuance of Article 13 of the Agreement on Unified Principles of Regulation in the Sphere of IP Rights Protection, signed by Belarus, one of the current three member states of the Customs Union of Belarus, Russia and Kazakhstan. According to the amended Article 20.5 of the Belarus trademark law, the use of a trademark with respect to goods placed on the market in the territory of the member states, signatories of the agreement, by the trademark owner or with his consent, is not considered an infringement of the exclusive trademark owner’s rights. In other words, as of January 15, 2013, trademarks owners are not able to stop the import of goods into Belarus from Russia and Kazakhstan and/or prevent any other use of their trademarks in Belarus with respect to the goods which have been placed on the market in Belarus, Russia or Kazakhstan by the trademark owner or with his consent.
Another important amendment that has been introduced to the Belarus trademark law is Article 24, according to which trademark license agreements, trademark assignment agreements or trademark pledge agreements with respect to trademark rights valid on the territory of Belarus are considered null and void unless registered with the Belarus PTO. Before this amendment came into force, the registration of trademark-related agreements in Belarus was not obligatory.
Source: PETOŠEVIĆ
Jan 18, 2013 (Newsletter Issue 1/13)
Accession to Singapore Treaty
On November 27, 2012, the Belarus parliament approved the draft law “On accession of the Republic of Belarus to the Singapore Treaty on the Law of Trademarks”.
The Singapore Treaty will enter into force after Belarus deposits its instrument of ratification with the World Intellectual Property Organization (WIPO) Director General.
The Singapore Treaty, adopted in Singapore on March 27, 2006, establishes common, international standards for trademark registration procedures.
Source: PETOŠEVIĆ
Nov 13, 2009 (Newsletter Issue 4/09)
Trademark Law Amended
On July 15th, 2009 Belarus passed the Law on the Introduction of Amendments to the Law of Republic of Belarus on Trademarks and Service Marks. The Law enters into force on January 25th, 2010.
The amendments shall bring Belarusian law in line with European countries' laws in order to facilitate eventual accession of the country to the World Trade Organization (WTO).
Among other novelties, a chapter on well-known marks is added to the Law, which introduces a definition of a well-known mark an specifies the procedure for recognition of a mark a well-known. The Law is to establish that the term of protection for a well-known mark is infinite, unless its status is successfully changed.
Further there will be the following amendments with regard to the registration procedure of trademarks:
The Law states that it is allowed to register a trademark which term of legal protection has expired, in the name of a new owner not earlier than six months after the expiry of registration. However, if the mark owner has voluntarily withdrawn its trademark registration, the new applicant may register the mark without waiting six months.
The non-use grace period is reduced from five to three years.
The use of trademarks in the Internet and domain names are accepted by the Law.
The Law will not apply to applications that will be pending as of January 25th, 2010.
Source: Dr. Sergey Vinogradov, Pag-e-Pag, Minsk, Belarus and www.bakermckenzie.com
Legal basis is the Trademark Act of February 5, 1993. The latest amendments were passed on January 9, 2023.
Belarus is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 12th edition
Trademark Act, Art. 1
1. A trademark and service mark (hereinafter – trademark) is recognized to be a sign facilitating the distinguishing of goods and/or services (hereinafter – goods) of one person from goods and/or services of the same kind of other persons.
2. As trademarks may be registered signs consisting of words, including proper names, colour, combinations of colours, signs consisting of letters, numbers, graphics, three-dimensional signs, including the form of the good or its packaging, and also combinations of such signs. Other signs may be registered as trademarks in cases provided by the legislative acts of the Republic of Belarus.
The following trademark types are registrable: trademarks (goods and/or services), collective marks.
The application is filed at the National Center of Intellectual Property.
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination and a substantive examination (absolute and relative grounds). Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 8-12 months.
An accelerated registration is possible on the condition of payment of additional fees (approx. 1-3 months).
After registration, the trademark is published in the Official Bulletin.
National:There is no procedure for official consideration of oppositions throughout the process of application and registration. Informal observations, in the form of a letter of protest, may be submitted to the Trade Marks Registry/Office throughout the process.
Cancellation of a trademark registration on the basis of a prior registered trademark or appellation of origin is allowed only within 5 years from the date of registration publication of the contested trademark. Cancellation on the basis of other grounds is allowed throughout the validity of the trademark registration.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereOfficial fees in Belarus are approved in BYN. The official fee for filing a trademark application is BYN 1,520 for one class and BYN 200 for each additional class. The registration fee is BYN 760.
Well-known marks are registered according to a special procedure in the register of marks recognised famous in Belarus. A registered well-known mark covers ALL goods and services. The official fee is BYN 4,600.
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Practical details on trademark licensing are available in our publication
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General Trademark Regulations
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Apr 29, 2024
LexPatent, Minsk, Belarus