On changes in IP legislation
On 2 August 2023, Decree No. 493 of the Council of Ministers of the Republic of Belarus of 28 July 2023 was published, amending simultaneously several decrees concerning the procedure for registration of various intellectual property objects. The innovations mainly affected:
- issues of protection of trade marks (TK) and patents registered under the EAEU agreements,
- provisions with regard to contracts registered in respect of the said objects,
- The powers of the Patent Office (National Centre for Intellectual Property) and the Board of Appeal of the National Centre for Intellectual Property with regard to actions performed with the said objects have been clarified.
Patent registration issues
The Decision of the Council of Ministers of the Republic of Belarus of 21 March 2009 No. 346 "On the registration of licensing agreements, agreements on assignment of rights to industrial property rights, agreements on pledge of property rights certified by a certificate for a trademark or service mark, and agreements on complex entrepreneurial licence (franchising)" has been amended. According to the clarifications, licensing agreements on granting the right to use inventions and industrial designs protected by Eurasian patents, the effect of which extends to the territory of the Republic of Belarus in accordance with the Eurasian Patent Convention of 9 September 1994, the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention and the Patent Instruction to the Eurasian Patent Convention, as well as other agreements containing the essential terms of such licensing agreements, shall be registered in accordance with the procedure established by the Eurasian Patent Convention.
Contracts of assignment and pledge of rights to Eurasian patents for inventions and industrial designs protected under the Eurasian Patent Convention, the Protocol for the Protection of Industrial Designs to the Eurasian Patent Convention and the Patent Regulations to the Eurasian Patent Convention are registered by the Eurasian Patent Office.
Previously, the provisions of this ruling affected only Eurasian invention patents.
Trademark registration issues
The Decree introduces numerous provisions concerning the Eurasian Economic Union trade mark (hereinafter referred to as the Union trade mark), in particular concerning the procedure for its registration, conditions and requirements for the conversion of a national trade mark registration into a Union trade mark.
| For reference: A Union trade mark is a trade mark protected simultaneously in the territories of all EAEU member states. The main provisions concerning the registration and protection of such a trademark are contained in the Treaty on Trademarks, Service Marks and Appellations of Origin of Goods of the EAEU of 3 February 2020. |
It is also established that licence agreements on granting the right to use the Union's TK on the territory of the Republic of Belarus, agreements of assignment and pledge of the exclusive right to it, applications for registration of which have been submitted to the Belarusian patent authority, are subject to registration with the National Centre for Intellectual Property. It is important to remember that without registration, the said agreements are invalid.
The mechanism of registration of the Union trade mark has not yet been fully worked out and launched. However, taking into account that the main changes introduced by the said decree come into force from 13 November 2023, there is time to work out and fully implement the mechanism of registration of such trademarks. We will keep an eye on the development.
Powers of the Board of Appeals
The categories of cases to be heard by the Board of Appeal of the Patent Office have been clarified. In particular, from the date of entry into force of part of the amendments introduced by the said Decree, i.e. from 3 August 2023, the Board of Appeal will, among other categories of cases, deal with oppositions:
- granting a design patent under the Protocol for the Protection of Industrial Designs to the Eurasian Patent Convention of 9 September 1994;
- international registration of an industrial design under the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 2 July 1999;
- granting legal protection to a trade mark of the Eurasian Economic Union;
- granting legal protection to the appellation of origin of goods of the Eurasian Economic Union;
- granting the right to use the appellation of origin of goods of the Eurasian Economic Union to a specific person(s).
In turn, we remind you that REVERA company is ready to assist in drafting and registration of agreements on intellectual property objects (licence, assignment, franchising) both in Belarus and in any country of your interest, as well as in registration of trademarks and designs (industrial designs).
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