INTELLECTUAL PROPERTY RIGHTS IN BELARUS
Opposition Term |
N/A |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
Law of the Republic of Belarus No. 2181-XII of February, 5, 1993 (Amended as of May 7, 2007) - is the primary law governing the mechanism of trademark registration and protection in Belarus.
Legal protection of trademarks in the Republic of Belarus is provided on the basis of the trademark registration with the National Centre of Intellectual Property.
It follows a 'first-to-file’ system.
Multi-class trademark applications are possible in Belarus.
There is no procedure of official consideration of opposition throughout the process of trademark application and registration. Informal observation, in the form of a letter of protest, may be made to the Trademark Registry.
The trademark registration is valid for ten (10) years from the date of application. The validity of the trademark registration can be extended upon request of the trademark rights holder filed during the last year when the trademark registration is valid, each time extending validity to ten (10) years.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Belarus is a member of the Paris Convention for the Protection of Industrial Property.
Law of the Republic of Belarus on Patents for Inventions, Utility Models, and Industrial Designs of December 16, 2002 No. 160-Z (Amended as of December 22, 2011) - deals with the mechanism of patent protection in Belarus.
For seeking patent protection in Belarus, an application has to be filed with the National Center of Intellectual Property, which administers the entire process of patent grant.
In Belarus, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Opposition is possible within six (06) months after publication of the abstract in the official gazette. However, there is no pre-grant opposition.
The first post-grant annuities, starting from the 3rd year until the year when the grant decision is issued, must be paid within this term as well. All next annuities must be paid before the beginning of the next year of validity. Late payment of annuities is possible within a grace period of six (06) months with a 50% surcharge. The maximum validity period constitutes twenty (20) years from the filing date.
Law of the Republic of Belarus on Patents for Inventions, Utility Models, and Industrial Designs of December 16, 2002 No. 160-Z (Amended as of December 22, 2011) - deals with design protection in Belarus.
For seeking industrial design protection in Belarus, an application has to be filed with the National Center of Intellectual Property, which administers the entire process of industrial designs registration.
The types of industrial design applications that can be filed in Belarus include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Belarus.
Utility model protection isn't provided under industrial design protection in the nation. For that, a patent for utility model is to be filed with the Patent Body. Such a patent can be protected for a term of five (05) years with a possible prolongation of this term by the patent body at the petition of the patentee, but not more than for three (03) years.
The patent for industrial design shall expire within ten (10) years with a possible prolongation of this term by the patent body at the petition of the patentee, but not more than for five (05) years. The petition about the prolongation of the validity term of the patent for industrial design needs to be submitted to the patent body before the expiry of the validity term of the patent.
The time frame for payment of the renewal fee before the due date is twelve (12) months.
There is no grace period to renew a registered industrial design.
Belarus is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Copyright and Adjacent Rights Law of the Republic of Belarus No. 370-XIII of May 16, 1996 (In edition of the Law No. 194-3 of August 11, 1998. Last amendments and alterations of the Law: Law of the Republic of Belarus No. 396-Z of July 14, 2008) - is the basic legislation governing copyright protection in Belarus.
In Belarus, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. However, one can avail some facilities for having the work registered in the National Centre of IP.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.
The ownership rights envisaged by the present Law in relation to the performer remain valid during fifty (50) years after the moment of the first record of performance.
The ownership rights envisaged by the present Law in relation to the producer of a sound track remain valid during fifty (50) years after the first publication of the sound track, or during fifty (50) years after its first recording, if the sound track was not published during this period.
The rights envisaged by the present Law in relation to the organisation of air or cable broadcasting remain valid during fifty (50) years after the moment of execution of putting on the air or via the cable, respectively.