|
Frequently asked questions ( FAQ) about
Intellectual Property protection in BELARUS
1. What international organizations and/or conventions is Belarus a member of ?
Belarus is a member of the following international organizations and/or conventions:
- Convention Establishing the World Intellectual Property Organization (WIPO) of 1967 (from April 26, 1970);
- Paris Convention for the protection of industrial property of march 20, 1883 (from December 25, 1991);
- Patent Cooperation Treaty (PCT) done at Washington on June 19, 1970 (from December 25, 1991);
- Madrid Agreement Concerning the International Registration of Marks of 1891 (from December 25, 1991);
- Nairobi Treaty on the protection of the Olympic Symbol of 1981 (from December 25, 1991);
- Eurasian Patent Convention (from September 9, 1994);
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registrations of Marks of 1957 (from June 12, 1998);
- Locarno Agreement Establishing the International Classification for Industrial Designs (from July 24, 1998);
- Strasbourg Agreement Concerning the International Patent Classification of 1971 (from March 12, 1999);
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure;
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 1989 (from January 18, 2002).
2. In what economical sector are inventions, utility model, design, trademark and copyright applications applied for?
The invention and utility models applications are applied for in all economical sectors: agricultural, industrial, pharmaceutical, industrial and civil constructions, water resources, mining, chemical and petrochemical, environment protection, transport, food sector etc.
The design applications are applied mostly for in following sectors: transport or hoisting, packages, utensils, electronic, electric, optic, “small architecture”, textile, weapon, pharmaceutical, medicine, as well as agricultural machines, lathes, looms, machines, hand tools and instruments, domestic devices, clocks and watches, furniture, badges of rank, holographic signs, sport devices, didactic devices etc.
The trademark applications are applied for in all 45 classes of the International Classification of Goods and Services for the Purposes of the Registrations of Marks.
3. What countries are mostly (top 10) applying inventions, designs and trademark applications in Belarus for?
Inventions (Total 57 countries): Germany, USA, Russia, Switzerland, France, United Kingdom, Italy, Netherlands, Austria, Sweden.
Industrial Designs (Total 27 countries): Russia, USA, Poland, Ukraine, Germany, Netherlands, Italy, Finland, United Kingdom, Japan.
Trademarks (Total 60 countries): Germany, France, Switzerland, USA, Italy, Netherlands, Poland, Austria, Russia, Spain.
4. What types of invention, utility model, industrial design, trademark and copyright applications are available in Belarus?
Following types of applications are available in Belarus:
Invention:
- “a product” (from July, 2003) like device, substance, microorganism strain or a culture of a plant or animal cell;
- a process;
- the use of a previously known product for a new purpose.
Utility model:
- device only.
Industrial Design:
- artistic solution of an article;
- artistic and technical solution of an article.
Industrial Design can be three-dimensional, two-dimensional (plane) or mixed.
Trademark:
- words designation;
- device;
- three-dimensional;
- combination of thereof.
Copyright (computer programs and databases, for example) is protected according the Copyright Law of Belarus.
The new Law “On protection of computer programs and databases” is under elaboration now and 2003 it will be ready till the end of the year for adoption by the Legislator.
5. What are the filing requirements for utility, utility model/design, trademark and copyright applications?
Invention/utility model application
A valid patent can be obtained in Belarus only if all of the following criteria are satisfied by a “product” (from July 2003) or process in any technical fields:
(a) The invention is new:
(b) It involves an inventive step;
(c) It is capable of industrial application; and
(d) It does not fall into one of the excluded categories
Novelty
An invention is said to be new, for this purpose, if it does not form part of what is known as “state of the art”.
Inventive Step
An invention is said to involve an inventive step if, at the time that the patent application is filed, it is not obvious to a person skilled in the art.
Industrial Application
An invention is said to be capable of industrial application if it can be made or used in any kind of industry, agriculture and healthcare and in other areas.
Requirements:
1. An application can be filed by an inventor(s) or his (their) legal assignee, natural or legal person, or his (their) employer, national or foreign one (s).
2. Full date of the creator (s) and the applicant (s).
3. Power of attorney, no legalization.
The Power of Attorney must be submitted within 2 months of the
date of filing the Trademark Application before the Patent Office.
4. Certified copy of the first application, in case if the priority is claimed.
The priority documents corresponding to priority request must be filed within 3 months from the date of filing the registration application with the Patent Office. The Patent Office is entitled to demand a Belarusian or a Russian translation of the priority documents.
5. Description in Russian (Belarusian) language.
6. Drawings, if necessary.
7. International Patent Classification (Strasbourg Agreement Concerning the International Patent Classification of 1971)
Industrial Design application
1. An application can be filed by a creator or his legal assignee, natural or legal person, or his employer, national or foreign one (s).
2. Full date of the creator (s) and the applicant (s).
3. Assignment document, no legalization.
4. Power of attorney, no legalization.
The Power of Attorney must be submitted within 2 months of the date of filing
the Application before the Patent Office.
5. Certified copy of the first application, in case if the priority is claimed.
The priority documentation corresponding to priority request must be filed within 3 months from the date of filing the registration application with the Patent Office. The Patent Office is entitled to demand a Belarusian or a Russian translation of the priority documents.
6. Description in Russian (Belarusian) language.
7. Set of photos in black & white 18 x 24 cm for big objects or
13 x 18 cm or 9 x 12 cm for small ones (number of authors + 6).
8. Drawings, if necessary.
9. International Classification for Industrial Designs (Locarno Agreement).
Trademark application
The application shall contain the following documents:
1. The application form, stating:
- the applicant's full name, domicile and address, phone, fax;
- the reproduction of the trademark;
- the description of the trademark;
- the class(es) of goods and or services and the list of goods and services;
- the claim to conventional priority (country, filing number, filing date) or exhibition priority if any;
- official fee payment confirmation.
Belarusian and Russian are acceptable languages of the application form.
2. 10 prints of the trademark 80x80 mm plus I print for the application form.
3. The Power of Attorney signed by the Applicant (notarization and legalization are not necessary). The Power of Attorney has to include the place and date of signature, full name and job title of the signing official, name and legal address of the Applicant. A General Power of Attorney is acceptable.
4. Classification (Nice Agreement):
Trademarks and service marks are registered in respect of specific goods and/or services. An application may be filed covering any number of classes. The wording "all goods" or "all services" is not acceptable.
Requirements for filing:
The Power of Attorney must be submitted within 2 months of the date of filing the Trademark Application before the Patent Office.
Priority documentation corresponding to priority request must be filed within 3 months from the date of filing the registration application with the Patent Office. The Patent Office is entitled to demand a Belarusian or a Russian translation of the priority documents.
Term of examination – 2 years without acceleration procedure. Acceleration is possible after 6 months from the filing date.
6. What are the examination requirements and procedures for invention, utility model, industrial design, trademark and trademark applications?
6.1. For inventions:
A) Filing application;
B) Preliminary examination;
C) Publication of the application 18 months after filing date;
D) Request for substantive examination within 3 years after filing date.
Absence of the request within this space of time conducts the recalling of the application.
E) Substantive examination
Decisions taken during substantive examination:
- decision for granting a patent
- rejection of granting a patent:
-- Request for recurring examination filed within 3 months after receiving the rejection decision. Decisions taken during recurring examination within 6 months after filing request:
F) Decision for granting a patent
G) Rejection of granting a patent:
H) Appeal within the Appeal Board or before the Court in case of disagreement with the decision taken during the examination.
Decision of the Appeal Board can be objected before the Court during 6 months after receiving the correspondent decision of the Appeal Board.
I) Registration of the patent
J) Publication of the patent.
K) Granting the patent.
6.2. For utility models:
A) Filing application;
B) Examination within 3 months after filing application.
Decisions taken during examination:
C) Decision for granting a patent.
D) Rejection of granting a patent:
E) Appeal before the Appeal Board or before the Court in case of disagreement with the decision taken during the examination.
Decision of the Appeal Board can be objected before the Court during 6 months after receiving the correspondent decision of the Appeal Board.
F) Registration of the patent.
G) Publication of the patent.
H) Granting the patent.
6.3. For Industrial designs:
A) Filing application;
B) Examination within 3 months after filing application.
Decisions taken during examination:
C) Decision for granting a patent.
D) Rejection of granting a patent:
E) Appeal before the Appeal Board during 3 months after receiving of the correspondent Rejection of granting a patent or before the Court in case of disagreement with the decision taken during the examination.
Decision of the Appeal Board can be objected before the Court during 6 months after receiving the correspondent decision of the Appeal Board.
F) Registration of the patent.
G) Publication of the patent.
H) Granting the patent.
6.4. For Trademarks:
A) Filing application;
B) Preliminary examination within 2 months after filing application.
C) Substantive examination within 24 months after filing application.
Decisions taken during examination:
D) Decision for granting a certificate.
E) Rejection of granting a certificate:
- Request for recurring examination filed within 3 months after receiving the rejection decision. Decisions taken during recurring examination within 2 months after filing the correspondent request:
F) Decision for granting a certificate
G) Rejection of granting a certificate:
H) Appeal before the Appeal Board during 3 months after receiving of the correspondent Rejection of granting a certificate in case of disagreement with the decision taken during the examination.
Decision of the Appeal Board can be objected before the Court during 6 months after receiving the correspondent decision of the Appeal Board.
I) Registration of a trademark.
J) Publication of a trademark.
K) Granting a certificate.
7. What types of inventions are not permitted to be patented in Belarus ?
Excluded Categories
1. Not inventions
The following are declared by the Belarusian Patent Law not to be inventions, and cannot therefore be patented:
(a) Discoveries, scientific theories or mathematical methods;
(b) Literary, dramatic, musical or artistic works or any other aesthetic creation whatsoever (i.e. anything more properly protected by copyright);
(c) Schemes, rules, or methods for performing mental acts, playing a game or doing business;
(d) Computer programs and algorithms;
(e) The presentation of information.
2. Patent not to be granted
Patents cannot be granted for the following:
(a) Plant or animal varieties (The first of these IP objects is protected by the separate Law “On Patents for Plant Varieties” of 1995).
(b) Topography for integrated circuits (this IP object is protected by the separate Law “On the Legal Protection of Topographies of Integrated Circuits” of 1998).
(c) Inventions likely to lead to offensive, immoral or antisocial behavior.
8. What is the duration of patents and trademark registrations?
Durations are as follows:
Invention: 20 years (+ no more then 5 years for an invention in case if the application of a means where this invention is used needs the State Body’s permission according the legislation –from July 2003).
Utility model: 5 years + no more then 3 years.
Industrial design: 10 years + no more then 5 years.
Plant Variety: 25 years from the date of registration.
Topography of Integrated Circuit: 10 years.
Trademark: 10 years + every next 10 years.
9. What is the National Phase in Belarus ?
National Phase of PCT in Belarus
Belarusian phase may be filled only if Belarus is designed (or elected) in priority PCT Patent Application.
Time limits applicable for entry into the national phase: 21 months from the priority date (under PCT Article 39(1): 31 months from the priority date). A request for grant of a patent shall be filed in Russian (Belarusian) language prior to the expiration of said term. At a written request of the Applicant the National Phase may be started prior to the expiration of said term.
Required contents of the translation for entry into the national phase: description, claims (if amended, as amended only), any text matter of drawings, abstract (under PCT Article 39(1): description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report).
Translation must be furnished within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1). Errors in the translation of the international application can be corrected with reference to the text of the international application as filed.
Special requirements of the Office (PCT Rule 51bis): instrument of assignment of the priority application where the applicants are not identical; appointment of an agent if the applicant is not resident in the Belarus.
A patent is granted only after examination as to patentability which may be requested by the applicant or by a third party. Examination must be requested within three years from the international filing date.
The applicant has the right to amend or correct any element of his international application on his own initiative, within two months after entry into the national phase, without paying any fee for that purpose, provided that the amendments or corrections do not modify the subject matter of the claimed invention beyond the original disclosure. After the expiration of the said time limit such amendments or corrections may be made to patent applications only on payment of the prescribed fees for amendment and only until the final decision on the results of the substantive examination has been taken.
|
