Law of the
Republic of Belarus on Patents
for Inventions, Utility Models and Industrial Designs
Entered into force on
16.12.2002, edition from 29.10.2004
This Law
governs the economic and related moral relations arising out of the creation,
legal protection and use of inventions, utility models and industrial designs.
Title I
Legal Protection of Inventions, Utility Models and Industrial Designs
Article 1
Patents for Inventions, Utility Models and Industrial Designs
1.
Rights in inventions, utility models and industrial designs shall be protected
by the State and attested to by a patent.
2.
A patent for an invention, a utility model or an industrial design shall attest
to the authorship of the invention, utility model or industrial design, the
priority date thereof and the exclusive right to exploit the invention, utility
model or industrial design.
3.
The term of the patent shall begin on the date of filing of the application with
the National Center of Intellectual Property (hereinafter referred to as “the
Patent Authority”).
The term of
an invention patent shall be 20 years as from the filing date of the
application. Where the use of the substance containing an invention requires, in
accordance with legislation in force, the authorization of the competent body,
the term of the invention patent shall be extended by the Patent Authority, at
the request of the patent owner, for a period not exceeding five years.
The term of
a utility model patent shall be 5 years as from the filing date of the
application and may be extended by the Patent Authority, at the request of the
patent owner, for a period not exceeding three years.
The term of
an industrial design patent shall be 10 years as from the filing date of the
application and may be extended by the Patent Authority, at the request of the
patent owner, for a period not exceeding five years.
4.
When counting the time limits referred to in the third paragraph of this Article
in respect of the patent on the divisional application enjoying the priority in
accordance with the sixth paragraph of Article 16 of this Law, the filing date
of the divisional application shall be deemed the filing date of the initial
application.
5.
The scope of the legal protection conferred by an invention patent or utility
model patent shall be determined by the invention or utility model claims. The
invention or utility model claims shall be construed as the logical definition
of the invention or utility model by the sum of all essential features thereof.
The description and the drawings may serve only to interpret the invention or
utility model claims.
6.
The scope of the legal protection conferred by an industrial design patent shall
be determined by the sum of its essential features as shown in the graphic
representations of the article (model, design).
7.
The procedure for the granting of the legal protection for inventions, utility
models and industrial designs that have been declared secret in the established
manner and for the handling of secret inventions, utility models and industrial
designs shall be laid down by law.
Article 2
Conditions of Patentability of Inventions
1.
An invention in any field of technology shall be granted legal protection if it
relates to a product or process, and is new, involves an inventive step and is
industrially applicable.
For the
purposes of this Law, “product” shall mean any object as a result of human work
and “process” shall mean any operation, method or mode of treatment for
performing interrelated acts on an object (or objects), and also the application
(or use) of an operation, method or mode of treatment, or a product, for
desired purpose.
An invention
shall be new if it does not form part of the state of the art.
An invention
shall involve an inventive step if, having regard to the state of the art, it is
not obvious to a person skilled in the art.
The state of
the art shall consist of any kind of information made available to the public
anywhere in the world before the priority date of the invention. When novelty
of an invention is determined, the state of the art shall be held to include
all applications for the protection of inventions and utility models that have
been filed in the Republic of Belarus by other persons, that benefit from
earlier priority and have not been withdrawn, and also inventions and utility
models that have been patented in the Republic of Belarus.
An invention
shall be deemed industrially applicable if it can be used in industry,
agriculture, public health or other fields of activity.
Disclosure
of information concerning the invention shall not adversely affect its
patentability where it has the effect of making
information on the
subject matter of the invention generally accessible, where such disclosure is
made by the applicant (or author) or by any other person who has obtained such
information directly or indirectly from them and where such disclosure occurred
during the 12 months preceding the filing of the application with the Patent
Authority. The burden of proof of the foregoing shall be on the applicant.
2. The following shall not be recognized as inventions:
-
discoveries, scientific theories and mathematical methods;
- solutions
concerning solely the outward appearances of manufactured articles and intended
to satisfy aesthetic requirements;
- schemes,
rules and methods for performing mental acts, playing games or doing business,
and also algorithms and programs for computers;
- mere
presentation of information.
The
aforesaid subject matter or activities shall not be recognized as inventions
under this Law only to the extent to which an application for patent for an
invention relates to such subject matter or activities as such.
3.
The following shall be excluded from patentability under this Law:
- plant
varieties and animal breeds;
-
topographies of integrated circuits;
-
inventions contrary to public interest, humanitarian principles or morality.
Article 3
Conditions of Patentability of Utility Models
1. A
technical solution shall constitute a utility model eligible for legal
protection under this Law, if it relates to a device and is new and industrially
applicable.
A utility
model shall be new if the sum of its essential features does not form part of
the state of the art.
The state of
the art shall consist of any kind of information made available to the public
anywhere in the world, before the priority date of the claimed utility model,
concerning devices of similar function and the use thereof in the Republic of
Belarus. When the novelty of a utility model is determined, the state of the art
shall likewise include all applications for the protection of inventions and
utility models that have been filed in the Republic of Belarus, that benefit
from earlier priority and have not been withdrawn, and also inventions and
utility models that have been patented in the Republic of Belarus.
A utility
model shall be industrially applicable if it can be used in industry,
agriculture, public health and other fields of activity.
Disclosure
of information concerning the utility model shall not adversely affect its
patentability where it has the effect of making information on the subject
matter of the utility model generally accessible, where such disclosure is made
by the applicant (or author) or by any other person who has obtained such
information directly or indirectly from them and where such disclosure
occurred during the 12 months preceding the filing of the application with the
Patent Authority. The burden of proof of the foregoing shall be on the
applicant.
2. Under the
first paragraph of this Article, no legal protection shall be granted to:
-
solutions concerning solely the outward appearance of manufactured articles and
intended to satisfy aesthetic requirements;
- solutions
contrary to public interest, humanitarian principles or morality.
Article 4
Conditions of Patentability of Industrial Designs
1. An
artistic, or both artistic and technical, solution that determines the outward
appearance of a manufactured article shall constitute an industrial design
eligible for legal protection under this Law if it is new and original. The
manufactured article shall mean any industrial or handicraft object.
An
industrial design shall be deemed new if the sum of its essential features was
not known from information generally available in the world before the priority
date of the design.
When the
novelty of an industrial design is determined, due regard shall be had to all
applications for the protection of industrial designs that have been filed in
the Republic of Belarus by other persons, that benefit from earlier priority and
have not been withdrawn, and also industrial designs that have been patented in
the Republic of Belarus.
An
industrial design shall be deemed original if its essential features determine
the creativeness of the special aspects of the manufactured article.
The
essential features of an industrial design shall be construed as those features
that determine the aesthetic and/or ergonomic aspects of the outward appearance
of the article, its shape, configuration, ornamentation or combination of
colors.
Disclosure
of information concerning the industrial design shall not adversely affect its
patentability where it has the effect of making information on the subject
matter of the industrial design generally accessible, where such disclosure is
made by the applicant (or author) or by any other person who has obtained such
information directly or indirectly from them and where such disclosure occurred
during the 6 months preceding the filing of the application with the Patent
Authority. The burden of proof of the foregoing shall be on the applicant.
2.
Under the first paragraph of this Article, no legal protection shall be granted
to:
- solutions
that are determined exclusively by the technical function of an article;
- solutions
that are contrary to public interest, humanitarian principles or morality;
-
architectural works (with the exception of minor architectural forms) and
industrial, hydraulic and other stationary structures;
- printed
matter as such;
- subject
matter of unstable shape consisting of liquid or gaseous substances, powders
or the like.
Title II
Authors and Patent Owners
Article 5
Author of an Invention, Utility Model or Industrial Design
1.
The natural person whose creative work has resulted in an invention, utility
model or industrial design shall be recognized as the author thereof.
2.
Where an invention, utility model or industrial design is the result of the
joint creative work of two or more natural persons, those persons shall be
recognized as the joint authors thereof. The conditions for exercising the
rights in the invention, utility model or industrial design shall be determined
by agreement between them.
3.
Natural persons who have not made any personal creative contribution to the
making of the invention, utility model or industrial design, but have merely
provided the author (or joint authors) with technical, organizational or
material assistance, or have helped in the securing of rights in the invention,
utility model or industrial design or in the use thereof, shall not be
recognized as joint authors.
Article 6
Patent Owner
1. The
person (or persons) to whom an invention, utility model or industrial design
patent has been granted shall be the owner (or owners) of the patent.
2. The right to obtain a patent shall belong:
--
to the author (or joint authors) of the invention, utility model or industrial
design;
-- to the
natural or legal person who is the employer of the author of the invention,
utility model or industrial design in the cases provided for in the third
paragraph of this Article;
--
to the natural and/or legal person (or persons) who, subject to their consent,
is or are mentioned by the author (or joint authors) in the application for the
grant of a patent or in the request filed with the Patent Office prior to the
date of registration of the invention, utility model or industrial design;
--
to the successor (or successors) in title of the persons specified in this
paragraph.
3.
The right to obtain a patent for a service invention, utility model or
industrial design that has been made by an employee shall belong to the
employer, unless otherwise provided in the contract between them.
An invention, utility model or industrial design shall be
deemed a service invention, utility model or industrial design if it relates to
the employer’s area of activity and if the employee has made it in connection
with the work forming part of his duties, or as a result of a specific task
entrusted to him by his employer, or if the employee has used the knowledge or
means provided by his employer.
The employee
shall be bound to inform his employer in writing of the service invention,
utility model or industrial design that he has made. Where the employer, within
three months after having been notified by the employee of the invention,
utility model or industrial design that he has made, has not filed an
application with the Patent Authority, the right to obtain a patent shall belong
to the employee. In such case, the employer shall be entitled to use the
invention, utility model or industrial design under the conditions specified in
a licensing agreement.
Where the
employer has obtained the patent or, through his own fault, has failed to obtain
a patent on his application, the employee shall be entitled to remuneration
commensurate with the profit that the employer has made or expected to make
through the proper use of the invention, utility model or industrial design. The
amount of remuneration and the terms of the payment thereof shall be stipulated
in a contract between the employer and the employee.
Where the
parties have failed to agree on the amount and the procedure for the payment of
remuneration or compensation, the dispute shall be referred to the courts. The
minimum amount of remuneration shall be prescribed by law. Where the
remuneration or compensation is not duely paid as stipulated in the contract,
the offending employer shall be liable to the sanctions provided for in the
legislation.
The
termination of the employment contract shall not affect the rights and
obligations of the employee and the employer, arising from the making of the
service invention, utility model or industrial design. The employer may also
file the application for a service invention, utility model or industrial design
before one year has expired as from the date of termination of the employment
contract. After one year has expired, the right to file an application for the
service invention, utility model or industrial design shall belong to the
employee.
Other
relations arising from the making of a service invention, utility model or
industrial design shall be governed by the legislation.
Title III
Rights in Inventions, Utility Models or Industrial Designs
Article 7
Rights of the Author
1. The
author of an invention, utility model or industrial design shall enjoy the
personal non-property rights and the economic rights related thereto.
2.
The authorship (the right to be recognized as the author) shall be a personal
non-property right. That right shall enjoy protection of unlimited duration. The
authorship shall be an inalienable and untransferable right.
Article 8
Rights and Obligations of the Patent Owner
1.
The exclusive right to use the patented invention, utility model or industrial
design shall belong to the owner of the patent.
The
exclusive right to use the invention, utility model or industrial design shall
contain the right of the owner of the patent to use the invention, utility model
or industrial design at his discretion, insofar as such use does not infringe
the rights of others, and also the right to prohibit others from using the
invention, utility model or industrial design.
2.
The exclusive right to use a process protected by an invention patent shall also
extend to a product directly obtained by that process. A new product shall be
deemed to have been obtained by the patented process in the absence of proof to
the contrary.
3.
The exclusive right to use the patented invention, utility model or industrial
design shall be exercised by the owner of the patent during the term of the
patent starting on the date of publication of the particulars of the grant of
the patent in the Official Bulletin of the Patent Authority.
4.
The owner of the patent shall exercise the rights conferred on him by the patent
without causing a prejudice to the rights of other persons or to the interests
of society or of the State.
5. At the
request of the patent owner, it shall be ordered that infringement of the patent
cease and that the patent owner be compensated by the infringer for damages
incurred, in accordance with the legislation.
Article 9
Acts
Constituting Infringement of the Exclusive Rights of Patent Owners
The
following acts shall constitute infringements of the patent owner’s exclusive
right if performed without his consent:
--
the manufacture, use, importation, offering for sale, sale or any other form of
marketing or storage for that purpose of a product or article incorporating the
patented invention, utility model or industrial design, and also the
performance of the said acts with respect to a device, during the operation or
exploitation of which a patented process is employed in accordance with the
purpose claimed;
--
the use of a process protected by an invention patent or the marketing or
storage for that purpose of a product directly obtained by a process protected
by an invention patent.
Article 10
Acts
Not Constituting Infringement of the Exclusive Rights of Patent Owners
The following shall
not be considered infringements of the exclusive right of the patent owner:
--
the use of devices incorporating patented inventions, utility models or
industrial designs in the construction or operation of means of transport
(seagoing or river vessels, aircraft, spacecraft or land vehicles) of other
countries when such means of transport temporarily or accidentally enter the
territory of the Republic of Belarus, provided that such devices are used there
exclusively for the needs of the said means of transport. Such acts shall not be
deemed to infringe the exclusive right of the patent owner if the means of
transport belong to natural or legal persons of countries affording the same
rights to natural or legal persons of the Republic of Belarus;
--
the use of devices incorporating a patented invention, utility model or
industrial design for the purposes of scientific research or experimentation;
--
the use of devices incorporating a patented invention, utility model or
industrial design in the event of exceptional circumstances that cannot be
prevented under the existing conditions (force-majeure), provided that the
patent owner is subsequently paid equitable compensation;
--
the use of devices incorporating patented inventions, utility models or
industrial designs for private and non-commercial purposes;
--
the occasional preparation in a pharmacy of a medicine containing a patented
invention in accordance with a medical prescription;
--
the use, offering for sale, sale, importation or storage for those purposes of a
product incorporating a patented invention, utility model or industrial design
after that product has been marketed in the Republic of Belarus, provided that
the rights of the patent owner are not thus infringed.
Article 11
Assignment of the Patent and of the Rights Afforded by the Patent, Transfer of
the Rights in the Patent,
1. The
patent owner may assign the patent to another natural or legal person by a
contract, and also the right to use the invention, utility model or industrial
design by a licensing agreement.
2.
The exclusive right of the patent owner to use the patented invention, utility
model or industrial design, and also the right of the author to remuneration may
be transferred to others by succession, including inheritance.
3. The
economic rights attested to by a patent may be pledged.
Title IV
Grant of the Patent
Article 12
Filing of the Patent Application
1.
An application for the grant of a patent for invention, utility model or
industrial design shall be filed with the Patent Authority by a person or
persons who has or have the right to apply for a patent in accordance with the
second paragraph of Article 6 of this Law (hereinafter referred to as “the
applicant or applicants”).
The
applicant may act himself or through a patent agent registered with the Patent
Authority for the filing of applications with the Patent Authority and for
procedures before the Patent Authority.
2.
The application to be filed through a patent agent shall be accompanied by a
power of attorney issued by the applicant or applicants.
3.
The conditions to be satisfied by the elements of the invention, utility model
or industrial design application shall be determined by the State Authority of
the Republic of Belarus authorized by the Council of Ministers of the Republic
of Belarus.
Article13
Application for the Grant of a Patent for Invention
1.
The application for the grant of a patent for invention (hereinafter referred to
as “the invention application”) shall relate to one invention only, or to a
group of inventions so linked as to form a single general inventive concept
(requirement of unity of invention).
2. The invention application shall contain:
2.1 a request for the grant of a patent, stating the names of the inventor or
inventors and the person or persons in whose name the grant of a patent is
sought, together with the addresses of their places of residence or of business;
2.2 a description, disclosing the claimed invention in sufficient detail for it
to be carried out;
2.3 one or more claims defining the subject matter of the invention and fully
supported by the description;
2.4 drawings and other material where necessary for the understanding of the
subject matter of the invention;
2.5 an abstract.
3.
The filing date of an invention application shall be determined by the date on
which the Patent Authority has received all of the elements allowing to
establish the priority date in accordance with the first paragraph of Article
16 of this Law or, where the said elements are filed at different dates, by the
date on which the Patent Authority has received the last of the missing
elements.
4.
The document attesting payment of the prescribed fee or of circumstances
affording entitlement to exemption from payment or to a reduction in the amount
of the fee may be submitted either together with the invention application or
within two months following the date of its receipt at the Patent Authority.
Where the said document is not submitted within the time limit specified, the
invention application shall be deemed withdrawn.
Article 14
Application for the Grant of a Patent for Utility Model
1.
The application for the grant of a patent for utility model (hereinafter
referred to as “the utility model application”) shall relate to one utility
model only or to a group of utility models so linked as to form a single
general creative concept (requirement of unity of utility model).
2. The utility model application shall contain:
2.1 a request for the grant of a patent, stating the names of the author or
authors of the utility model and the person or persons in whose name the grant
of a patent is sought, together with the addresses of their places of residence
or of business;
2.2 a description, disclosing the claimed utility model in sufficient detail for
it to be made;
2.3 one or more claims defining the subject matter of the utility model and
fully supported by the description;
2.4 drawings and other material where necessary for the understanding of the
subject matter of the utility model;
2.5 an abstract.
3.
The filing date of a utility model application shall be determined by the date
on which the Patent Authority has received all of the elements allowing to
establish the priority date in accordance with the first paragraph of Article
16 of this Law or, where the said elements are filed at different dates, by the
date on which the Patent Authority has received the last of the missing
elements.
4.
The document attesting payment of the prescribed fee or of circumstances
affording entitlement to exemption from payment or to a reduction in the amount
of the fee may be submitted either together with the utility model application
or within two months following the date of its receipt at the Patent Authority.
Where the said document is not submitted within the time limit specified, the
utility model application shall be deemed withdrawn.
Article 15
Application for the Grant of a Patent for Industrial Design
1.
The application for the grant of a patent for industrial design shall relate to
one industrial design only or to a group of industrial designs so linked as to
form a single general creative concept (unity of industrial design requirement).
2. The industrial design application shall contain:
2.1 a request for the grant of a patent, stating the names of the author or
authors of the industrial design and the person or persons in whose name the
grant of a patent is sought, together with the addresses of their places of
residence and of business;
2.2 a set of graphical representations of the article (model, design), providing
full and detailed views of its outward appearance;
2.3 a description of the industrial design, covering all its essential features;
2.4 drawings, affording general views of the article, ergonomic scheme or
confection chart if they are necessary for the disclosure of the nature of the
industrial design.
3.
The filing date of an industrial design application shall be determined by the
date on which the Patent Authority has received all of the elements allowing to
establish the priority date in accordance with the second paragraph of Article
16 or, where the said elements are filed at different dates, by the date on
which the Patent Authority has received the last of the missing elements.
4.
The document attesting payment of the prescribed fee or of circumstances
affording entitlement to exemption from payment or to a reduction in the amount
of the fee may be submitted either together with the industrial design
application or within two months following the date of its receipt at the Patent
Authority. Where the said document is not submitted within the time limit
specified, the industrial design application shall be deemed withdrawn.
Article 16
Priority of Inventions, Utility Models and Industrial Designs
1.
The priority of an invention or utility model shall be determined by the date of
filing with the Patent Authority of an invention or utility model application
containing the request for the grant of a patent, the description, the claims
and the drawings, where referred to in the description.
2.
The priority of an industrial design shall be determined by the date of filing
with the Patent Authority of an industrial design application containing the
request for the grant of a patent, a set of graphical representations of the
article (model, design) and the description.
3.
Priority may be determined by the filing date of the first application in a
State party to the Paris Convention for the Protection of Industrial Property
(Convention priority) if the invention application or the utility application
has been filed with the Patent Authority within 12 months, and in the case of
the industrial design application within six months, from that date. The Patent
Authority may, at the request of the applicant, extend the said time limit for a
period not exceeding two months.
The
applicant who wishes to avail himself of the right to Convention priority in
respect of an invention application shall be required to state the fact when
filing the invention application or within two months following the date on
which the invention application has been received by the Patent Authority and
shall submit to the Patent Authority a certified copy of the first application
no later than 16 months after the date on which the first application was filed.
If the applicant fails to comply with the said time limit, the Patent Authority
may restore the right of priority at the applicant’s request, filed before that
time limit has expired, provided that the applicant has requested a copy of the
first application no later than 14 months after the date on which the first
application was filed and has submitted it to the Patent Authority within two
months as from the date on which he has received it.
An applicant
who wishes to avail himself of the right to Convention priority in respect of a
utility model or industrial design application shall be required to state the
fact when filing the utility model or industrial design application or within
two months following the date on which the utility model or industrial design
application has been filed with the Patent Authority, and shall attach thereto a
certified copy of the first application or shall submit it to the Patent
Authority no later than three months after the date on which the utility model
or industrial design application was received at the Patent Authority.
4.
Priority may be determined by the date of receipt by the Patent Authority of
additional documents if they are submitted by the applicant as a separate
application filed within three months of the date of receipt by the applicant of
a notification from the Patent Authority to the effect that the additional
documents will not be taken into consideration since they modify the subject
matter of the claimed invention, utility model or industrial design, and, on the
date of filing of the separate application, the application in respect of which
the additional documents were submitted, has not been withdrawn or has not been
deemed withdrawn.
5.
Priority may be determined by the date of filing with the Patent Authority of an
earlier application of the same applicant that disclosed the subject matter of
the invention, utility model or industrial design, and that was not withdrawn or
was not deemed withdrawn on the date of filing of the application claiming such
priority, provided that the application claiming such priority reaches the
Patent Authority no later than 12 months after the date of filing of the
earlier application in respect of an invention and no later than six months
after the date of filing of the earlier application in respect of a utility
model or industrial design. In such a case, the earlier application shall be
deemed withdrawn.
Priority may
not be determined by the filing date of an application in which an earlier
priority was already claimed.
6.
The priority of an invention, utility model or industrial design under a
divisional application shall be determined by the date of filing with the
Patent Authority of the initial application of the same applicant disclosing the
subject matter thereof, or if there exists the right to determine an earlier
priority on the initial application, by the date of such priority, provided
that, at the filing date of the divisional application, the initial application
has not been withdrawn or has not been deemed withdrawn, and the divisional
application is filed with the Patent Authority before a final decision refusing
the grant of a patent has been taken on the initial application or, where a
patent has been granted on the initial application, before the date of
registration of the invention, utility model or industrial design in accordance
with Article 28 of this Law.
For the
purposes of this Law, “divisional application” means an application which may be
divided from the initial application where the initial application did not
comply with the requirement of unity of invention, utility model or industrial
design. The applicant of the initial application may also file the divisional
invention application in cases where:
-
an invention was not included in the claims when the initial application was
filed, but was disclosed in the description;
- a group of
inventions for one patent was claimed but the applicant decided to obtain a
patent for each invention.
7.
The priority of an invention, utility model or industrial design may be
determined on the basis of two or more earlier applications or of additional
materials thereto, provided that each such application meets the conditions
specified in the third, fourth, fifth and sixth paragraphs of this Article.
8.
Where it is ascertained in the examination that the identical inventions,
utility models or industrial designs have the same priority date, the patent
shall be granted for the application having a proven earlier mailing date, or,
where the mailing dates coincide, for the application having an earlier
registration number at the Patent Authority, unless otherwise agreed between the
applicants.
Article 17
Amendment or Correction of the Application
1.
The applicant shall have the right to amend or correct elements of the invention
application, provided that the amendments or corrections do not modify the
subject matter of the claimed invention, before a decision to grant a patent or
to refuse the grant of a patent has been taken by the Patent Authority in
respect of the invention application.
Within two
months after the filing date of the utility model or industrial design
application the applicant shall have the right to amend or correct elements of
the utility model or industrial design application, provided that the amendments
or corrections do not modify the subject matter of the claimed utility model or
industrial design.
Additional
elements shall be deemed to modify the subject matter of the claimed invention
or utility model if they contain characteristics that do not appear in the
description (claims) as initially filed and which would have to be reflected in
the invention or utility model claims.
Additional
elements shall be deemed to modify the subject matter of the claimed industrial
design if they contain the representations of the article (model, design)
showing the features which are the essential features of the industrial design
not appearing in the initial representations of the article (model, design).
2. Any
amendment in the indication of the applicant when transferring the right to
obtain a patent or any amendment relating to the change in the name of the
applicant, and also any correction of technical and obvious mistakes in the
application elements may be permitted up to the date of registration of the
invention, utility model or industrial design.
Article 18
Examination Invention Applications
1.
The examination of an invention application shall be carried out by the Patent
Authority in accordance with this Law and other normative texts. It shall
consist in a preliminary examination and a substantive examination.
2.
Where the applicant files additional elements relating to the invention
application, an examination shall be made to ascertain whether they modify the
subject matter of the claimed invention.
The
additional elements modifying the subject matter of the claimed invention shall
not be taken into consideration for the purposes of the examination and the
applicant may file them in the form of a separate application.
3.
Where the application does not comply with the requirement of unity of
invention, the applicant shall be invited to state, within two months following
the date of notification of non-compliance with the requirement, which of the
solutions should be examined and to correct, if necessary, the elements of the
application accordingly. Where the application does not comply with the
requirement of unity or where other inventions are contained in the elements of
the initial application, the applicant shall have the right to file one or more
divisional applications.
If the
applicant fails, within two months following the date of receipt of the
notification, to state which of the solutions should be examined and to furnish
corrected documents, the examination shall be carried out in respect of the
solution that is mentioned first in the claims.
4.
An invention application may be withdrawn by the applicant prior to the date of
publication of the particulars of the said application but no later than the
date of registration of the invention.
Article 19
Preliminary Examination of Invention Applications
1.
An invention application shall be subject to preliminary examination within
three months of the date of its receipt at the Patent Authority.
2.
The preliminary examination shall serve to ensure that the required documents
are all present and that they comply with the prescribed conditions, and to
determine whether the claimed solution relates to subject matter for which
legal protection is granted.
3. The
Patent Authority shall inform the applicant in writing of a decision taken as a
result of the preliminary examination and of the filing date determined in
accordance with Article 16 of this Law within 5 working days as from the date
on which the decision was taken.
4.
Where it is found during the preliminary examination that the claimed solution
does not relate to subject matter which is recognized as inventions under this
Law, a decision shall be taken to refuse the grant of a patent.
5. Where
necessary, the applicant may be invited to provide more information with respect
to his application within two months following the date of receipt of the
relevant invitation. In such case the examination period shall be extended for
a time necessary for receiving the applicant’s response.
If the
applicant fails to provide the necessary additional information to the Patent
Authority within the period laid down or does not submit the documents that were
missing on the date of receipt of the application or if the applicant fails to
file a request for extension of the period laid down, the application shall be
deemed to have been withdrawn and the Patent Authority shall notify the
applicant accordingly.
Article 20
Publication of Particulars of Invention Applications
1.
The Patent Authority shall publish the particulars of every application in
respect of which the preliminary examination finding is favourable in the
Official Bulletin of the Patent Authority (hereinafter referred to as “the
Official Bulletin”) on the expiration of a period of 18 months from the filing
date of the application. The list of the published particulars shall be
determined by the Patent Authority.
2.
The Patent Authority may, at the request of the applicant filed before the
expiration of a period of 12 months after the filing date of the application,
publish the particulars of the application before the time limit referred to in
the first paragraph of this Article expires.
3.
Once the particulars of the application have been published, any person shall be
entitled to inspect the application documents maintained by the Patent Office.
4.
The particulars of the application shall not be published if, prior to the
expiration of the time limit for publication, the application has been withdrawn
or is deemed to have been withdrawn or the grant of a patent has been decided
and the patent has been registered in the State Register of Inventions, or a
final decision has been taken to refuse the application.
5. The
inventor shall be entitled to waive his right to be named as such in the
publication of the particulars of the application.
Article 21
Substantive Examination of Invention Applications
1.
Within three years following the date on which the Patent Authority received the
application, the applicant or any other interested person may file a request for
substantive examination of the application. Where no request for substantive
examination is filed within the prescribed time limit, the application shall be
deemed to have been withdrawn.
2.
The substantive examination of invention applications shall be carried out in
order to verify the patentability of the invention and to determine the priority
thereof.
3.
During the substantive examination procedure the Patent Authority may request
the applicant to furnish additional elements, including amended claims, where
such elements are indispensable for the purposes of the examination.
The
applicant may request, within one month from the date of receipt of the Patent
Authority’s request, a copy of the documents cited against his application
during the examination.
The
additional elements requested by the Patent Authority shall be furnished within
two months following the receipt by the applicant of the request or the copies
of the documents cited against the application and shall not modify the
subject matter of the invention.
Where the applicant fails, within the prescribed time limit, to furnish the
additional elements requested by the Patent Authority or to file a request for
extension of the said time limit, the application shall be deemed to have been
withdrawn.
The
additional elements modifying the subject matter of the claimed invention shall
not be taken into consideration in the examination and the applicant shall be
notified accordingly.
4.
Where the substantive examination finding is that the claimed invention, as
defined by the applicant in the claims, complies with the requirements of
patentability, the Patent Authority shall decide to grant a patent with the said
claims and the indication of the determined priority date.
5.
Where the Patent Authority finds that the claimed invention, as defined by the
applicant in the claims, does not comply with the requirements of patentability,
it shall decide to refuse the grant of a patent.
A decision
refusing the grant of a patent shall likewise be taken in the case where the
applicant fails to amend the claims after the receiptf the notification that
the claims proposed by him define the invention that complies with the
requirements of patentability but contains features that did not figure in the
initial description or claims.
6.
The Patent Authority shall inform the applicant in writing of a decision taken
as a result of the substantive examination and also of the priority date of the
invention within 5 working days as from the date on which the decision was
taken.
7.
The applicant may request, within one month of the date of receipt of the
decision on the application, a copy of the documents cited against his
application as a result of the substantive examination.
8.
The decision to grant a patent may be reconsidered by the Patent Authority
before the invention has been registered where the invention or utility model
application has been filed that enjoys earlier priority in accordance with the
third to sixth paragraphs of Article 16 of this Law, and also in the case where
the application or the granted patent in respect of the identical invention or
utility model that enjoys the same priority has been found.
9.
The Patent Authority may reconsider the decision taken as a result of the
substantive examination if it has been taken in violation of the manner of
prosecution of the invention application established in accordance with this
Law. The decision to grant a patent may be reconsidered before the invention has
been registered in the State Register of Inventions.
10. In the event of disagreement with the decision to refuse the grant of a
patent, the applicant shall have the right to file a request for reconsideration
with the Patent Authority within three months following the date on which he
received the decision or, if he has so requested, the copies of the documents
cited against his application.
11. Reconsideration shall take place within six months as from the date on which
the applicant’s request was received at the Patent Authority.
12. If it is found during the examination that identical inventions have the
same priority date, a single patent shall be granted to the applicants, subject
to their agreement.
In the
absence of agreement between the applicants, the latter may apply to a court to
settle the problem of granting a patent. No patent shall be granted by the
Patent Authority until the court has ruled on the matter.
Article 22
Provisional Legal Protection
1.
An invention in respect of which an application has been filed shall, as
from the date of publication of the particulars of the application and up to the
date of publication of the particulars of the patent grant, enjoy provisional
legal protection within the scope of the published claims.
2.
Any natural or legal person who uses the claimed invention during the period of
provisional legal protection shall pay compensation to the owner of the patent
after the grant thereof. The amount of the compensation and the procedure for
paying thereof shall be determined by agreement between the parties.
3.
If the application has been withdrawn or is deemed to have been withdrawn or if
a final decision refusing the grant of a patent has been taken, the provisional
legal protection shall be deemed never to have existed.
Article 23
Examination of Utility Model Applications
1.
The examination of utility model applications shall be carried out by the Patent
Authority in accordance with this Law and other normative texts.
2.
No verification of the compliance of the claimed utility model with the
patentability requirements laid down by this Law shall be carried out.
3.
The examination of a utility model application shall be carried out to verify
that all necessary documents are present and that they satisfy the required
conditions, and to examine whether the claimed utility model relates to subject
matter that is patentable.
4.
The examination shall be carried out within three months of the date on which
the application is received at the Patent Authority.
5.
If it is found as a result of the examination that the application is for a
utility model that does not relate to patentable subject matter, the Patent
Authority shall take a decision to refuse the grant of a patent.
6. Where the
documents contained in the application do not comply with the prescribed
requirements, the applicant shall be invited by the Patent Authority to furnish
corrected or missing documents within two months of the date of receipt of the
invitation. If the applicant fails to comply within the prescribed time limit
with the invitation or fails to file a request for extension of the time limit,
the application shall be deemed withdrawn.
7.
Where the applicant files additional elements, an examination shall be made to
ascertain whether they modify the subject matter of the claimed utility model.
8.
The additional elements modifying the subject matter of the claimed utility
model shall not be taken into consideration in the examination and the applicant
may file them in the form of a separate application.
9.
Where the application does not comply with the requirement of unity of utility
model, the applicant shall be invited to state, within two months, which
solution should be examined and to correct the description, the claims and the
drawings accordingly.
If the
applicant fails, within two months following the date of receipt of the
notification of non-compliance with the requirement of unity of utility model,
to state which of the solutions should be examined and to furnish the corrected
documents, the application shall be deemed withdrawn.
10. The applicant or any interested person may request that an information
search be carried out in respect of the application filed in order to determine
the prior art compared with which the novelty of a utility model may be
assessed. The appropriate procedure for the information search and the
communication of the findings thereof shall be determined by the Patent
Authority.
11. Where it is ascertained, as a result of the examination, that the
application concerns a utility model that is patentable and that the documents
contained in the application comply with the prescribed requirements, the Patent
Authority shall take a decision to grant a patent.
12. The
Patent Authority shall inform the applicant in writing of a decision taken as a
result of the examination, and also that a priority date has been afforded to
the utility model in accordance with Article 16 of this Law within 5 working
days as from the date on which that decision was taken.
13. The applicant shall be entitled to withdraw his application prior to
registration of the utility model.
Article 24
Examination of Industrial Design Applications
1.
The examination of industrial design applications shall be carried out by the
Patent Authority in accordance with this Law and other normative texts.
2.
Industrial design applications shall not be subject to verification of
compliance of the claimed industrial design with the patentability requirements
laid down by this Law.
3.
The examination of an industrial design application shall be carried out to
verify that all necessary documents are present and that they satisfy the
required conditions, and to examine whether the claimed industrial design
relates to subject matter that is patentable.
4.
The examination of the application shall be carried out within three months of
the date on which the application is received at the Patent Authority.
5.
If it is found as a result of the examination that the application is for an
industrial design that does not relate to patentable subject matter, the Patent
Authority shall take a decision to refuse the grant of a patent.
6.
Where the documents contained in the application do not comply with the
prescribed requirements, the applicant shall be invited, within two months, to
furnish corrected or missing documents. If the applicant fails to comply within
the prescribed time limit with the invitation or fails to file a request for
extension of the time limit, the application shall be deemed withdrawn.
7.
Additional elements that alter the essential characteristics of the industrial
design as a whole shall not be taken into consideration in the examination. The
applicant may file such additional elements in the form of a separate
application.
8.
Where the application does not comply with the requirement of unity of
industrial design, the applicant shall be invited to state, within two months,
which industrial design should be examined and to correct the relevant
documents.
If the
applicant fails, within two months following the date of receipt of the
notification of non-compliance with the requirement of unity of industrial
design, to state which of the industrial designs should be examined and to
furnish the corrected documents, the application shall be deemed withdrawn.
9.
Where it is ascertained, as a result of the examination, that the application
concerns an industrial design that is patentable and that the documents
contained in the application comply with the prescribed requirements, the
Patent Authority shall take a decision to grant a patent.
10. The
Patent Authority shall inform the applicant in writing of a decision taken as a
result of the examination, and also that a priority date has been afforded to
the industrial design in accordance with Article 16 of this Law within 5 working
days as from the date on which that decision is taken.
11. The applicant shall be entitled to withdraw his application prior to
registration of the industrial design.
Article 25
Appeal Against Decisions on Applications
1.
In the event of disagreement with the decision taken as a result of the
preliminary or the substantive examination of the invention application or with
the decision taken as a result of the examination of the utility model or
industrial design application, the applicant shall have the right to appeal
against that decision, setting out his arguments, to the Examination Appeal
Board of the Patent Authority (hereinafter referred to as “the Appeal Board”)
and/or to the courts. The Appeal Board is a body for hearing appeals from
decisions taken as a result of the examination of applications for industrial
property titles, and also for considering and ruling on oppositions to the grant
of patents for industrial property objects.
2.
The applicant shall lodge an appeal with the Appeal Board within three months
following the date on which he received the relevant decision or, if he so
requested, copies of the documents cited against his application.
The appeal
shall be considered within four months following the date of its receipt. In
the case of a complex application, that time limit may be extended with the
agreement of the applicant.
3.
The applicant may appeal to a court of justice against the ruling of the Appeal
Board within a period of six months from the date on which the ruling is
received.
Article 26
Conversion of Applications
1.
The applicant may, prior to publication of the particulars of the invention
application but no later than the date on which he has received the decision
to grant a patent for invention, convert the said application into a utility
model application by filing a request to that effect with the Patent Authority.
The utility
model application may be converted into an invention application at any time
before the applicant has received a decision to grant a patent for utility model
or, if a decision to refuse the grant of a patent for utility model has been
taken, prior to expiration of the time limit for lodging an appeal against that
decision.
2.
A converted application shall maintain the priority date and the filing date of
the initial application.
Article 27
Reinstatement of Rights Contingent on Time Limits
1.
An applicant who fails to comply with the time limits laid down in the fifth
paragraph of Article 19, the third and tenth paragraphs of Article 21 and the
second paragraph of Article 25 may, if he requests so, be reinstated in his
rights by the Patent Authority, provided that he pays the prescribed fee and
presents legitimate reasons to justify his failure.
2.
The request for reinstatement of rights contingent on a time limit may be filed
by the applicant no later than 12 months after expiry of the time limit
concerned.
Article 28
Registration of Inventions, Utility Models and Industrial Designs
1.
Upon a decision to grant a relevant patent and on condition that the prescribed
fee has been paid, the Patent Authority shall register the invention in the
State Register of Inventions or, in the case of a utility model, in the State
Register of Utility Models or, in the case of an industrial design, in the State
Register of Industrial Designs. There shall be entered in the State Registers
the particulars relating to the registration of the invention, utility model or
industrial design, and also any amendments to the said particulars. The list of
particulars concerning the invention, utility model or industrial design that
are entered in the State Registers shall be prescribed by the Patent Authority.
2.
For entering amendments to the State Registers, the owner of the patent shall,
at the same time as he files a request for amendment of the relevant State
Register, furnish to the Patent Authority documents that justify the reasons for
entering the amendments.
3.
The Patent Authority may, on its own initiative or at the request of the owner
of the patent, correct grammatical, typographical or other obvious errors in the
entries concerning the registration of the invention, utility model or
industrial design in the State Registers.
4. In the
event of failure to furnish a document attesting payment of the prescribed fee
for the registration of an invention, utility model or industrial design or for
the grant of a patent, the invention, utility model or industrial design shall
not be registered in the State Register concerned and the patent shall not be
issued, and the relevant application shall be deemed to have been withdrawn.
Article 29
Publication of Particulars of Patents
1.
The Patent Authority shall publish the particulars of an invention patent,
utility model patent or industrial design patent in the Official Bulletin
within six months as from the date the invention, utility model or industrial
design is entered in the relevant State Register. The list of the published
particulars shall be determined by the Patent Authority.
2. There
shall also be published in the Official Bulletin all amendments that are entered
in the State Registers.
Article 30
Grant of Patents
1.
After having published the particulars of the invention, utility model or
industrial design patent, the Patent Authority shall issue a patent to the owner
of the patent.
2. If two or
more persons are entitled to obtain a patent, one single patent shall be issued
to them naming all patent owners.
Article 31
Patent Fees
1.
Fees shall be payable for the filing of an invention, utility model or
industrial design application, for the registration of an invention, utility
model or industrial design, for the grant and maintenance of a patent and for
the performance of other acts relating to the patenting of inventions, utility
models and industrial designs.
2.
A list of acts for which fees are payable, the amounts of the fees and the time
limits for the payment thereof, shall be determined by the Council of Ministers
of the Republic of Belarus.
3.
The procedure for using the fees shall be laid down by normative texts.
Article 32
Patenting Abroad
1.
Natural and legal persons of the Republic of Belarus shall be entitled to seek
patents for inventions, utility models and industrial designs abroad.
2.
Before filing an invention, utility model or industrial design application
abroad, the applicant shall be required to file a corresponding application in
the Republic of Belarus and to inform the Patent Authority of his intention to
seek an invention, utility model or industrial design patent abroad.
If no
prohibition of the Patent Authority is notified to him within three months
following the Patent Authority’s receipt of notice of his intention, he may
subsequently file invention, utility model or industrial design applications
abroad.
The filing
abroad of an invention, utility model or industrial design application may be
effected before the expiration of the prescribed time limit, but no earlier
than after verification of the presence of confidential information, the
disclosure of which may be prejudicial to the security of the Republic of
Belarus, carried out in accordance with the procedure prescribed by the Council
of Ministers of the Republic of Belarus.
Inventions,
utility models and industrial designs including confidential information, the
disclosure of which may be prejudicial to the security of the Republic of
Belarus, shall be made secret in the manner prescribed by law and shall not be
patented abroad.
3.
Any expenses occurred in seeking invention, utility model or industrial design
patents abroad shall be borne by the applicant or, with his consent, by any
other natural or legal person.
4.
Applications for the obtaining of patents under international treaties to which
the Republic of Belarus is party shall be filed with the Patent Authority,
unless otherwise provided for in accordance with provisions of those
international treaties.
Title V
Revocation and Restoration of Lapsed Patents
Article 33
Invalidation of Patents
1.
Throughout the term of its validity, an invention, utility model or industrial
design patent may be invalidated, in whole or in part, in the following cases:
1.1 the
protected invention, utility model or industrial design does not meet the
conditions of patentability specified in this Law;
1.2 the
claims of the protected invention or utility model include features that did not
appear in the description or claims as initially filed;
1.3 the
patent contains an incorrect indication of the author (joint authors) or the
patent owner (patent owners).
2. The
Patent Authority shall publish in the Official Bulletin information concerning
invalidated patents.
3. Any
natural or legal person may file opposition to the grant of a patent with the
Appeal Board on the grounds specified in subparagraphs (a) and (b) of the first
paragraph of this Article.
Opposition
to the grant of a patent shall be considered by the Appeal Board within six
months of the date on which it was received. The opponent and the patent owner
may take part in the proceedings.
The decision
taken by the Appeal Board on the opposition to the patent grant may, within six
months from the date on which it was received, be appealed from to the courts by
the opponent or the patent owner.
4.
Opposition to the grant of a patent filed on the ground specified in
subparagraph 1.3 of the first paragraph of this Article shall be considered by
the courts.
Article 34
Premature Termination of Patents
1. The
validity of a patent shall terminate prematurely
1.1 at the
request of the patent owner, filed with the Patent Authority;
1.2 in the
event of failure to pay the annual maintenance fee within the prescribed time
limit;
1.3 in the
event of invalidation of the patent under Article 33 of this Law.
2. The
Patent Authority shall publish information concerning prematurely terminated
patents in the Official Bulletin.
Article 35
Restoration of Patent Validity
1.
Where the validity of the patent has been terminated in the event of failure to
pay the patent maintenance fee and where the term of the patent has not yet
expired, the validity of that patent may, at the request of the patent owner, be
restored by the Patent Authority, provided that the patent owner has paid the
maintenance fee arrears and the prescribed fee for the filing of such a request.
2. Any
natural or legal person who, during the period between the date of termination
of the invention, utility model or industrial design patent validity and the
date of restoration thereof in accordance with the first paragraph of this
Article, has used in the territory of the Republic of Belarus a solution that is
the same or has made the necessary preparation for such use, shall maintain the
right to continue using that solution free of charge, provided that the scope of
the use is not extended (right of interim user).
Title VI
Use
of Inventions, Utility Models and Industrial Designs
Article 36
Manner of Using Inventions, Utility Models and Industrial Designs
1. The
marketing of any product in which a patented invention has been used or the
application of a patented process shall be deemed to constitute use of an
invention.
The
manufacture of a product shall be deemed to involve use of a patented invention
and a patented process shall be deemed to have been applied if the product or
process incorporates each essential feature of the invention included in an
independent claim or an equivalent feature.
2. The
marketing of any product in which a patented utility model has been used shall
be deemed to constitute use of a utility model.
The
manufacture of a product shall be deemed to involve use of a patented utility
model if the product incorporates each essential feature of the utility model
included in an independent feature.
3. The
marketing of any article in which a patented industrial design has been used
shall be deemed to constitute use of an industrial design.
The
manufacture of an article shall be deemed to involve use of a patented
industrial design if the article incorporates all the essential features of the
industrial design and if it is visually indistinguishable from the
representation protected by the patent.
4. No person
who is not the patent owner may use the invention, utility model or industrial
design without authorization of the patent owner, except in cases where such use
shall not be considered to constitute infringement of the rights of the patent
owner in accordance with this Law.
5. Any
natural or legal person wishing to use the invention, utility model or
industrial design shall be required to conclude an agreement with the patent
owner for the grant of the right to use the invention, utility model or
industrial design (hereinafter referred to as “licensing agreement”).
6. Any
licensing agreement, patent assignment contract or pledge on the patent rights
shall be registered with the Patent Authority, failing which it shall be deemed
null and void.
7. Where two
or more persons are owners of the same patent, their relations with regard to
the use of the invention, utility model or industrial design under the patent
shall be determined by agreement between them. In the absence of agreement,
each of the owners may use the invention, utility model or industrial design at
his discretion, except with respect to the licensing or assignment of the
patent.
Article 37
Open
Licensing
1.
The owner of a patent may communicate to the Patent Authority, for official
publication, a declaration in which he undertakes to grant to any person the
right to use the invention, utility model or industrial design (open
licensing) on the basis of a simple, non-exclusive licensing. In such cases,
the patent maintenance fee shall be reduced by 50% as from the year following
the year of publication of the declaration.
2.
Any person wishing to use the invention, utility model or industrial design
shall be entitled to seek from the patent owner a licensing agreement on such
conditions as have been specified in the declaration concerning the open
licensing.
Article 38
Compulsory Licensing
Where the
owner of a patent has failed to use or has insufficiently used an invention
within five years or a utility model or industrial design within three years
following the date of the grant of the patent, any person who wishes to use the
patented invention, utility model or industrial design and is in a position to
do so, but with whom the owner of the patent has refused to conclude a licensing
agreement, may apply to the courts for the grant of a non-exclusive compulsory
license. The court shall grant a compulsory license and shall lay down the
limits on the use of the invention, utility model or industrial design, as also
the amount, dates and procedure for the payment of royalties, unless the patent
owner is able to prove that the failure to use or the insufficient use of the
invention, utility model or industrial design is justified by legitimate
reasons.
Article 39
Right of Prior User
1.
Any natural or legal person who, before the priority date of a patented
invention, utility model or industrial design and independently of the author,
has devised and used in good faith on the territory of the Republic of Belarus a
solution that is the same as the patented invention, utility model or industrial
design or has made the necessary preparation for such use, shall maintain the
right to continue using that solution free of charge, provided that the scope of
the use is not extended (right of prior user).
2.
The right of prior user may only be transferred to another natural or legal
person together with the production unit in which use of the identical solution
has taken place or in which the necessary preparation for use was made.
Title VII
Institutional Basis for the Legal Protection of Inventions, Utility Models and
Industrial Designs and Liability for Infringement of the Rights of Authors and
Patent Owners
Article 40
Functions of the Patent Authority
1.
The Patent Authority shall, in accordance with this Law, receive applications in
respect of inventions, utility models and industrial designs, shall undertake
their examination, effect the State registration of inventions, utility models
and industrial designs, grant patents having effect throughout the territory of
the Republic of Belarus, ensure, within the limits of its competence, compliance
with patent legislation, draft general implementing regulations, interpret and
clarify the provisions of this Law, provide, in respect of the above matters,
methodological assistance to interested natural and legal persons, train
specialists in patent matters, provide patent information services, organize the
official proficiency examination for patent agents and register them, and shall
perform other functions specified in the legislation.
2. Where an
invention relates to a method of treatment for human beings, the Patent
Authority may, after the relevant application has been published, obtain
information from the responsible State establishments on the possibilities of
using the claimed invention.
3.
Officials and other employees of the Patent Authority may not, for the duration
of their employment and for one year following the termination of the their
employment, either file invention, utility model or industrial design
applications or directly or indirectly acquire rights in a patent or draw up
invention, utility model or industrial design applications on behalf of any
other person.
Article 41
Liability for Infringement of the Rights of Authors and Patent Owners
1. Any
person who usurps authorship, acquires status of joint author by coercion or
without authorization discloses the subject matter of a presumed invention,
utility model or industrial design before a patent application has been filed
or who violates the exclusive rights of the patent owner shall be liable under
the legislation.
2. Officials
and patent examiners of the Patent Authority, and also of the authority which is
responsible to permit the use of a patented product or process, shall be liable
under the legislation if they disclose the subject matter of the relevant
application prior to its publication.
Title VIII
Final Provisions
Article 42
International Treaties
Where an international treaty to which the Republic of Belarus is party contains
provisions that differ from those set out in this Law, the provisions of the
international treaty shall prevail.
Article 43
Rights of Foreign Natural and Legal Persons and of Stateless Persons
Foreign
natural and legal persons and stateless persons shall enjoy the rights provided
by this Law and other legislative texts on patents for inventions, utility
models and industrial designs of the Republic of Belarus, and have liability, on
the same footing as natural and legal persons of the Republic of Belarus, except
as otherwise provided in the laws of the Republic of Belarus and in
international treaties.
Article 44
Entry into Force of this Law
1. This Law
shall enter into force six months after its official publication, except for
Article 46 which shall enter into force on the day of the official publication
of this Law.
2. Until the
legislation of the Republic of Belarus has been made to comply with this Law,
the hitherto applicable Law shall continue to apply where it is not contrary to
this Law, unless otherwise provided in the Constitution of the Republic of
Belarus.
Article 45
Invalidation of Certain Legal Acts
In
connection with the entry into force of this Law there shall be repealed:
1. the Law
of the Republic of Belarus on Industrial Design Patents of February 5, 1993
(published in the Vedomosti of the Supreme Soviet of the Republic of Belarus,
1993, No. 11, p. 119);
2.
the Law of the Republic of Belarus on Patents for Inventions and Utility Models
of July 8, 1997 (published in the Vedomosti of the National Assembly of the
Republic of Belarus, 1997, No. 27, p. 471);
3. the Law
of the Republic of Belarus of January 6, 1998, amending and supplementing the
Law of the Republic of Belarus on Patents for Inventions and Utility Models
(published in the Vedomosti of the National Assembly of the Republic of Belarus,
1998, No. 5, p. 26);
4. Articles
1 and 3 of the Law of the Republic of Belarus of July 16, 2001, amending certain
industrial property legal acts of the Republic of Belarus (registered in the
National Register of Legal Acts, 2001, No. 67, 2/791);
5.
the Decision of the Supreme Soviet of the Republic of Belarus of February 5,
1993, on the Enactment of the Law of the Republic of Belarus on Industrial
Design Patents (published in the Vedomosti of the Supreme Soviet of the Republic
of Belarus, 1993, No. 11, p. 120).
Article 46
Within a
period of six months, the Council of Ministers of the Republic of Belarus shall:
- bring its
decisions into compliance with this Law;
- ensure
that the authorities of the State bring their normative texts into conformity
with this Law;
- secure the
adoption of normative texts necessary for the implementation of this Law