Electronic filing (EF)
of applications for industrial property objects is now
available in the Republic of Belarus!
IP objects included in EF
From October 1, 2022 the automated system "Internet portal for electronic filing of applications for industrial property objects" was launched. Currently applications in an electronic form may be filed with the Belarusian PTO for the following four objects of industrial property: an invention, a utility model, an industrial design and a trademark.
It should be noted that implementation of the possibility to submit applications in an electronic form is a big step for the development of the field of Intellectual Property for the Republic of Belarus.
The introduction of the possibility of conducting office work on applications for industrial property objects in an electronic form was preceded by a long preparatory period. During this time, among other things, relevant changes were made to the legislation.
Electronic copy of a power of attorney
By the way, in anticipation of the launch of the new automated system, the legislator provided the possibility of submitting a Power of Attorney on behalf of the applicant in the form of a copy – this is necessary for the implementation of the very idea of electronic filing of an application. At the same time, the Office Examiner has the right to request the original document in the process of office work.
15% discount on official fees for EF
It is important to note that the current legislation of the Republic of Belarus already provides for a discount of 15% off the established fee for filing applications in electronic form.
At the same time, there is no discount for other types of fees (examination, registration of an object in the State Register, etc.).You can learn more about registration of intellectual property objects in the Republic of Belarus by writing to our e-mail firstname.lastname@example.org.
Innovations in Belarusian legislation in the field of customs regulationOn July 25, 2022, a number of amendments to the Law of the Republic of Belarus of January 10, 2014 No. 129-Ç “On Customs Regulation in the Republic of Belarus” came into force. The amendments also affected the sphere of intellectual property: the provisions on measures for protection of rights to intellectual property objects taken by the customs authorities were updated.
Here are the most important innovations that need to be taken into account by a right holder wishing to record a trademark into the national CIPR (Customs Intellectual Property Register) of the Republic of Belarus:
- As from 07.25.2022, only persons who are residents of the Republic of Belarus can be representatives of right holders in the customs authorities.
What this means: for intellectual property objects recorded into the CIPR, the representatives of right holders of which are foreign persons, it is necessary to make changes to the Register in order to preserve the possibility of receiving notifications about suspension of release of goods in case of discovering any violations.
- Extracts from state registers of objects of industrial property rights, extracts from international registers of the International Bureau of WIPO should be issued on a date no earlier than two months before the date of application filing.
What this means: now, for the purposes of recording, for example, trademarks into the CIPR, an extract from the register obtained “a long time ago” will not suit. Therefore, it is recommended to collect all the necessary information and documents for the purposes of application filing, and to order extracts only after that.
- Images of goods, labels, packaging of goods containing intellectual property objects should be obligatory provided when filing an application to the customs authorities.
What this means:What this means: while formerly such materials were submitted by a right holder optionally, now it is obligatory. In case of a failure to submit images or photos of goods marked with intellectual property objects, the State Customs Committee will refuse to accept the entire application.
- In the event of a change in the information specified in the application or the documents attached thereto,
it is necessary to notify the State Customs Committee in writing within 10 working days from the date of the change in the information.
What this means:What this means: now an intellectual property object can be excluded from the national CIPR by the decision of the State Customs Committee if it has information about non-compliance with the above requirement.
Furthermore, an intellectual property object is subject to exclusion from the Register in the event that the State Customs Committee receives information about a change of its holder.
What this means: What this means: now it is necessary to make changes to the customs register as soon as possible, immediately after the registration of changes in the registers of intellectual property objects of the NCIP or the International Bureau.
We have listed the most significant of the changes made.
You can learn more about recording of intellectual property objects into the national CIPR of the Republic of Belarus by writing to our e-mail .
Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention entered into force in Belarus
New Service of PAG-E-PAG - registration of Eurasian Design
The Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention entered into force as of April 19, 2022.
The benefits of patenting industrial designs under the Eurasian regional system are the following:
- on the basis of one Eurasian application, all applicants are given the opportunity to protect industrial designs simultaneously in several countries,
- currently a patent for a Eurasian industrial design is valid in 7 states: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia and Tajikistan,
- up to 100 industrial designs belonging to one ICID class can be claimed in one application, and moreover there is no need to comply with the requirement for a "single creative concept", - in order to display patented products, a wide range of options is provided - from contour drawings to digital images of products as a whole, as well as photographic images and fragments of products, - a patent may be valid for a maximum of 25 years from the date of filing an application for a patent for an industrial design.
Currently, PAG-EPAG also provides services for patenting Eurasian industrial designs.
Patent Attorney Alina N. Venska is certified as a Eurasian patent attorney with the specialization in industrial designs (Registration No. 84).