LITIGATIONS
Our Lawyers provide the following services:
- Enforcement of patent rights
- Ceases and Warning Letters
- Appellations and Court proceedings for IPR enforcement
- Counterfighting goods Watch and Enforcement at Custom
- Protection from Unfair competition
- Cancellation of Patents and TMs including on basis of non-use
- Pre and out-of-court negotiation
Enforcement of patent rights in Belarus is provided by the Legal system, including the Civil Code, Patent and Trademark Laws, as well as the Administrative and the Criminal Codes. The Custom Code of Eurasian Economic Union also contains dispositions concerning to IP Rights enforcement.
The Prosecution System includes the Patent Office - National Center of Intellectual Property - with the Board of Appeals, the Judicial Chamber for Intellectual Property Disputes of the Supreme Court of the Republic of Belarus, The Ministry for Anti-monopoly Regulations and Trade, State Customs Committee of the Republic of Belarus and Internal affairs bodies.The Chamber for Intellectual Property Disputes is the only court instance in Belarus competent in consideration of disputes in respect of all Intellectual Property Objects as well as copyright and related rights. Proceedings can be initiated by a third party through a written claim.
Protection from Unfair competition can be implemented either in The Ministry for Anti-monopoly Regulations and Trade or in The Chamber for Intellectual Property Disputes.
A legal Owner of the Trademark registration having the grounds to believe that the rights for the intellectual property object can be infringed at transfer the goods through the customs border of the Republic of Belarus, has the right to submit to the State Customs Committee of the Republic of Belarus a written application for realization of measures on protection of his exclusive right. Such procedure is highly demanded because of absence of the official fee for application consideration.