Decrees of the Patent Court Board of the Supreme Court
of the Republic of Belarus
The Patent Court Board of the Supreme Court of the Republic of Belarus was
established in the beginning of 2000. It tries civil cases of disputes (actions)
resulting from the administration of IP legislation in first instance.
We
begin the publication of the court practice of the board on our site.
1. An invention, a utility model is considered to be employee's if the subject of the invention or of the utility model relates to the employer’s field on condition that the activity which resulted in the creation of the invention belongs to the official duties of the author. The employee must report to the employer in written form about the creation of the official invention or utility model
(extract).
2. The mark may take a
distinctive character, which it did not have before, by using this
mark. (extract)
3.
Unauthorized, i.e. realized without consent and permission of the
owner of a trademark, production, use, import, offer for sale, sale
and other ways of civil offering or stocking of the trademark or
labelled commodity, on this purpose are considered to be the violation
of rights of the owner of the trademark. (extract)
4. If the information about the filed application for the invention was not published by the patent authority and the invention did not get temporary legal
protection, the protection of the invention starts from the day of its registration in the Invention
Register.
Unauthorized manufacture, offer for sale and sale of the product are considered to be a violation of the exclusive right of the patent holder only in cases when the product contains the patented
invention. (extract)
5. Deciding a trademark issue the legal protection cannot be granted to a verbal
designation, which is descriptive and points out the quality of the
product. As a result of protractive use of the verbal sign for labeling cigarettes by both home and foreign cigarette producers on the territory of the Republic of Belarus the verbal sign has lost the distinctive
ability. (extract)
6. The signs, identical or similar to the degree of confusion with the trademarks regarding similar products that are already registered or claimed for registration in the Republic of Belarus in the name of another person, cannot be registered as trademarks.
(extract)
7. The plaintiff who declared the claim about the preschedule total or partial cessation of the international trademarks registration must prove to the court the presence of the legal interest in the solution of a dispute in his
favour. (extract)
8. The violation of the conditions of the license agreement of the know-how assignation entails the protection of the violated right juridically.
(extract)
9. The court has the right to diminish the forfeit, which is evidently out of proportion with the consequences of the engagement
violations. (extract)
10. The offer for sale of the production labelled with a trademark being used without the permission of its grantee is an element of civil introduction of the product and appears to be an independent violation of the exclusive right of the grantee of the
trademark. (extract)
11. The priority of the industrial design, used in an exhibit presented at an official or declared to be official international exhibition, held on the territory of a member-state of the Paris Convention for the Protection of the Industrial Property, is fixed according to the first date of the public demonstration of the exhibit at the exhibition, if the application was filed within 6 months starting from this date. When determining the priority, it is necessary to have an image of the exhibit, placed at the exhibition. (extract)
12.
The employer or his assignee must offer a gratuitous concession of the
patent to the author of the official object of the industrial property (OIP)
in case he lost the interest in upholding the patent in force. The employer
has the right to refuse in protection of the OIP if the employee does not
apply for the assignation within 3 months after receiving a written offer
from the employer. (extract)
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