Geographical Indications Law in Belarus
Here is an overview of the Geographical Indications (GIs) law in Belarus:
Geographical Indications Law in Belarus
1. Legal Framework
Belarus has specific legislation in place to protect Geographical Indications (GIs) and Appellations of Origin (AOs).
Main laws and regulations:
Law of the Republic of Belarus on Geographical Indications (2002, amended)
Civil Code of the Republic of Belarus (Part Four – Intellectual Property)
Regulations on the Procedure for Registration of Appellations of Origin and GIs
Implementing rules issued by the National Center of Intellectual Property (NCIP)
2. Key Definitions
Belarusian law distinguishes between:
Appellation of Origin (AO): A name identifying goods whose quality and characteristics are exclusively or essentially due to the geographical environment (natural and human factors).
Geographical Indication (GI): A name identifying goods that originate in a certain place and possess a quality, reputation, or characteristic essentially attributable to that place.
These definitions are in line with international standards, including those under the TRIPS Agreement and the Lisbon Agreement.
3. Registration and Protection Process
GIs and AOs must be registered with the National Center of Intellectual Property (NCIP).
Applications can be submitted by producers, groups of producers, or associations.
Upon examination and approval, the GI or AO is entered into the State Register.
Protection is granted indefinitely, as long as the product continues to meet the specifications.
4. Rights and Enforcement
Registered GIs/AOs are protected against:
Unauthorized use by non-eligible producers
Imitation, evocation, or misleading use
Use of terms like “style,” “type,” or “imitation” of a protected name
Rights holders can enforce protection through civil, administrative, or criminal proceedings in case of infringement.
5. International Treaties
Belarus is a party to several treaties relevant to GI protection:
World Trade Organization (WTO) – Not a member, but applies TRIPS-like protections through bilateral and regional arrangements.
Lisbon Agreement for the Protection of Appellations of Origin (WIPO)
Eurasian Economic Union (EAEU) agreements that harmonize IP laws, including GI protection, across member states.
6. Examples of Belarusian GIs / AOs
Some Belarusian products with recognized or potential GI status include:
Polesskiy honey
Belarusian flax fabrics
Dudutki cheese
Narochanskaya mineral water
7. Institutional Body
The National Center of Intellectual Property (NCIP) is the main authority responsible for:
Receiving and processing applications
Maintaining the State Register of GIs and AOs
Promoting awareness and enforcement
Summary Table:
| Feature | Belarus |
|---|---|
| Dedicated GI Law | Yes (2002, amended) |
| Registration Authority | National Center of Intellectual Property (NCIP) |
| International Treaties | Lisbon Agreement, TRIPS-aligned |
| Legal Protection Type | Appellation of Origin & Geographical Indication |
| Duration of Protection | Indefinite (as long as conditions met) |
| Enforcement Mechanism | Civil, administrative, and criminal laws |
| Key Challenge | Awareness and enforcement capacity |
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