Industrial Designs Law in Belarus
Industrial Designs Law in Belarus
1. Legal Framework
Industrial design protection in Belarus is governed by:
Law of the Republic of Belarus “On Legal Protection of Industrial Designs” No. 243-Z, adopted on July 10, 2002, with subsequent amendments.
Administered by the National Center of Intellectual Property (NCIP), part of the National Institute of Intellectual Property under the Ministry of Justice.
Belarus is a member of international treaties such as:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
Eurasian Patent Organization (EAPO)
Note: Belarus is not a member of the Hague Agreement for international design registration.
2. What Can Be Protected?
Industrial designs cover the appearance of a product or part of a product resulting from features like lines, contours, colors, shape, texture, or materials.
The design must be new and have individual character.
Designs dictated solely by technical function or contrary to public order or morality are excluded.
3. Registration Process
Filing Authority: National Center of Intellectual Property (NCIP)
Process:
Application Filing:
Includes images or drawings representing the design.
Description of the product to which the design applies.
Formal Examination:
Checking completeness and formality.
Substantive Examination:
Checking novelty and individual character.
Publication:
Published in the official bulletin.
Registration and Issuance of Certificate:
If requirements are met, a certificate of industrial design registration is granted.
4. Duration of Protection
The initial protection term is 5 years from the filing date.
Renewable for up to 3 additional consecutive 5-year periods, totaling a maximum of 20 years.
5. Rights Conferred
Exclusive rights to use the industrial design.
Right to prevent unauthorized manufacture, use, sale, or import of products bearing the design.
The design rights can be licensed, assigned, or pledged.
6. Infringement and Enforcement
Enforcement through civil courts and administrative procedures.
Remedies include injunctions, damages, and seizure/destruction of infringing goods.
Customs authorities may assist in border enforcement.
7. International Protection
Belarus allows priority claims under the Paris Convention.
As a member of the Eurasian Patent Organization (EAPO), Belarus offers patent cooperation but not design registration through this route.
Belarus is not a member of the Hague System for international design registration.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law No. 243-Z “On Legal Protection of Industrial Designs” |
| Registration Authority | National Center of Intellectual Property (NCIP) |
| Protection Duration | 5 years, renewable up to 20 years total |
| International Treaties | Paris Convention (priority claims), PCT, EAPO (patents) |
| Hague Agreement Member | No |
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