Patents Laws in Belarus
Here’s an overview of Patent Laws in Belarus:
1. Legal Framework
Patents in Belarus are governed by the Law on Inventions, Utility Models, and Industrial Designs (No. 233-Z, 2006).
Belarus is a member of the Eurasian Patent Organization (EAPO), allowing patent protection via the Eurasian Patent Convention.
The country is also a party to several international IP treaties, including the Paris Convention and the Patent Cooperation Treaty (PCT).
2. Patent Protection
Patents protect inventions that are:
New (novel)
Have an inventive step
Are industrially applicable
The patent term is 20 years from the filing date.
Utility models are protected for a shorter period (usually 10 years).
3. Patent Application and Grant
Applications can be filed with the National Center of Intellectual Property (NCIP) in Belarus.
Alternatively, patents can be obtained via the Eurasian Patent Office (EAPO) or through the PCT system designating Belarus.
Applications must include a detailed description, claims, drawings (if needed), and an abstract.
The NCIP conducts both formal and substantive examination of applications.
4. Rights Conferred
Patent holders have exclusive rights to use, license, assign, and prevent unauthorized use of the invention.
The rights cover manufacturing, selling, importing, and using the patented invention.
5. Limitations and Exceptions
Subject matters excluded from patentability include:
Discoveries, scientific theories, and mathematical methods,
Methods for treatment of humans or animals,
Plant and animal varieties.
Certain compulsory licenses can be issued under specified conditions.
6. International Treaties
Belarus is a party to:
Paris Convention (1883)
Patent Cooperation Treaty (PCT)
Eurasian Patent Convention
Budapest Treaty on the recognition of microorganism deposits.
7. Enforcement
Patent disputes are handled by Belarusian courts.
Enforcement includes injunctions, damages, and other remedies.
Patent validity can be challenged through court or administrative procedures.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Law on Inventions, Utility Models, and Industrial Designs (2006) |
| Patent Duration | 20 years from filing date |
| Patent Office | National Center of Intellectual Property (NCIP) |
| Examination | Formal and substantive examination |
| Patentability Criteria | Novelty, inventive step, industrial applicability |
| Exclusions | Discoveries, treatment methods, plant and animal varieties |
| International Treaties | PCT, Paris Convention, Eurasian Patent Convention |
| Enforcement | Courts; injunctions, damages, invalidation |
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