Board of Appeals
The Board of Appeals reviews:
complaints:
1. against decisions on the results of preliminary examination of:
- application for the grant of a patent for invention;
- application for the grant of a patent for a plant variety;
- application for registration of a trademark;
- application for granting the right to use a geographical indication;
2. on decisions based on the results of patent examination:
- applications for the grant of a patent invention;
- application for granting a patent for a plant variety;
- application for the grant of a patent for a utility model;
- application for the grant of a patent for an industrial design;
- application for registration of the topology of an integrated circuit;
- the designation applied for registration as a trademark, adopted on the grounds provided for in paragraph 3 of Article 10, paragraph 3 of the Law of the Republic of Belarus of February 5, 1993 No. 2181-XII В«On Trademarks and Service MarksВ»;
4. decisions on the results of the examination of the application for granting the right to use a geographical indication on the merits;
5. decisions on the results of repeated examination of the designation applied for registration as a trademark;
6. decisions on the results of the examination of the designation applied for registration as a trademark of the Eurasian Economic Union;
7. decisions on the results of the examination of the application for the appellation of origin of goods of the Eurasian Economic Union.
objections against:
1. granting a patent for an invention, utility model, industrial design in accordance with the national registration procedure;
2. granting a patent for a plant variety;
3. granting a patent for an invention under the Eurasian Patent Convention of September 9, 1994;
4. granting a patent for an industrial design in accordance with the Protocol for the Protection of Industrial Designs to the Eurasian Patent Convention of September 9, 1994;
5. international registration of an industrial design in accordance with the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of July 2, 1999;
6. granting legal protection to a trademark registered in accordance with the national registration procedure, as well as in accordance with the Madrid Agreement Concerning the International Registration of Marks of April 14, 1891 and the Protocol to the Madrid Agreement Concerning the International Registration of Marks of June 27, 1989;
7. granting legal protection to the trademark of the Eurasian Economic Union;
8. granting legal protection to the appellation of origin of goods of the Eurasian Economic Union;
9. granting the right to use the appellation of origin of goods of the Eurasian Economic Union to a specific person(s);
10. registration of a geographical indication and granting the right to use it;
11. granting the right to use a geographical indication to a specific person (persons).
applications:
1. to recognize a trademark or a designation used as a trademark as a well-known trademark (hereinafter referred to as an application for recognition as a well-known trademark);
2. on termination of legal protection of a well-known trademark;
3. on termination of the registration of a geographical indication and the right to use it;
4. on termination of the right to use a geographical indication;
5. termination of the registration of the appellation of origin of goods of the Eurasian Economic Union and the right to use it;
6. on termination of the right to use the appellation of origin of goods of the Eurasian Economic Union.
The activities of the Board of Appeals shall be regulated by the Regulations on the Board of Appeals under the Patent Office approved by Resolution of the State Committee on Science and Technology of the Republic of Belarus No. 13 dated September 15, 2020.
Complaints, objections and statements filed with the Board of Appeal shall be considered in accordance with the Regulations on the Procedure for Filing Complaints, Objections, Statements and their Consideration by the Board of Appeal at the Patent Office approved by Resolution of the Council of Ministers of the Republic of Belarus No. 499 dated August 24, 2020.
Filing complaint, opposition, statement
A complaint is filed to the NCIP by an applicant for a corresponding application, either by himself or through a patent attorney of the Republic of Belarus.
An opposition or statement is filed with the NCIP by a person independently or through a representative, including a patent attorney of the Republic of Belarus.
An application for recognition as a well-known trademark shall be filed by the owner of the trademark or a person using the designation as a trademark.
An application for termination of legal protection of a well-known trademark, an application for termination of registration of the appellation of origin of goods of the Eurasian Economic Union and an application for termination of the right to use the appellation of origin of goods of the Eurasian Economic Union may be filed by any person.
Applications for termination of registration of a geographical indication and termination of the right to use a geographical indication shall be filed by the persons specified in the first part of paragraph 4 of Article 19 of the Law of the Republic of Belarus of July 17, 2002 в„– 127-Р— В«On Geographical IndicationsВ».
The application may also be filed by a representative of the person filing the application, including a patent attorney.
Conditions for filing a complaint, objection, statement
A complaint shall be filed in two copies and shall relate to one application for a patent for an invention, utility model, industrial design, plant variety, application for registration of an integrated circuit topology, trademark, including a trademark of the Eurasian Economic Union, application for granting the right to use a geographical indication, application for an appellation of origin of goods of the Eurasian Economic Union.
The opposition is filed in triplicate and shall relate to one patent, trademark, registration of a geographical indication, the right to use a geographical indication.
An application for recognition as a well-known trademark shall be filed in two copies, and applications for termination of legal protection of a well-known trademark, termination of registration of a geographical indication, termination of the right to use a geographical indication, termination of registration of the appellation of origin of goods of the Eurasian Economic Union and termination of the right to use the appellation of origin of goods of the Eurasian Economic Union shall be filed in three copies and shall relate to one patent, registration of a geographical indication, termination of the right to use the appellation of origin of goods of the Eurasian Economic Union.
The complaint, opposition or statement is enclosed:
- a document confirming payment of the patent fee for filing a complaint, opposition or statement;
- power of attorney executed in accordance with the law, if the complaint, opposition or statement is filed through a representative.
- the opposition to the granting of a utility model patent on the grounds provided for by subparagraph 1.1 of paragraph 1 of Article 33 of the Law of the Republic of Belarus No. 160-Z of December 16, 2002 В«On Patents for Inventions, Utility Models, Industrial DesignsВ» shall be accompanied by a petition for examination of the utility model for compliance with the conditions of patentability established by the legislation, together with a document confirming the payment of the patent fee for such examination, or a decision on examination of the utility model for compliance with the conditions of patentability established by the legislation, or a decision on examination of the utility model for compliance with the conditions of patentability established by the Law of the Republic of Belarus No. 160-Z of December 16, 2002 В«On Patents for Inventions, Utility Models, Industrial DesignsВ»;
- when filing an application for recognition as a well-known trademark for a three-dimensional trademark or a designation used as a trademark, an image of the general view of such trademark or designation and the necessary additional projections giving an exhaustive idea about them shall be submitted.
The documents attached to the complaint, opposition or termination statements shall be submitted in the same number of copies as the complaint, opposition or termination statements, except for the document confirming the payment of the patent fee for filing the complaint, opposition or statement and the power of attorney executed in accordance with the legislation, if the complaint, opposition or statement is filed through a representative.
When issuing a power of attorney in accordance with the law to represent the interests of the principal in the Appeals Board, it is recommended to specify the specific powers necessary for this purpose, for example: to sign, file, amend, or withdraw complaints (objections, applications); to sign, file responses to objections containing arguments based on the grounds of challenging the patent, certificate, or registration against which the objection has been filed; to participate in the consideration of complaints (objections, applications), including the authority to speak at a meeting of the Board of Appeals, to give explanations on the case materials, to challenge members of the Board of Appeals; to sign documents related to office work in the Board of Appeals, correspondence, receipt of any documents, and so on. A power of attorney on behalf of a legal entity must be signed by its head. If the power of attorney is signed by another person, it is necessary to provide documents confirming the authority of this person to sign the power of attorney on behalf of the legal entity.
A complaint, objection, or application is not accepted for consideration by the Appeals Board if:
- consideration of complaints, objections, and applications does not fall within the competence of the Appeals Board;
- the complaint has been filed after the expiration of the time limit and does not contain a request to restore the missed time limit for filing a complaint;
- the opposition or application for termination of the registration of a geographical indication, termination of the right to use a geographical indication, termination of the registration of the appellation of origin of goods of the Eurasian Economic Union or termination of the right to use the appellation of origin of goods of the Eurasian Economic Union has been filed after the expiration of the prescribed time limit;
- the complaint, opposition or statement is filed in violation of the requirements stipulated in paragraphs 5-15, 18-22 of the Regulations on the Procedure for Filing Complaints, Objections, Statements and their Consideration by the Board of Appeals at the Patent Office, approved by Resolution of the Council of Ministers of the Republic of Belarus No. 499 dated August 24, 2020.
The patent fee for filing an appeal, opposition or statement shall not be refunded.
The complaint, opposition or statement may be filed again provided that the reasons for non-acceptance are eliminated and the patent fee is paid in the amount prescribed by law.
Where additional materials are submitted to the previously filed opposition, applications for termination of the registration of a geographical indication, termination of the right to use a geographical indication, termination of the registration of the appellation of origin of goods of the Eurasian Economic Union and termination of the right to use the appellation of origin of goods of the Eurasian Economic Union, the Board of Appeals shall verify whether the additional materials do not change the legal grounds for such opposition or application Such materials may be formalized as an independent objection or statement.
Consideration of a complaint, objection, statement
Complaints are considered at the panel meeting of the Board of Appeals within one month, oppositions, except for the opposition against the grant of a utility model patent filed simultaneously with the petition for examination of the utility model for compliance with the conditions of patentability established by law, and the application - within six months from the date of their receipt by the NCIP.
The opposition against the grant of a utility model patent, filed simultaneously with the petition for examination of the utility model for compliance with the conditions of patentability established by law, shall be considered at the meeting of the Board of Appeals within six months from the date of the decision on the results of the said examination of the utility model.
Participants of consideration of complaints, objections, statements can be: the person who filed a complaint, objection, statement, the right holder of the disputed intellectual property object, their representatives, representatives of structural divisions the NCIP, the decision of which is challenged. Non-appearance of any of the participants in the consideration of the complaint, objection or statement, duly notified of the date and place of the meeting of the board, is not an obstacle to their consideration.
The person who filed the complaint, objection, or statement, or its representative, duly notified of the acceptance of the complaint, objection, or statement for consideration, may withdraw the filed complaint, objection, or statement prior to the announcement of the operative part of the decision of the Board of Appeals, and the patent fee for filing the complaint, objection, or statement shall not be refunded.
Upon termination of the proceedings on the objection and applications for termination, repeated appeal to the Appeals Board on the dispute between the same parties, on the same subject and on the same grounds, and on the complaint - on the same subject and on the same grounds shall not be allowed.
Within five working days from the date of the decision on the complaint, within two months from the date of the decision on the objection or statement, the Appeals Board shall prepare a decision containing the reasoning part, and a copy thereof shall be sent to the participants in the consideration of the complaint, objection, statement or their representatives.
Within six months from the date of receipt of the decision of the Board of Appeals, it may be appealed to the Judicial Board for Intellectual Property of the Supreme Court of the Republic of Belarus in accordance with the procedure established by law.
The decision of the Board of Appeals, adopted as a result of consideration of the application for recognition of a well-known trademark, may be appealed to the Judicial Board for Intellectual Property of the Supreme Court of the Republic of Belarus by the person who filed the said application within six months from the date of receipt of this decision or by another person within six months from the date of publication of information relating to this well-known trademark in the Republic of Belarus in the official gazette.
You can get consultation on the activities of the Appeals Board by:
- patent attorneys of the Republic of Belarus;
- in the pretrial services office;
- at the legal counseling center.
