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4 September 2020

On August 29, 2020, the Law of the Republic of Belarus of December 18, 2019 No. 275-Z "On Amendments to Laws" (hereinafter – the Law on Amendments) entered into force, which, inter alia, provides for amendments to the laws of the Republic of Belarus dated February 5, 1993 No. No. 2181-XII "On Trademarks and Service Marks", dated April 13, 1995 No. 3725-XII "On Patents for Plant Varieties", dated December 16, 2002 No. 160-Z "On Patents for Inventions, Utility Models, Industrial Designs", as well as the new edition the Law of the Republic of Belarus of July 17, 2002, No. 127-Z" On Geographical Indications".

As part of the implementation of Article 11 of the Law on Amendments, a number of Regulations of the Council of Ministers of the Republic of Belarus were adopted:
No. 266 "On Amendments to the Regulations of the Council of Ministers of the Republic of Belarus" dated May 4, 2020 (hereinafter – Regulation No. 266); 

For reference:

In accordance with Regulation No. 266, amendments have been made to:

Provision on the State Committee on Science and Technology of the Republic of Belarus, approved by the Regulation of the Council of Ministers of the Republic of Belarus dated March 15, 2004 No. 282;

Regulation of the Council of Ministers of the Republic of Belarus No. 1719 dated December 28, 2009 and the Provision on the Procedure for Registering Trademarks and Service Marks approved by it;

Regulation of the Council of Ministers of the Republic of Belarus of February 2, 2011 No. 119 and respectively approved Provision on the Procedure for Drawing up an Application for the Grant of Invention Patents, Conducting Examination and Making a Decision based on its Results;

Regulation of the Council of Ministers of the Republic of Belarus of February 2, 2011 No. 120 and respectively approved Provision on the Procedure for Drawing up an Application for the Grant of Utility Model Patents, Conducting Examination and Making a Decision based on its Results;

Regulation of the Council of Ministers of the Republic of Belarus of February 2, 2011 No. 121 and respectively approved Provision on the Procedure for Drawing up an Application for the Grant of Industrial Design Patents, Conducting Examination and Making a Decision based on its Results;

Regulation of the Council of Ministers of the Republic of Belarus of August 12, 2014 No. 781 "On Maintaining the State Register of Protected Plant Varieties of the Republic of Belarus".

No. 356 "On Amendments to the Regulation of the Council of Ministers of the Republic of Belarus dated February 17, 2012 No. 156" dated June 19, 2020;

No. 468 "On Approval of the Provision on the Procedure for Granting the Right to Use a Geographical Indication" dated August 7, 2020;

No. 499 "On Consideration of Complaints, Objections, and Claims by the Board of Appeals of the Patent Authority" dated August 24, 2020;

No. 512 "On Granting Consent to the Use of Certain Designations" dated August 28, 2020.

Also, in accordance with the Law on Amendments, the following resolutions of the State Committee on Science and Technology of the Republic of Belarus were adopted:

No. 6 "On Establishing the Model Contract" dated July 20, 2020;

No. 7 "On the Certificate Conferring the Right to Use a Geographical Indication" dated July 20, 2020;

No. 8 "On Amendments to the Resolutions of the State Committee on Science and Technology of the Republic of Belarus dated September 26, 2005 No. 12 and dated June 29, 2016 No. 1" dated July 20, 2020;

No. 9 "On Amendments to the Resolution of the State Committee on Science and Technology of the Republic of Belarus dated July 5, 2018 No. 13" dated July 20, 2020.

On August 28, 2020, the State Committee on Science and Technology of the Republic of Belarus adopted Resolutions No. 11 "On the Forms of Documents for Granting the Right to Use a Geographical Indication" (hereinafter – Resolution No. 11) and for No. 12 "On the Application Form" (hereinafter – Resolution No. 12).

Resolution No. 11 establishes an application form for granting the right to use a geographical indication, as well as forms of other documents related to obtaining legal protection for a geographical indication.

Resolution No. 12 establishes a form for an application for granting consent to use in a trademark, service mark individual designations that are state symbols of the Republic of Belarus (State Emblem or State Flag of the Republic of Belarus), the official abbreviated or full name of the Republic of Belarus, state awards of the Republic of Belarus, or designations similar to them to the extent of confusion (hereinafter – certain designations).

Resolution No. 11 and Resolution No. 12 are now submitted to the Ministry of Justice of the Republic of Belarus for legal examination. Information on their entry into force will be promptly posted on the website of the National Center of Intellectual Property.

Moreover, in order to facilitate consideration of applications for granting consent to the use of certain designations in a trademark or service mark, the State Committee on Science and Technology of the Republic of Belarus issued the Order No. 261 “On the Interdepartmental Commission on Granting Consent to Use Certain Designations in a Trademark, Service Mark” dated August 31, 2020.


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