Designs and Models

– Industrial Models Law of February 5, 1993.
– Patent, Utility Model and Industrial Designs Law of December 16, 2002, with amendments as of December 22, 2011.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), as of April 26, 1970.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), as of May 31, 1992.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, as of April 14, 1993.
– Locarno Agreement Establishing an International Classification for Industrial Designs, as of December 31, 1997.
– Treaty on the Eurasian Economic Union, Section XXIII, as of October 9, 2013, effective from January 1, 2015.

Filing

Applicant: individuals or legal entities.

Foreigners: must elect a local representative.

Conditions for protection: industrial designs and models which are new, original and industrially applicable.

Novelty: if it was not known anywhere in the world before the priority date nor from earlier Belarusian applications.

Not registrable: models or designs which are determined exclusively by technical function, contrary to the public interest or morality; relating to the architectural works, with exception of minor architectural forms; articles having unstable shape, such as liquid, gaseous or bulk substances.

Priorities: according to the Paris Convention, can be claimed until two months after filing. 

Multiple applications: one design application can comprise an unlimited number of designs if they belong to the same Locarno class. 

Electronic filing: not available.

Territory covered: the Republic of Belarus.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney;
2. The model itself or, when not appropriate, photographs or drawings thereof (7 copies);
3. Designation of the model, with indication of its characteristics;
4. Specification of the model, if necessary;
5. Priority document, if any (can be filed until three months after filing).

Examination Procedure

Examination: checking of formal requirements and unity of design within three months from the filing date.

Amendments and corrections: additional material extending or changing the subject matter are not accepted.

Publication: six months after the registration, in the Official Gazette of the Belarus.

Granting and Protection

License rights, opposition, invalidation: regulated in a similar manner as for “patents“.

Duration: ten years from the filing date.

Renewal: additional five years.

Annuities: are due each year, starting from the first year, payable simultaneously with the payment of the granting fee within two months from the date of the decision of grant.

Annuity grace period: six months, with a 50% fine.