Geographical Indications

– Law on Geographical Indications, as of July 9, 2012.

Protection

Definition: the term “geographical indications” means appellations of origin or indication of source (geographical or historical name).

Granting of protection: by registration.

Duration – renewal: ten years (extendible for the next ten years).

Grounds for refusal: the registration is not admitted in the case of a geographical indication having turned into a generic name in Belarus for goods of a certain kind without any association with the place of production thereof.

Termination of the protection: where the relationship between the properties of the goods and the geographical environment no longer exists.

User right: may be used only by person registered as user of the geographical indication.

License: not admissible.

Assignment: not admissible.

Invalidation: by request of interested party or ex officio, where it is registered in violation of the law or the registration of a foreign geographical indication is declared invalid in the country of origin.

Filing requirements for applications by foreigners:
1. Power of attorney;
2. Document certifying the registration in the country of origin.

Appeal: the refusal of registration may be appealed before the Board of Appeal of the Patent Office and then before the Supreme Court.

Infringement: any use of a registered geographical indication by a person who is not recorded as a user shall constitute an infringement.