Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of December 16, 2002 No. 160-Z

About patents for inventions, useful models, industrial designs

(The last edition from 18-12-2017)

Accepted by the House of Representatives on November 14, 2002

Approved by Council of the Republic on December 2, 2002

This Law regulates the property and related personal non-property relations arising in connection with creation, legal protection and use of inventions, useful models, industrial designs.

Chapter 1 Legal protection of the invention, useful model, industrial design

Article 1. Patent for the invention, useful model, industrial design

1. The right to the invention, useful model, industrial design is protected by the state and makes sure the patent.

2. The patent for the invention, useful model, industrial design certifies authorship, priority of the invention, useful model, industrial design and exclusive right to them.

3. Effective period of the patent is estimated from the date of application for patent grant for the invention, useful model, industrial design (further, unless otherwise specified, - the request) in public institution "National center of intellectual property" (further - patent body) and on condition of observance of the requirements established by this Law constitutes:

on the invention – twenty years. If from the date of application for patent grant for the invention (further, unless otherwise specified, - the request for the invention) relating to medicine, pesticide or agrochemical which use according to the legislation requires their state registration before date of initial state registration there passed more than five years, the validity of the patent for this invention is extended by patent body for the petition of the patentee. The validity of the patent is extended for time which passed from the date of application for the invention before date of initial state registration of medicine, pesticide or agrochemical in which the invention, less five years is worked. At the same time the validity of the patent cannot be extended more than for five years. The petition for prolongation of effective period of the patent moves during action of the patent before the expiration of six months from the date of receipt of the first permission to use of medicine, pesticide or agrochemical in which the invention is worked, or date of the publication of data on the patent in the statement of patent body (further - the statement) depending on what of these terms expires later;

on useful model – five years with possible prolongation of this term by patent body for the petition of the patentee, but no more than for five years. The petition for prolongation of effective period of the patent for useful model moves in patent body before expiration of the patent;

on industrial design – ten years with possible prolongation of this term by patent body for the petition of the patentee, but no more than for five years. The petition for prolongation of effective period of the patent for industrial design moves in patent body before expiration of the patent.

The procedure for prolongation of effective periods of the patent for the invention, the patent for useful model, the patent for industrial design is determined by Council of Ministers of the Republic of Belarus if other is not established by the President of the Republic of Belarus.

After cancellation of exclusive right on the invention, useful model, industrial design in connection with expiration of the patent, and also early termination of action of the patent on the bases provided by subitems 1.1 and 1.3 of Item 1 of article 34 of this Law, the invention, the useful model, industrial design turn into public property and can freely be used by any physical person or legal entity without someone's permission and without remuneration payment, but with respect for copyright.

4. In case of calculation of the terms specified in Item 3 of this Article concerning the patent granted according to the selected request with establishment of priority according to Item 6 of article 16 of this Law, date of application date of submission of the initial request is recognized.

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