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RESOLUTION OF THE STATE COMMITTEE ON SCIENCE AND TECHNOLOGIES OF THE REPUBLIC OF BELARUS

of July 5, 2018 No. 13

About maintaining the state registers of objects of the right of industrial property

(as amended on 20-07-2020)

Based on Item 1 of article 12 of the Law of the Republic of Belarus of February 5, 1993 No. 2181-XII "About trademarks and service marks", Item 1 of article 17 of the Law of the Republic of Belarus of April 13, 1995 No. 3725-XII "About patents for plant varieties", Item 1 of article 17 of the Law of the Republic of Belarus of December 7, 1998 No. 214-Z "About legal protection of topology of integral chips", Item 1 of article 11 of the Law of the Republic of Belarus of July 17, 2002 No. 127-Z "About geographical instructions", Item 1 of article 28 of the Law of the Republic of Belarus of December 16, 2002 No. 160-Z "About patents for inventions, useful models, industrial designs", Item 7 of the Regulations on the State committee on science and technologies of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of March 15, 2004 No. 282, the State committee on science and technologies of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for maintaining the state registers of objects of the right of industrial property it (is applied).

2. Recognize invalid:

the resolution of the State committee on science and technologies of the Republic of Belarus of February 5, 2015 No. 4 "About approval of the Regulations on procedure for maintaining the State register of the protected plant varieties of the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 01.04. 2015, 8/29753);

subitem 1.3 of Item 1 of the resolution of the State committee on science and technologies of the Republic of Belarus of March 24, 2017 No. 6 "About introduction of amendments and changes in some resolutions of the State committee on science and the technologies of the Republic of Belarus and recognition which voided regulatory legal act" (The national legal Internet portal of the Republic of Belarus, 05.04. 2017, 8/31929).

3. This resolution becomes effective after its official publication.

Chairman

A. G. Shumilin

Approved by the Resolution of the State committee on science and technologies of the Republic of Belarus of July 5, 2018 No. 13

The instruction about procedure for maintaining the state registers of objects of the right of industrial property

1. This Instruction determines procedure for maintaining and the scope of information, the objects of the right of industrial property entered in the following state registers:

State register of inventions of the Republic of Belarus;

State register of useful models of the Republic of Belarus;

State register of industrial designs of the Republic of Belarus;

The state register of the protected plant varieties of the Republic of Belarus;

State register of topology of integral chips of the Republic of Belarus;

State register of trademarks and service marks of the Republic of Belarus;

The state register of geographical instructions of the Republic of Belarus (further, unless otherwise specified, - the state registers).

2. The state registers are kept for the purpose of ensuring single complex state accounting of inventions, useful models, industrial designs, plant varieties, topology of integral chips (further - topology), trademarks and service marks (further - the trademark), geographical instructions, providing to interested persons complete and reliable information about them and represent set of the accounting data relating to registration of the specified objects of the right of industrial property (further - data).

3. The state registers are kept on the basis of the principles:

completeness and reliability of the data containing in the state registers;

timeliness of entering of data into the state registers, and also their changes and corrections;

efficiency of providing data from the state registers.

4. Maintaining the state registers is performed by public institution "National center of intellectual property" (further - patent body) on papers and with use of the automated directory systems by entering into registration sheets of the state registers of data, and also their changes, corrections.

5. The scope of information, the inventions of the Republic of Belarus entered in the State register, is determined according to appendix 1.

The scope of information, the useful models of the Republic of Belarus entered in the State register, is determined according to appendix 2.

The scope of information, the industrial designs of the Republic of Belarus entered in the State register, is determined according to appendix 3.

The scope of information, the protected plant varieties of the Republic of Belarus entered in the State register, is determined according to appendix 4.

The scope of information, the topology of integral chips of the Republic of Belarus entered in the State register, is determined according to appendix 5.

The scope of information, the trademarks entered in the State register and service marks of the Republic of Belarus, is determined according to appendix 6.

The scope of information, the geographical instructions of the Republic of Belarus entered in the State register, is determined according to appendix 7.

6. The basis for entering of data into the state registers are decisions of patent body.

7. The bases for modification, corrections in the data containing in the state registers are:

the decisions of patent body including accepted by results of consideration of written applications of the patentee (concerning the invention, useful model, industrial design, plant grade), the owner (concerning topology), the owner (concerning the trademark, geographical specifying), their legal successors (heirs) (further - the applicant);

decisions of Appeal council under patent body;

judgments.

8. Modification, corrections in the data containing in the state registers is performed in the following cases:

changes of surname, own name and (or) middle name (if that is available) the applicant - physical person and (or) the name of the applicant - the legal entity (consolidation of persons), the organization, the residence and (or) the location of the patentee, the owner, the owner and (or) the inventor, useful model, industrial design, grade of plant, topology;

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