RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of August 24, 2020 No. 499

About consideration of claims, objections, statements by Appeal council under patent body

Based on Item 2 of Article 11, of part two of Item 1 of Article 17-2 and part three of Item 3 of article 25 of the Law of the Republic of Belarus of February 5, 1993 No. 2181-XII "About trademarks and service marks" (further - the Law on trademarks), parts two of Item 2 of article 16 of the Law of the Republic of Belarus of December 7, 1998 No. 214-Z "About legal protection of topology of integrated chips", Item 2 of Article 9, of Item 5 of Article 18 and part two of item 4 of article 19 of the Law of the Republic of Belarus of July 17, 2002 No. 127-Z "About geographical instructions" (further - the Law on geographical instructions), No. 160-Z "About patents for inventions, useful models, industrial designs" (further - the Law on patents) the Council of Ministers of the Republic of Belarus DECIDES: parts two of Item 2 of Article 25 and part three of item 4 of article 33 of the Law of the Republic of Belarus of December 16, 2002

1. Approve Regulations on procedure for submission of claims, objections, statements and their consideration by Appeal council under patent body it (is applied).

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of December 22, 2009 No. 1679 "About approval of the Regulations on procedure for submission of claims, objections and their consideration by Appeal council under patent body";

the resolution of Council of Ministers of the Republic of Belarus of June 5, 2018 No. 423 "About introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of December 22, 2009 No. 1679";

subitem 1.4 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of June 19, 2019 No. 402 "About change of resolutions of Council of Ministers of the Republic of Belarus".

3. This resolution becomes effective since August 29, 2020.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of August 24, 2020 No. 499

Regulations on procedure for submission of claims, objections, statements and their consideration by Appeal council under patent body

Chapter 1. General provisions

1. This Provision determines procedure for submission of claims, objections, statements, including requirements to the statement for recognition of the trademark and service mark (further - the trademark) or the designation used as the trademark, the well-known trademark in the Republic of Belarus (further - the well-known trademark) and to the documents attached to it, and also claim treatment procedure, objections, statements by Appeal council under patent body (further - Appeal council).

Chapter 2. Claims, objections, applications considered by Appeal council

2. Claims are considered by appeal council:

2.1. on decisions by results of preliminary expert examination:

requests for patent grant for the invention (further - the request for the invention);

requests for registration of the trademark (further - the request for the trademark);

requests for right to use provision by geographical specifying (further - the request for geographical specifying);

2.2. on decisions by results of patent examination of the request for the invention;

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