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of November 24, 2021 No. 672
About the Strategy of the Republic of Belarus in the sphere of intellectual property till 2030
The Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the Strategy of the Republic of Belarus in the sphere of intellectual property till 2030 (further - Strategy) it (is applied).
2. To assign coordination of sales activity of Strategy to the State committee on science and technologies (further - GKNT).
3. Annually till January 25 of the year following reporting to provide to contractors of actions of Strategy in GKNT information on the course and results of their accomplishment.
4. GKNT annually till February 25 of the year following reporting to provide information on the strategy implementation course in Council of Ministers of the Republic of Belarus.
5. This resolution becomes effective after its official publication.
First Deputy Prime Minister of the Republic of Belarus
N. Snopkov
Approved by the Resolution of Council of Ministers of the Republic of Belarus of November 24, 2021 No. 672
Strategy determines the main directions of enhancement of national system of intellectual property, the purpose and task of state policy in this sphere providing transformation of intellectual property to the efficient instrument of innovative and welfare development of the Republic of Belarus.
Development of Strategy is further work on creation and development of state policy in the sphere of intellectual property which was performed according to the State program of protection of intellectual property in the Republic of Belarus for 2004-2006 approved by the resolution of Council of Ministers of the Republic of Belarus of July 12, 2004 No. 843, the State program on protection of the intellectual property for 2008-2010 approved by the resolution of Council of Ministers of the Republic of Belarus of November 21, 2007 No. 1555, other program documents, including the strategy of the Republic of Belarus in the sphere of the intellectual property for 2012-2020 approved by the resolution of Council of Ministers of the Republic of Belarus of March 2, 2012 No. 205, and also decisions of the President of the Republic of Belarus and Council of Ministers of the Republic of Belarus.
Strategy is developed taking into account the priority directions of social and economic development of the Republic of Belarus, provisions of the main program and strategic documents in spheres of scientific, scientific and technical and innovative activities, best international practices in the field of protection, protection and management of intellectual property, and also tendencies of development of global and regional systems of intellectual property.
In Strategy terms in the values established in legal acts in spheres of scientific, scientific and technical and innovative activities, intellectual property and also the following terms and their determinations are used:
protection of the rights to intellectual property items - set of the measures directed to suppression of violations of the rights to intellectual property items, and also recovery of the violated rights to intellectual property items;
intellectual property - set of personal non-property and property rights on results of intellectual activities and means of individualization of participants of civil circulation, goods (works, services);
commercialization of intellectual property items - introduction in civil circulation and (or) use for own needs of intellectual property items or goods (works, services) created (which are carried out, rendered) using these objects, for the purpose of receipt of economic and (or) social effects;
national system of intellectual property - set of regulations of the legislation and the elements of institutional system (organizational structures and special institutes of various level) providing origin (acquisition of rights), implementation and protection of the rights to intellectual property items;
objects author's and the related rights - works of science, literature and art, execution, soundtrack and transfer of the organizations of broadcasting and other objects in the cases provided by legal acts;
intellectual property items - results of intellectual activities (the work of science, literature and art; execution, soundtracks and transfers of the organizations of broadcasting; inventions, useful models, industrial designs; selection achievements; topology of integrated chips; know-how (know-how), means of individualization of participants of civil circulation, goods (works, services) (trade names, trademarks and service marks, geographical instructions), and also other results of intellectual activities and means of individualization of participants of civil circulation, goods (works, services) in the cases provided by legal acts;
objects of the right of industrial property - the invention, useful models, industrial designs, selection achievements, topology of integrated chips, know-how (know-how), trade names, trademarks and service marks, geographical instructions, and also other objects in the cases provided by legal acts;
protection of intellectual property items - set of the measures directed to creation of conditions for origin (acquisition of rights), implementation of the rights to intellectual property items and their protection;
management of intellectual property - the activities at various levels (nation-wide, industry, corporate) aimed at providing process of creation, receipt of legal protection and use of intellectual property items, and also at protection of the rights to them.
The intellectual property is the most important component of "economy of knowledge" and plays significant role in development of human capital, acceleration of growth and increase in global competitiveness of national economies, creation of high technology productions, development of investing and export activities.
At the present stage the main world tendencies influencing development of system of intellectual property are:
expansion of use of tools of intellectual property for stimulation of innovations, social and economic and cultural development, realization of global policy in development and distribution of high technologies, development of international trade;
increase in role of the international regulation in the course of harmonization of regional and national legal systems in the sphere of protection and protection of the rights to intellectual property items;
the growing global demand for legal protection and protection of intellectual property, mechanisms of transfer of technologies;
building-up with assistance of World Intellectual Property Organization (further - VOIS) potential developing and the least developed countries by means of realization of national strategy in intellectual property;
increase in share of intellectual property as intangible asset in total cost of assets of the organizations;
active implementation of information and communication technologies in industry of economy and the sphere of activity of society, including in systems of protection, protection and management of intellectual property;
increase in legal literacy, distribution of new knowledge and information in the sphere of intellectual property.
Besides, the demand of global systems of protection and protection of the rights to intellectual property items annually grows, the geography of their action extends. So, the number of the international applications for patent grant for inventions submitted to VOIS according to the Agreement on patent cooperation of June 19, 1970 increased with one thousand 163,6 in 2008 to one thousand 275,9 in 2020. The number of requests for registration of trademarks on the Madrid system increased with one thousand 41,9 in 2008 to one thousand 63,8 in 2020. At the same time the share of requests grew from the countries of the Asian region almost twice (China, Japan, South Korea and others) and constituted in total quantity of requests of 52,5 of percent - according to inventions, 24 percent - according to trademarks (the share of requests from the countries of the European region decreased in time 1,4).
The franchizing and licensing become the most often used controling mechanisms intellectual property that opens additional opportunities for creation of new productions, investment attraction and advanced technologies, promotes integration into world economy and increase in the international competitiveness.
Priority are questions of protection and protection of the rights in the digital circle. So, the Directive on copyright in the Single digital market of the European Union became effective on June 7, 2019. Within the Eurasian Economic Union (further, unless otherwise specified, - EEU) and the Commonwealths of Independent States (further, unless otherwise specified, - the CIS) are developed the approved approaches to fight against violations of the rights to intellectual property items on the global computer Internet (further - the Internet).
In the Republic of Belarus the modern, conforming to international standards system of intellectual property including legal, organizational structures and institutes, mechanisms of protection, use of intellectual property items and protection of the rights to them integrated into all fields of activity is created.
Within the strategy of the Republic of Belarus in the sphere of intellectual property for 2012-2020 by GKNT, the National center of intellectual property (further - NTsIS) and another interested realize actions for enhancement of national innovative system, forming of conditions and incentives for creation and use of intellectual property items, development of international cooperation in the field.
The Republic of Belarus is participant of 19 of 26 international treaties functioning under the auspices of VOIS, including basic agreements in the field of industrial property (The Parisian convention on protection of industrial property of March 20, 1883), copyright and the related rights (The Bern convention on protection literary and works of art of September 9, 1886), and also five of six agreements allowing to perform registration and protection of inventions, trademarks and service marks, industrial designs by means of the VOIS global systems. So, in 2012-2020 the Belarusian and foreign applicants for receipt of legal protection in the territory of the Republic of Belarus submit 704 international applications for patents according to the Agreement on patent cooperation of June 19, 1970 and 49 920 requests for trademarks on the Madrid system.
Organization-legal conditions for ensuring protection and protection of the rights to intellectual property items within EEU and the CIS are created.
For expansion of the directions of cooperation the Agreement on forming and market development of intellectual property of the State Parties of the CIS of June 1, 2018 is signed.
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