RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 23, 2022 No. 406

About interaction with patent body

Based on Item 7 of Article 6, of 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", 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", Item 3 of Article 12, of part 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 No. 160-Z "About patents for inventions, useful models, industrial designs", No. 203-Z "About counteraction to extremism" the Council of Ministers of the Republic of Belarus DECIDES: parts one of article 6 of the Law of the Republic of Belarus of January 4, 2007

1. Determine that submission (response) of requests for registration of designation as the trademark and service mark, patent grant on the invention, useful model, industrial design and the documents attached to them receipt of decisions of patent body for requests (notifications on the made decisions) electronically can be performed by means of the automated information system "The Internet Portal for Electronic Submission of Requests for Objects of Industrial Property".

Electronic information exchange of the automated information system "The Internet Portal for Electronic Submission of Requests for Objects of Industrial Property" with other information resources (systems) is performed by means of the nation-wide automated information system.

2. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. in the resolution of Council of Ministers of the Republic of Belarus of December 28, 2009 No. 1719 "About approval of the Regulations on order of registration of the trademark and service mark and about introduction of amendments to some resolutions of Council of Ministers of the Republic of Belarus":

in Item 3:

in paragraph one to replace the word "approval" with the word "establishment";

add Item with part of the following content:

"The form specified in paragraph three of part one of this Item is used only in case of submission of documents on paper.";

in Regulations on the order of registration of the trademark and service mark approved by this resolution:

in word preamble" (further - the request)" shall be replaced with words "(further if other is not established, - the request)";

to exclude from the name of the Section I of the word "on registration of trademarks and service marks";

to state part one of Item 1 in the following edition:

"1. In this Provision terms in the values established in the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature" are used and also the following terms are applied:

AIS "Electronic Submission of Requests" - the automated information system "The Internet Portal for Electronic Submission of Requests for Objects of Industrial Property";

the owner - the organization or physical person addressed to which the trademark is registered;

VOIS - World Intellectual Property Organization;

exhibition priority - trademark priority on start date of open display of exhibit on which the trademark, on official or officially to the acknowledged international exhibition organized in the territory of one of the State Parties of the Parisian convention is placed;

GKNT - State committee on science and technologies;

the statement - the statement for registration of designation as the trademark;

the collective mark - the trademark of consolidation of persons which creation and activities do not contradict the legislation of the state in which it is created, intended for designation of the goods made and (or) realized by these persons, the performed works and (or) the rendered services having single quality or other general characteristics;

conventional priority - trademark priority by date of submission of the first request according to article 4 of the Parisian convention;

Madrid agreement - The Madrid agreement on the international registration of signs of April 14, 1891;

The international bureau - the VOIS International bureau;

MKTU - The international classification of goods and services for registration of signs;

uniform goods - the goods relating to the same sort (type) which when marking by similar trademarks can create at the consumer idea of accessory them to one producer;

Parisian convention - The Parisian convention on protection of industrial property of March 20, 1883;

the patent agent - the physical person certified and registered in the State register of patent agents of the Republic of Belarus;

the first request - the application submitted by the applicant in foreign state - the participant of the Parisian convention;

the inventory - the inventory, works and (or) services concerning which registration of the trademark is asked;

Protocol - Protocol to the Madrid agreement of June 27, 1989;

the certificate - the certificate on the trademark;

the color model CMYK - the subtractive scheme of forming of color.";

Item 23 after the word to "beliefs" to add with words "the representing symbolics and attributes, information products recognized as extremist materials based on the judgment which took legal effect";

"written" to exclude the word from Item 25;

state Items 32 and 33 in the following edition:

"32. The application is submitted on Belarusian or Russian on paper or by means of AIS "Electronic Submission of Requests" in the form of the electronic document taking into account rules of Chapter 4-1 of this provision.

33. The request shall contain the statement for registration of designation as the trademark.

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