LAW OF THE REPUBLIC OF BELARUS

of January 9, 2023 No. 243-Z

About change of the laws concerning legal protection of intellectual property items

Accepted by the House of Representatives on December 20, 2022

Approved by Council of the Republic on December 21, 2022

Article 1. Bring in the Law of the Republic of Belarus of February 5, 1993 No. 2181-XII "About trademarks and service marks" the following changes:

1. Item 2 of Article 1 after the words "including proper names" to add with the word "color".

2. The second offer of Item 3 of Article 2 to state in the following edition: "On registered trade mark the certificate in the form established by the republican state body pursuing state policy, exercising regulation and control in the field of protection of the rights to intellectual property items is granted (further - authorized state body).".

3. To add item 4 of article 3 after the word of "union" with words "(further - the Union)".

4. In part two of item 4 of Article 4 of the word "the republican state body pursuing state policy, exercising regulation and control in the field of protection of the rights to intellectual property items" shall be replaced with words "authorized state body".

5. In Article 5:

to add subitem 1.3 of Item 1 after the words "in the Republic of Belarus" with the words "from the date of earlier, than priority date of the declared designation";

state Item 5 in the following edition:

"5. Mixing, identical or similar to degree, cannot be registered as the trademark of designation, with:

5.1. the name of the work of science, known in the Republic of Belarus, literatures or arts, the character or the quote from such work, the work of art or its fragment, without the consent of the owner if the right to the corresponding work arose before priority date of the registered trademark;

5.2. the name of the mass media registered in the Republic of Belarus, without the permission of his founder (founders) concerning homogeneous goods;

5.3. surname, own name, middle name (if that is available), pseudonym or designation, portrait, derivative of them, or the facsimile of person, famous in the Republic of Belarus, without the consent of this person or his heirs.";

in Item 6 of figure "5.2" and "5.4" to replace respectively with figures "5.1" and "5.3".

6. In Article 6:

in subitem 4.1 of item 4 of the word "written consent to collection, processing, accumulating, storage and distribution" shall be replaced with words "consent to processing";

in Item 6:

in part one of the word "the document certifying powers of the patent agent" to replace with the word "power of attorney";

in word part two of "the document certifying powers of the patent agent" to replace with the word "powers of attorney";

add Item 7 with part of the following content:

"Commitment forms and powers of attorney are established by authorized state body.".

7. To state Item 6 of Article 7 in the following edition:

"6. The priority of the trademark can be established by date of the international registration of the trademark according to the Madrid agreement on the international registration of signs of April 14, 1891 or the Protocol to the Madrid agreement on the international registration of signs of June 27, 1989 (further - the international registration on the Madrid system), date of introduction of record about territorial expansion of the international registration on the Madrid system to the Republic of Belarus, priority date of the international registration on the Madrid system according to international treaties of the Republic of Belarus.".

8. Add Article 8 with Item 8 of the following content:

"8. Forms of statements for modification of request materials, and also of allocation of the request are established by authorized state body.".

9. In Article 9:

state Item 2 in the following edition:

"2. During conducting preliminary expert examination content and correctness of execution of the documents which arrived in patent body are checked and also whether the designation declared on registration as the trademark belongs to the designations contradicting public concerns because they represent the symbolics, attributes or information products recognized as extremist materials based on the judgment which took legal effect.

When conducting preliminary expert examination it can be offered to applicant to bring in the request and documents of amendment or change attached to it. Amendments or changes made to the request and the documents attached to it, shall be submitted in patent body within three-months term from the date of receipt of request. At the same time conducting preliminary expert examination stops for the corresponding term. According to the petition of the applicant which arrived before the expiration of three-months term of representation of amendments or changes according to request, this term can be prolonged, but no more than for three months.";

the second Item 3 after paragraph two to add part with the paragraph of the following content:

"recognitions of the designation declared on registration as the trademark, to the contradicting public concerns because it represents the symbolics, attributes or information products recognized as extremist materials based on the judgment which took legal effect;".

10. In Item 1 of Article 91 of the word "within two months" shall be replaced with words "no later than the next working day".

11. To state item 4 of Article 10 in the following edition:

"4. By results of examination the decision on registration of the trademark or on refusal in its registration is made.

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