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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of September 28, 2005 No. 9

About some questions of application of the legislation by consideration of the civil cases connected with protection of the right to the trademark and service mark

(as amended on 31-03-2021)

Having discussed court practice on the civil cases connected with protection of the right to the trademark and service mark and for the purpose of explanation of the questions arising in case of application of the legislation, the Plenum of the Supreme Court of the Republic of Belarus

DECIDES:

1. Judicial board for intellectual property of the Supreme Court of the Republic of Belarus by hearing of cases, connected with protection of the right to the trademark and service mark, it is necessary to proceed from the constitutional guarantee of protection of intellectual property in the Republic of Belarus (Art. 51 of the Constitution of the Republic of Belarus), having at the same time in type that judicially can be considered as claims to decisions of patent body for results of examination of the request for registration of the trademark and service mark and to decisions of Appeal council under patent body (further - Appeal council) (Art. 359 of the Code of civil procedure of the Republic of Belarus (further - GPK), item 1 of Art. 11 of the Law of the Republic of Belarus of February 5, 1993 No. 2181-XII "About trademarks and service marks" (further - the Law), and disputes on use and the order the trademark and service mark (the Art. 45 GPK, Art. 1019 of the Civil code of the Republic of Belarus (further - group of companies).

2. The relations arising in connection with registration, legal protection and use of trademarks and service marks are regulated by the Parisian convention on protection of industrial property of March 20, 1883, the Madrid agreement on the international registration of signs of April 14, 1891, the Protocol to the Madrid agreement on the international registration of signs of June 28, 1989, the Civil Code, the Law, other regulatory legal acts.

If the become effective international treaties of the Republic of Belarus establish other rules, than those which contain in the legislation of the Republic of Belarus on trademarks and service marks then are applied rules of international treaties.

3. Explain that the disputes connected using the legislation on trademarks and service marks are taken cognizance judicial board for intellectual property of the Supreme Court of the Republic of Belarus irrespective of the subject list of persons who are participants of legal relationship from which there was dispute.

Claims to decisions of patent body for results of examination of the request for registration of the trademark and service mark (item 1 of Art. 11 of the Law), claims to decisions of Appeal council (item 3 of the Art. 11, of item 5 of Art. 17-2, of item 4 of the Art. 25, of item 11 of Art. 26 of the Law) and the civil disputes connected with protection of the right to the trademark and service mark, in particular are subject to judicial review: claims to solutions of preliminary expert examination on refusal in adoption of the request to consideration; on solutions of examination on refusal in the registration of the trademark or service mark accepted on the bases provided by item 3 of Art. 10 of the Law; on the decisions made by results of repeated examination of the declared designation; claims to decisions of Appeal council on refusal in registration of the trademark or service mark; about refusal in satisfaction of objection against provision of legal protection to the trademark or service mark; about recognition or refusal in recognition of the trademark or service mark or designation used as the trademark, the well-known trademark or service mark in the Republic of Belarus; about the termination of legal protection of the well-known trademark or service mark, and also disputes: about violation of exclusive right on the trademark or service mark; about the conclusion and about execution of the license agreement, the agreement of pledge and the agreement on concession of the right to the trademark or service mark; about claiming damages, collection of compensation for benefit of party injured in connection with illegal use of the trademark or service mark; about the early complete or partial termination of legal protection of the trademark or service mark in the Republic of Belarus.

4. The decision of patent body made by results of preliminary expert examination, examination of the declared designation (item 3 of Art. 10 of the Law) and repeated examination of the declared designation can be appealed in the Supreme Court of the Republic of Belarus within one year from the date of receipt of the decision by the applicant (item 1 of Art. 11 of the Law). The decision of Appeal council made by results of consideration of the claim on refusal in registration of the trademark or service mark, and also objection against provision of legal protection to the trademark or service mark can be appealed in the Supreme Court of the Republic of Belarus within six months from the date of receipt of the decision by the applicant (item 3 of Art. 11 and item 4 of Art. 25 of the Law). The decision of Appeal council made by results of consideration of the application on recognition of the trademark or designation used as the trademark, the well-known trademark can be appealed in the Supreme Court of the Republic of Belarus by person who submitted the specified application within six months from the date of receipt of this decision or the other person within six months from the date of the publication of the data relating to this well-known trademark in the statement (item 5 of Art. 17-2 of the Law). The decision of Appeal council on the termination of legal protection of the well-known trademark or service mark can be appealed in the Supreme Court of the Republic of Belarus within six months from the date of its obtaining by person who submitted the application for the termination of legal protection of the well-known trademark or service mark or the owner of the trademark or service mark recognized well-known (item 11 of Art. 26 of the Law).

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