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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 21, 2009 No. 346

About registration of license agreements, contracts of assignment of the rights to objects of the right of industrial property, pledge agreements of the property rights certified by the certificate on the trademark, service mark and agreements of the complex entrepreneurial license (franchizing)

(as amended on 25-03-2022)

For the purpose of enhancement of order of registration of license agreements, contracts of assignment of the rights to objects of the right of industrial property, pledge agreements of the property rights certified by the certificate on the trademark, service mark and agreements of the complex entrepreneurial license (franchizing) the Council of Ministers of the Republic of Belarus DECIDES:

1. Determine that:

1.1. in the State register of license agreements, contracts of assignment and agreements of pledge of the rights to intellectual property items of the Republic of Belarus are subject to registration:

1.1.1. license agreements about provision of right to use of the following objects of the right of industrial property protected in the Republic of Belarus:

inventions;

useful models;

industrial designs;

plant varieties;

topology of integrated chips;

trademarks and service marks (further - trademarks);

1.1.2. 30.05.2013 No. 432 is excluded according to the Resolution of Council of Ministers of the Republic of Belarus

1.1.3. contracts of assignment of the rights to the objects of the right of industrial property protected in the Republic of Belarus specified in subitem 1.1.1 of this Item;

1.1.4. pledge agreements of the property rights certified by the certificate on the trademark;

1.1.5. other agreements which on the content correspond to the agreements specified in subitems 1.1.1-1.1.4 of this Item;

1.1.6. changes in the registered agreements specified in paragraphs by subitem 1.1 second or pole. 1, subitems 1.1.3 and 1.1.5 of this Item, and also in the registered pledge agreements of the property rights certified by the patent, the certificate;

1.1.7. changes in the registered agreements specified in paragraph seven of subitem 1.1.1 of this Item;

1.2. in the State register of agreements of the complex entrepreneurial license (franchizing) of the Republic of Belarus agreements of the complex entrepreneurial license (franchizing), the changes made to them, and also termination of these agreements are subject to registration.

If under the agreement of the complex entrepreneurial license (franchizing) the rights concerning inventions, useful models, industrial designs, plant varieties, topology of integrated chips, trademarks are transferred, the agreements specified in part one of this subitem are also subject to registration in the State register of license agreements, contracts of assignment and agreements of pledge of the rights to intellectual property items of the Republic of Belarus;

1.3. registration of agreements in the State registers specified in subitems 1.1 and 1.2 of this Item is performed by public institution "National center of intellectual property" (further - patent body).

The agreements specified in subitems 1.1 and 1.2 of this Item in the absence of their registration in patent body are considered invalid in the cases provided by legal acts.

Data on the registered agreements, including number of state registration of the agreement, agreement type, the name of agreement parties, license type (in case of registration of the license agreement), the duration of the agreement, number of the patent or the certificate, and also about the changes made to them and additions, about their termination are published in the statement of patent body;

1.4. in patent body move for registration:

1.4.1. the agreements specified in paragraphs by subitem 1.1 third or pole. 1, subitems 1.1.3-1.1.5 and 1.2 of this Item:

the statement for registration of the agreement containing including consent to processing of personal data;

the agreement in triplicate (two copies – originals, one copy – the copy certified by the applicant);

the power of attorney (in case of business management through the representative);

the document confirming payment of patent fee;

1.4.1-1. the agreements specified in paragraph seven of subitem 1.1.1 of this Item:

statement for registration of the agreement;

the power of attorney (in case of business management through the representative);

the document confirming payment of patent fee;

1.4.1-2. the agreements specified in the paragraph the second subitem 1.1.1 of this Item:

statement for registration of the agreement;

copy of the agreement;

the power of attorney (in case of business management through the representative);

the document confirming payment of patent fee;

1.4.2. the agreements specified in subitem 1.1.3 of this Item:

the statement for registration of the agreement containing including consent to processing of personal data;

the agreement in triplicate (two copies – originals, one copy – the copy certified by the applicant);

the power of attorney (in case of business management through the representative);

patent for the invention, useful model, industrial design, plant grade, certificate for topology of integrated chip, trademark;

the document confirming payment of patent fee;

1.4.3. changes in the registered agreements specified in paragraphs by subitem 1.1 second or pole. 1, subitems 1.1.5 and 1.2 of this Item, and also in the registered pledge agreements of the property rights certified by the patent, the certificate:

the statement for registration of changes containing including consent to processing of personal data;

the agreement of agreement parties on modification in triplicate (two copies – originals, one copy – the copy certified by the applicant);

the power of attorney (in case of business management through the representative);

the document confirming payment of patent fee;

1.4.3-1. changes in the registered agreements specified in paragraph seven of subitem 1.1.1 of this Item:

the statement for registration of changes containing including consent to processing of personal data;

the power of attorney (in case of business management through the representative);

the document confirming payment of patent fee;

1.4.4. agreement cancelation of the complex entrepreneurial license (franchizing):

the statement for agreement cancelation registration containing including consent to processing of personal data;

the agreement of agreement parties on agreement cancelation in triplicate (two copies – originals, one copy – the copy certified by the applicant);

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