RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 22, 2009 No. 1679

About approval of the Regulations on procedure for submission of claims, objections and their consideration by Appeal council under patent body

According to Item 2 of Article 11 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", part 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", 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 "About patents for inventions, useful models, industrial designs" the Council of Ministers of the Republic of Belarus DECIDES: No. 160-Z

1. Approve Regulations on procedure for submission of claims, objections and their consideration by Appeal council under patent body it (is applied).

2. This resolution becomes effective since January 25, 2010.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 22, 2009 No. 1679

Regulations on procedure for submission of claims, objections and their consideration by Appeal council under patent body

Chapter 1 General provisions

1. This Provision developed according to Item 2 of Article 11 and part three of Item 3 of article 25 of the Law of the Republic of Belarus "About trademarks and service marks", part two of Item 2 of article 16 of the Law of the Republic of Belarus "About legal protection of topology of integrated chips", 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 "About patents for inventions, useful models, industrial designs" establishes procedure for submission of claims, objections and their consideration by Appeal council under patent body (further - Appeal council).

Chapter 2. The claims, objections considered by appeal council

2. Claims are considered by appeal council:

2.1. on decisions by results of preliminary expert examination:

requests for patent grant for inventions (further - requests for inventions);

declared on registration as the trademark and service mark (further - the trademark) designations;

2.2. on decisions by results of patent examination of requests for inventions;

2.3. on decisions by results of examination:

requests for patent grant for useful models (further - requests for useful models);

requests for patent grant for industrial designs (further - requests for industrial designs);

the designations declared on registration as the trademark;

requests for registration of topology of integrated chips (further - requests for registration of topology);

2.4. on decisions by results of repeated examination of the designations declared on registration as the trademark.

3. Objections are considered by appeal council against:

3.1. patent grants on inventions, useful models, industrial designs;

3.2. provisions of legal protection to trademarks.

Chapter 3. Conditions of submission of claims, objections

4. The claims provided in Item 2 this provision (further, unless otherwise specified, - claims), the objections provided in Item 3 this provision (further, unless otherwise specified, - objections), move in the National center of intellectual property (further - patent body) in writing on Belarusian or Russian.

5. The claim is submitted by the applicant according to the corresponding request for the invention, useful model, industrial design, the request for registration of the trademark, the request for registration of topology (further, unless otherwise specified, - the request) independently or through the patent agent registered in patent body (further - the patent agent).

The claim is submitted in duplicate and shall belong to one request.

6. The objection moves person independently or through the representative, including the patent agent.

The objection moves in triplicate and shall belong to one patent for the invention, useful model, industrial design (further - the patent), to the certificate on the trademark (further - the certificate).

7. The claim, objection can be submitted on behalf of several persons only if they are applicants (owners) according to the same request (the patent, the certificate).

8. Persons taking the permanent location or the permanent residence in foreign states run the business connected with the claim, objection, independently or through patent agents if other is not provided by international treaties of the Republic of Belarus.

9. The claim, objection shall contain:

registration requisition number, patent, certificate;

surname, own name, middle name (if that is available) physical person (persons) or full name of the legal entity (persons) making the complaint, objection;

the residential address or the locations of person (persons) making (making) the complaint, objection;

the address for correspondence according to rules of addressing of mailings with indication of surname, own name, middle name (if that is available) or names of the addressee, including the representative, and also phone number, the fax and the e-mail address (in case of their availability);

legal basis of submission of the claim, objection;

exact instruction of requirements of person making the complaint, objection for matter in issue, and also their reasons;

the list of the enclosed documents.

The claim, objection shall be signed by person (persons) making (making) the complaint, objection or his representative (representatives).

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