LAW OF THE REPUBLIC OF BELARUS

of December 18, 2019 No. 275-Z

About change of the laws

Accepted by the House of Representatives on November 19, 2019

Approved by Council of the Republic on December 3, 2019

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. 1, of Item 1 of Article 24, of the name and Item 1 of Article 29 of the word "Republic of Belarus" to exclude from Item 2 of Article.

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

"4. Registration of the trademarks consisting only of the designations representing the State Emblems, flags and emblems, official names of the states, flags, emblems and the reduced or full names of international intergovernmental organizations, official control, warranty and assay brands, awards and other distinctions or the designations similar to them to extent of mixing is not allowed. Such designations can be included as unprotected elements in the trademark with the consent of competent authority or their owner if other is not provided by part three of this Item.

Competent authority in the Republic of Belarus, responsible for provision of consent to use in the trademark of the designations representing the state symbols of the Republic of Belarus (The State Emblem of the Republic of Belarus, National flag of the Republic of Belarus), the official reduced or complete name of the Republic of Belarus, the state awards of the Republic of Belarus, or the designations similar to them to extent of mixing is the republican state body pursuing state policy, exercising regulation and control in the field of protection of the rights to intellectual property items. Requirements to the statement on receipt of such consent, procedure for its consideration and adoption on it of the decision, the basis for refusal in provision of the specified consent are determined by Council of Ministers of the Republic of Belarus if other is not established by legal acts.

Receipt of consent specified in part one of this Item to use in the trademark of the designations representing the state symbols of the Republic of Belarus (The State Emblem of the Republic of Belarus, National flag of the Republic of Belarus), the official reduced or complete name of the Republic of Belarus is not required in case of registration of the trademark addressed to:

state body (organization) of the Republic of Belarus;

the legal entity who acquired in accordance with the established procedure the right to use the official reduced or complete name of the Republic of Belarus in the name.".

3. In Article 5:

to exclude from subitem 1.3 of Item 1 of the word "in the procedure established by the State committee on science and technologies of the Republic of Belarus";

in Item 3 of the word "the name of the place of goods origin", "such the name" to replace "such name" and "the name of the place of goods origin" respectively with words "geographical specifying", "such geographical specifying", "such geographical specifying" and "geographical specifying";

in subitem 5.4 of Item 5 the word" (to middle name," to replace with the word", to middle name (".

4. To state subitem 4.1 of item 4 of Article 6 in the following edition:

"4.1. applicant, and also its location or residence. At the same time the applicant gives the written consent to collection, processing, accumulating, storage and distribution of its personal data;".

5. In Item 1 of Article 12:

the third offer to state in the following edition: "The procedure for maintaining the Register and structure of the data entered in it are 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.";

the fourth offer to exclude.

6. In Item 2 of Article 16:

to exclude the word "also" from part three;

add Item with part of the following content:

"Also applications for separation of the international registration containing specifying of the Republic of Belarus according to the Protocol to the Madrid agreement on the international registration of signs of June 28, 1989 are submitted to patent body.".

7. To state Item 1 of Article 17-2 in the following edition:

"1. The trademark or the designation used as the trademark are recognized the well-known trademark according to the decision of Appeal council made taking into account provisions of Item 1 of article 17-1 of this Law.

Requirements to the statement for recognition of the trademark the well-known trademark in the Republic of Belarus and to the documents attached to it, procedure for its consideration by Appeal council and decision by results of such consideration are established by Council of Ministers of the Republic of Belarus.".

8. In Article 30 of the word of "the legislation of the Republic of Belarus" to replace with the word "legislations".

Article 2. Bring in the Law of the Republic of Belarus of April 13, 1995 No. 3725-XII "About patents for plant varieties" the following changes:

1. In Item 2 of Article 6 and Item 9 of Article 8 of the word "The state committee on science and technologies of the Republic of Belarus" shall be replaced with words "the republican state body pursuing state policy, exercising regulation and control in the field of protection of the rights to intellectual property items".

2. In Article 13:

in part two of Item 2 of the word "The Republic of Belarus in coordination with the State Committee on Science and Technologies of the Republic of Belarus" shall be replaced with words "in coordination with the republican state body pursuing state policy, exercising regulation and control in the field of protection of the rights to intellectual property items";

to exclude from paragraph two of Item 3 and item 4 of the word "Republic of Belarus".

3. In Item 1 of Article 17:

the third offer to state in the following edition: "The procedure for maintaining the State register and structure of the data entered in it are 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.";

the fourth offer to exclude.

Article 3. Bring in the Civil code of the Republic of Belarus of December 7, 1998 the following changes:

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