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

of March 31, 2021 No. 2

About change of resolutions of the Plenum of the Supreme Court of the Republic of Belarus

Due to the change of the legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Make changes to the following resolutions of the Plenum of the Supreme Court of the Republic of Belarus:

1.1. in the 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":

state Items 1 and 2 in the following edition:

"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.

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