RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 28, 2023 No. 493

About change of resolutions of Council of Ministers of the Republic of Belarus

For the purpose of enhancement of procedure for provision of legal protection to intellectual property items, and also in pursuance of paragraph two of article 8 of the Law of the Republic of Belarus of January 9, 2023 "About change of the laws concerning legal protection of intellectual property items" and paragraph two of article 9 of the Law of the Republic of Belarus of December 30, 2022 No. 230-Z "About change of the laws on the tax matters" the Council of Ministers of the Republic of Belarus DECIDES: No. 243-Z

1. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

1.1. in Item 1 of the 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)":

the fourth subitem 1.4.1 after the word "power of attorney" to add the paragraph with the words "in the form established by the State committee on science and technologies (further-GKNT)";

paragraph third subitem 1.4.1-1, paragraph the fourth subitem 1.4.1-2, paragraph the fourth subitem 1.4. 2, paragraph the fourth subitem 1.4. The paragraph third subitem 1.4.3-1, the paragraph the fourth subitem 1.4.4 and part the eleventh subitem 1.15 after the word "power of attorney" to add 3, with the words "in the form established by GKNT";

in subitems 1.5 and 1.9 of the word "The state committee on science and technologies" to replace with the word "GKNT";

state subitems 1.11 and 1.12 in the following edition:

"1.11. license agreements about provision of right to use of the inventions and industrial designs protected by Eurasian patents which action extends to the territory of the Republic of Belarus according to the Eurasian patent convention of September 9, 1994 (further - the Eurasian patent convention), the Protocol on protection of industrial designs to the Eurasian patent convention and the Patent instruction to the Eurasian patent convention and also other agreements containing essential conditions of such license agreements are registered according to the procedure, established by this resolution for license agreements on provision of right to use of the inventions and industrial designs protected by patents of the Republic of Belarus.

Contracts of assignment and pledge of the rights to Eurasian patents for the inventions and industrial designs protected according to the Eurasian patent convention, the Protocol on protection of industrial designs to the Eurasian patent convention and the Patent instruction to the Eurasian patent convention are registered Eurasian patent authority;

1.12. registration of the license agreements providing the right to use the trademarks protected in the Republic of Belarus registered according to the procedure of the Madrid agreement on the international registration of signs of April 14, 1891 and (or) the Protocol to the Madrid agreement on the international registration of signs of June 28, 1989 and also registration of changes of owners of such trademarks is performed according to the Instruction to the Protocol to the Madrid agreement on the international registration of signs of June 28, 1989 (further - the Instruction) the International bureau of World Intellectual Property Organization (further - VOIS).

In case of identification of the reasons interfering action in the Republic of Belarus of registration concerning the agreements specified in parts one of this subitem, patent body according to the Instruction before the expiration of 18 months from the date of receipt of the notification of the VOIS International bureau on the made registration of the agreement directs to the VOIS International bureau the reasoned statement that this registration concerning the Republic of Belarus is invalid;";

add Item with subitems 1.12-1 and 1.12-2 of the following content:

"1.12-1. license agreements about provision of right to use of the industrial designs protected in the Republic of Belarus registered according to the Geneva act of the Hague agreement on the international registration of industrial designs of July 2, 1999 which action extends to the territory of the Republic of Belarus and also other agreements containing essential conditions of such license agreements are registered according to the procedure, established by this resolution for license agreements on provision of right to use of the industrial designs protected by patents of the Republic of Belarus;

1.12-2. license or other agreements about provision of the right to use the trademark of the Eurasian Economic Union (further - the Union) in the territory of the Republic of Belarus, contracts of assignment and pledge of exclusive right on the trademark of the Union, the application for which registration was submitted to patent body, are registered according to the procedure, established by this resolution for license agreements on provision of right to use of trademarks, the rights to which make sure the certificate on the trademark of the Republic of Belarus.

Data on the registered provision of the right to use the trademark of the Union according to license and (or) other agreement, about registration of concession and pledge of exclusive right for the trademark of the Union are entered by patent body in the Unified register of trademarks of the Union;";

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