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Amendments to Trademark Laws

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Aug 22, 2018 (Newsletter Issue 14/18)
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Law on Patents for Inventions, Utility Models and Industrial Designs Amended

The amendments to the Belarus Law on Patents for Inventions, Utility Models and Industrial Designs entered into force on July 7, 2018.

One of the main novelties is the inclusion of public domain provisions. According to the amended law, a patent enters the public domain once it expires, is invalidated at the patent holder’s request, the legal entity that owns the patent ceases to exist, or if a patent holder dies without clear heirs or beneficiaries. When a patent enters the public domain, it may be used without the right holder’s consent and without remuneration, provided that the rules defining inventorship are respected.

Further, the law clarifies what can or cannot be recognized as an invention. For instance, methods of medical treatment are not patentable, while computer algorithms can be regarded as inventions.

The concept of 'dependent patent' for inventions and utility models is introduced, referring to inventions and utility models containing another invention or utility model already protected by an 'original patent'.

The maximum term of a utility model is now 10 years instead of eight. It is initially valid for five years and may be extended up to five years, not up to three years as before.

For further information, please see the article of the law firm PETOSEVIC here