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| Patents Trademarks Licences | Eurasian & Belorussian Patent Attorney | |||||
Objects
Industrial property objects include trademarks, inventions, designs, utility models, topologies of integrate circuits, plants varieties.
Basic notions:
Trademark (brand, label, logo)
Trademarks and service marks are signs serving to distinguish the goods manufactured and services offered by one legal entity or natural person from the goods or services of the same type manufactured or offered by another legal entity or natural person.
Trademarks can be verbal (letters, numbers combinations, family names), figurative (drawings, graphic symbols, colour combinations), three-dimensional, sound.
A registered trademark is granted a certificate that states the priority and exclusive right of the TM owner with regard to goods indicated in the registration. The said certificate is valid for 10 years with a possible extension for the following 10 years. A Trademark under Law on Trademarks can be assigned to another person provided this assignment does not deceive the customer. A license can be granted for use of the registered trademark. License agreements and assignments under Law on Trademarks that is currently in force on the territory of the Republic of Belarus are subjects to registration at the National Centre of Intellectual property of the Republic of Belarus. Without registration they are invalid.
International TM Registration
Legal protection of marks is restricted to the territory where the mark was registered. Therefore companies that work in the international market should register their marks in other countries outside the Republic of Belarus. The process can be considerably simplified and accelerated if the mark is registered under Madrid system of TM registration. Madrid system allows to get an international registration at one and the same time in several participating countries of Madrid Agreement and/or the Protocol thereof (Germany, France, Spain, Italy, Cyprus, Monaco, Luxemburg and others).
An application for international registration is filed via National Centre of intellectual property of the Republic of Belarus, the fee is paid only once and the examination term is restricted to 12 months. International registration of TM in the International Bureau is valid for 10 years with a possible renewal.
Invention
Invention is a device, process, technique or a solution new enough to produce a significant change in the application of technology.
Invention can be protected provided it is new, has an inventive step and is industrially applicable.Before filing an invention application a patent search shall be carried out in order to find the closest analogs and select the most suitable prototype that will form the limiting part of the Claims. An invention application can relate to one invention or a group of inventions provided they form one inventive conception. This requirement is known as the unity of invention criterion.
An invention patent is granted by the Patent Office. It confirms the right of a patent holder to own the invention. The Patent certifies the priority, authorship and exclusive right of its holder to use the invention
It is the patent holder alone who can authorize another person to use the said invention or to assign him/her full rights thereto. Without the patent holder's permission the invention cannot be used. The scope of legal protection granted together with the patent is defined by the Claims. The invention patent is effective on the territory of the state where it was granted during 20 years from the filing date.
Utility Model
Utility model - a technical solution which is new, industrially applicable and relates to devices.
Utility model patent is granted by the Patent office. It confirms the right of its holder to own the said utility model.
The patent states the priority, authorship and exclusive right of its holder to use the utility model. The utility model patent is valid for 5 years.
Design
An industrial design is an artistic, or both artistic and technical, solution that determines the appearance of an article.
Design shall be protected if it is novel.
A design application can relate to one design or a group of designs provided they form one creative concept. This requirement is known as the industrial design unity.
The patent is valid for 10 years from the filing date to the Patent Office.
Right of prior use
Any natural person or legal entity who or which, before the priority date of a patented invention, within the territory of the Republic of Belarus made a similar invention independently of the inventor, and was using it or was making necessary preparations for such use, shall have the right to continue such use or to use the invention as envisaged in such preparations free of charge and without increasing the volume at the time of filing the application.
© 2010, IP Credo
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