Resolution of the Council of Ministers of the Republic of Belarus

Resolution of the Council of Ministers of the Republic of Belarus

March 21, 2009 No. 346

[Amended as of March 9, 2015]

 

On Registration of License Contracts, Contracts of Assignment of the Rights to Industrial Property Objects, Contracts of Pledge of Property Rights Certified by a Certificate to a Trademark or Service Mark and Contracts of Complex Entrepreneurial License (Franchising)

 

With a view of improving the registration procedure of license contracts, contracts of assignment of the rights to industrial property objects, contracts of pledge of property rights certified by a certificate to a trademark or service mark and contracts of the complex entrepreneurial license (franchising) the Council of Ministers of the Republic of Belarus has decided:

 

1. To establish that:

1.1. the following contracts are subject to registration in the State Register of License Contracts, Contracts of Assignment, Contracts of Pledge of the Rights to Industrial Property Objects of the Republic of Belarus:

1.1.1. license contracts on granting the right of use of the following industrial property objects protected in the Republic of Belarus:

inventions;

utility models;

industrial designs;

varieties of plants;

layout-designs (topographies) of integrated circuits;

trademarks and service marks (hereinafter – trademarks);

1.1.2. [excluded]

1.1.3. contracts of assignment  of rights to the industrial property objects protected in the Republic of Belarus, mentioned in the sub-clause 1.1.1 of this clause;

1.1.4. contracts of pledge of property rights certified by a certificate to a trademark;

1.1.5. other contracts the content of which corresponds to the contracts mentioned in the sub-clauses 1.1.1-1.1.4 of this clause;

1.1.6. changes in the registered contracts mentioned in indents two-six of sub-clause 1.1.1, sub-clauses 1.1.3 and 1.1.5 of this clause and also to the registered contracts on pledge of property rights certified by a patent or certificate;

1.1.7. changes in the registered contracts mentioned in indent seven of sub-clause 1.1.1 of this clause;

1.2. contracts of the complex entrepreneurial license (franchising), changes in those contracts, and also the cancellation of those contracts are subject to registration in the State Register of Contracts of the Complex Entrepreneurial License (Franchising) of the Republic of Belarus.

If according to a contract of the complex entrepreneurial license (franchising) rights concerning inventions, utility models, industrial designs, varieties of plants, layout-designs (topographies) of integrated circuits, trademarks are being assigned, the contracts mentioned in the first part of this clause are also subject to registration in the State Register of License Contracts, Contracts of Assignment, Contracts of Pledge of the Rights to Industrial Property Objects of the Republic of Belarus;

1.3. registration of the contracts in the State Registers mentioned in sub-clauses 1.1 and 1.2 of this clause is carried out by the National Center of Intellectual Property (hereinafter – the patent authority).

The contracts mentioned in the sub-clauses 1.1 and 1.2 of this clause are considered to be invalid without registration in the patent authority in the cases provided for by the legislative acts.

The information about the registered contracts, including the number of state registration of the contract, the type of the contract, names of the contract parties, the type of the license (at registration of a license contract), the term of the contract, the number of the patent or certificate, and also about the introduced changes and additions, about the cancellation cancelation thereof is published in the official bulletin of the patent authority;

1.4. the following is submitted to the patent authority for the registration of:

1.4.1. contracts mentioned in indents two-six of sub-clause 1.1.1, sub-clauses 1.1.3-1.1.5 and 1.2 of this clause:

the application for the registration of the contract;

three copies of the contract (two original copies and a copy certified by the applicant);

power of attorney (in the case of business management through a representative);

the document confirming the payment of a patent fee;

1.4.11. contracts mentioned in indent seven of sub-clause 1.1.1 of this clause:

the application for the registration of the contract;

power of attorney (in the case of business management through a representative);

the document confirming the payment of a patent fee;

1.4.2. contracts mentioned in the sub-clause 1.1.3 of this clause, alongside the documents mentioned in sub-clause 1.4.1 of this clause, the patent for the invention, utility model, industrial design, variety of plants, the certificate for the trademark, layout-design (topography) of the integrated circuit, trademark;

1.4.3. changes in the registered contracts mentioned in indents two-six of sub-clause 1.1.1, sub-clauses 1.1.5 and 1.2 of this clause and also to the registered contracts on pledge of property rights certified by a patent or certificate:

the application for the registration of changes;

three copies of the agreement of the contract parties on introducing changes (two original copies and a copy certified by the applicant);

power of attorney (in the case of business management through a representative);

the document confirming the payment of a patent fee;

1.4.31. changes in the registered contracts mentioned in indents seven of sub-clause 1.1.1 of this clause:

the application for the registration of changes;

power of attorney (in the case of business management through a representative);

the document confirming the payment of a patent fee;

1.4.4. cancellation of contracts of complex entrepreneurial license (franchising):

the application for the registration of the contract cancellation;

three copies of the parties agreement on the contract cancellation (two original copies and a copy certified by the applicant);

power of attorney (in the case of business management through the representative);

1.5. requirements for completion of the documents mentioned in the sub-clause 1.4 of this clause, including applications mentioned in indent two of sub-clause 1.4.1, indent two of sub-clause 1.4.11, indent two of sub-clause 1.4.3 and indent two of sub-clause 1.4.31 of this clause are established by the State Committee on Science and Technology;

1.6. registration of contracts mentioned in sub-clauses 1.1.1, 1.1.3-1.1.5 and 1.2 of this clause and also changes mentioned in sub-clauses 1.1.6 and 1.1.7 is carried out within one month from the date of delivery of the documents mentioned in the sub-clause 1.4 of this clause in the patent authority;

1.7. the patent authority, when registering contracts mentioned in indents two-six of sub-clauses 1.1.1, 1.1.3-1.1.5 and 1.2 of this clause and also changes mentioned in sub-clauses 1.1.6 of this clause, examines availability of the documents necessary for the registration and their conformity with the established requirements and also of the conformity of the provisions of the contract submitted for the registration with the legislation on the industrial property law in the part of:

parties powers to conclude the contract;

subject matter of the contract;

type of the rights transfer;

extent of the rights being transferred;

term of validity of the contract;

1.8. the parties to the contracts mentioned in sub-clauses 1.1 and 1.2 of this clause bear the responsibility for their compliance with the legislation.

The republic bodies of state administration, other state organizations subordinated to the Government of the Republic of Belarus exercise control over the conclusion of the contracts mentioned in sub-clauses 1.1 and 1.2 of this clause, by the subordinated (entering into their structure) organizations;

1.9. procedure for registration of the contracts mentioned in the sub-clauses 1.1.1, 1.1.3-1.1.5 and 1.2 of this clause and also changes mentioned in sub-clauses 1.1.6 and 1.1.7 of this clause is determined by the State Committee on Science and Technologies;

1.10. the patent authority has the right to request and receive from the republic bodies of state administration, other state bodies, and other organizations and natural persons information related to the registration of the contracts mentioned in sub-clauses 1.1.1, 1.1.3-1.1.5 and 1.2 of this clause and also changed mentioned in sub-clauses 1.1.6 and 1.1.7 of this clause. At that, the term of the registration of the contracts, established in the sub-clause 1.6 of this clause, is extended for up to two months;

1.11. license contracts on granting the right to use inventions protected by Eurasian patents the effect of which extends to the territory of the Republic of Belarus in accordance with the Eurasian Patent Convention of 9 September 1994 (hereinafter -  the Eurasian Patent Convention) and the Patent Instructions Relating to the Eurasian Patent Convention are registered in the order established by this Resolution for the license contracts on granting the right to use inventions protected by the patents of the Republic of Belarus.

The contracts of assignment and pledge of rights to a Eurasian patent in accordance with the Eurasian Patent Convention of 9 September 1994 and the Patent Instructions Relating to the Eurasian Patent Convention are registered in the Eurasian Patent Organization;

1.12. transfer of rights to trademarks protected in the Republic of Belarus, is registered according to the procedure of the Madrid Agreement Concerning the International Registration of Marks of 14 April 1891 (hereinafter - the Madrid Agreement) and/or the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 28 June 1989 (hereinafter – the Protocol), on license contracts and contracts of assignment is registered according to the Common Regulations under the Madrid Agreement and Protocol (further – the Common Regulations) by the International Bureau of the World Intellectual Property Organization (hereinafter –WIPO).

At revealing the grounds preventing in the Republic of Belarus the effect of the registration concerning the contracts mentioned in the first part of this sub-clause, according to the Common Regulations, prior to the expiry of eighteen months from the date of receipt of the notification of the International Bureau of WIPO about the performed registration, the patent authority sends a motivated notification that the said registration regarding the Republic of Belarus is invalid.

2. [Not given]

3. The republic bodies of state administration and other state organizations subordinated to the Government of the Republic of Belarus shall adopt necessary measures to implement this Resolution.

4. This Resolution enters into force after its official publication.

Prime Minister of the Republic of Belarus                                                                                                                                S. Sidorsky

 

 

*unofficial translation*