Intellectual Property Laws at Belarus
Belarus has a comprehensive and evolving intellectual property (IP) legal framework, aligning with international standards and regional agreements. Here's an overview of the key aspects:
🇧🇾 Key IP Legislation in Belarus
Civil Code – Section V: Intellectual Property
Amended in November 2024, this section governs copyright, related rights, and industrial property. Notable changes include: Presumption of creativity for works, meaning a work is considered created through creative efforts unless proven otherwis. Extension of exclusive rights to copyright works to the author's lifetime plus 70 years after their deat. Clarification of property and non-property rights, including provisions on the transfer and licensing of right.
Law No. 243-Z (2023)
This law introduced amendments to various IP laws, including the Trademarks and Service Marks Act. It came into force in stages, with most provisions effective from November 13, 2023.
Law No. 312-Z (2023)
This law amended the Civil Code to enhance IP protection, including changes to the duration of copyright and related rights.
🏢 National Center of Intellectual Property (NCIP
The NCIP is the central authority for IP matters in Belarus, responsible for Registration and protection of patents, trademarks, industrial designs, and copyrighs.Providing consultations and training on IP issus.. Managing the State Register of Industrial Property Righs.Facilitating the commercialization and licensing of IP.
🌐 International and Regional Agreements
**Eurasian Patent Convention (EAPC)*: Belarus is a member, allowing for a unified patent system across several Eurasian countres.
*WIPO Treaties: Belarus is a signatory to various World Intellectual Property Organization treaties, including the Berne Convention for the Protection of Literary and Artistic Works and the Madrid Protocol for the international registration of trademaks.
⚖️ Enforcement and Special Measures
*Unauthorized Use of IP: Belarus has provisions allowing for the unauthorized use of IP owned by entities from "unfriendly countries," subject to certain conditions and compensatins.
*Judicial Protection: IP holders can seek remedies for infringements through the Judicial Collegium on Intellectual Property of the Supreme Court, with compensation ranging from 10 to 50,000 base vales.
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