Protection of intellectual property
Protection and execution of intellectual property rights of foreign investors and commercial organizations with foreign investments is defined by a number of laws and legislative acts, regulations of the Government of the Republic of Belarus, departmental acts of the Committee on Copyright under the Ministry of Justice and State Patent Committee of the Republic of Belarus, and international agreements of the Republic of Belarus.
The basic legislative acts are as follows:
- Civil Code of the Republic of Belarus;
- Law of the Republic of Belarus “On Patents for Inventions, Useful Models, Production Pieces”;
- Law of the Republic of Belarus “On Trade Marks and Service Marks”;
- Law of the Republic of Belarus “On Copyright and Adjacent Rights”.
The Republic is a participant of multiple conventions both on copyright, and proprietary rights, inter alia:
- Paris Convention for the Protection of Industrial property (1883);
- Convention Establishing the World Intellectual Property Organization (WIPO) (1967);
- Madrid Agreement Concerning the International Registration of Marks (1891);
- Patent Cooperation Treaty (PCT) (1970);
- Eurasian Patent Convention (1994);
- Universal (Geneva) Copyright Convention (1952) etc.
Since 2004 protection of rights of intellectual property objects is a function of the National Centre of Intellectual Property founded under the Decree of the President of the Republic of Belarus №66 dated February 12, 2004.
2007 saw adoption of State Programme on Protection of Intellectual Property for 2008-2010. It was collaborated taking into consideration priorities of socioeconomic development of the Republic of Belarus determined by the Programme of Socioeconomic Development of the Republic of Belarus for 2006-2010.
The Republic of Belarus acknowledges the following objects as intellectual property:
1). results of intellectual activity:
- works of science, literature and art;
- performances, phonograms and broadcastings;
- inventions, useful models, production pieces;
- selected achievements;
- topographies of integral circuits;
- undisclosed information, including manufacturing secrets (know-how).
2). individualization means of civil turnover of products, works or services participants:
- brand names;
- trademarks and service marks;
- geographical indications;
3). other results of intellectual activity and individualization means of civil turnover of products, works or services participants in cases stipulated by legislative acts.
Copyright and adjacent right objects are subject to protection due to their creation themselves. There is no need to register them or acquire any other documents enabling their protection. They are protected by the law since the moment of their creation.
In order to get legal protection of other intellectual property objects one needs a protection document (for inventions, useful models, production pieces, selected achievements – a patent); for topographies of integral circuits, trademarks and service marks, geographical indications of product origin – a certificate; for brand names of legal entity – registration of legal entity, foundation documents of which contain a brand name).
The legislation in the field of intellectual property has been constantly improving.