At present, an efficient intellectual property protection
system is functioning in the Republic of Belarus, which includes
social legislation and required organizational infrastructure.
Legislation of the Republic of Belarus in the field of intellectual
property includes international treaties, special laws, and statutory
normative legal acts.
The Republic of Belarus is a member-state of 17 multilateral international
treaties functioning under the aegis of the World Intellectual Property
Organization; also the country is a member of a number of multilateral
international agreements signed within CIS, in the field of
industrial property, copyright, and adjacent rights protection.
In compliance with the governing legislation of the Republic of
Belarus, the industrial property objects, as well as the objects
of copyright and adjacent rights are under protection. The industrial
property right covers all inventions, useful models, production
pieces, achievements in selection, integrated circuit topologies,
undisclosed information including trade secrets (know-how), company
names, trade marks and service marks, geographic indications. Copyright
covers all works of science, literature and arts which are the results
of creative activities. Adjacent rights cover performances, plays,
phonograms, on-air and cable broadcasts.
The national legislation of the Republic of Belarus in the field
of intellectual property meets international standards and ensures
an adequate regulation standard concerning the issues of intellectual
property creation and protection, and averting its illegal use.
At present, relations arising from creation and use of any industrial
property objects are governed in the Republic of Belarus by the
following legislative acts:
At present, relations arising from creation and use of the objects
of copyright and adjacent right are governed in the Republic of
Belarus by the following legislative acts:
Issues of customs control of any goods containing any intellectual
property objects are governed by the Customs
Code of the Republic of Belarus.
Moreover, necessary statutory normative legal acts to regulate
various issues related to protection of any industrial
property objects, the objects of copyright and adjacent rights..
The State Committee
on Science and Technologies of the Republic of Belarus is a
Republican structure responsible for implementation of the governmental
policy in the field of intellectual property rights protection..
The National
Intellectual Property Center subordinated to the State Committee
on Science and Technologies of the Republic of Belarus is entrusted
with a direct task to ensure protection of rights to any intellectual
property objects and carrying out duties of a patent body.
The National Intellectual Property Center shall:
- accept for consideration any applications for issue of protective
documents (patents, certificates) for inventions, useful models,
production pieces, trade marks, service marks, integrated circuit
topologies, sorts of plants; carry out expert examination of such
applications; carry out the state registration of industrial property
objects; issue protective documents;
- register license contracts, cession agreements, contracts of
right pawn to any intellectual property objects, which contracts
(agreements) shall be subject to registration in the Center in
compliance with the legislation; maintains the register of such
contracts (agreements);
- ensures, in compliance with the legislation of the Republic
of Belarus, functioning of shared control of proprietary rights
of the authors and other holders of copyright and adjacent rights.
The Board of Appeal under the Patent Body is a specialized structure under the National Property Right Center involved in the pre-court (administrative) settlement of any disputes related to protectability of any industrial property objects in the Republic of Belarus.
At present, Belarusian Authors’ Society Republican Unitary Enterprise is an organization authorized to ensure and protect, on shared basis, the rights of authors and other holders of copyright and adjacent rights to any works and objects of adjacent rights.
The main lines of activities of the Belarusian Authors’ Society in the field of shared control of proprietary rights of the authors shall be signing contracts with the authors and foreign organizations for shared control of rights; collection and payment of the author’s emolument; defense of rights in the court.
Settlement of any disputes resulting from application of the legislation governing proprietary and personal non-proprietary relationships arising from creation, legal protection and use of any intellectual property objects shall be carried out by the Panel of Judges for Patens Affairs under the Supreme Court of the Republic of Belarus.
In addition to civil liability for infringement of the legislation in the field of intellectual property criminal and administrative liabilities are provided for. |
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