Major changes in the IP legislation of the Republic Belarus for the year 2005. Our comments

1. ACTS

Franchising Agreement
A new Law, making possible the Franchising Agreement conclusion has come into force since March 03, 2005.

Foreign Trade Activity
A new Law “On State Regulation of Foreign Trade Activities” has come into force since June 15, 2005.

2. COURTS

Court practice
The Supreme Court of the Republic of Belarus has systematized the court practice concerning Trademarks and Service marks.

Litigation fees
Litigation fees for the disputes in respect of the IP objects have been considerably reduced.

3. INFORMATION TECHNOLOGIES

High Tech Park
The Republic of Belarus has proceeded to the high tech park establishment.


1. LEGISLATION

Franchising Agreement
The Law of the Republic of Belarus “On amending and alteration of the Civil Code of the Republic of Belarus on the real property recordal, entry list of associations and unions, a package business license (franchise), legal regime of farm property” (of August 18, 2004 № 316-З) since March 03, 2005 has come into force. The full text of the Law is available on http://www.pravo.by.

The said Law has introduced essential changes into Chapter 53 of the Civil Code of the Republic of Belarus and in fact, has made possible the franchising agreements conclusion between the agents of management.

Now, having been amended, Chapter 53 includes 12 Articles (earlier it was only one Article in other redaction).

Under the agreement of a package business license (franchise) one party (franchisor) undertakes to grant the other party (franchisee) for a reward for the term, specified in the franchising agreement or without its indication, a set of exclusive rights (license package), including a right to use the right holder’s firm name and undisclosed information, including trade secrets (know-how), and other IP objects (trademarks, service marks, etc.), stipulated by the franchising agreement for purpose of their using in franchisee’s business activity (Article 910 point 1 in the new redaction).

Article 910-1 provides that a franchising agreement is to be concluded in written form and registered in the Patent Authority of the Republic of Belarus.


Foreign Trade Activity
The new Law of the Republic of Belarus “On State Regulation of Foreign Trade Activities” (No. 347-Z of November 25, 2004) has come into force since June 15, 2005. The full text of the Law is available on http://www.pravo.by

The present Law complies with the WTO principles and rules, and also unifies regulation on the foreign trade in commodities, services and intellectual property.

Several definitions of the information foreign trade and the IP objects foreign trade are given in the Law.

The information foreign trade means the foreign trade in commodities when the information obtaining is directly connected with the transfer of these commodities, or the IP objects foreign trade when the information is transferred as the result of complete or partial transfer of exclusive rights to these objects on the basis of compensation deals, and in other cases it means the foreign trade in services (Article 1 point 1 subpoint 1.4).

The IP objects foreign trade means complete or partial transfer of exclusive rights to the IP objects by a resident of the Republic of Belarus to a nonresident of the Republic of Belarus, or by a nonresident of the Republic of Belarus to a resident of the Republic of Belarus on the basis of compensation deals. (Article 1 point 1 subpoint 1.5).

It should be noted, that only the assignment of rights to the IP objects is referred to these objects foreign trade in the Law. Authorization to use the IP object (license agreement) is not stipulated in the Law.


2. COURTS

Court practice
On September 28, 2005 Plenum of the Supreme Court of the Republic of Belarus adopted the Resolution
No. 9 “On some issues of administration of legislation during the civil investigations connected with the Trademark and Service Mark rights protection” (published in the National Register of Legal Acts) of the Republic of Belarus, October 17, 2005, No.160, 6/458) (further - the Resolution). The full text of the Law is available on http://www.pravo.by

The said Resolution is the first document of such kind, which has been adopted by the Supreme Court of the Republic of Belarus at systematizing the work of the Collegium on the patent affairs of the Supreme Court of the Republic of Belarus in the IP sphere.

The Resolution is entirely devoted to the issues of administration of legislation during disposition of cases connected with the registration and use of Trademarks and Service Marks in the Republic of Belarus.


In particular, the following issues are expounded in the Resolution:
- Official knowledge and jurisdiction over the disputes, relating to the administration of legislation on Trademarks and Service Marks
- Recommended actions at the preparation of a case for hearing;
- Scope of use a Trademark and Service Mark;
- Definition of a person who can file an action for pre-term cancellation of a Trademark and Service Mark registration;
- Submission to the court of proofs of the claimant’s interest in satisfaction of the claim.

Litigation fees
Since March 14, 2005 official fees have been considerably reduced in the Collegium on the patent affairs of the Supreme Court of the Republic of Belarus (the Decree No.14 of the President of the Republic of Belarus of March o4, 2005 “On Introduction of Changes into the Decree No.559 of the President of the Republic of Belarus of October 18, 2000. The full text of the Law is available on http://www.pravo.by

The Collegium on the patent affairs of the Supreme Court of the Republic of Belarus is a specialized court on all the IP disputes.
At present the following fees should be paid for filing non-property declarations (or declarations which are not subject to estimation) to the Collegium on the patent affairs of the Supreme Court of the Republic of Belarus:
- by natural persons in the amount of 20 basic values (previously – 120);
- by juridical persons and organizations, which are not juridical persons in the amount of 50 basic values (previously – 400).

The following fees should be paid for filing complaints against the Decision of the Appeal Council by the Patent Authority of NCIP (the National Center of Intellectual Property) of the Republic of Belarus:
- by natural persons in the amount of 20 basic values (previously – 100);
- by juridical persons and organizations, which are not juridical persons in the amount of 50 basic values (previously – 350).

* On January 03, 2006 one basic value is approximately 14 USD.

3. INFORMATION TECHNOLOGIES

The High Tech Park
On September 22, 2005 was adopted the Decree of the President of Republic of Belarus No.12 “On the High Tech Park” (has come into force since January 03, 2006). The full text of the Law is available on http://www.pravo.by

The said Decree provides a legislative basis for the developing High Tech Park in the Republic of Belarus
The High Tech Park is purposed on attracting the juridical persons and individual entrepreneurs, who are involved in the following activities (one or several):
- Information systems analysis, designing and software;
- Data processing activity with the use of user’s software or personal software;
- Basic and applied researches, exploratory developments in the field of sciences and techniques (execution of research scientific works, development or technological works, connected with the trends of the High Tech Park activity) and putting the results of such research and development into practice.

The juridical persons and individual entrepreneurs, who become the residents of the High Tech Park, will be guaranteed significant privileges on all kinds of taxes and fees payment.

Official fees for filing complaints and declarations to the Collegium on the patent affairs of the Supreme Court of the Republic of Belarus have been considerably reduced

Since March 14, 2005 official fees have been considerably reduced in the Collegium on the patent affairs of the Supreme Court of the Republic of Belarus (the Decree № 114 of the President of the Republic of Belarus of March o4, 2005 “On Introduction of Changes into the Decree № 559 of the President of the Republic of Belarus of October 18, 2000).

At present the following fees should be paid for filing non-property declarations (or declarations which are not subject to estimation) to the Collegium on the patent affairs of the Supreme Court of the Republic of Belarus:
- by natural persons in the amount of 200 USD (previously - 1310 USD);
- by juridical persons and organizations, which are not juridical persons in the amount of 550 USD (previously – 4365 USD).

The following fees should be paid for filing complaints against the Decision of the Appeal Council by the Patent Authority of NCIP (the National Center of Intellectual Property) of the Republic of Belarus:
- by natural persons in the amount of 200 USD (previously - 1090 USD);
- by juridical persons and organizations, which are not juridical persons in the amount of 550 USD (previously – 3820 USD).

The new changes in the Civil Code of the Republic of Belarus have affected the Intellectual Property objects

Article1 point 20 of the Law(1) introduces the changes and amendments into Chapter 53 of the Civil Code of the Republic of Belarus “A Package Entrepreneurial License (franchising)” (shall come into force in six months after their official publication, and namely on February 27, 2005).
At present Chapter 53 includes only one Article 910.
After entering into force of the Law, Chapter 53 shall be stated in a new redaction, and besides, 11 new articles shall be added to Chapter 53.
The changes and amendments introduce a list of objects, which can be included as a part of the subject of the franchising agreement: “in accordance with a Package Entrepreneurial License Agreement (franchising) one party (franchisor) is obliged to grant the other party (franchisee) for a reward a set of exclusive rights (license package), including a right to use a franchisor’s brand and undisclosed information, including trade secrets (know-how), and other Intellectual Property objects (trademarks, service marks, etc.), provided for by a franchising agreement, for purpose of their using in franchisee’s business activity, for the term, specified in the franchising agreement or without indication of the term” (Article 910 point 1 in a new redaction).

Article 910-1 provides, that a franchising agreement is to be concluded in writing and should be registered in the Patent Authority in accordance with the procedure, established by the Law (such procedure has been not established yet).

In addition, Articles 910-7 and 910-11 provide for a number of registrations for a franchising agreement:
- any change of a franchising agreement should be registered in accordance with the procedure, established for franchising agreement registrations;
- the parties of a franchising agreement in relations with the third persons are entitled to refer to the agreement change since the moment of this change registration;
- a franchising agreement termination before the appointed time should be registered in accordance with the procedure, established for franchising agreement registrations.
Thereby, after entering into force of the changes and amendments, one can be convinced, that the present kind of agreements will be actually used on the territory of the Republic of Belarus.


(1) The Law of the Republic of Belarus “On Introduction of changes and amendments into the Civil Code of the Republic of Belarus on the issues of the real estate registration, the membership of associations and unions, a package entrepreneurial license (franchising), legal regime of farming property” of August 18, 2004 №316-З (published in the newspaper “Zvyazda”, № 202 of August 26, 2004).

The first amendments and additions were introduced into the Investment Code of the Republic of Belarus

The Ministry of Finance of the Republic of Belarus has shifted their concerns on the receipt of the State Committee on Science and Technologies of the Republic of Belarus Report on the scientific and technological level of the used technologies on the investment projects onto the shoulders of the investors.
Point1 of Item2 of Article22 of the Investment Code1 has been supplemented with Point 1.5 (previously Subpoint 22 of Point 1 of Article 22).
At present an investor (an initiator of the investment project) should attach to the letter-declaration, among other things, the State Committee on Science and Technologies of the Republic of Belarus Report on the scientific-technological level of the used technologies on the investment projects, which are claiming for a government support, have been established for manufactures (businesses), based on new and high technologies; and also on the investment projects with an attraction of foreign credits under the Government of the Republic of Belarus guarantees, on other investment projects in cases and on terms, specified by the Government of the Republic of Belarus.
At present the Ministry of Economics of the Republic of Belarus2 (previously- the Ministry on Management of the State Property and Privatization of the Republic of Belarus) carries out an examination of the state property valuation accuracy, contributed as non-monetary deposit to the authorized fund.
At present non-monetary deposit is considered to be contributed to the authorized fund if the deposit sum is confirmed by an act on non-monetary deposits valuation accuracy.

A six-month term is a period for the parties to make a decision on state registration of a Trademark License Contract and Agreement of Trademark Assignment

The State Committee on Science and Technologies has changed1 Item1 of Subpoint3.2 of Point3 of the “Rules of Consideration and Registration of Agreements of Trademark Assignment and License Contracts of Entitlement to Use a Trademark”2, thus limiting a filing date for registration of the abovementioned agreements. At present a Trademark License Contract and Agreement of Trademark Assignment should be filed for registration to the National Center of Intellectual Property of the Republic of Belarus within six months since the moment of the Agreement signing.
We would like to remind you, that no limitation on the filing date for registrations of the abovementioned agreements has been stipulated previously.

In the Republic of Belarus a renewal of a patent is possible

In accordance with Article 35 of the Law of the Republic of Belarus “On Patents for Inventions, Utility Models, Industrial Designs” a renewal of a patent for inventions, utility model or industrial design is possible, if a patent is cancelled because of non-payment of annuity for a patent maintenance in a given period, but for all that the patent duration has been not expired.
A renewal is possible only on a patent owner’s request (a patent owner forwards a Power of Attorney in the case of request filing through his patent attorney).
A fee for filing a request on a renewal of a patent amounts to two minimum wages of the Republic of Belarus for the owners from the countries of Russia and Belarus, and 400 USD – for the foreign owners.
In addition, fee debts payment is made for each missing year of duration.

On July 29, 2004 the Federal Law “ On Trade Secret” № 98-ФЗ was adopted in the Russian Federation (hereinafter – the Law)

The Law regulates relations, connected with:
- the information recognition as to the Trade secret;
- the communication of such information;
- the protection of its confidentiality in order to provide the interests balance of holders of the information, representing the Trade secret, and other participants of regulated relations, including the State at the market of goods, jobs, services and prevention of unfair competition;
- the determination of the information, which can not be referred to the Trade secret.

The Regulations of the Law spread on the information, representing the Trade secret, irrespective of carrier’s type, on which it has been registered.
The Regulations do not spread on the information, representing the State secret, according to the legislation of the Russian Federation.
In Article 3 of the Law the definitions are given to the following concepts: the Trade Secret; the information, representing the Trade Secret, regulations of the Trade Secret; a holder of the information, representing the Trade Secret; access to the information, representing the Trade Secret; communication of the information, representing the Trade Secret; contractor; provision of the information, representing the Trade Secret; disclosure of the information, representing the Trade Secret.
An exhaustive list of information, which cannot be referred to the Trade Secret, is indicated in Article 5 of the Law.
A list of rights of a holder of the information, representing the Trade Secret, is indicated in Article 7 of the Law.
A procedure of establishment of the Trade Secret regulations and information confidentiality protection is regulated in Articles 9, 10 of the Law.
A procedure of confidential information protection in the framework of labor relations, civil relations and a procedure of its protection at its submission are indicated in Articles 11,12,13.
A responsibility for the Law infraction and responsibility for not giving to the public authorities, other state structures, local government authorities the information, representing the Trade Secret are established in Articles 14, 15.
In particularly, the Law provides the following types of responsibility: disciplinary liability, civil, administrative and criminal.

The Federal Institute of Intellectual Property of the Russian Federation identified what designations can be false or deceptive for a consumer in respect of a product or its producer

The Federal Institute of Intellectual Property of the Russian Federation in Interpretations(1), introduced criteria, differentiated eventually designations, which can not be registered in capacity of the Trademarks, as they are false or deceptive for a consumer in respect of a product or its producer (Paragraph 2 of Point 3 of Article 6 of the Law(1)), and designations, which can not be registered in capacity of the Trademarks, as they are identical or confusingly similar with the Trademarks of other persons (Point1 of Article 7). In the first case refusal in the Trademark registration is issued on the absolute grounds, in the second – on the relative (any) grounds. Seemingly, the reasons for refusal are quite different, but on practice they were often interchanged in one’s favour. Such situation has arisen because of the fact that Article 28 of the Law provides different terms of appeal of the registration of the Trademarks, registered with the infringement of the requirements of Paragraph 2 of Point 3 of Article 6 and Point 1 of Article 7 of the Law. In the first case the registration duration can be appealed within the whole term of its duration, in the second case – only within five years since the publication date in the official journal.

The persons concerned on account of this tried to dispute Trademark registration (having missed a five-year term) on the grounds of Paragraph 2 of Point 3 of Article 6 of the Law.

(1) Interpretations “On Illegitimacy of the References to Point 1 of Article 7 of the Law №3520-1 of the Russian Federation of September 23, 1992 “On the Trademarks, Service Marks and Appellations of the Places of Origin of the Goods” with changes and additions, introduced by the Federal Law №166-ФЗ of December 11, 2002, at applying of the grounds for refusal in the Trademark registration, provided by Paragraph 2 of Point 3 of Article 6 of the said Law” ratified by the Order №12 of the Federal Institute of Intellectual Property, Patents and Trademarks of July 6, 2004.

(2) The Law №3520-1 of the Russian Federation of September 23, 1992 “On the Trademarks, Service Marks and Appellations of the Places of Origin of the Goods” with changes and additions, introduced by the Federal Law №166-ФЗ of December 11, 2002.

OVERVIEW OF THE LEGISLATION OF THE REPUBLIC OF BELARUS, 2004
Comments to the changes, introduced into the Law of the Republic of Belarus "On the Trademarks and Service Marks" on January 05, 2004.

Trademarks and Service Marks

1. The Service Marks have been de jure declared not identical with the Trademarks.
2. A list of designations, which can be registered in the capacity of the Trademarks and Service Marks, has been limited. Note, that the list of these designations has not been limited previously.
3. The signs of infringement of the owner’s rights to well-known Trademarks and Service Marks in the Republic of Belarus are clearly determined in respect of the dissimilar goods. Now Article 3 point 3 of the Law is the following "… unauthorized manufacture, application, import, offer for sale, sale and other introduction into the civil circulation or storage for that purpose of a Trademark or goods, marked by the Trademark, or designation, which is confusingly similar to it, in respect of … dissimilar goods, marked by the Trademark, declared well-known in the Republic of Belarus".
4. The points concerning the issues of correlation of the copyright and the Trademark have been changed in Article 5.

- A semantic mistake has been rectified in subpoint 3.4. Pursuant to the new redaction of the Law the characters of the scientific, literary and art works, which are well-known in the Republic of Belarus are not registered.
-The names of mass media, registered in the Republic of Belarus without authorization of their founders in respect of the similar goods, are not registered in the capacity of a Trademark (point 3.4-1).
-The authorities of the persons, well-known in the Republic of Belarus, and their successors on the protection of surnames, names, pseudonyms and their derivatives, portraits and facsimile of the said well-known persons have been extended (point 3.5).

5. Now the unfair competition can be the reason for declaring Trademarks and Service Marks registrations invalid.

International Registrations of Marks.

Since April 01, 2004 all License Agreements, empowering to use international registrations of marks (registered in compliance with the Madrid Agreement and/or the Madrid Protocol) on the territory of the Republic of Belarus are registered in the International Bureau of WIPO.
The Republic of Belarus has not made till April 01, 2004 a declaration on possibility of introduction into its own national register of entry about registration of License Agreement, empowering to use international registrations of marks on the territory of the Republic of Belarus.
A License Agreement should be filled in the form ММ13 (Е) in order to be registered in the International Bureau of WIPO in compliance with the requirements of point 5 of Rule 20bis of the Common Regulations (with effect from 01.04.2004). The form ММ13 (Е) is available on WIPO website: www.wipo.int.
Please, note, that at application filing to the International Bureau of WIPO, the National Center of Intellectual Property of the Republic of Belarus under point 5 of Rule 20bis of the Common Regulations is entitled to declare that a registration of the License Agreement has no effect on the territory of the Republic of Belarus.

Inventions.

Inventions Examination Department of the National Center of Intellectual Property of the Republic of Belarus has made a decision on acceptance of requests for renewal of applications for inventions within 12 months since its expiration date.
It is necessary to submit the peculiarities of filing the abovementioned requests to the Patent Attorney’s of the Republic of Belarus approval.

Utility Models and Industrial Designs.

As before, in the Republic of Belarus a substantive examination of utility models and industrial designs is lacking.
A patent for utility model and industrial design can be obtained within six–nine months in the Republic of Belarus.

License Agreement.

A six-month term is a period for the parties to make a decision on state registration of a Trademark License Agreement and Trademark Assignment Agreement.
License Agreement and Trademark Assignment Agreement should be filed for registration to the National Center of Intellectual Property of the Republic of Belarus within six months since the moment of the Agreement signing.
We would like to remind you, that no limitation on the filing date for registrations of the abovementioned agreements has been stipulated previously.

A Package Entrepreneurial License (franchising).

An Agreement of franchising will be actually used on the territory of the Republic of Belarus since March 03, 2005 (the changes and amendments are introduced into Chapter 53 of the Civil Code of the Republic of Belarus “A Package Entrepreneurial License (franchising)”).
At present Chapter 53 includes only one Article 910.

Chapter 53 shall be stated in a new redaction and 11 new articles shall be added to Chapter 53 since March 03, 2005.

The changes and amendments introduce a list of objects, which can be included as a part of the subject of the Agreement of franchising: “in compliance with a Package Entrepreneurial License Agreement (franchising) one party (franchisor) is obliged to grant the other party (franchisee) for a reward a set of exclusive rights (license package), including a right to use a franchisor’s brand and undisclosed information, including trade secrets (know-how), and other Intellectual Property objects (trademarks, service marks, etc.), provided for by the Agreement of franchising, for purpose of their using in franchisee’s business activity, for the term, specified in the franchising agreement or without indication of the term” (Article 910 point 1 in a new redaction).

Article 910-1 provides, that the Agreement of franchising is to be concluded in writing form and registered in the Patent Authority in compliance with the procedure, established by the Law (such procedure has been not established yet).


© Patent Attorneys Bureau “Elena N. Beliaeva”. Minsk, 2005

A new Provision on the Appeal Council is ratified by Resolution of the Committee on Science and Technologies by the Council of Ministers of the Republic of Belarus of January 10, 2003 № 2.

Definition
The Appeal Council by the Patent Authority (hereinafter – the Appeal Council) is a specialized department of the National Center of Intellectual Property, which accomplishes pre-trial adjustment of disputes on the questions of the Industrial Property objects patentability in the Republic of Belarus, and also implements the other authorities, related to the Appeal Council’s competence under the Provision or another legislative actions of the Republic of Belarus (Chapter 1 point 1 of the Provision on the Appeal Council).

Reasoning from the definition, all pre-trial disputes, relating to the Industrial Property, are covered by the Appeal Council’s terms of reference.
The functions and tasks of the Appeal Council are combined in Chapter 2 of the new Provision.
The major tasks of the Appeal Council according to the new Provision are pre-trial adjustment of disputes on the questions of the Industrial Property objects patentability in the Republic of Belarus and pronouncing of judgments on the complaints, oppositions and statements under consideration (point 3.1. of the new Provision). These tasks were not formulated in the old Provision.
In connection with introduction of a number of new laws the following new functions are laid upon the Appeal Council.
Opportunity to lodge a Complaint (point 4.1. of the new Provision):
- against a Decision of the preliminary examination about the refusal in acceptance to consideration of an application for registration and entitlement to use a name of the place of origin of the goods;
- against a Decision about the refusal in registration of a name of the place of origin of the goods and entitlement to use it;
- against a Decision about the refusal in entitlement to use a name of the place of origin of the goods, which has already been registered.
Opportunity to file an Opposition (point 4.2. of the new Provision):
- against registration of a name of the place of origin of the goods;
- against issue of a Certificate to the right to use a name of the place of origin of the goods.
Opportunity to consider the declarations (point 4.3. of the new Provision)
- of recognition of a Trademark as a generally-known in the Republic of Belarus.
- of determination of registration of a name of the place of origin of the goods and a Certificate to the right to use a name of the place of origin of the goods.

An opportunity of appealing of the Appeal Council Decision by the Chairman of the National Center of Intellectual Property is eliminated in the new Provision. Now the Appeal Council Decision can be appealed only in accordance with the existing legislation, i.e. in the Collegium on the patent affairs of the Supreme Court of the Republic of Belarus (point 4.5. of the new Provision).

The requirements to the Appeal Council are clearly settled in the new Provision:
- Consideration of the complaints, oppositions and declarations in accordance with the collective leadership principle.
- Complete and in-depth study of the submitted materials, objective appraisal of the facts, mentioned in the complaints, oppositions and declarations.
- The reasoned decisions making in accordance with the existing legislation of the Republic of Belarus.
- Confidentiality of consideration of the complaints, oppositions and declarations.
- Loyalty and protection of the rights and legitimate interests of the applicants, owners of the documents of protection, and the other persons at consideration of the complaints, oppositions and declarations (point 7 of the new Provision).

It is known, that the Trademarks (Service marks) registration in the Republic of Belarus is governed by the Law of the Republic of Belarus “On the Trademarks (Service Marks) of February 05, 1993 № 2181-XII (in redaction of October 27, 2000 and July 24, 2002). At this in accordance with the Provision on the Patent Dues and Fees (in red. of Resolutions of the Council of Ministers of the Republic of Belarus of May 29, 2001 № 789, of February 28, 2002 № 288, of July 15, 2002 № 949, of June 04, 2003 № 745) the fees should be paid.

The following fees should be paid for Trademark registration on the national procedure in the Republic of Belarus:
- for filing an application for Trademark registration and examination of a claimed designation – 3 Basic Values (600 USD);
- for each specified class over three (if a number of classes in the application exceeds three) additional fee in the amount of 0,2 Basic Values (40 USD) should be paid;
- for Trademark registration in the State Register of the Trademarks of the Republic of Belarus, publication of information about registration and issue of a Trademark Certificate – 1 Basic Value (200 USD).
The Trademark, registered on the national procedure, is valid for ten years. The Trademark registration can be renewed during the last year of its duration each time for ten years for unrestricted number of times.
A corresponding Request should be filed and the fee in the amount of 4 Basic Values (800 USD) should be paid for renewal of the Trademark (Service mark) registration duration.

A collective Trademark can be registered in the Republic of Belarus. The following fees should be paid for that:
- for filing an application for collective Trademark registration and examination of a claimed designation – 3 Basic Values (600 USD);
- for each specified class over three (if a number of classes in the application exceeds three) - 0,2 Basic Values (40 USD);
- for collective Trademark registration in the State Register of the Trademarks of the Republic of Belarus, publication of information about registration and issue of a collective Trademark Certificate – 4 Basic Values (800 USD).
A corresponding Request should be filed and the fee in the amount of 5 Basic Values (1000 USD) should be paid for renewal of the collective Trademark registration duration.

International Registration of the Trademarks.
In connection with the fact, that the Republic of Belarus is a member-state of the Madrid Agreement Concerning the International Registration of Marks of April 14, 1891 (revised in Stockholm on July 14, 1967, with amendments of September 28, 1979) and the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (of July 27, 1989), the Trademarks registration in accordance with these International Agreements is available in the Republic of Belarus.
The fee in the amount of 1 Basic Value should be paid for filing an application for Trademark registration in accordance with the Madrid Agreement and the application materials transfer to the International Bureau (WIPO).

Moreover, a document, confirming fee payment to the International Bureau should be attached to the application for registration. These fees should be paid beforehand. In connection with the fact, that the fee rate depends on the quantity of the selected countries, the terms, determined by each of the selected countries should be analyzed.

In accordance with Article 8 of the Madrid Agreement such registration cost (in Swiss francs) amounts to:
- for a mark in colour performance 653
- for a mark in non-colour performance 903
Additional fee for each class of the goods and services exceeding three 73
Additional fee for indication of each specified Contracting party 73

In accordance with Article 8 of the Madrid Protocol Relating to the Madrid Agreement such registration cost (in Swiss francs) amounts to:
- for a mark in colour performance 653
- for a mark in non-colour performance 903
Additional fee for indication of each specified Contracting party,
in respect of which the individual fee is not paid 73

The individual fees are introduced instead of the additional fee by Decree of the President of the Republic of Belarus № 21 of January 14, 2003 and Resolution of the Council of Ministers of the Republic of Belarus of April 01, 2002 № 400.
The individul fees rate at the Trademarks (Service marks) registration in accordance with the Madrid Protocol Relating to the Madrid Agreement in the Republic of Belarus amounts to:
- for filing an application, if the Trademark (Service mark) registration is claimed for no more than three classes – 600 Swiss francs;
- for more than three classes – 600 Swiss francs + 50 Swiss francs for each additional class over three;
- for renewal of the Trademark (Service mark) registration duration – 700 Swiss francs.

The Law of the Republic of Belarus on the Geographical Indications of July 17, 2002 № 127-З came into force on January 29, 2003. Now the registration of a name of the place of origin of the goods is available in the Republic of Belarus.

The following fees should be paid in order to register a name of the place of origin of the goods:
- the fee in the amount of 50 Basic Values (about 390 USD) should be paid for filing an application for registration and entitlement to use a name of the place of origin og the goods, an application for entitlement to use a name of the place of origin of the goods, which has been already registered (hereinafter – the application) and for examination of the claimed designation.
- the fee in the amount of 50 Basic Values (about 390 USD) should be paid forregistration of a name of the place of origin of the goods in the State Register of the Names of the Places of Origin of the Goods of the Republic of Belarus (hereinafrer – the State Register) and issue of a Certificate to the right to use a name of the place of origin of the goods.

As it is evident from the NCIP annual report data, the Belorussian applicants do not use in full measure such tool of the corporate interests protection as the collective Trademark registration.
A collective Mark is a Trademark (Service Mark) (hereinafter referred to as the Trademark) of association of juridical persons, which is meant for marking of produced (Republic of Belarus), manufactured (Russian Federation) and (or) sold goods, having the common qualitative or another general characteristics.

Differences between the collective Mark and Trademark registrations
1. Provision (RB) \ Regulations (RF) should be attached to the collective Mark application.
2. An unlimited number of juridical persons can be the owners of the Mark.
3. The Mark’s owners can use their Mark only on the goods, having the common qualitative or another general characteristics in accordance with the Provision / the Collective Mark Regulations.
4. A number of persons, who can pretend to the Mark at transformation of a collective Mark into the ordinary Trademark is restricted.
5. The cost for collective Mark registration is higher than the cost for the ordinary Trademark registration.

Advantages of the collective Mark registration
1. The collective Mark allows avoiding the additional financial and temporary expenses for obtaining of a license to the right to use the Mark (it is especially topical for the big companies, having a great number of the branch establishments).
2. The collective Mark helps to protect the goods of the producers, the Mark’s owners, (e.g. the Mark SUISSE points out the Swiss origin of the chocolate) from counterfeiting.
3. The collective Mark allows distinguishing the goods of the producers, the Mark’s owners, from the goods of the other producers (see example above).
4. The collective Mark allows protecting a well-known Trademark, which has been used for a long time, which is not protectable in the capacity of the ordinary Trademark.
5. The collective Mark is a guarantee of the certain quality and certain characteristics of the goods.
6. The collective Mark allows sales promotion in the market, especially abroad, by joint efforts.

Disadvantages of the collective Mark registration
1. The collective Mark cannot be transferred to another persons, and also the right to its use cannot be transferred to another persons.
2. The collective Mark does not points out directly the producer of the goods, it points out the Mark’s owner as a whole.
6. The use of the collective Mark should comply totally with the Provision / the Collective Mark Regulations.

The collective Mark can be registered in the Russian Federation. At registration of the collective Mark in the Russian Federation the existing differences in the Laws of the Republic of Belarus and the Russian Federation, which are given below in the comparison table, should be taken into consideration.

Comparison table of the collective Mark registration
in the Republic of Belarus and the Russian Federation

Application for collective Mark

Fees for the collective Mark registration

*Here and further at first the fee for collective Mark registration is mentioned, and then the fee for the ordinary Trademark registration.

Fees for the collective Mark registration in the Russian Federation

*Here and further at first the fee for collective Mark registration is mentioned, and then the fee for the ordinary Trademark registration.

Collective Trademark can be registered in accordance with the Madrid Agreement.

The costs for such registration (in Swiss francs) amounts to:

Basic fee

- for Mark in colour performance                                                                653

- for Mark in non-colour performance                                                         903

Additional fee for each class of the goods and services exceeding three     73

Additional fee for indication of each specified Contracting party               73