LAW OF THE REPUBLIC OF BELARUS
February 5, 1993
N 2177-XII

ON PATENTS FOR INVENTIONS

SECTION 1.

INVENTION AND ITS LEGAL PROTECTION

Article 1. Conditions of patentability of the invention

1. A patent shall be given a legal protection, if it is new, has a level of invention and is industrially applicable. An invention shall be recognized as new, if it is not part of the known state-of-the-art, which is to be determined by all kinds of data commonly available in the Republic of Belarus or in foreign countries before the invention priority date. An invention shall have a level of invention, if it is not evident for a specialist from the state-of-the-art. An invention shall be industrially applicable, if it may be manufactured or used in the industry, agriculture, health system, and other branches of economic activities. 2. Objects of inventions may be: a device; -- a method; -- a substance; -- a strain of a microorganism, cell cultures of plants and animals; -- an application of a previously known device, method, substance, or strain for a new purpose. 3. The following shall not be recognized as inventions: -- scientific theories; -- methods of economic organization and management; -- symbols time-tables, rules; -- methods for the fulfillment of mental operations; -- algorithms and programmes for computing machines; -- designs and layouts for the planning of constructions, installations, buildings, territories; -- proposals relating only to the external look of products (articles, items) aimed at meeting aesthetic needs; -- decisions (solutions) contradicting public interests, humane and moral principles. 4. Public disclosure of information related to the invention, made by the applicant (author) or any person who obtained the information from the author directly or indirectly, shall not be recognized as a circumstance affecting patentability of the invention, if data on the essence of the invention have become commonly known in the Republic of Belarus or abroad, but the disclosure has been made within twelve months before an application (clam) was submitted to the State Patent Department of the Republic of Belarus under the Council of Ministers of the Republic of Belarus* or-in case of a priority made -- before the application (claim) priority date. In so doing, it is the applicant who must prove the given circumstance. 5. Inventions containing data, the disclosure of which may cause damage to the security of the Republic of Belarus, must be made secret according to the procedure established by the Council of Ministers of the Republic of Belarus.

Article 2. Authorship of the invention

1. A citizen who has created the invention by his creative work shall be recognized its author. If an invention has been created as a result of common creative work of several citizens, then all of them shall be recognized co-authors of the invention. The procedure for enjoyment of rights to the invention shall be determined as agreed among the co-authors. 2. Citizens who have not made their personal creative contribution into the creation of the invention, but who have only rendered technical, organizational or material aid to the author, or who have assisted in legal processing of the right to the invention and the use of the invention, shall not be recognized co-authors of the invention. 3. The author of an invention shall possess the right of authorship which shall be protected without time limits.

Article 3. Legal protection of the invention 1. The right to an invention shall be protected by the State and certified with a patent. 2. A patent for an invention shall certify authorship of an invention, its priority and exclusive right of the patent holder (assignee) to the use of the invention. 3. A patent for an invention shall be valid during twenty years beginning from the date an application (claim) was submitted to the Patent Department. 4. The scope of the legal protection offered by a patent shall be specified by its claims. Description and drawings shall be used only for interpretation of the claims. 5. A patent, issued for a method of production of a product, shall cover also a product directly obtained as a result of the use of this method. In this case a new product shall be deemed as obtained by means of the patented method, unless otherwise is proved.

Article 4. Patent holder (assignee) 1. A patent for an invention shall be issued to: the author (authors) of the invention; the citizen (citizens) or legal person (persons) mentioned by the author in the patent claim or in an application submitted to the Patent Department before the invention is recorded into the State Register of Inventions of the Republic of Belarus*, if a contract is available; an heir of the author of the invention; 2. A patent for an invention created by an employee (a hired worker) shall be issued to the employer who gave an assignment to create the invention due to the work, if a relevant contract has been concluded between them. A patent shall be considered an invention due to the work, if the subject of the invention relates to the employer's activity scope and on condition that the activities which have led to the creation of the invention is part of work duties of the author. In this case the employee (worker) shall be obliged to inform the employer in writing about the creation of an invention due to the work. The employer shall be obliged, in his turn, to inform in writing, within three months from the day he received the above mentioned information, the worker, whether the employer claims the patent. 3. In case of no relevant contract among worker and the employer, or if the employer has waived his claims, the patent shall be issued to the worker who is the author of the invention. In this case the employer shall have the right to use this invention on terms and conditions specified by a licensing contract.

Article 5. Exclusive right to the use of the invention 1. The exclusive right to the use of the invention shall belong to the patent holder (assignee). No one shall be entitled to use an invention, with the patent issued, without consent of the patent holder (assignee). 2. The exclusive right to the use of the invention shall give the patent holder the possibility to use the invention at his own will, if this does not violate the right of other patent holders (assignees), as well as to forbid the use of the invention in cases contradicting the present Law. 3. The patent holder (assignee) must use the rights granted by the patent without causing detriment to the right of other citizens, interests of the society and the State. 4. Violation of the rights of the patent holder (assignee) shall be unauthorized manufacture, application, importation, sales offer, sale or another way of putting into economic circulation of a product containing the patented invention, as well as application of a method protected by the patent.

Article 6. Actions which are not recognized as violation of the exclusive right to the use of the invention The following actions shall not be recognized as violation of the exclusive right to the use of the invention: application of means containing inventions protected by patent on board the sea river vessels of other countries, in vessel body, in machines, tooling, mechanisms and other equipment, when these vessels stay temporarily or occasionally in waters of the Republic of Belarus provided the above means are used exclusively for the needs of the vessel; application of means containing inventions protected by patents in the construction or when operating aircraft, space craft or land movement facilities of auxiliary equipment for such means of other countries, when the above movement means (facilities) stay temporarily or occasionally in the territory of the Republic of Belarus. The above actions shall not be recognized as violation of the exclusive right to the use of the invention, if sea or river vessels, aircraft, space craft or land movement means (facilities) belong to citizens or legal persons of countries granting the same rights to citizens and legal persons of the Republic of Belarus; performance of a scientific examination or experiment with a means containing an invention protected by the patent; single-time fabrication of medicines in pharmacies according to doctor's prescription; application of means containing invention protected by the patent for private purposes without commercial objectives; application of means containing inventions protected by the patent, if these means are put into economic circulation by a legal way.

Article 7. Right of prior use Any citizen or legal person, who -- before the priority date of the invention protected by a patent and irrespective of its authorship -- has created and used in the territory of the Republic of Belarus an identical solution (identical to the invention) or has made necessary preparations for its use, shall preserve the right to its future gratuitous use without expanding its scope. The right of prior use may be assigned (transferred) to a citizen or legal person only in conjunction with production facilities wherein it was used or necessary for it were made.

Article 8. Claim, for the issue of the patent for the invention 1. A claim for the issue of a patent for an invention* shall be submitted to the Patent Department: by the author of an invention; by the employer provided the conditions stipulated by paragraph 2 of Article 4 of the present law are existing; by a citizen or legal person, to whom the author or the employer will assign on a contractual basis their right to the submission of the claim or to whom it has been transferred in accordance with the legislation on inheritance. A claim may be submitted though a patent agent registered by the Patent Department. 2. If in case the conditions stipulated by paragraph 2 of Article 4 of the present Law are present and the employer, within three months since the date he was informed by the author about the created invention, has not submitted a claim, the author shall be entitled to submit a claim, the author shall be entitled to submit a claim and obtain a patent in his name. In this case the employer shall use the invention as specified in paragraph 3 of Article 4 of the present Law. 3. Citizens and stateless persons having permanent place of location in foreign countries or their patent agents shall make their affairs in the Republic of Belarus for obtaining patents for inventions and maintaining them in force through Belarusian patent agents registered by the Patent Department. 4. A claim shall refer to one invention or a group of inventions so closely connected with each other that they form a single invention concept (requirement of the invention singularity). 5. A claim must include: an application for the issue of a patent specifying the author (co-authors) of the invention and a person (persons) in whose name (names) a patent is claimed, as well as their place of living and place of location; a description of the invention disclosing it sufficiently to put the invention into effect; claims expressing its essence and fully based on the description; drawing and other materials, if they are required for understanding the essence of the invention; an abstract; a warranty. A claim must contain a document confirming payment of the due in the established amount or exemption from its payment, or grounds available for the reduction of its amount. Requirements to documents of a patent claim shall be established by the Patent Department.

Article 9. Assignment of the right to the patent and the right to the use of the invention The right to the patent and the right to the use of the invention arising from the patent may be assigned by a contract to a citizen or legal person. The contract shall be registered in the Patent Department. The contact without registration shall be considered invalid.

Article 10. Invention priority 1. The invention priority shall be established according to the date when the Patent Department receives a claim including an application for the issue of a patent, description and claims of the invention, drawings and other materials, if they are required to understand the essence of the invention and the invention description contains reference to them. 2. The invention priority may be established according to the date of the first claim to the invention submitted in a foreign country being a party to Paris Convention on the Protection of the Industrial Property, if a claim for the invention was received by the Patent Department within twelve months since the above date. If a claim could not be submitted requesting the convention priority because of circumstances which are beyond powers of the applicant, then the above claim-submission period may be extended, however, by not more than two months. An applicant, wishing to use the convention priority right, shall be obliged to specify this when submitting an invention claim or within two months since the date the claim was received by the Patent Department, enclosing the required documents confirming the legality of such a claim, or the applicant shall be obliged to submit these documents not later than three months since the date the claim was received by the Patent Department. 3. The invention priority may be established according to the date the Patent Department received an earlier claim of the same applicant, disclosing the invention, if the claim requesting such a priority has been submitted not later than twelve months after the date the earlier claim was submitted. In so doing, the earlier claim shall be considered withdrawn. The invention priority may be established on the basis of several previously submitted claims, observing the above conditions for each of them. The invention priority may not be established according to the date of submission of a claim which has already requested an earlier priority.

Article 11. Expertise of the claim for the issue of the patent for an invention 1. An expertise of a claim shall be performed by the Patent Department and shall include a preliminary expertise and a patent expertise carried out in accordance with the present Law and the rules established on its basis by the Patent Department. An applicant shall be entitled to take part, on his own initiative, or on invitation of a state patent expert, personally or through his representative, in considerations of issues arising during the preliminary or patent expertise. 2. During the performance of a claim expertise an applicant shall be entitled, on his own initiative or on request, to append, particularize or correct claim's materials without changing the essence of the invention. Additional materials shall change the essence of the claimed invention, if they include signs absent in the original claim materials, but which are to be included into the invention claims. Additional materials in the part changing the essence of the claimed invention shall not be taken into account when considering the claim may be arranged by the applicant as a separate claim. When this claim is submitted before the expiration of a three-month period from the date the applicant received a notice about impossibility to take into account additional materials, the invention priority shall be established according to the date when additional materials are received. Additional materials by request of the Patent Department must be submitted within a two-month period may be extended on request of the applicant if the request has been received before the expiration of this period. In the above cases the expertise performance time shall be accordingly prolonged. If the applicant has violated the above time period or has left the request of the expertise body without an answer, then the invention claim shall be deemed withdrawn. 3. In case of violation of the invention singularity requirements (paragraph 4 of Article 8 of the present Law), or when original claim materials include other inventions, the applicant shall be entitled to submit a separated claim (claims). A claim, separated on initiative of the applicant as an independent claim, must be submitted before a patent for the original claim is issued. If a separated claim (claims) is submitted within the established time period and it does not change the essence of the claimed invention as compared with the content of the original claim, then the separated claim shall have the priority of the original claim. If the above conditions are not met, then the priority of the separated claim shall be established by the date of its receiving. 4. A claim may be withdrawn on request of the applicant received by the Patent Department before the expiration of the time for publication of date on the claim, whereas if a decision has been taken to issue a patent before the expiration of the publication time -- before the invention is recorded into the Register of Inventions. 5. Claims received by the Patent Department for consideration shall not be returned to the applicant.

Article 12. Preliminary expertise of the claim for the issue of the patent for an invention 1. A preliminary expertise of a claim shall be performed within one month since the date it was received by the Patent Department. 2. In the course of the preliminary expertise, availability of documents to be included into a claim shall be checked, and a question shall be considered as to whether the claimed invention related to the objects protected by the present Law. If necessary, it may be proposed to the applicant to particularize the claim within two months after he receives the request. In this case, the expertise time period shall be accordingly prolonged. If it has been found out that the claimed invention does not relate to objects protected by the present Law or the required particularities have not been registered within the established time period, or documents which were absent at the time the claim was received have not been submitted, then the claim shall not be accepted for consideration, and the applicant shall be duly notified of it. 3. If a claim has been accepted for consideration, the applicant shall be informed of the established invention priority, if the applicant does not request a convention priority or a priority for the date the Patent Department receives an earlier claim or additional materials to it. 4. In case of disagreement with the decision of the preliminary expertise the applicant, within two months since the date this decision was received, shall be entitled to lodge a protest with the Patent Department. A decision on the protest shall be taken within one month since the day of its reception.

Article 13. Publication of the claim for the issue of the patent for an invention 1. On expiration of eighteen months since the date of reception of a claim, that has passed a preliminary expertise, the Patent Department shall publish data on the claim. The composition of data to be published shall be determined by the Patent Department. Claims of the invention shall be compulsory for the publication. After data on a claim have been published, any person shall have the right to learn its materials. On request of the applicant, the Patent Department may publish data on the claim before the specified time period. Such a publication must be effected before the expiration of six months since the data a request of publication was received. Data on a claim shall not be published, if -- before the publication time period for a given claim has expired -- a decision has been taken to issue a patent or the claim has been withdrawn, or a decision has been taken to deny a patent for the claim, if its appellation possibilities have been exhausted. 2. The author of an invention shall have the right to refuse to be mentioned as the author in the data published on the claim, if he is not a patent holder. 3. An invention being claimed shall be given a temporary legal protection within the scope of the published claims from the date of the publication of the claim (application) till the date of registration of the invention in the Register of Inventions.

Article 14. Patent expertise of the claim for the issue of the patent for an invention 1. In the course of the patent expertise, invention patentability shall be checked and the invention priority shall be established, if it has not been established when the preliminary expertise was performed. When establishing innovation of an invention being claimed, all previously submitted unwithdrawn claims (except claims of the same author) and inventions recognized as patentable in the Republic of Belarus shall be taken into account from the date of priority irrespective of the date when the data on the claim were published. 2. As regards claims submitted with violation of the invention singularity requirements (paragraph 4 of Article 8 of the present Law), the applicant shall be proposed to report, within a two-month period, which of the proposals shall be considered and to particularize relevant description, claims and drawings. In case if the applicant does not report, within a two-month period after he receives a notice of the violation of singularity requirements, which of the proposals should be considered, and does not provide particularized documents, then the object mentioned first in the claims shall be considered. 3. Within three years since the date an application was submitted to the Patent Department, the applicant or any person concerned may make a request on the performance of a patent expertise. 4. The patent expertise must be performed within twelve months since the date the Patent Department receives a request on the performance of an expertise. In cases stipulated by paragraph 2 of Article 11 of the present Law expertise performance time period shall be extended. 5. Invention claims may be altered on initiative of the applicant without expansion of the scope of legal protection within the range disclosing the essence of the invention in original claim materials before the applicant receives the first request of the patent expertise or its first decision, if the request has not been sent. In this case the patent expertise time period shall be accordingly extended. 6. A decision on the issue of a patent or on a denial to issue it shall be taken according to the results of the patent expertise. The applicant shall have the right to learn materials used when the expertise is made. Copies of materials presented against the claim (counterclaimed) may be demanded by the applicant within two months from the date he receives a decision on the claim. 7. If the applicant does not agree with the decision of the patent expertise, he shall have the right to address to the Patent Department with a request of a new expertise, within three months since the day the applicant receives the decision or copies of materials presented against the claim. Dues shall not be collected for the submission of a new request and the performance of a new expertise. The new expertise shall be performed within a three-month period since the day the request of the applicant was received. 8. If the expertise finds out that identical inventions have the same priority date, then on consent of the applicant they shall be issued a single patent. If such a consent is not reached, a patent for an invention shall not be issued until the dispute is solved in the Patent Court of the Republic of Belarus*.

Article 15. Appeal against a decision on a claim for the issue of the patent for an invention and restoration of exceeded terms 1. If the applicant does not agree with a decision of the patent expertise, the applicant shall have the right, within a three-month period from the day of reception of the decision or of requested copies presented against the claim (counter-claimed materials), to submit a motivated claim to the Appeal Board of the patent expertise of the Patent Department**. The appeal shall be considered within a four-month period from the it is received. As regards complicated claims, the above time period may be prolonged on agreement with the applicant. The applicant shall have the right, personally or through his representative, to participate in the consideration of his appeal. 2. A decision of the Appeal Board may be appealed against by the applicant in the Patent Court within one year since the day it was taken. 3. Terms stipulated by paragraph 2 of Article 11, paragraph 2, 4 of Article 12, paragraph 5, 6 of Article 14, and paragraph 1 of Article 15 of the present Law, exceeded by the applicant, may be restored by the Patent Department if there are goods excuses and the due is paid. A request for the restoration of the terms may be submitted by the applicant not later than twelve months after the expiration of the exceeded terms.

Article 16. Publication of patent data The Patent Department shall publish patent data within six months since the date the invention was registered in the Register of Inventions. These data shall specify the author of the invention, if the author has not refused to be mentioned as such, the patent holder (assignee), the name and claims of the invention, other necessary data specified by the Patent Department. The patent holder (assignee) shall have the right to request the Patent Department to correct in the patent unintentional mistakes without expansion of the legal protection scope.

Article 17. Issue of the patent A patent shall be issued by the Patent Department after it has recorded the invention in the Register of Inventions. If there are several persons in whose names a patent was requested (claimed), they shall be issued a single (the same) patent. An author of an invention which is not the patent holder (assignee) shall be given, by the Patent Department, a certificate confirming the authorship. Article 18. Recognition of the patent invalidity 1. The patent for an invention during the entire term of its validity may be recognized invalid fully or partially in cases of: unlawful issue of the patent due to violated patentability requirements or if the invention claims contain signs which were absent in the original materials of the claim; incorrect mentioning in the patent of the author (coauthors) or the invention or of the patent holder (assignee). 2. Any citizen or legal person, within six months since the date data on the patent were published, may lodge a protest against the issue of a patent to the Appeal Board in view of violated patentability requirements or of the fact that the invention claims contain signs which were absent in the original materials of the claim. A protest against the issue of a patent must be considered within six months from the date it was received. The person which lodged the protest as well as the patent holder (assignee) may take part in its consideration. 3. On expiration of six months from the date data on the patent were published or in case or disagreement with a decision taken by the Appeal Board claims against the issued patent or a decision on its cancellation shall be settled by the Patent Court.

Article 19. Dues 1. Dues shall be collected for the submission of an invention claim (application), its expertise, issue of a patent, maintenance of its force, as well as for other legal actions connected with the patent, A list of actions dues shall be imposed on, amounts and time or their payment, as well as grounds for exemption from payment, reduction of amounts and return of dues shall be established by the Council of Ministers of the Republic of Belarus. 2. Dues shall be paid the applicant, patent holder (assignee), as well as by other concerned citizens or legal persons. 3. Dues to be paid for maintaining the paten in force, the patent holder (assignee) shall be given a preferential six month period provided the patent holder (assignee) has paid an additional due. Rights of the patent holder (assignee) shall retain their force during the preferential period. If a due for the maintenance of the patent force or an additional due has not been paid during the preferential period, then the exclusive right to the invention shall be lost and the patent shall be cancelled from the day the due is not paid in the fixed time.

Article 20. Termination of the patent validity before time Patent validity shall be terminated before time: on the basis of an application of the patent holder (assignee) submitted to the Patent Department; when the annual due for the maintenance of the patent force is not paid in the fixed time; when a patent is recognized invalid.

Article 21. Patenting of the invention in foreign countries 1. Citizens of the Republic of Belarus and legal persons shall be entitled to patent the invention in foreign countries. 2. Before submitting a claim for an invention in foreign countries, the applicant shall be obliged to submit a claim for the same invention in the Republic of Belarus and inform the Patent Department of its intention to patent the invention in foreign countries. If no ban is made within three months from the date the above information is provided, the claim for a patent may be submitted to foreign countries. In relevant cases the Patent Department may permit to patent an invention in foreign countries before a claim for it is presented in the Republic of Belarus. 3. Expenses connected with patenting of an invention in foreign countries shall be borne by the applicant or, on agreement with the applicant, by another citizen or legal person.

SECTION II.

USE OF THE INVENTION

Article 22. Use of the invention 1. The use of an invention shall mean putting into economic circulation of a product manufactured with the use of a patented invention, as well as application of a method protected by the patent. A product shall be recognized as manufactured with the use of a patented invention, and a method protected by a patent shall be recognized as applied, if it uses every sign of the invention included in an individual paragraph of the claims or a sign equivalent to it. 2. Relations connected with the use of a patent issued to several persons shall be determined by an agreement among them. If such an agreement is absent, each of them shall have the right to use the invention on one's own will, except the issue of a license or assignment of the patent. 3. Any citizen or legal person, wishing to use the invention, shall be obliged to conclude a licensing contract with the patent holder (assignee).

Article 23. Licensing contract 1. According to a licensing contract, a patent holder (licensor) shall assign the right to the use of the invention to another person (licensee), whereas the latter shall undertake to pay to the licensor payment stipulated by the contract and execute other actions stipulated on the exclusive or non-exclusive license. In case of an exclusive license, a licensee shall be given the exclusive right to the use of the invention within the limits specified by the contract, with the licensor retaining the right to the use of the invention in the part, that is not transferred to the licensee; in case of a non-exclusive license a licensor, transferring to the licensee the right to the use of the invention, shall retain all the rights arising from the patent for an invention, including the right to grant a license to third persons. 2. If a patent holder cannot use the invention in connection with the fact that it includes another invention patented by another citizen or legal person, then the patent holder shall have the right to demand that they should give a permission to use this invention on terms and conditions stipulated by the contract.

Article 24. Open license A patent holder (assignee) may submit to the Patent Department, for official publication, an application on giving any person the right to use the invention (open licence). In this case a due to be paid to maintain the patent in force shall be reduced by 50 per cent beginning from the year which follows the year of publication of such an application. A person, wishing to use the above invention, shall be obliged to conclude a contract on payment with the patent holder (assignee).

Article 25. Compulsory license 1. In the interest of the defense of the Republic of Belarus or in the interest of the public order, as well as in case of natural calamities, catastrophes, epidemics and other emergency situations the Council of Ministers of the Republic of Belarus shall be entitled to permit the use of the invention without consent of the patent holder (assignee) with the payment to him a money compensation which shall be comparable with the market price of the licence. Disputes related to the compensation amounts shall be settled by the Patent Court. 2. In case of non-use or insufficient use of an invention in the territory of the Republic of Belarus, on expiration in the territory of the Republic of Belarus, on expiration of a five-year period from the date the invention was recorded in the Register of Inventions, a person, wishing and ready to use the invention, if it is not possible to conclude a licensing contract with the patent holder (assignee), may submit a claim to the Patent Court to be granted a compulsory non-exclusive license specifying the limits of the invention use, amounts, terms and procedures of payment. The above license shall be granted, if the patent holder (assignee) does not prove that non-use or insufficient use of the invention is caused by good excuses.

Article 26. Property accountability for the violation of the patent 1. Any citizen or legal person, using a patented invention in contradiction to the present Law, shall be considered an infringer of patents. 2. On demand of the patent holder (assignee) infringement of the patent must be terminated with the compensation of his losses caused as a result of illegal use of the invention.

Article 27. Use of the claimed invention during the period of its temporary legal protection 1. A citizen or legal person using the invention being claimed during the period of its temporary legal protection shall pay to the patent holder (assignee) a money compensation after receiving the patent for the invention. The amount of compensation shall be determined by an agreement of the parties. 2. The temporary legal protection shall be considered as having no effect, if a decision has been taken to refuse the issue of the patent.

SECTION III.

ORGANIZATIONAL PRINCIPLES OF THE LEGAL PROTECTION OF INVENTIONS AND PROTECTION OF RIGHTS OF INVENTORS AND PATENT HOLDERS (ASSIGNEES)

Article 28. State Patent Department of the Republic of Belarus under the Council of Ministers of the Republic of Belarus The State Patent Department of the Republic of Belarus under the Council of Ministers of the Republic of Belarus shall accept for consideration claims (applications) for inventions, carry out their expertise, issue patents having force in the entire territory of the Republic of Belarus, exercise within its competence control over the observance of the patent legislation, generalize practice of its application, explain provisions of the present Law, render methodical and service on the above matters to relevant enterprises an citizen, as well as to public organizations of inventors, train patenting specialists, carry on patent information work, perform state attestation and registration of patent agents.

Article 29. Bodies settling disputes connected with violation of the legislation invention patents Disputes connected with violation of legislation on patents for inventions shall be settled by regional (town, district) people's courts of justice, the Minsk City court, the oblast courts, the Supreme Court of the Republic of Belarus, the Patent Court, as well as by economic courts.

Article 30. Organization and power of courts considering disputes connected with violation of patent legislation 1. Regional (town, district) people's courts of justice, Minsk City court, oblast courts, the Supreme Court of the Republic of Belarus, as well as economic courts shall consider -- according to the procedure established by the legislation -- disputes connected with violation of the patent legislation, except disputes referred to the competence of the Patent Court. Their powers (competence), in particular, shall cover disputer on: authorship (co-authorship) of the invention; recognition of the patent holder (assignee); violation of the exclusive right to the use of the invention and other property rights of the patent holder (assignee) accruing from the patent for an invention; conclusion and execution of a contract (agreement) on the use of the invention, including on the use of an invention by an enterprise, when the patent holder (assignee) is a worker of the enterprise; money compensation for the use of the invention during the period of its temporary protection, and compensation amounts; allocation of remunerations for the use of the invention among coauthors; the right of prior use. 2. Kinds of disputes to be considered by the Patent Court, as well as organization and procedure of its activities shall be determined by the Law of the Republic of Belarus on the Patent Court of the Republic of Belarus.

Article 31. Responsibility for the violation of rights of authors of the invention Illegal acquisition of authorship, forcing to a co-authorship, disclosure of the essence of a future invention before the submission of an invention claim, without consent of the author, shall incur resistibility in accordance with the legislation in force.

Article 32. Responsibility for the violation of the legislation on patent for inventions 1. Officials shall bear responsibility in accordance with the legislation in force, if they are guilty of negligent or unconscientious performance of their duties when processing a claim for an invention, or when using the invention or paying remunerations to the authors. 2. The state patent expert shall bear disciplinary responsibility for disclosure of the essence of the claim (application) before its publication (except the case stipulated by part two of paragraph 1 of Article 14 of the present Law), if its character does not incur criminal resistibility in accordance with the legislation in force. 3. Officials and other clerks of the Patent Department, during their service period and within one year upon its completion, shall have no right to submit claims (applications) for inventions, acquire -- directly or indirectly -- the right to a patent, or arrange somebody's claims for inventions.

Article 33. Other rights of inventors 1. The author of an invention, at any stage of consideration of an invention claim (application), shall have the right to give to the invention his name or a special name. 2. The right to the submission of a claim (application) and to a patent for an invention, the exclusive right to the use of inventions, as well as the right to remunerations and incomes arising from the use of the invention shall be inherited.

SECTION IV.

FINAL PROVISIONS

Article 34. Legislation of the Republic of Belarus on patent for inventions The legislation on patent for inventions includes the present Law, other legislative acts of the Republic of Belarus.

Article 35. Rights of foreign citizens, stateless persons and foreign legal persons Foreign citizens, stateless persons and foreign legal persons shall enjoy the rights stipulated by the present Law and other legislative acts on patents for inventions of the Republic of Belarus, unless otherwise stipulated by the present Law or other legislative acts of the Republic of Belarus.

Article 36. Right of enterprises with foreign investments formed in the Republic of Belarus Provisions of the present Law shall apply to enterprises with foreign investments formed in the Republic of Belarus.

Article 37. International treaties (agreements) If an international treaty (agreement) of the Republic of Belarus establishes the rules other than those contained in the present Law, then rules of the international treaty (agreement) shall apply.

Chairman, Supreme Soviet of the Republic of Belarus
S.SHUSHKEVICH

DECREE OF THE SUPREME SOVIET OF THE REPUBLIC OF BELARUS

ON PROCEDURE OF ENTRY INTO FORCE OF THE LAW OF THE REPUBLIC OF BELARUS "

ON PATENTS FOR INVENTIONS"

The Supreme Soviet of the Republic of Belarus decrees the following:

1. The Law of the Republic of Belarus "On Patents for Inventions" shall enter into force from the day of its adoption.

2. Until the legislation of the Republic of Belarus is made corresponding with the Law of the Republic of Belarus "On Patents for Inventions", the current legislation shall be applied in the part in which it does not contradict the given Law.

3. The Law of the Republic of Belarus "On Patent for Inventions" shall apply to legal relations arising after the present Law has entered into force.

4. The current patent of the USSR for inventions, for which a 20-year period has not expired, shall be registered in the State Register of Inventions of the Republic of Belarus on request of the patent holder (assignee) for the issue of a patent of the Republic of Belarus for the remaining time period. A request shall be submitted to the State Patent Department of the Republic of Belarus under the Council of Ministers of the Republic of Belarus within 12 months from the day the Law enters into force.

5. As regards certificates of authorship of the USSR for inventions, for which a 20-year period has not expired from the date the claim (application) was submitted, applicants shall be given the right to request, together with the author (co-authors), the issue of a patent of the Republic of Belarus for the remaining period. A request shall be submitted to the State Patent Department of the Republic of Belarus under the Council of Ministers of the Republic of Belarus. The patent of the Republic of Belarus shall become effective from the day of its registration in the State Register of Inventions of the Republic of Belarus. In case when the applicant and the author (authors) of an invention have not reached an agreement on a joint submission of a request, the patent of the Republic of Belarus may not be issued.

6. Physical and legal persons, which have legally began to use an invention before the date of submission of a request for the issue of the patent of the Republic of Belarus in conformity with paragraph 5 of the present Decree, shall retain the right to the future use of this invention without concluding a licensing contract. In these cases remunerations to the authors shall be paid according to the procedure established in relation to the payment of remunerations for inventions protected by certificates of authorship.

7. As regards claims (applications) for inventions, in relation to which the Patent Department of the USSR or the Committee of the Russian Federation on Patents and Trademarks has taken an expertise decision on the issue of a protection document, applicants shall be given the right to submit a request on the issue of the patent of the Republic of Belarus. A request shall be submitted to the State Patent Department of the Republic of Belarus under the Council of Ministers of the Republic of Belarus within six months since the date the Law enters into force.

8. As regards claims (applications) submitted to the patent department of any state being a party to Paris Convention on the Protection of the Industrial Property, including claims (applications) submitted to the State Department of the USSR or the Committee of the Russian Federation on Patents and Trademarks, in relation to which the proceeding have not been completed and the patent has not been issued, applicant shall be given the right to submit a request for the issue of the patent of the Republic of Belarus retaining the priority for the date of the submission of the first claim (application). A request shall be submitted to the State Patent Department of the Republic of Belarus under the Council of Ministers of the Republic of Belarus within 6 months since the date the Law enters into force on condition that this priority is requested for not later than 27 months after the date of the submission of the first claim (application). Claim (applications) in relation to which requests are submitted within a predetermined time period, shall be considered according to the procedure established by the Law of the Republic of Belarus "On Patents for Inventions".

9. Validity of certificates of authorship of the USSR for inventions, which have not be exchanged for patents, according to the legal treatment established by the USSR legislation before July 1, 1991, shall be recognized in the territory of the Republic of Belarus.

10. The Council of Ministers of the Republic of Belarus shall be given the right to establish on the basis of bilateral agreements with the states, being former subjects of the USSR, another procedure for obtaining patents and maintaining them in force, differing from the procedure established by paragraph 3 of Article 8 of the Law of the Republic of Belarus "On Patents for Inventions".

11. The Council of Ministers of the Republic of Belarus together with commissions of the Supreme Soviet of the Republic of Belarus on legislation, science and scientific-technical progress shall prepare and submit to the Supreme Soviet of the Republic of Belarus: a bill of the Law of the Republic of Belarus "On Patent Court of the Republic of Belarus; proposals on administrative and criminal responsibility for violation of the Law of the Republic of Belarus "On Patents for Inventions".

12. The Council of Ministers of the Republic of Belarus together with commissions of the Supreme Soviet of the Republic of Belarus on science and scientific-technical progress, the Planning and Budgetary-Financial Commission shall submit to the Supreme Soviet of the Republic of Belarus proposals on the establishment of privileges for the tax on profits of enterprises, amalgamations and institutions, and other measures of economic stimulation of creation and utilization of inventions.

13. The Council of Ministers of the Republic of Belarus: shall submit to the Supreme Soviet of the Republic of Belarus proposals on making legislative acts of the Republic of Belarus corresponding with the Law of the Republic of Belarus "On Patents for Inventions"; shall insure the adoption of normative acts referred to its competence as stipulated by the Law of the Republic of Belarus "On Patents for Inventions"; shall make decisions of the Government of the Republic of Belarus corresponding with the Law of the Republic of Belarus "On Patents for Inventions"; shall insure cancellation by ministries and departments of the Republic of Belarus of their normative acts which contradict the given Law.

Chairman, Supreme Soviet of the Republic of Belarus
S.SHUSHKEVICH
February, 5, 1993 Minsk 2178-XII
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