THE LAW OF THE REPUBLIC OF BELARUS
February 5, 1993,
N 2179-XII

ON PATENTS FOR INDUSTRIAL MODELS*

Part I Industrial Model and Legal Protection of It

Article 1. Terms of patentability of an industrial model 1.

An industrial model is an artistic or artistic and design decision determining the external appearance of a product. The industrial models may be volumetric (models), plane (figures) or combined. 2. An industrial model is provided with legal protection in case it is new, original and industrially applicable. An industrial model is considered new in case the aggregation of its substantial features was unknown in the Republic of Belarus or abroad before the date of its priority. In case the novelty of the applied industrial model is established, all previously applied non-revoked applications, except the applications by the same authors, considered patentable in the Republic of Belarus are considered since their priority date. An industrial model is considered original if its substantial features or (and) the combination thereof are distinguished in their originality. Substantial features determine the differences of the product's appearance in aesthetic and ergonomic peculiarities, including its form, configuration, ornament or combination of colours. An industrial model is considered industrially applicable in case it may be reproduced by an industrial means in the form of a respective product introductory into the economic turnover. 3. The legal protection according to the present Law is not provided to the decisions: - caused by an exclusively technical function; - contradicting to public interests, humane and moral principles; - of architectural objects (including industrial, hydrotechnical and other stationary constructions), except minor architectural forms; - of printing products as they are; - of objects of unstable form, made of liquid, gaseous, friable substances and their like. 4. The disclosure of information concerning the industrial model by the applicant (author) or any other persons, who received this information from him in a direct or an indirect way, as a result of which the data on the essence of the industrial model became public, is not considered a circumstance affecting the patentability of the industrial model, if the disclosure was made not earlier than six months before the arrival of the application in the State Patent Office of the Republic of Belarus of the Council of Ministers of the Republic of Belarus.* In this case the duty to prove this circumstance is imposed on the applicant. Hereinafter -- Patent Office.

Article 2. Authorship for an industrial model 1.

A citizen whose creative labour resulted in the industrial model is considered the author of the industrial model. In case an industrial model has been created by the joint labour of several citizens, they are all considered co-authors of the industrial model. The order of using the rights for the industrial model created in cooperation is determined by the agreement between the authors. 2. Citizens are not considered co-authors in case they made no personal creative contribution into the creation of the industrial model, by provided the author only with technical, organizational or material assistance, or who assisted in execution of rights for the industrial model and for utilization of the industrial model. 3. The author of the industrial model owns the author's right that is a non-alienable personal right. The authorship for an industrial model is protected eternally.

Article 3. Legal protection of an industrial model 1.

The right for an industrial model is protected by the state and certified by a patent. 2. A patent for an industrial model certifies the authorship for the industrial model, the priority of the industrial model and an exclusive right to utilize the industrial model. 3. The volume of legal protection provided by a patent for an industrial model is determined by a combination of its substantial features illustrated in the photographs of the product (prototype, figure). The description of the industrial model serves only to explain the features. 4. The patent for an industrial model is valid during ten years starting from the date of arrival of the application into the Patent Office. By the petition of the patent owner the validity of the patent is prolonged by the Patent Office for the period up to five years in case it is not in contradiction to the provisions of the present Law.

Article 4. Patent owner 1.

A patent for an industrial model is issued to: -the author (authors of the industrial model; -the heir of the author of the industrial model; -a citizen (s) or to a legal entity (ies) given by the author of the industrial model in his patent application or in the petition submitted to the Patent Office before the insertion of the industrial model into the State Roll of Industrial Models of the Republic of Belarus * in case an agreement is present. Hereinafter -- Roll of Industrial Models. 2. A patent for the industrial model is issued to the employer on whose order the industrial model was created in case there was a respective agreement concluded between the worker and the employer. In this case the worker is obliged to inform the employer in writing about the creation of the industrial model. The employer is obliged, in his turn, within three months upon the receipt of the notification to inform the worker in writing about his claims for the industrial model. An industrial model is considered created in the form of a service task if it refers to the field of activities of the employer and if the activities that resulted in creation of the industrial model is within the service duties of the author. In case there was no above agreement between the worker and the employer or the employer refuses his claims, the patent is issued to the author of the industrial model. The employer is entitled to use this industrial model on the conditions set forth by the license agreement.

Article 5. Exclusive right to use an industrial model 1.

The exclusive right for using an industrial model belongs to the patent owner. Nobody is entitled to use an industrial model for which a patent has been issued without the consent of the patent owner. 2. The exclusive right to use an industrial model gives the patent owner a possibility to use the industrial model to his desire in case it does not violates the rights of other patent owners, as well as to ban the usage of the industrial model in cases contradictory to the present Law. The patent owner shall use the rights granted by the patent without causing any damage to the rights of other citizens, to the interests of the society and state. 3. Usage, application, import, proposition for sale, sale or other way of introducing the product into the economic turn over with the utilization of a patented industrial model without the consent of the patent owner is considered a violation of the patent owner's rights.

Article 6. Actions not considered violation of the exclusive right to use an industrial model

The following is not considered violation of the exclusive right for using an industrial model: - application of means, using the patented industrial models on board of sea or river boats of other countries, inside the body of a boat, in machines, tooling, mechanisms and other equipment, when the above boats are temporally or occasionally in the waters of the Republic of Belarus, on condition that the above means are used exclusively for the purposes of the boat; - application of means, using the patented industrial models in the design or during operation of air, space or surface transport means or auxiliary equipment for these means of other countries, when the above transport means are temporally or occasionally on the territory of the Republic of Belarus. The above actions are not considered violations of the exclusive rights for using an industrial model, if the sea or river boats, air, space or surface transport means belong to individual citizens or legal entities of the countries, that provide same rights to the citizens and legal entities of the Republic of Belarus; - execution of a scientific research or experiment on the means where a patented industrial model is used; - application of means where patented industrial models are used during calamities, catastrophes, epidemics and other extraordinary circumstances; - application of means where patented industrial models are used in private order with no commercial purposes; - application of means where patented industrial models are used, if these means have been introduced into the economic turn over in the legal way.

Article 7. Right of previous use

Any citizen or any legal entity, who prior to the priority date of an industrial model, guarded by a patent, and independently from its author has created and used on the territory of the Republic of Belarus an identical design to the industrial model or has made necessary preparations to use it, preserves the right for further free usage of such sample without expanding its usage. The right of previous use may be transferred to a citizen or a legal entity only together with the production where the above utilization or necessary preparations for such utilization have been made.

Article 8. Application for granting a patent 1.

Application for granting a patent for an industrial model* is submitted to the Patent Office: - by the author; - by the employer providing the condition of patentability 2 Article 4 of the present Law is observed; - by a citizen or a legal entity to whom the author or the employer have transferred on the contract basis their right to submit an application or to whom it passed by heredity. An application may be submitted via a patent attorney registered at the Patent Office. 2. Citizens and stateless persons who live outside the Republic of Belarus or legal entities having constant location in foreign countries, as well as their patent attorneys, shall execute the cases in the Republic of Belarus on receiving patents or keeping them in power via the Belarusian patent attorneys registered at the Patent Office. 3. An application must concern one industrial model and may comprise its variants. 4. An application shall contain: - a petition on granting a patent with the name of the author (co-authors) and the person (persons), to the name (names) of whom the patent is asked, as well as data on their living address and location; - a set of photographs of the article (prototype, drawing) giving a complete and detailed presentation of its appearance; - a description of the industrial model, including the combination of its substantial features; - a general drawing of the article, its ergonomic layout and a confection map, if they are needed to disclose the subject of the industrial model; - a warrant (in case the application is submitted by the patent attorney). The application shall comprise a documen to approve the payment of the respective duty, or liberation from paying the duty or the basis to decrease the duty value. The requirements to the application documents are established by the Patent Office.

Article 9. Transition of the right for a patent and of rights proceeding from a patent

The right for a patent and the rights to use an industrial model, proceeding from the patent, may be passed to another citizen or to a legal entity on the basis of a contract. The contract is registered at the Patent Office and is considered invalid without registration. The right to submit an application and a patent for an industrial model, the exclusive right to use the industrial model, as well as the right to receive the bonus and the profit from using the industrial model are inherited.

Article 10. Priority of an industrial model 1.

The priority of an industrial model is fixed by the date of arrival of the application to the Patent Office, comprising a petition, a set of photographs of the article and a description of the industrial model. 2. The priority of an industrial model may be set from the date of submitting the first application in a foreign country-member of the Paris Convent on Protection of Industrial Property, in case an application for an industrial model arrived into the Patent Office during six months since the above date. An applicant wishing to use the right of conventional priority must remark this during submitting the application or during three months since the date of arrival of the application into the Patent Office and apply the necessary documents in support of the legality of such request. 3. The priority of the industrial model, used in an exhibit to an official or an officially acknowledged international exhibition held on the territory of one of the countries-members of the Paris Convent on Protection of Industrial Property, is established by the date of the beginning of the open demonstration of the exhibit at the exhibition if the application is submitted not later than six months after the above date.

Article 11. Expertise of an application for granting a patent for an industrial modes 1.

The expertise of an application for an industrial model is executed by the Patent Office in accordance with the present Law and regulations set forth by the Patent Office on the basis thereof. 2. Within one month since the date of the application arrival the Patent Office informs the applicant about receipt of the application to examination, or about the necessity to add it with lacking materials, or about refusal to receive it for examination. In case of refusal to receive the application for examination the applicant within two months since the date of receipt of the information has the right to send an objection to the Patent Office, the decision on which should be taken within one month since the date of arrival. 3. An application received for examination is checked for compliance to the terms of patentability of the industrial model. In case the applicant failed to fulfill the requirements of point 3 Article 8 of the present Law, the expertise is performed only in relation to the decision which is mentioned in the description first, if the applicant in response to the message of the expertise about the violations of these requirements discovered has not informed about the application of an isolated application (s) or has not apply with a request consider only one of the industrial models from the application. 4. Additional materials that alter the collection of substantial features of the industrial model. They may be submitted by the applicant in the form of an individual application with setting the priority by the date of their arrival into the Patent Office. Additional materials following the request by the Patent Office should be submitted within a two months' period since the receipt of the request. If the applicant has broken the above terms or left the request without answer, the application is considered recalled. By the results of the expertise the Patent Office takes a decision to issue or to refuse to issue a patent. 5. The applications admitted for expertise are not returned to the applicant. 6. If in the process of the expertise it is established that applications for identical industrial models have one and the same priority date, upon the consent of the applicants they are granted one patent. In case the agreement has not been gained the patent for an industrial model is not issued till the examination of the cause at the Patent Court of the Republic of Belarus Hereinafter -- the Patent Court

Article 12. Rights of an applicant 1.

During the expertise the applicant has the rights: - to add, clarify or correct the materials of the application without changing the combination of substantial features of the industrial model; - in case of violating the terms of point 3 Article 8 of the present Law to submit an isolated application in the established order; - to recall the application prior to registration of the industrial model in the State Roll of industrial models; - to demand the copies of patent materials opposed to the application within two months since the receipt of the decision on the application; - in case of non-agreement with the expertise decision to submit a motivated complaint to the Appeal Council for the Patent Expertise of the Patent Office** within three months since the receipt of the decision or demanded copies of the opposed materials. The complaint must be considered within four months since receipt; - to appeal the decision of the Appeal Council at the Patent Court within one year since the adoption date; - personally or via his patent attorney to access the materials used during the expertise, to take part in examination of matters arising during the expertise, as well as during consideration of his complaint at the Appeal Council. 2. Upon the request of the applicant the terms envisaged in points 2,4 Article 11 and in point 1 of the present Article and missed by him may be restored by the Patent Office upon approval of valid causes and payment of duties. The petition to restore the term may be submitted by the applicant within six months since the expiration date of the missed term. Hereinafter -- the Appeal Council.

Article 13. Publication of data about a patent

The Patent Office within six months since the registration of the industrial model in the Roll of industrial models publishes the data on the patent. The published data on the patent comprise the author (upon his consent) of the industrial model, the patent owner, the name of the industrial model, the priority date, the collection of substantial features of the industrial model, determining the volume of the legal protection, the image of the industrial model, as well as other necessary data, determined by the Patent Office. After publication of the patent data any person has the right to get acquainted with the application materials.

Article 14. Granting a patent

The granting (issuing) the patent is executed by the Patent Office after the introduction by it of the industrial model into the Roll of industrial models. In case there are several persons to the names of whom a patent was asked, they are granted one patent. The author who is not the patent owner is granted a certificate by the Patent Office to approve his authorship.

Article 15. Acknowledgment a patent to be invalid 1.

A patent for an industrial model during the whole validity period may be assigned invalid completely or in part in the following cases: - illegal granting a patent due to violation of the patentability terms of the industrial model; - giving a wrong author (co-authors) in the patent for an industrial model or a wrong patent owner. 2. Any citizen of a legal entity within six months since the publication date of the information on the patent is entitled to submit an objection to granting a patent to the Appeal Council on the grounds found in the second and third paragraphs of point 1 of the present Article. The objection to granting a patent must be considered within six months since the date of its arrival. The person who submitted the objection, as well as the patent owner, may take part in the consideration. 3. Upon expiration of six months since the publication date of the information about the patent or in case of a non-agreement with the verdict passed by the Appeal Council, disputing the patent issued or the decision to annul it is made at the Patent Court.

Article 16. Prior termination of a patent

The validity of a patent may be terminated before time in the following cases: - on the basis of the patent owner's application, submitted to the Patent Office; - in case of failure to pay timely the annual duty for supporting the patent in power; - in case of acknowledging the patent invalid.

Article 17. Duties 1.

For submitting an application, performing expertise, granting a patent, supporting it in power, as well as for performance of other juridical meaningful actions, concerning the patent, the duties are charged. The list of actions for which the duties are charged, their values and terms of payment, as well as the grounds to liberate from the payment of duties, decrease of their values or return of the duties are established by the Council of Ministers of the Republic of Belarus. 2. The duties are paid by the applicant, the patent owner as well as by any other citizen or legal entity in interest. 3. For payment of the duties to support the patent for an industrial model in power the patent owner is granted a privileged six months' period in case he pays an additional duty. During this privileged period the rights of the patent owner preserve their force. In case the duty to support the patent in power and the additional duty have not been paid during the privileged period, the exclusive right for the industrial model is lost and the patent is annulled since the date of non-payment of the duties within the established period.

Article 18. Patenting in foreign countries 1.

Citizens and legal entities have the right to patent the industrial models created in the Republic of Belarus in foreign countries. 2. Prior to submitting an application for granting a patent to foreign countries for an industrial model, referring to an object, disclosure of information about which may cause damage to the security of the Republic of Belarus, the applicant must inform the Patent Office in the established order about his wish to patent the industrial model in the foreign countries. In case there is no ban within three months since the arrival of the above information, the application may be submitted to foreign countries. 3. The expenses concerning the patenting of an industrial model in foreign countries are carried out by the applicant or any other citizen or legal entity upon the agreement with the former.

Part II

Utilization of an Industrial Model

Article 19. Utilization of an industrial model 1.

The utilization of an industrial model is the introduction into the economic turnover of an article manufactured with the utilization of a patented industrial model. An article is considered manufactured with utilization of a patented industrial model, if it comprises all the substantial features of the patented model and does not differ visually from the image protected by the patent. 2. Interrelations on using an industrial model the patent for which belongs to several persons, are determined by an agreement between them. In case there is no such agreement, each of them has the right to use the industrial model to their wish, except the right of providing a license and concession of the patent. 3. Relations of the employer and the employee concerning utilization of industrial models are regulated on the basis of contracts concluded by them.

Article 20. License agreement

According a license agreement the patent owner (the licenser) transfers the right to use the industrial model to another person (the licensee), while the latter accepts the responsibilities to make payments to the licenser and execute other actions envisaged by the agreement.

Article 21. Property liability for breaking the patent when using an industrial model 1.

Any person or legal entity who uses a patented industrial model in contradiction with the present Law is considered a patent infringer. 2. By the demand of the patent owner the violation of the patent should be stopped and the losses caused to him by illegal usage of the industrial model should be compensated.

Part III

Organizational Basics of the Legal Protection of Industrial Models and Protection of Rights of Authors and Patent Owners

Article 22. State Patent Office of the Republic of Belarus of the Council of Ministers of the Republic of Belarus

The State Patent Office of the Republic of Belarus of the Council of Ministers of the Republic of Belarus is responsible for receiving for examination of the applications for industrial models, performs expertise on them, issues patents in power on the territory of the Republic of Belarus and executes other functions in accordance with the Regulations on the Patent Office approved by the Council of Ministers of the Republic of Belarus

Article 23. Bodies to examine the dispute concerning violations of legislation on patents on industrial models

Disputes connected with violation of the legislation on industrial models are examined by the district (town) people's courts, Minsk city and regional courts, by the Supreme Court of the Republic of Belarus, the Patent Court and by the economic courts.

Article 24. Court proceedings of the dispute concerning violations of legislation on patents on industrial models 1.

District (town) people's courts, Minsk city, regional courts, the Supreme Court of the Republic of Belarus, as well as economic courts examine in the order stipulated by the legislation all the disputes concerning the legislation on patents for industrial models, excluding the disputes which are within the competence of the Patent Court. The following disputes, in particular, are within the competence of the above courts: - on authorship (co-authorship) for an industrial model; - on determining the patent owner; - on violating the exclusive right to use an industrial model and other property rights of the patent owner proceeding from the patent for an industrial model; - on conclusion and performance of the contract on using the industrial model, including the usage of an industrial model by an enterprise, in case an employee thereof is the patent owner; - on distributing the bonus for using an industrial model between the co-authors; - on the right for previous use. 2. The types of disputes examined by the Patent Court are envisaged by the Law of the Republic of Belarus "On Patent Court of the Republic of Belarus".

Article 25. Responsibility for violating author's rights for industrial models

Appropriation of the author's rights, compulsion to become a co-author, disclosure of the data on an industrial model prior to submission of an application without the author's consent bear the responsibility in accordance with the legislation in power.

Article 26. Responsibility for violating the legislation on industrial models 1.

The officials bear responsibility in accordance with the legislation in power if they are guilty in careless or unfair attitude to their duties in servicing the application for an industrial model, as well as during using it. 2. The state patent expert bears a disciplinary responsibility for disclosing the subject of an application for an industrial model (except the case stipulated by the second paragraph of point 3 of Article 11 of the present Law), if the above disclosure by its nature does not lead to criminal responsibility in accordance with the legislation in power. 3. The officials and other employees of the Patent Office during their service there and one year after its termination have no right to submit applications for industrial models, to acquire directly or indirectly the right for a patent, as well as to perform applications for industrial models for somebody. Part IV Concluding Provisions

Article 27. Legislation of the Republic of Belarus on industrial models

The legislation on industrial models comprises the present Law and other legislation acts of the Republic of Belarus.

Article 28. Rights of foreign citizens, stateless persons and foreign legal entities

Foreign citizens, stateless persons and foreign legal entities use the rights envisaged by the present Law and other legislation acts of the Republic of Belarus on patents for industrial models equally with the citizens and legal entities of the Republic of Belarus unless otherwise proceeds from the present Law or other legislation acts of the Republic of Belarus.

Article 29. Rights of enterprises with foreign investments established in the Republic of Belarus

The provisions of the present Law are applicable in relation to enterprises, organizations and amalgamations with foreign investments established in the Republic of Belarus.

Article 30. International treaties In case an international treaty of the Republic of Belarus stipulates other rules than those contained in the present Law, the rules of the international treaty are applied.

Chairman of the Supreme Soviet of the Republic of Belarus
S. Shushkevich

THE ENACTMENT OF THE SUPREME SOVIET OF THE REPUBLIC OF BELARUS

On the order of enacting the Law of the Republic of Belarus "On Patents for Industrial Models" The Supreme Soviet of the Republic of Belarus decides:

1. To enact the Law of the Republic of Belarus "On Patents for Industrial Models" since the date of passing.

2. Till the legislation of the Republic of Belarus is brought into correspondence with the Law of the Republic of Belarus "On Patents for Industrial Models", the legislation in power shall be applied in case it is not in contradiction with the present Law.

3. The Law of the Republic of Belarus "On Patents for Industrial Models" shall be applied to legal relations that evolve after the enactment of the present Law.

4. The patents of the USSR for industrial models, for which the 15-year period since the date of submitting the application has not expired, are registered in the State roll of industrial models of the Republic of Belarus upon the petition by the patent owner to issue the patent of the Republic of Belarus for the remaining period. The petition is submitted to the State Patent Office of the Republic of Belarus of the Council of Ministers of the Republic of Belarus within the period of 12 months since the enactment of the Law.

5. For the certificates of the USSR for industrial models, for which the 15-year period since the date of submitting the application has not expired, to grant the right to the applicants together with the author (authors) to petition for granting a patent of the Republic of Belarus for the remaining period. The petition is submitted to the Patent Office of the Republic of Belarus of the Supreme Soviet of the Republic of Belarus. The patent of the Republic of Belarus is enacted since the date of registration in the State Roll of industrial models of the Republic of Belarus. In case there is no agreement between the applicant and the author (authors) of the industrial model to submit a joint petition, the patent of the Republic of Belarus is not issued.

6. Individuals and legal entities who started on the sound legal basis to use an industrial model on a certificate of the USSR prior to the date of submitting a petition for granting a patent of the Republic of Belarus, preserve the right to use this industrial model further without the need to conclude the license contract. Payment of the bonus to the authors in this case is performed in the order set forth for payment bonuses for industrial models protected with certificates.

7. On the applications for industrial models, for which the State Patent Office of the USSR or the Committee of the Russian Federation on Patents and Trademarks has passed expert decisions to grant a protection document, to provide the applicants the right to submit petitions for granting a patent of the Republic of Belarus. The petition is submitted to the State Patent Office of the Republic of Belarus of the Council of Ministers of the Republic of Belarus during the period of 6 months since the enactment date of the Law.

8. On applications submitted to the Patent Office of any state that is a participant of the Paris Convent on Protection of Industrial Property, including the applications submitted to the State Patent Office of the USSR or to the Committee of the Russian Federation on Patents and Trademarks, for which the office work has not been completed and the patents have not been issued, to provide the applicants with the right to submit petitions for granting a patent of the Republic of Belarus with the preservation of the priority from the date of submitting the first application. The petition is submitted to the State Patent Office of the Republic of Belarus of the Council of Ministers of the Republic of Belarus during the period of 6 months since the enactment date of the Law under the condition that this priority is asked not later than 21 months since the date of submitting the first application. The applications for which the petitions have been submitted timely are examined in the order set forth by the Law of the Republic of Belarus "On Patents for Industrial Models".

9. To provide the Council of Ministers of the Republic of Belarus with the right to set on the basis of bilateral agreements with the countries -- former USSR subjects some other order of managing and supporting patents, than it is stipulated by point 2 of the Article 8 of the Law of the Republic of Belarus "On Patents for Industrial Models".

10. The Council of Ministers of the Republic of Belarus in cooperation with the commissions of the Supreme Soviet of the Republic of Belarus on legislation; science and scientific and technical progress shall design and submit to the Supreme Soviet of the Republic of Belarus proposals on administrative and criminal amenability for violating the Law of the Republic of Belarus "On Patents for Industrial Models".

11. The Council of Ministers of the Republic of Belarus in cooperation with the commissions of the Supreme Soviet of the Republic of Belarus on science and scientific and technical progress and on planning and on budget and finance shall submit to the Supreme Soviet of the Republic of Belarus proposals on setting privileges in profit tax for enterprises, amalgamations, institutions and on other measures to economically stimulate the design and use of industrial models.

12. The Council of Ministers of the Republic of Belarus shall: - submit to the Supreme Soviet of the Republic of Belarus proposals on how to bring the legislation acts of the Republic of Belarus in compliance with the Law of the Republic of Belarus "On Patents for Industrial Models"; - pass the normative acts within its competence envisaged by the Law of the Republic of Belarus "On Patents for Industrial Models"; - bring the decisions of the Government of the Republic of Belarus in compliance with the Law of the Republic of Belarus "On Patents for Industrial Models"; - manage the cancellation by the Ministries and Committees of the Republic of Belarus their normative acts which are in contradiction with the present Law.

Chairman of the Supreme Soviet of the Republic of Belarus
S. Shushkevich
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