MIKHAILYUK SOROKOLAT & PARTNERS

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Amendments in the Law on Geographical Indications in Belarus




September 7, 2020

On August 29, 2020, the amendments to the Law of the Republic of Belarus "On Geographical Indications" came into force. They are aimed at popularization of geographical indications registration and raising the image of regional brands.

Geographical indication is introduced as a separate object of intellectual property, while earlier the geographical indication included both name of the origin of goods location and indication of the origin. In addition, the amendments concerned the registration procedure, the list of documents and information to be submitted to the authorized body for registration of a geographical indication.

In particular, it is necessary to provide the NCIP with the opinion of the competent authority that the product has special properties, quality, reputation or other characteristics, which are significantly dependent on its geographical origin, natural conditions or human factors peculiar to this geographical object. Previously, only the special properties of the product were taken into account, and now the list of unique characteristics has been expanded. It will allow obtaining protection for more product names in order create a unique image of Belarus.

A similar document now also must be provided for the renewal of the right to use the geographical indication, and it should be issued by the competent authority within the last year of a ten-year period from the date of the application. The foreign applicant must provide a document confirming the right to use the geographical indication in the country of origin on the date of renewal.

In addition, the amendments to the Law changed the amount of fees charged for the implementation of the administrative procedure, both for registration of the right to use a geographical indication and for its renewal.

Specialists of Mikhailyuk, Sorokolat and Partners follow all changes in current law and updates of Patent Offices around the world. Use the free consultation form, and we will contact you as soon as possible.


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