Enforcing trademarks in Belarus

01-02-2012

Sovereign Belarus passed its national Law on Trademarks and Service Marks on February 5, 1993.

Sovereign Belarus passed its national Law on Trademarks and Service Marks on February 5, 1993. Under Article 2 of this law, trademarks are legally protected either upon their registration with the National Center of Intellectual Property (NCIP) or under international treaties to which Belarus is a party (Belarus participates in both the Madrid Agreement and the Madrid Protocol).

The NCIP examines trademark applications for formal requirements and on absolute and relative grounds. Pending applications are not published and cannot be opposed by third parties. Protection is granted on a first-to-file basis. 

One of the most distinctive features of the Belarusian trademark system is the enforcement of granted rights. In Belarus, all disputes relating to IP, irrespective of the parties involved, are considered by the Intellectual Property Chamber of the Supreme Court. This specialised court, unique in the whole post-Soviet territory, began operating in March 2000.


Trademark, protection, enforcement, Belarus, NCIP

WIPR