Belarus Adopts New Regulation on License, Assignment, Pledge and Franchise Agreements

On March 21, 2009, the Belarusian Council of Ministers adopted a new Regulation on the Registration of License Agreements, Assignment Agreements, Pledge Agreements on Industrial Property Rights, and Franchise Agreements.

The regulation was drawn up in line with the State Measures for Intellectual Property Protection for the period between 2008 and 2010, adopted by the Council of Ministers on November 21, 2007.

The new regulation contains a list of agreements that need to be registered with the state patent institution: license agreements, assignment agreements, pledge agreements on industrial property rights, useful patterns, industrial designs, sorts of plants, integrated circuit topographies, trademarks and service marks.

The regulation also applies to franchise agreements, and license agreements that grant usage rights to know-how, which pertain to a product or its production in any technical area.

It establishes deadlines for the registration of aforementioned contracts and outlines a list of documents necessary for their registration. It also sets forth provisions for the registration of license and other kinds of agreements on the transfer of intellectual property rights, in accordance with the Euro-Asian Patent Convention of September 9, 1994, the Madrid Agreement of April 14, 1891, and the Madrid Protocol of June 28, 1989.

The new regulation will replace the previous one, which was adopted on May 22, 2003, and is expected to enter into force after its official publication.

For more information, please contact Jovana Miocinovic in our Balkan Regional Office.