Russia and Kazakhstan Ratify Protocol on Eurasian Industrial Designs

Russia deposited its instrument of ratification of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention on January 11, 2021 and Kazakhstan followed one day later, on January 12, 2021. The Protocol will enter into force in Russia on April 11, 2021 and in Kazakhstan on April 12, 2021.

The first three Eurasian Patent Organization (EAPO) member states that deposited their instruments of ratification were Kyrgyzstan, Azerbaijan and Armenia and the Protocol will enter into force in these three countries on March 17, 2021.

The Protocol was adopted by the EAPO states on September 9, 2019, introducing the Eurasian system of protection for industrial designs, along with the already existing regional protection for inventions. There are eight EAPO member states: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan.

Tajikistan has signed the Protocol, but has yet to ratify it, while Belarus and Turkmenistan have announced the implementation of domestic procedures necessary for their participation in the Protocol.

According to the Protocol, Eurasian industrial design applications will be filed with the Eurasian Patent Office either directly or through the national patent office of an EAPO member state. All applicants will follow uniform examination requirements, use only the official language of the EAPO – Russian, and pay a uniform procedural fee. Once granted, Eurasian design patents will be valid for five years counting from the application filing date, and will be renewable for additional five-year periods up to four more times, so that the maximum term of protection does not exceed 25 years from the application filing date.

Prepared by: Dayana Auezova and Anastasia Khioni

For more information, please contact kazakhstan@petosevic.com.

Source: EAPO website