Intellectual Property Disputes
Sometimes companies cannot resolve disputes in the field of intellectual property in a claim-based manner and through negotiations. In order to protect their rights and stop the illegal use of intellectual property, copyright holders go to court. We recommend that you go to the trial with the support of an experienced intellectual property lawyer.
Core Elements of Intellectual Property and Their Role in Legal Disputes
The field of intellectual property law covers a diverse set of intangible assets that hold commercial and creative value. It includes three primary categories: copyright, neighboring rights, and industrial property. Copyright protects original works of author’s intellectual property—such as literary, scientific, and artistic creations—while neighboring rights apply to performances, audio recordings, and broadcasts. Industrial property includes patents, utility models, industrial designs, plant varieties, integrated circuit topographies, trade secrets, trademarks, service marks, and geographical indications.
Each category is governed by distinct legal frameworks, requiring nuanced understanding in both registration and enforcement. In practice, the majority of legal conflicts arise over copyright infringement and the misuse of trademarks or service marks. These areas often demand detailed examination of originality, ownership, intellectual property, and market confusion, making them frequent subjects of litigation within specialized courts.
Legal Disputes
In Belarus, intellectual property is classified into two main legal categories: copyright and related rights, and industrial property. Copyright safeguards the rights of creators over works of literature, art, publications, photographs, and audiovisual materials. Industrial property includes inventions, utility models, trade secrets, plant varieties, trademarks, and trade names. Legal protection for these assets is granted following expert examination by the national patent authority.
Once an object of industrial property is registered in the state intellectual property register and a patent or certificate is issued, it receives full legal protection under Belarusian law. Oversight of intellectual property registration, enforcement, and policy implementation is centralized through the National Center of Intellectual Property, which operates under the State Committee on Science and Technology. This structured approach ensures both creators and rights holders can effectively protect and manage their intellectual assets within the jurisdiction.
Where intellectual property disputes are considered
In Belarus, disputes in the field of intellectual property are considered by the judicial board for intellectual property of the Supreme Court. For the preparation of documents and judicial representation, we recommend using the services of lawyers who have experience representing business interests in intellectual property disputes, since this area has its own specifics.
How to apply to the judicial board for intellectual property
You can apply to the judicial board with a statement of claim or with a complaint. It depends on the requirements.
statement of claim
A statement of claim should be filed when the cause of the dispute is a violation of the copyright holder’s rights to an intellectual property object.
What can be required in the statement of claim
In the statement of claim, you can state the requirements:
- About collecting remuneration.
- On the termination of actions that violate the exclusive right.
- About compensation for damages.
- On compensation for moral damage in connection with violation of the author’s rights, etc.
Claims for the protection of trademark rights can be submitted to several persons individually or in a single statement of claim.
Our lawyers in the field of intellectual property will advise you on the issues of claims and prepare a package of documents.
Appealable Decisions
When filing a claim, you must pay a state fee.
According to the claims related to the refund of money, the state fee is 5% of the claim price, but not less than 2 basic units (this is 74 Belarusian rubles).
For claims that cannot be assessed or of a non-material nature, companies and individual entrepreneurs pay a state fee in the amount of 50 basic units. This is 1,850 Belarusian rubles.
Individuals pay a state duty of 20 basic units for non-property requirements. This is 740 Belarusian rubles.
Handling a complaint
A complaint can be filed with the court when the client does not agree with the decision of the state body on the issue of intellectual property.
What can be appealed
They often appeal decisions of the Board of Appeal at the patent authority, which are related to patents for inventions, utility models, etc. In particular, you can appeal:
- The decision of the patent authority to grant a patent.
- The decision of the Board of Appeal on the complaint against the refusal to grant a patent.
Dispute Resolution
- The decision of the Board of Appeal on the objection to the grant of a patent.
- The decision of the Ministry of Antimonopoly Regulation and Trade on the recognition of unfair competition of trademark registration.
- The deadline for filing a complaint
Complaints against the decisions of the National Intellectual Property Center based on the results of the examination of the trademark registration application (this is the patent authority) can be filed with the judicial board within one year from the date of receipt of the decision.
Complaints against decisions of the Board of Appeal at the patent Authority can be filed with the judicial board within 6 months from the date of receipt of the decision.
Payment of the state fee
Before filing a claim or complaint to the Intellectual Property Board of the Supreme Court, a state fee must be paid.
For companies and individual entrepreneurs, the state fee is 50 basic units. This is 1,850 Belarusian rubles. For individuals — 20 basic units (740 Belarusian rubles).
Trademark Disputes
When the board considers cases related to the refusal to register a trademark, the judges examine the question of the signs of the trademark designation difference. There are no signs of difference, for example, symbols in the form of a letter or a number, a line, or a mathematical sign.
Features of dispute resolution under the license agreement
When a trademark is used under a license agreement, the court proceeds from the liability measures specified in this agreement.
Features of consideration of disputes on termination of trademark protection
When a trademark is registered, but the owner has not used it without good reason for three years after its registration, the legal protection of the trademark is terminated.
In disputes regarding the early termination of trademark protection, the court verifies whether the owner or licensee has failed to use the trademark for three years and examines the reasons for such non-use.
The person to whom the claim is made (the defendant) must prove that the trademark was used during this period. A person who demands to terminate the protection of a trademark ahead of time must prove that he is going to use it and is interested in doing so.
If the claim was filed by a company that is not interested in early termination of trademark protection, the court will not meet it halfway, even if the trademark has not been used for three years.
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What Decisions Can Be Appealed in the Field of Intellectual Property
Patent Grant Decision
You can appeal the patent office’s decision to grant a patent if you believe it violates legal standards or infringes on prior rights.
ppeal Board Rejection Decision
It’s possible to challenge the Appeal Board’s decision to uphold a refusal to grant a patent, especially if there are grounds to prove eligibility.
Appeal Board Objection Decision
If the Appeal Board upholds an objection to a granted patent, the decision can be contested to protect legitimate rights and patent validity.
Unfair Competition Ruling
A decision by the Ministry of Antimonopoly Regulation declaring a trademark registration as unfair competition can be appealed to defend brand rights.
Scope of Cases Reviewed by the Intellectual Property Court Panel in Belarus
Appeals Against Patent Board Decisions
The court hears complaints against decisions by the Appellate Board, including refusals or approvals of patents and trademark-related matters.
Establishing Authorshintellectual property
Disputes over who should be recognized as the true author of an industrial property object are examined and legally resolved.
Removal of Co-Authors
The court considers claims to remove individuals wrongly listed as co-authors from patent applications or granted patents.
Determining Patent Ownership of intellectual property
Cases include disputes over who holds ownership intellectual property rights and whether an invention qualifies as a service-related development.
Patent Termination Disputes
The panel reviews challenges related to unlawful early termination of patents and requests for reinstatement of patent rights.
Trademark Cancellation
Claims seeking early termination of a trademark registration due to non-use or legal grounds are handled by the court.
Rationalization Proposal Disputes
Legal issues regarding the refusal to recognize or annul rationalization proposals are reviewed for procedural or substantive violations.
Author’s Compensation Claims
The court considers lawsuits demanding fair monetary rewards for authors of protected industrial property.
Rationalization Reward Claims
Disputes over unpaid compensation for the use of a rationalization proposal fall within the court’s jurisdiction.
License Fee Recovery
Parties may seek to recover unpaid royalties or license fees under legally binding licensing agreements.
License Termination Disputes
The court reviews claims to lawfully terminate licensing agreements due to violations or changes in circumstances.
Invalid License Termination
Disputes about one-sided and unlawful termination of license agreements can be appealed before the intellectual property court panel.
Invalid Use Agreements
Claims involving invalid agreements for using industrial property are examined for legal compliance and enforceability.
Infringement and Damages
The panel handles cases on intellectual property rights violations, including compensation for unlawful use of patents or trademarks.
Trademark Misuse Fines
If a trademark is used illegally, the court may impose fines as part of the infringement proceedings.
Moral and Economic Damage
Claimants may seek compensation for material losses and emotional harm caused by intellectual property rights violations.
Online Brand Infringement
The court addresses domain name and online trademark disputes, including misuse in digital and internet spaces.
Well-Known Trademark Status
Appeals on decisions to recognize or reject a trademark’s status as well-known in Belarus are reviewed.
Unfair Competition in Trademark Registration
Disputes over trademark registrations considered acts of unfair competition by the Ministry of Economy’s Pricing Department fall under its scope.
Types of Copyright and Related Rights Disputes Handled by the intellectual property Court Panel
Why Us
Client-Oriented
We prioritize your goals and legal interests, offering personalized solutions tailored to your specific intellectual property dispute or challenge.
Comprehensive Approach
Our team analyzes every legal angle—from strategy to documentation—to ensure thorough, effective representation throughout the entire dispute resolution process.
Competence
We understand the complexities of intellectual property law and provide clear, confident guidance backed by up-to-date legal knowledge and case law.
Proven Experience
With a track record of successful cases, we offer reliable representation in high-stakes patent and copyright disputes.
Foreign Citizen-Friendly
We assist international clients with navigating the Belarusian legal system, providing clear communication and full support at every stage.
High Qualification
Our specialists hold advanced legal degrees and certifications in intellectual property law, ensuring expert handling of complex and technical cases.
FAQ
The Supreme Court’s intellectual property Panel reviews disputes concerning trademarks, trade names, inventions, utility models, copyright, licensing, intellectual property, unfair competition, and damages. Appeals against decisions by the Patent Office, Appellate Board, or antimonopoly authority are also accepted.
For monetary claims, the state fee is 5% of the claim amount, but not less than two base units. For non-monetary claims or appeals, legal entities pay 50 base units, and individuals pay 20. Supervisory appeals cost 80% of the initial fee.
Yes, for disputes between legal entities or sole proprietors, a pre-trial claim is mandatory. Individuals are not required to file one, but it is recommended. The response period is typically one month unless otherwise agreed by contract.
Representation may be carried out by company directors, employees, licensed attorneys, patent attorneys, or legal counsel. Foreign representatives must provide a notarized power of attorney with apostille or consular legalization, depending on their country of origin.
Cases involving Belarusian applicants must be resolved within two months. For foreign applicants, the deadline is up to one year. Appeals arising from administrative matters must be resolved within one month from the date of filing.
Contact us
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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E-mail
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AddressOffice: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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Working hoursMonday-Friday 9:00-19:00
