Patent Dispute Consultation
We advise on the grounds and prospects for appealing decisions of the patent authority or the Board of Appeal before the IP Panel.
Intellectual Property Disputes: Litigation in the Belarusian IP Court
Licensed Belarusian advocates representing rights holders and defendants before the Judicial Panel on Intellectual Property of the Supreme Court of Belarus.
Our clients
Overview
Where intellectual property disputes cannot be resolved through negotiation or pre-trial claims, rights holders may bring proceedings before the Judicial Panel on Intellectual Property of the Supreme Court of Belarus. This specialised panel handles both infringement claims and appeals against decisions of the patent authority, the Board of Appeal, and the antimonopoly body. Proceedings before the IP Panel require specific expertise — both in substantive intellectual property law and in the procedural rules applicable to this court. AMBY Legal represents rights holders and defendants in all categories of IP litigation before the Panel.
Categories of Intellectual Property Under Belarusian Law
Belarusian IP law covers three primary categories of protected rights. Copyright and related rights protect literary, scientific, and artistic works, as well as performances, phonogram recordings, and broadcasts — arising automatically without registration. Industrial property — including patents, utility models, industrial designs, trademarks, service marks, trade secrets, plant varieties, and geographical indications — requires formal registration and examination by the National Centre of Intellectual Property (NCIP). In practice, the majority of IP litigation involves copyright infringement and trademark misuse — areas requiring detailed analysis of originality, ownership, and market confusion.
Legal Classification of IP in Belarus
Under Belarusian law, IP rights are classified into two main categories. Copyright and related rights protect creative works — literature, art, photographs, audiovisual materials, performances, and recordings — and arise automatically upon creation without registration. Industrial property — including inventions, utility models, trademarks, trade names, and trade secrets — is protected following formal examination and registration by the NCIP, which operates under the State Committee on Science and Technology. Once registered in the state IP register and a patent or certificate is issued, industrial property receives full legal protection under Belarusian law.
Jurisdiction of the IP Panel
In Belarus, intellectual property disputes are heard by the Judicial Panel on Intellectual Property of the Supreme Court. This specialised panel has exclusive jurisdiction over IP infringement claims and appeals against decisions of the patent authority, the Board of Appeal, and the Ministry of Antimonopoly Regulation and Trade. Due to the specific procedural and substantive requirements of proceedings before the Panel, representation by advocates with experience in IP litigation is strongly recommended.
Dispute Resolution
Legal support for dispute resolution in Belarus — protecting your business’s financial and reputational interests!
How to Apply to the IP Panel
Applications to the IP Panel may take one of two forms — a statement of claim or a complaint — depending on the nature of the dispute.
A statement of claim is filed where the dispute arises from a violation of the rights holder’s exclusive rights to an intellectual property object.
A complaint is filed where the applicant challenges a decision of a state authority — for example, a decision of the patent authority, the Board of Appeal, or the Ministry of Antimonopoly Regulation and Trade.
Remedies Available in IP Claims
A statement of claim before the IP Panel may include the following remedies: recovery of compensation (royalties or statutory compensation); an order to cease the actions violating the exclusive right; compensation for damages; compensation for moral harm in connection with violations of the author’s rights; and other remedies provided by law.
Claims for trademark infringement may be brought against multiple defendants individually or in a single consolidated statement of claim. AMBY Legal advises on the available remedies and prepares the full documentation package for IP proceedings.
State Fees for Claims
Before filing a statement of claim with the IP Panel, a state fee must be paid. For monetary claims, the fee is 5% of the claim amount — not less than 2 base units (currently 84 Belarusian rubles). For non-monetary or non-assessable claims, companies and individual entrepreneurs pay 50 base units (currently 2,100 rubles); individuals pay 20 base units (currently 840 rubles).
Filing a Complaint Against an Authority Decision
A complaint to the IP Panel is filed where the applicant disagrees with a decision of a state body on an intellectual property matter. The most common appeals include decisions of the Board of Appeal at the patent authority concerning patents for inventions, utility models, and trademarks.
Decisions that may be appealed include: the patent authority’s decision to grant a patent; the Board of Appeal’s decision on a complaint against a refusal to grant a patent; the Board of Appeal’s decision on an objection to a granted patent; and the Ministry of Antimonopoly Regulation and Trade’s decision recognising a trademark registration as unfair competition.
Deadlines for Filing Complaints
Complaint deadlines: Complaints against decisions of the National Intellectual Property Centre based on trademark examination results may be filed with the IP Panel within one year from the date of receipt of the decision. Complaints against decisions of the Board of Appeal at the patent authority may be filed within six months from the date of receipt of the decision.
State Fee for Complaints
Before filing a complaint with the IP Panel, a state fee must be paid. For companies and individual entrepreneurs, the fee is 50 base units (currently 2,100 rubles). For individuals, the fee is 20 base units (currently 840 rubles).
Trademark distinctiveness: In cases concerning refusals to register a trademark, the Panel examines whether the proposed designation possesses the required distinctiveness. Signs lacking distinctiveness — such as single letters, numerals, lines, or mathematical symbols — cannot be registered as trademarks.
Trademark Non-Use: Early Termination of Protection
Where a registered trademark has not been used by its owner — without valid reason — for three years following registration, its legal protection may be terminated early. In proceedings for early termination, the court verifies whether the trademark was genuinely used during the relevant period by the owner or their licensee, and examines the reasons for non-use.
The defendant (trademark owner) bears the burden of proving that the trademark was used during the three-year period. The claimant must demonstrate their genuine interest in the trademark — that is, an intention and commercial need to use it. Where a claimant has no genuine interest in using the trademark, the court will not grant early termination even if the trademark has been dormant for three years.
Our Services
Preparation and Filing of Complaints
We prepare the complaint, supporting documents, and state fee payment — and file with the IP Panel on the client's behalf.
Representation Before the IP Panel
We represent clients in all stages of proceedings before the Judicial Panel on Intellectual Property of the Supreme Court — presenting the case and protecting the client's interests throughout.
Decisions That Can Be Appealed
Patent Grant Decision
The patent authority's decision to grant a patent may be challenged where it violates legal standards or infringes existing rights.
Appeal Board Rejection
The Board of Appeal's decision upholding a refusal to grant a patent may be contested before the IP Panel.
Appeal Board Objection
The Board of Appeal's decision upholding an objection to a granted patent may be appealed to protect the patent's validity.
Unfair Competition Ruling
The Ministry of Antimonopoly Regulation's decision declaring a trademark registration as unfair competition may be challenged before the IP Panel.
Intellectual Property Protection
Obtain expert intellectual property protection in Belarus for your company!
Industrial Property Disputes Before the IP Panel
Copyright and Related Rights Disputes
Recognition of Authorship
Claims to establish legal authorship over a creative work — including literary, artistic, or scientific content.
Authorship Disputes
Cases where authorship is contested by another party with conflicting claims.
Removal from Author List
Proceedings to exclude individuals wrongly credited as co-authors from official records or registrations.
Copyright Infringement Claims
Cases involving illegal use or reproduction of copyrighted works and violations of related rights.
Compensation for Copyright Violations
Claims for financial compensation for damages from unauthorised use or distribution of protected works.
Author’s Royalty Disputes
Cases involving unpaid or underpaid royalties owed to authors under publishing or licensing agreements.
Moral Harm in Related Rights
Claims for moral damages caused by violations of performers', producers', or broadcasters' rights.
Damage Recovery
Claims for financial losses suffered due to copyright or related rights infringement.
Profits From Infringement
Claims requiring infringers to surrender profits earned through unauthorised exploitation of copyrighted content.
Why Foreign Companies Choose AMBY Legal
Client-Oriented
We prioritise the client's specific objectives — developing a tailored strategy for each IP dispute rather than applying a standard approach.
Comprehensive Approach
We address all aspects of the proceedings — from initial assessment and pre-trial claims through to court representation and enforcement.
Competence
Our advocates understand the specific procedural and substantive requirements of proceedings before the Belarusian IP Panel — and apply current case law to each matter.
Proven Experience
We have represented clients in patent, trademark, and copyright disputes before the Belarusian IP Panel — achieving favourable outcomes in complex and high-stakes cases.
International Clients
We assist foreign rights holders in navigating the Belarusian IP litigation system — managing all procedural steps and communications in English.
High Qualification
Our specialists have advanced expertise in intellectual property law — ensuring technically accurate and legally sound representation in IP proceedings.
FAQ
What types of IP claims can be filed with the Judicial Panel on Intellectual Property of the Supreme Court of Belarus?
The Panel hears: trademark and trade name disputes; patent and utility model disputes; copyright and related rights claims; licensing disputes; unfair competition in IP registration; claims for damages and compensation; and appeals against decisions of the NCIP, the Board of Appeal, and the Ministry of Antimonopoly Regulation and Trade.
What is the state fee for filing an IP claim or complaint with the Supreme Court?
For monetary claims, the fee is 5% of the claimed amount — not less than 2 base units (currently 84 rubles). For non-monetary claims, companies and individual entrepreneurs pay 50 base units (currently 2,100 rubles); individuals pay 20 base units (currently 840 rubles). Supervisory appeal fees are 80% of the initial filing fee.
Is a mandatory pre-trial claim required before filing with the IP Panel?
Yes — for disputes between legal entities and individual entrepreneurs. A formal written pre-trial claim must be sent to the other party before proceedings may be initiated. The response period is one month unless the contract specifies otherwise. Individual rights holders are not required to send a pre-trial claim, though it is advisable. AMBY Legal prepares pre-trial claims and manages the full dispute process.
Who may represent a client before the IP Panel of the Supreme Court of Belarus?
Representation may be carried out by the company’s director, an authorised employee, a licensed advocate, a patent attorney, or in-house legal counsel. Foreign clients must provide a notarised power of attorney — which must be apostilled or consularly legalised depending on the country of origin. AMBY Legal manages all representation requirements for foreign clients.
How long does it take to resolve IP disputes before the Supreme Court?
Cases involving Belarusian applicants must be resolved within two months from filing. For foreign applicants, the timeframe may be up to one year. Appeals arising from administrative decisions must be resolved within one month from filing.
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