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.
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.
Filing a 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.
Payment of the state fee for consideration of the statement of claim
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.
- 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).
What the judicial board of intellectual property pays attention to when considering cases
Features of the consideration of cases related to the refusal to register a trademark
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 on the early termination of legal protection of a trademark, the court verifies:
- is it true that the owner or licensee has not used the trademark for 3 years,
- for what reasons the trademark has not been used, etc.
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.
How we can be useful in the litigation of disputes in the judicial board for Intellectual Property of the Supreme Court of Belarus
Our lawyers and attorneys are experienced specialists in the field of intellectual property, disputes in this field and speak English. We can:
- Advise on the issues of appealing decisions of the patent authority and the Board of Appeal at the patent authority;
- Prepare a complaint and a package of documents for appealing the decisions of the patent authority and send the documents to the judicial board for intellectual property to resolve the dispute;
- Represent your interests in the Intellectual Property Board of the Supreme Court of Belarus.
Contact us
If you have any questions about the consideration of disputes in the judicial board for Intellectual Property of the Supreme Court — we will be happy to help you! Our long-term experience in the field of intellectual property, including representation of business interests in the judicial board for Intellectual Property of the Supreme Court will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
