Industrial Design Application in Belarus

Belarus is a country with many advantages for the development of industrial designs in many fields. Belarus has a long tradition in the machine-building industry, especially tractors, trucks, and agricultural equipment. These products have great potential to develop industrial designs to improve aesthetics, functionality and competitiveness in the international market. Belarus is famous for its dairy products, confectionery, and beverages. Industrial design can help improve product packaging, labels, and appearance, differentiate and attract consumers. Belarus has rich forest resources and a thriving woodworking industry. Industrial designs can help create furniture, household furniture, and decorative products that are highly aesthetic, environmentally friendly, and in line with market trends. Therefore, more and more individuals and organizations want to register industrial designs in Belarus, Viet An Law would like to guide customers through the article below.

Legal Basis

• Law No. 160-Z of the Republic of Belarus of December 16, 2002, on Patents for Inventions, Utility Models and Industrial Designs (amended to Law No. 243-Z of January 9, 2023)

Definition of industrial design in Belarus

In Belarus, industrial design is defined as the artistic design solution of a product, which determines its external appearance. This form can be the shape, configuration, decoration or combination of these elements of the product. The main purpose of industrial design is to enhance the aesthetics and functionality of the product.

Conditions for Industrial design registration in Belarus

• Novelty: The design is not publicly available anywhere in the world prior to the filing date or priority date (if any). This includes any disclosure of the design through publication, use, or any other medium.
• Uniqueness: The design must create an overall impression that sets the savvy user apart from any other design that has been publicly announced. This means that the design must have a unique aesthetic to distinguish it from existing designs.

Types of industrial designs that can be registered in Belarus

• Product or part of a product: This refers to any industrial or craft item, including consumer goods, industrial equipment, vehicles, furniture, home appliances, packaging, and individual parts or parts thereof.
• Decoration: This includes any decorative elements applied to the product, such as patterns, textures, textures, or graphic designs.
• Product Set: This refers to a collection of interconnected or complementary products designed as a unit, such as a dining table set, bedroom set, or kit.
• Packaging: Includes containers, boxes, bags, labels, and any other materials used to wrap or protect the product.
• Graphic Symbols and Logos: This refers to the visual representations of the brand.

Search for industrial designs in Belarus

• National Center for Intellectual Property (NCIP) Database: NCIP is the official body responsible for registering and protecting intellectual property rights in Belarus. Their online database allows users to search for registered industrial designs according to various criteria, such as registration number, applicant name, design title, or Locarno classification.
• WIPO Global Design Database: The World Intellectual Property Organization (WIPO) maintains a comprehensive database of industrial designs from around the world, including Belarus. This database allows users to search by keywords, images, or design categories.
• Professional IP Services: Several intellectual property law firms and service providers in Belarus offer preliminary search and industrial design in-depth search services. These companies have the expertise and experience to conduct a comprehensive search and can provide detailed reports on the results.
• Online Patent and Trademark Databases: Some international patent and trademark databases, such as Espacenet or TMview, can also search for information on industrial designs registered in Belarus.

Dossier for Industrial design registration in Belarus

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Fees for industrial design registration in Belarus

The fee for registering an industrial design in Belarus is regulated by the Tax Code of the Republic of Belarus.

• Applicantion fee
  • One style: 35 BYN (Belarusian Ruble)
  • Multiple styles (up to 10): 35 BYN + 7 BYN for each additional style
• Degree Fee
  • One Style: 35 BYN
  • Multiple styles (up to 10): 35 BYN + 7 BYN for each additional style
• Publication Fee: This fee is for the publication of information about the registered design in the Official Gazette of NCIP: 14 BYN
• Annual Fees: These fees are due annually to maintain the registration of the industrial design. The amount increases each year, starting at 21 BYN for the first year and reaching 126 BYN for the tenth year.

Industrial design registration in Belarus under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

If you wish to file an application for registration of an industrial design in Belarus, please contact Viet An Law for the most effective support