Term of protection of exclusive rights in Belarus

Personal non-material intellectual property rights are protected indefinitely.

 

Material author's rights with respect to works of science, literature and art exist for the lifetime of the author and for 50 years following the author's death.

 

Personal non-material intellectual property rights of the performer are protected indefinitely.

 

Material performer's rights exist for 50 years following the first record of the performance.

 

Material rights of the producer of phonographic records with respect to his records exist for 50 years following the first publishing of the phonographic record or during 50 years of its first recording if it had not been published during the stated period.

 

The rights of the broad- or cablecasting organization exist for 50 years following the presentation of the broad- or cablecast.

 

Patent rights originate as of the date of receipt of the patent application by the patenting authority and remain effective subject to the following:
1.    Patent on invention - for twenty years.
When, for application of the item in which the invention is realized, the permission of the authorized body is required according to the legislation, the patent term is extended by the patenting authority for up to five years maximum at the request of the patent holder.
2.    Patent on prototype - for five years, with an option for a maximum three year extension at the request of the patent-holder.
3.    Patent on industrial sample - for ten years, with an option for an extension of up to five years maximum at the request of the patent holder.

 

A patent to a breeding achievement is effective as of the date of registration of the achievement in the state register of protect¬ed breeding achievements and the issuance of the patent and is valid for 20 years.

 

A patent to a plant variety is effective as of the date of registra¬tion of the achievement in the state register of protected plant varieties and is valid for 25 years.

 

Exclusive rights to the use of an integrated circuit topography are effective for 10 years.

 

Rights to company names terminate with the liquidation of the legal entity or a change in company name.

 

Trademark registration remains valid for a period of 10 years from the date of receipt of the application by the patent authority. The term of validity of a trademark registration may be extended by periods of 10 years if the trademark owner applies for an extension during the final year of validity.

 

A certificate for the right to use the name of a place of origin of a product is valid for 10 years following the date of receipt of the application by the patenting authority. The term of validity may be extended by periods of 10 years if the certificate holder applies for an extension during the final year of validity of the certificate, subject to the conditions giving rise to the right to use the name continuing to apply. An indefinite number of extensions may be obtained.