Assignments

Agreements of assignment of exclusive rights related to the following industrial property objects protected in the Republic of Belarus:

  • inventions;
  • utility models;
  • industrial designs;
  • plant varieties;
  • topographies of integrated circuit;
  • trademarks and service marks.

must be recorded in the State Register of License Agreements, Agreements on the Assignment of IPR and Agreements on the Pledge of IPR of the Republic of Belarus. 

Under an agreement of assignment of exclusive rights one party (the rightholder) transfers his exclusive right in full scope to other party.

The agreement of assignment is made in writing and must be recorded.Failure to enter into a written agreement or to comply with recordal requirements may result in the agreement being invalid.

The agreement of assignment must contain provisions on the rate of compensation payable or the method of its calculation, or it must directly indicate that it is a free agreement.

The exclusive right is deemed transferred from the rightholder to other party:

  • from the moment of concluding the agreement of assignment of exclusive rights, unless agreed to the contrary,
  • from the moment of recording the agreement – in respect of an agreement of assignment of exclusive rights that must be registered under the national legislation.

Agreements on the assignment of exclusive rights to inventions protected by Eurasian patents are recorded with the Eurasian Patent Organization.

Agreements of assignment of exclusive rights to the trademarks registered in the Republic of Belarus under the Madrid Agreement Concerning the International Registration of Marks and/or the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks are recorded with the International Bureau of the World Intellectual Property Organization.