Licenses

License agreements, sublicense agreements granting the right to usethe 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 a license agreement a party that owns exclusive right to use an object of intellectual property (Licensor) grants to the other party (Licensee) permission to use that object of intellectual property. Royalty-free licenses of right to use the licensed object of intellectual property between commercial entities are not allowed, unless the law provides otherwise.

The license agreement may provide the licensee with the following rights:

  • the right to use the licensed object of intellectual property while reserving to the licensor the right to use it and to grant other licenses in favor of third parties (simple, non-exclusive license);
  • the right to use the licensed object of intellectual property while reserving to the licensor the right to use any part thereof not licensed to the licensee, but without the right to grant other licenses (exclusive license). If a license is silent about whether rights are exclusive or non-exclusive, the rights are intended to be non-exclusive, unless otherwise provided under the license agreement;
  • other rights permitted under applicable law.

A license agreement may provide the licensee with the right to enter into license agreements with third parties within the scope specified in the license agreement (sublicense agreement). The licensee will be responsible to the licensor for the activities of any sublicensee, except as otherwise provided under the license agreement.

License agreements and amendments thereto are to be recorded with the patent authority. The same applies to any sublicense agreement. License agreements, sublicense agreements that are not recorded with the patent authority are considered invalid.

License agreements for the grant of rights to use inventions protected by Eurasian patents  valid in the territory of the Republic of Belarus are recorded with the patent authority of the Republic of Belarus.

License agreements for the grant of rights to use 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.