ARTICLE
23 April 2021

Eurasian Protocol On The Protection Of Industrial Designs Entered Into Force

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Legalmax

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Founded in 2003, Legalmax Law Firm is recognized as one of the leading law firms specializing in intellectual property law in Central Asia and Russian-speaking countries. Legalmax is represented by its own offices in Uzbekistan and Kazakhstan, and partner offices in Kyrgyzstan, Tajikistan, Turkmenistan and Azerbaijan. Legalmax offers wide range of legal services on prosecution and protection of IP rights through enforcement procedures in all areas of IP infringement. Legalmax is also known for its contribution to the law-making activity in IP sphere and participation in creation of the most important precedents in judicial practice of Uzbekistan and Kazakhstan
On April 12, 2021 the Protocol on industrial design protection to the Eurasian Patent Convention of September 9, 1994 entered into force in Kazakhstan.
Kazakhstan Intellectual Property
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On April 12, 2021 the Protocol on industrial design protection to the Eurasian Patent Convention of September 9, 1994 entered into force in Kazakhstan. The Protocol extends the Eurasian mechanism for obtaining a patent effective in the territories of the EAPC member states. A conditions for interstate protection of industrial designs (ID) and obtaining a Eurasian patent have been created.

The Eurasian Patent Convention provides an opportunity to obtain a single patent with regard to inventions on the territory of the EAPC member states. The EAPC member states are: the Republic of Kazakhstan, the Russian Federation, the Republic of Azerbaijan, the Kyrgyz Republic, the Republic of Belarus, the Republic of Armenia, the Republic of Tajikistan and Turkmenistan. Functioning of the Eurasian patent system and issuance of Eurasian patents is provided by the Eurasian Patent Organization (EAPO).

Procedure for obtaining Eurasian Design Patent

According to preliminary information, acceptance and examination of Eurasian Design Patent applications is expected to start on June 1, 2021.

Eurasian Design Patent application is filed directly to EAPO or local patent office. After preliminary examination Eurasian Design Patent application is published at the EAPO site and move on to the stage of substantial examination. Upon its results the EAPO issues grant decision or refusal.

Peculiarities of Eurasian Design Patent:

  • Eurasian Design Patent is granted to the author or his legal successor;
  • The Eurasian Design Patent is valid simultaneously on the territory of all EAPC member states;
  • The scope of legal protection is determined by combination of essential features , reflected in the images of the product;
  • The temporary legal protection is granted for the design from the date of publication on the territory of all EAPO member states;
  • The term of validity of the Eurasian Design Patent is five years with the possibility of extension, but no more than 25 years from the date of filing of the Eurasian application;
  • The exclusive right to the design arises from the date of publication of information about its grant in the EAPO official gazette;
  • The possibility of transformation of the Eurasian Design Patent application into a national application;
  • The working language (filing of the Eurasian application, correspondence and granting of the Eurasian patent) is Russian;
  • Official fees to the EAPO are paid in Russian rubles;
  • Eurasian Design Patent may be declared void in part or in whole within six months from the date of publication of the application trough administrative revocation procedure of EAPO.

On April 12, 2021 members of the EAPO Administrative Council approved Part II of the EAPO "Industrial Designs" Patent Regulations and the EAPO Fees Regulations for Eurasian Design Patents.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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