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Judicial remedy

The owner of the property rights to intellectual property has the exclusive right of fair use of intellectual property at their discretion, in any form or by any means.

The intellectual property in respect of which the holder has the exclusive right may be used by others only upon the consent of the right holder.

Our experts are engaged in restoring the violated rights of the owners, recognition of these rights null and void, their termination (cancellation), upholding the interests of applicants for evidence of unfair competition, etc.

Depending on the type of violation of the exclusive rights of the owner of intellectual property, one can seek legal protection in the Appeal Board of the National Center of Intellectual Property of the Republic of Belarus and / or in the Chamber for Intellectual Property Disputes of the Supreme Court of the Republic of Belarus and / or pricing department of the Ministry of Economy.

 Ways to protect violated rights stem from the norms of Article 11 of the Civil Code of the Republic of Belarus. Protection of civil rights can be achieved by:

  • recognition of the law;
  • restoration of the situation that existed before the violation of law;
  • suppression of actions that violate the law or threaten its violation;
  • the recognition of the voidable contract as invalid and the application of the consequences of its invalidity, establishing the fact of the nullity of the transaction and applying the consequences of its invalidity;
  • the invalidation of an act of a state body or a local government and self-government body;
  • self-defense rights;
  • awarding to perform duties in kind;
  • compensation of losses;
  • award of penalties;
  • compensation for non-pecuniary damage;
  • termination or change of legal relationship;
  • non-application by a court of an act of a state body or local government and self-government that is contrary to the law;
  • other ways provided by the legislation.

In accordance with Article 989 of the Civil Code, protection of exclusive rights can also be exercised through:

the seizure of material objects with the help of which exclusive rights are violated, and material objects created as a result of such a violation;
mandatory publication of the violation committed with the inclusion in it of information about who owns the violated right.
In accordance with Article 29 of the Law of the Republic "On Trademarks and Service Marks", the owner of a trademark or a person who has been granted the right to use a trademark under an exclusive license contract has the right to demand removal of an illegally applied trademark or designation, similar to it to a degree of confusion from counterfeit goods, labels, packages of goods, and if it is impossible to remove - extraction from civil circulation and destroying counterfeit goods, labels, packages of goods.

A person who violated the exclusive right to a trademark when commercialization the goods, performing works and (or) rendering services, is obliged to remove the trademark or designation similar to it to the degree of confusion from the materials accompanying the commercialization of this product, the performance of such works and (or) the rendering such services, including documentation, advertising, printed publications, sign-plates, as well as from the global computer network Internet.

In this case, the above measures are applied at the expense of the guilty person.

The owner of a trademark or a person who has been granted the right to use a trademark under an exclusive license agreement may, at his own option, demand from a person who violated the exclusive right to a trademark, instead of compensating losses, compensation in the amount of one to fifty thousand basic units determined by the court considering the nature of the violation.

 

If you have any questions with regard to violation of exclusive rights, feel free to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Koubriakov, Tseliatsitskaya & Partners, Ltd.   220004 Minsk , avenue Pobediteley, 17, of. 1015, Republic of Belarus.    Tel/Fax: (017) 226 99 34.  License for rendering of legal services No. 02240/1410 issued by the Ministry of Justice of the Republic of Belarus  pursuant to the decision No. 181/1 dated November 29, 2013/span>

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