ISSUES OF DEVELOPMENT OF THE PATENT LAW IN THE REPUBLIC OF BELARUS

Abstract

The article discusses key challenges in the process of improving the patent legislation of the Republic of Belarus. The analysis of the current legislation, a synthesis of the views of scientists, use of foreign legislative practices and provisions of international treaties allowing the author to formulate the following conclusions. The definition of the invention requires some clarification: there should be a requirement for technical character of patentable technical solutions, and a detailed list of possible objects of the invention should be given; methods of medical diagnostics, therapeutic and surgical methods for the treatment of humans should be excluded from the list of patentable solutions. The author proves the need for a substantial expansion of the scope of legal protection granted to industrial designs which would have enabled a patent owner to prohibit use of not only identical designs, but similar to the point of confusion with the protected industrial design. According to the author the most serious review is required for the legal norms concerning limitations of the exclusive rights of the patent owner. In this area is necessary: 1) to expand the grounds for possible free use of protected objects, including experimental and educational purposes; 2) to clarify grounds for recognition of the right of prior use for the person concerned; 3) further development of the institute of compulsory licenses, involving introduction of the concept of "compulsory license issued in the public interest" into national legislation, as well as reducing the period of non-use of the patented object, which is the basis for claiming a compulsory license. The author concludes that the solution of the conceptual problems identified in the article requires a systematic revision of current patent legislation of the Republic of Belarus.