Law on Ratification of the Protocol on Protection of Industrial Designs to the Eurasian Patent Convention

On November 10, 2020 the Russian Duma adopted the law on Ratification of the Protocol on Protection of Industrial Designs to the Eurasian Patent Convention.

The law has yet to be passed by the Council of Federation and signed by President. It will come in force 10 days after its official publication. Currently the Eurasian Patent Office issues Eurasian patents for invention valid in all countries members of the Eurasian Patent Organization (Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan).

The Protocol provides for setting up a system of Eurasian patents for industrial designs to be granted by the Eurasian Patent Office and be valid in all member-countries. The duration of the Eurasian patent for industrial design may be up to 25 years. The working language is Russian.

The Protocol will become effective in respect of first three countries after the third country deposits its ratification instrument with the WIPO Director General.

The Protocol will become effective for other countries three months after the respective country deposits its ratification instrument. In such case, only those Eurasian industrial design patents will be valid in that country which are granted on the applications filed after the Protocol comes in force for that country.

So far, Azerbaijan, Armenia, Kyrgyzstan and Kazakhstan ratified the Protocol.

For the Eurasian system of protection of industrial designs to become operative it is necessary to draft relevant regulations to the Eurasian Patent Convention and establish the fees for filing and prosecution of industrial design applications. This will be the obligation of the Administrative Council of the Eurasian Patent Organization.