Certain of the Eurasian Patent Organization (EAPO) member states have recently adopted a Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention. This Protocol will introduce a regional system of protection for industrial design patents that will run in parallel with the corresponding provisions already in place for the protection of inventions.

 

According to the Protocol, Eurasian design patent applications will be filed with the Eurasian Patent Office (EAPO) either directly or through the national patent office of an EAPO member state. All applications must be filed in Russian, the official language of the EAPO. Once granted, Eurasian design patents will be valid for 5 years counting from the application filing date, and will be renewable for up to 4 additional 5-year periods, so that the maximum term of protection will be 25 years from the application filing date.

 

So far, the EAPO member states that have signed the Protocol are Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan and Russia, while the delegations of the remaining three member states – Belarus, Tajikistan and Turkmenistan – have announced the implementation of domestic procedures necessary for their participation in the Protocol. The Protocol will enter into force for the first three states that have ratified or acceded to it, 3 months after the last state deposits its instrument of ratification. In all other member states, the Protocol will enter into force 3 months after the state’s accession or deposit of its instrument of ratification.

 

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