In today’s rapidly evolving technological landscape and growing economy, intellectual property (IP) has become one of the key assets of any business. For IT companies, startups, content creators, as well as design and engineering studios, intangible assets such as software, brands, inventions, and databases often form the foundation of their competitive advantage.
Belarus has a well-developed system of legal protection for intellectual property, which includes the registration of trademarks, patents for inventions, utility models, industrial designs, as well as copyrights for software and databases. However, the registration process requires companies to exercise caution: they must consider not only the applicable legal norms but also the specifics of local practice (for example, those of the National Center of Intellectual Property (NCIP)).
For entrepreneurs and business owners, registering IP rights serves several crucial purposes. First, it provides legal protection against competitors and unfair use. Second, registered rights make it possible to scale a business: attract investment, enter new markets, and conclude licensing or franchising agreements. Finally, properly registered intellectual property increases the company’s overall value and can itself become an object of commercial transactions.
This article will explore which objects are subject to registration, how the process works, the most common mistakes applicants make, and why professional support significantly reduces the risks of rejection or delays.
Why Intellectual Property Registration Matters
Registering intellectual property is not a mere formality but a key element of business legal protection. In an environment where competition is intensifying and the digital space makes copying ideas and technologies easier, registered rights are what allow businesses to legally and effectively defend their interests.
Risks of Doing Business Without Legal Protection
If a company hasn’t registered a trademark, invention, or software, competitors can take advantage of this and claim the rights for themselves. As a result, the business risks losing its brand, unique developments, or even access to its own product.Moreover, without legal protection, it is impossible to claim damages or fight back against unfair market copies.
Benefits for Companies and Startups
Registering IP allows you to secure the exclusive right to use an asset, license it, sell it, or contribute it to the company’s authorized capital. For startups, having patents, registered software, or a trademark becomes an important argument in negotiations with investors and partners. It demonstrates serious intent and business maturity.
Impact on Business Value and Investment Attractiveness
Registered IP rights are often among the most valuable assets of a company. Trademarks and patents increase the market value of a business and serve as a guarantee to investors that the project is protected from direct copying. In many cases, the presence of security documents is a decisive factor when concluding transactions to sell a business, attract venture capital, or enter the international market.
Types of Intellectual Property Registered in Belarus
Belarusian IP law covers a wide range of objects. Depending on the company’s industry and product specifics, different types of IP can be registered. Below are the main categories.
Trademarks and Brands
A trademark is a means of distinguishing a company, its products, or services. It can be verbal, graphic, combined, or even three-dimensional. Registering a trademark (brand) in Belarus secures the owner’s exclusive right to use it and prohibits competitors from releasing products under a similar sign. This is particularly important when entering new markets and promoting a brand.
Inventions, Utility Models, and Industrial Designs
Technical solutions, new devices, or original design forms of products are subject to patent protection:
- Inventions protect unique technical developments.
- Utility models cover simpler, practical solutions.
- Industrial designs protect the external appearance of a product (design).
Owning a patent gives the holder the exclusive right to use the result of intellectual activity and to generate income by licensing or selling it.
Computer Programs and Databases
In Belarus, such objects are protected as literary works under copyright law. However, registration with the National Center of Intellectual Property (NCIP) officially confirms authorship and the date of creation, which is particularly important in disputes. For IT companies, this is one of the most relevant methods of protecting their core product. Computer programs are registered in the Register of Registered Computer Programs. Program materials are deposited and stored with NCIP, and can be used to confirm copyright.
Copyright and Related Rights
Copyright protects literary, artistic, and musical works, photographs, audiovisual works, and other creations. Related rights protect the interests of performers, producers of phonograms, and broadcasting organizations. Although copyright in Belarus arises automatically from the moment a work is created, registration can serve as strong proof of authorship and the date rights were established. Like computer programs, works may be deposited with NCIP. Applicants receive a deposit certificate confirming authorship.
Procedure for Registering Intellectual Property Rights
The registration of intellectual property (IP) in Belarus is handled by the National Center of Intellectual Property (NCIP), which is the authorized body in this area. The process consists of several key stages, each with its own specifics.
Step 1. Filing an Application with NCIP
The first step is preparing and submitting a set of documents. For a trademark, this includes an application indicating the owner, the mark itself, and the list of goods or services. For inventions and utility models, the documents include a description, claims, drawings, and an abstract. For industrial designs, images and a description must be provided. It is crucial to prepare the materials correctly: mistakes or inaccuracies may result in refusal of registration or the need for corrections.
Step 2. Examination of the Application: Formal and Substantive
Once submitted, NCIP conducts a formal examination to check whether the documents are properly completed, fees are paid, and requirements are met. This is followed by a substantive examination, during which specialists assess the novelty and uniqueness of the object, verify that there are no conflicts with previously registered rights, and confirm compliance with the statutory criteria of protectability. For instance, a trademark will not be registered if it is too similar to an existing brand.
Timeframes and Potential Difficulties
The review period depends on the type of IP. Trademark registration usually takes 11 to 14 months, while a patent application for an invention may take longer. In practice, the process is often delayed due to objections from third parties, the need for amendments, or additional NCIP requests. The maximum timeframe for trademark registration is 28 months. To shorten the timeline, it is advisable to conduct a preliminary search and prepare materials carefully. An accelerated procedure is also available, allowing registration within 15 business days under certain conditions.
A trademark is protected for 10 years from the date of registration, with the possibility of renewal.
Step 3. Obtaining a Protection Certificate
If the examination is successful, the applicant receives a certificate (for a trademark, computer program, etc.) or a patent (for an invention, utility model, or industrial design). This document confirms the owner’s exclusive rights and allows them to use, transfer, license, or defend the IP in court.
Fees for IP Registration in Belarus
Registering intellectual property rights in Belarus involves certain financial costs, including mandatory state fees and possible legal support expenses.
State Fees and Tariffs
The main costs are state fees, which vary depending on the type of IP. For example, when registering a trademark, applicants must pay a filing fee and an additional tariff for each extra class of goods or services under the Nice Classification (ICGS). For instance, filing and preliminary examination of a trademark application in one class costs 10 base units (about BYN 420). Each additional class requires 5 base units (BYN 210). The examination of the designation costs 28 base units (BYN 1,176), and registration in the official register plus issuance of a certificate costs 19 base units (BYN 798). Thus, registering a trademark in one class costs 57 base units (BYN 2,394).
For inventions, utility models, and industrial designs, fees are also charged for examination and issuance of the protection document. Patent fees for inventions are higher than for utility models, since the examination process is more complex.
Legal Support Costs
Although applicants may file documents on their own, in practice many turn to patent attorneys or lawyers. This helps avoid mistakes, speed up the process, and reduce the risk of refusal. The cost of services depends on the complexity of the object, the number of Nice Classification classes for trademarks, the need for correspondence with NCIP, and other factors. Legal support is especially important for companies planning business expansion and entry into international markets.
Additional Fees for Renewal of Rights
IP registration is not permanent. For example, a trademark in Belarus is valid for 10 years from the filing date, after which the right holder must renew it every 10 years by paying a state fee. Renewal of trademark protection after 10 years costs 60 base units (about BYN 2,520).
Patent terms are shorter: utility models are valid for 5 years (renewable for another 3 years), industrial designs for 10 years (renewable up to 15 years), and inventions for up to 20 years. Each renewal stage requires additional payments, which companies must factor into their budget planning.
Common Mistakes Made by Applicants
The process of registering intellectual property (IP) rights in Belarus requires careful attention and an understanding of legal nuances. Mistakes made at the application stage can result in refusal of registration or significant delays. Below are the most common mistakes in IP registration:
Incorrect identification of the object of protection
One of the most frequent problems is choosing the wrong type of protection. For example, entrepreneurs often try to register elements as trademarks that actually fall under copyright or industrial design protection. Mistakes also occur when classifying goods and services: if not all relevant Nice Classification (ICGS) classes are chosen, the brand may later remain unprotected in key areas of business.
Problems with descriptions and evidence
For inventions, utility models, and industrial designs, a correct and detailed description is critical. Insufficiently clear claims, formulas, or drawings can serve as grounds for refusal. In trademark registration, problems often arise due to lack of evidence of use or the existence of earlier similar marks. This is why a preliminary search (patent search or NCIP database check) is important.
Delays in filing applications
In intellectual property, timing plays a key role. For instance, if a competitor files an application for a similar trademark first, they will secure the exclusive right. The same applies to patents, where the priority principle gives the advantage to the earliest applicant. Missing deadlines for fee payments or submission of additional documents also leads to rejection of applications.
Registration of IP Rights for International Markets
For Belarusian companies and startups operating not only domestically but also abroad, it is essential to ensure IP protection in other jurisdictions. National registration is valid only within Belarus, so international mechanisms must be used.
International trademark registration (Madrid System)
Belarus is a member of the Madrid Agreement and its Protocol, which allows entrepreneurs to register trademarks in multiple countries through a single application. By filing through the National Center of Intellectual Property (NCIP), the applicant can select the countries where brand protection is sought. This simplifies the process, reduces costs, and enables centralized management of international trademark portfolios.
Patent protection outside Belarus
Businesses that plan to commercialize technical solutions abroad should file an international patent application. Belarus participates in the Patent Cooperation Treaty (PCT), which enables applicants to seek protection for an invention in multiple countries simultaneously. This mechanism provides up to 30 months to decide in which specific countries patent protection will be pursued, giving businesses time to assess commercialization prospects.
Copyright protection abroad
Copyright, including computer programs, databases, scientific, literary, and artistic works, is automatically protected in most countries thanks to Belarus’s membership in the Berne Convention. This means that copyright arises from the moment a work is created and is recognized without the need for registration. However, some jurisdictions (such as the U.S.), allow for additional copyright registration, which facilitates litigation and compensation claims.
Practical Recommendations for Businesses
Effective management of intellectual property requires a strategic approach. Early mistakes can be costly, especially when entering competitive markets or attracting investors.
When to register IP rights at the start and when to wait
For startups and small businesses, it is important to prioritize. For example, trademarks should be registered as early as possible to protect the brand from competitors and support marketing. Patent registration, on the other hand, can sometimes be postponed if the technology is still under development or target markets are not yet defined. However, delaying too long is risky: once information is published, competitors may exploit it.
Integrating IP registration with tax and corporate planning
IP registration impacts a company’s financial position. Intangible assets (trademarks, patents, software) can be recorded on the balance sheet and increase business capitalization. In some cases, preferential tax regimes are available, for example when operating within the Hi-Tech Park (HTP). Therefore, it is important to integrate IP protection into overall corporate strategy: structure ownership correctly, account for IP in profit distribution, and plan for investor transactions.
The role of lawyers and patent attorneys
The registration process requires knowledge of legislation and practices both in Belarus and abroad. Errors in the application or failure to meet deadlines may result in refusal of registration or limitation of legal protection. Lawyers and patent attorneys can determine a defense strategy, prepare the correct set of documents, negotiate with partners, and represent the company’s interests in disputes over infringement of rights. Their support allows businesses to minimize risks and save resources.
Conclusion
Registering intellectual property rights is not a formality, but a strategic step that directly impacts a business’s competitiveness, its investment attractiveness, and its long-term sustainability. Companies that take timely steps to protect their brands, technologies, and proprietary solutions gain not only legal security but also additional tools for growth and expansion into new markets.
The Spex team assists businesses in building an effective IP protection system: from auditing existing assets and choosing the optimal registration strategy to supporting procedures in Belarus and abroad. We know how to avoid common mistakes, minimize risks, and turn your intellectual property into a true business asset.
How to contact us
For more information or consultations on issues related to registration of intellectual property rights in Belarus, do not hesitate to contact us. We are here to help and support you.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@spex.by.
