Protection of intellectual property rights
Agreement on protection of intellectual property rights between
The Government of the Republic of Belarus and the Government of the People’s Republic of China hereinafter referred to as Parties
with regard to the importance of effective intellectual property rights protection for the development of mutually-beneficial cooperation in the field of economy, trade, science and culture between the two states,
with intention to establish favorable conditions for this cooperation and to extend cooperation in the sphere of intellectual property rights protection based on principles of equality and mutual benefit,
agreed as follows:
For the purposes of the present Agreement:
The notion “intellectual property” is understood in accordance with Article 2 of the Convention establishing the World Intellectual Property Organization signed in Stockholm on July, 14 1967 and includes the rights dealing with:
literary, art and scientific works,
artists’ performance, sound record, radio and television programs,
inventions in all fields, scientific discoveries,
trade marks, service marks, brand names,
protection against unfair competition,
as well as other rights dealing with intellectual property in industrial, scientific, literary and art fields;
The notion “industrial property” is understood in accordance with Article 11 of Paris Convention for the Protection of Industrial Property reviewed in Stockholm on July, 14 1967.
The Parties shall provide each other with effective intellectual property rights protection in accordance with the legislation and rules of both the countries as well as with the international agreements that they are involved in.
In order to effectively perform the present Agreement the parties shall:
coordinate the issues connected with intellectual property rights protection and promote the signing of the cooperation agreements in the field of intellectual property rights protection between the corresponding bodies and organizations of both the countries;
perform information exchange on the intellectual property legislation;
perform exchange of patent information as well as experience of its processing and use;
perform exchange of experience and discuss possible ways of harmonization of procedures of industrial property subjects examination;
train and improve professional skills of the specialists dealing with intellectual property rights protection;
perform exchange of experience in international cooperation and information on participation in multilateral international treaties on intellectual property of both the Parties and implementation of these treaties;
perform regularly information exchange on trade and economic, scientific and technical cooperation between the two countries as well as the information on technologies transfer contributing to sustainable development and expansion of the technological exchange;
arrange exhibitions devoted to intellectual property issues as well as seminars and meetings on technological exchange and intellectual property rights protection;
provide organizations with support when dealing with intellectual property rights protection issues;
conduct other forms of cooperation agreed by the Parties.
The Parties shall guarantee intellectual property rights of physical bodies and/or legal entities of the Parties to be observed in compliance with the legislation of both the countries.
The Parties shall include provisions for intellectual property into the corresponding bilateral agreements. Cooperation agreements in the sphere of economy, industry science, technology and culture shall not contravene the present agreement.
In compliance with the legislation and rules of their countries the Parties when transmitting engineering, technologies and copyrightable objects shall take effective measures in order to protect legal rights and interests of physical bodies, legal entities and organizations not being legal entities of the other Party in the sphere of intellectual property and shall intensify the exchange and develop cooperation in the field of information connected with technologies management, transfer and registration.
The relevant authorities of the parties shall intensify information exchange on intellectual property rights protection. As soon as the information on infringement of intellectual property rights received from copyright holders of one of the Parties is available, the competent authority of the other Party reacts to the infringement in compliance with the legislation and rules of its country.
In compliance with the current legislation of the countries and international treaties they are involved in the Parties shall take all available measures including criminal and administrative ones in order to suppress manufacturing, distribution on the territory of their countries and export from the territory of their countries of goods which manufacturing infringes on copyright, allied rights, copyright holders and trademark holders rights.
Shall the accomplishment of bilateral cooperation presuppose intellectual property objects set-up and use on terms of confidentiality or confidential information transfer, the contracts include confidentiality provisions. In this case the organizations of the Parties shall meet confidentiality obligations under the legislation and rules of their country and agreements and contracts reached.
In compliance with the legislation and not violating confidentiality custom authorities of both the countries provide intellectual rights holders with opportunity to supervise any goods detained by custom authorities.
Custom agencies are authorized to provide importers with opportunity to supervise any such goods and authorities to let the intellectual property holder know names and addresses of consignors, importers, consignees on the territory of their country as well as the goods quantity.
State Patent Committee of the Republic of Belarus, Ministry of Justice of the Republic of Belarus on one hand, and Chinese Ministry of Foreign Trade and Economic Cooperation on the other hand are the bodies responsible for implementation of the present Agreement.
The above mentioned authorities shall coordinate the conduct of mutual working visits and consultancies between the agencies responsible for national policy in the sphere of intellectual property aimed at discussion of issues connected with the implementation of the present Agreement.
In order to implement the present Agreement the above mentioned authorities shall develop and submit for approval the working program.
Any disagreement between the Parties concerning interpretation and implementation of the present Agreement shall be settled by means of talks between the parties and their competent authorities or through the diplomatic channels.
The present Agreement shall not violate contractual rights and responsibilities of the Parties under other international agreements.
By mutual consent the Parties can make amendments and alterations in the present Agreement that take the form of a protocol and make an integral part of the present Agreement.
The present Agreement comes into effect 30 days upon the date of the latest letter receipt notifying of completion by the Parties of internal procedures needed for the Agreement to come into effect. The present Agreement is concluded for five years and can be automatically prolonged for further 2-year periods, unless either Party notifies in writing through the diplomatic channels of its intention to terminate the Agreement 6 months before its expiration.
The Agreement is signed in Beijing on April, 23 2001 and drawn up in two copies, in the Belarusian, Chinese, English and Russian languages, each being equally valid. Shall any divergence in understanding of provisions of the present Agreement occur, the English version of the Agreement has the priority.