Launch Date of Eurasian Industrial Designs Announced
From 1st June 2021 it will be possible to apply for a Eurasian Design, with applications able to be made either directly with the Eurasian Patent Office or through one of the member states.
The Eurasian Design right was established in principle on 9th September 2019 within the framework of the Eurasian Patent Convention by way of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention. Following subsequent ratifications by five of the eight member states of the Eurasian Patent Convention and the establishment of the regulations and fees the EAPO Administrative Council decided that the Eurasian Design system will commence accepting filings from 1st June 2021.
The five states that have ratified the Protocol are Armenia, Azerbaijan, Kazakhstan, Kyrgyz Republic and the Russian Federation. Eurasian Design rights will initially have effect in these countries through the filing of a single application. When the remaining Eurasian Patent Convention members – Belarus, Tajikistan and Turkmenistan – ratify or accede to the Protocol, Eurasian Design applications filed 3-months or more after their ratification or accession date will have effect in those countries.
Applications need to be filed in Russian and can claim the right of priority in accordance with the Paris Convention. It will have a pre-grant opposition system. Where registration is denied the applicant will have 6-months to convert it into national applications. The initial term will be for five years, and will be renewable in five year increments up to a maximum term of 25 years from the application date. Assignment can only be made in respect of all the member states in which it has effect.
Author: Quinn Miller
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