Protocol on Eurasian Design Patents Ratified by Kyrgyzstan, Azerbaijan and Armenia

On October 15, 2020, Kyrgyzstan deposited its instrument of ratification of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention.

Azerbaijan and Armenia have ratified the Protocol by adopting laws on its ratification on May 5 and May 11, 2020 respectively, but so far Kyrgyzstan is the first Eurasian Patent Organization (EAPO) member state that has deposited its instrument of ratification with the Director General of the WIPO.

The Protocol was adopted by EAPO member states on September 9, 2019, introducing the Eurasian system of protection for industrial design patents, along with the already existing regional protection for inventions.

There are eight EAPO member states: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Turkmenistan. So far, the EAPO member states that have signed the Protocol are Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan, Russia and Tajikistan, while the delegations of the remaining two members, Belarus 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 three months after the third state deposits its instrument of ratification. In all other member states, the Protocol will enter into force three months after the state’s accession or deposit of its instrument of ratification.

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 applicants will follow uniform examination requirements, use only the official language of the EAPO – Russian, and pay a uniform procedural fee. Once granted, Eurasian design patents will be valid for five years counting from the application filing date, and will be renewable for additional five-year periods up to four more times, so that the maximum term of protection does not exceed 25 years from the application filing date.

Prepared by: Anastasia Khioni

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Source: Eurasian Patent Organization website