Introduction Of Eurasian Industrial Design Protection

• Published date: 18 June 2021
• Subject Matter: Intellectual Property, Patent
• Law Firm: Marks & Clerk
• Author: Ms Susan Bradley

On 1 June 2021 the Eurasian Patent Office (the EAPO) accepted its first application for a Eurasian design patent. Once granted, this patent will provide design protection in the following five EAPO member states: Republic of Azerbaijan, Republic of Armenia, Republic of Kazakhstan, Kyrgyz Republic and Russian Federation. It is anticipated that EAPO design protection will eventually extend to Tajikistan, Belarus and Turkmenistan.

History of Eurasian Patent Protection

The Eurasian Patent Convention (EAPC) came into force in 1995, with the aim of preserving the system of IP protection which had been in place prior to the collapse of the USSR.

The EAPO began accepting applications for Eurasian patents on 1 January 1996, and by the end of 2020 had received over 60,000 patent applications. Of these, 3,377 were filed in 2020, the vast majority (almost 74%) via the PCT system, under which the EAPO acts as a receiving office, designated office and elected office. Around 29% of the 2020 patent applications originated in the US, and the most popular technology areas were organic chemistry, pharmaceuticals and medicines.

Eurasian patents are unitary in nature and provide protection in all eight EAPO member states: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Russian Federation, Republic of Tajikistan and Turkmenistan.

The Eurasian system includes substantive examination for novelty and inventive step; a post-grant opposition procedure; the ability to submit third party opinions; and the opportunity to appeal against EAPO decisions. The requirements for patentability under the EAPC "correspond to PCT Regulations, European Patent Convention (EPC) and to legislation of the world developed countries".

Industrial Design Protection

The creation of a Eurasian design system has been underway since at least 2017. A Memorandum of Understanding between the EAPO and the EUIPO (the European Union Intellectual property Office) was signed in 2019, providing cooperation between the two offices and enabling the EAPO to study the EUIPO's procedure for examination of industrial designs, training of examiners and use of technology.

The EAPC...