The expansion of the range of IP types protected by the Eurasian Patent System is a key development area for the Eurasian Patent Organization and is provided for by the Development Program of the Eurasian Patent Organization for 2023–2028.

As a result of the research and scientific activities carried out by the Eurasian Patent Office together with leading examiners of the Russian Federation and the Republic of Belarus in 2023, a scientific base has been prepared for the creation of a Eurasian system for the legal protection of trademarks and service marks and a Eurasian System for the legal protection of utility models.

The following results are fundamental for the achievement of the strategic goals and objectives of the EAPO:

Development of a draft concept of the Eurasian system for the legal protection of trademarks and service marks:

• the draft concept of the Eurasian system for the registration of trademarks and service marks, which provides for the creation of a transparent system for the legal protection of trademarks based on the unity of approaches and which takes the requirements of national legislation into account
• the draft Protocol on the Protection of Trademarks and Service Marks under the Eurasian Patent Convention dated September 9, 1994
• the draft Statute on Fees of the Eurasian Patent Organization for Legally Significant and Other Actions Performed in Relation to Applications for Unified Eurasian Trademarks and Registered Unified Eurasian Trademarks
• the draft Instructions under the Protocol on the Protection of Trademarks and Service Marks under the Eurasian Patent Convention dated September 9, 1994

Scientifically justified proposals on the creation of a Eurasian System for the legal protection of utility models:

• draft Protocol on the Protection of Utility Models under the Eurasian Patent Convention dated September 9, 1994
• draft Patent Regulations under the Eurasian Patent Convention
• draft Statute on Fees for legally significant and other actions performed in relation to Eurasian utility model applications and Eurasian utility model patents

 

The research and scientific project for the Unified Eurasian Patent Space as a Driver of the Economic Development of the Eurasian Region highlights the need to ensure the free movement of goods and services in the unified Eurasian market. The territorial nature of IP rights is one obstacle: entrepreneurs are forced to obtain separate legal protection in each state, which entails high resource and time expenditures.

The results of the research and scientific work contain the conclusion that the creation of a regional trademark registration system may be one effective tool, while the EAEU trademark registration system which has been developed since 2020 fails to solve the existing issues and narrows the possibilities for the unrestricted movement of goods and services. In this regard, the research and scientific work suggests the creation of an alternative registration system, a Unified Eurasian Trademark based on the Eurasian Patent System, which is underlain by the provisions of the EAPC as the international treaty that established the EAPO. The effect of the Unified Eurasian Trademark will be extended to the territory of 8 countries: the five (5) EAEU countries and the Republic of Azerbaijan, the Republic of Tajikistan, and Turkmenistan by analogy with the Unified Eurasian Patent. The tool will be in demand by both applicants from the states of the Eurasian region and the business sectors of third countries entering the Eurasian market. The Unified Eurasian Trademark will exist concurrently with the EAEU Trademark.

 

The results of the research and scientific activities carried out by the Eurasian Patent Office in 2023 are available at:

https://www.eapo.org/documents/nauchno-issledovatelskaya-deyatelnost-eapv/