On October 27, the 15th session of the Intellectual Property Advisory Office for exporters ends
The Belarusian trademark holder on industrial cleaning products was denied the procurement procedure after placing the contract production of goods in another country and deciding to participate in public procurement using the procurement procedure from one source.
The question concerned the legality of the refusal.
The answer concerned the list of cases of public procurement using the procurement procedure from a single source (appendix to the new edition of July 17, 2018 No. 136-Z of the Law of the Republic of Belarus "On Public Procurement of Goods (Works, Services)) No. 419-Z of 13.07.2012 does not regard the purchase of goods marked with a trademark from a person, having exclusive rights in respect of the purchased goods, as cases of application of the procurement procedure from a single source.
The list of cases may include the acquisition of property rights to intellectual property objects, including a trademark, from a person who has exclusive rights to the corresponding intellectual property object.
The consultantee was advised to conclude a license agreement for each batch of goods for the use of its trademark with the buyers of the cleaning agent.
At the same time, it is important to correctly indicate the subject of the agreement.
