On June 12, 2025, another session of the consultation point on intellectual property for exporters was completed.
A Belarusian representative of a developer and manufacturer of forestry equipment, who delivered his products to forestry farms 1.5 years ago, contacted with a question about the possibility of prohibiting another Belarusian enterprise from producing a similar forestry equipment product, since it reproduces one-to-one all the design features of the previously sold product.
A leading question from the consultant allowed to find out that, having a forestry equipment product circulating in civil commerce, it is possible to easily reproduce it in one's own factory conditions.
The consultant's response was based on the norms of legislation on intellectual property.
"No, it is impossible to prohibit the production of the product if you do not have a patent for it. A prohibition on the production of the product by other persons is possible only for holders of a patent. The exclusive right to the construction or external appearance of the product is protected only in the event that the technical solution underlying the construction, and the artistic-technical solution underlying the external appearance of the product, are patented."
"In accordance with Article 8 of the Law of the Republic of Belarus "On Patents for Inventions, Utility Models, and Industrial Designs," the patent holder possesses the exclusive right to the invention, utility model, or industrial design. The exclusive right to the invention, utility model, or industrial design includes the right to use them at his discretion, if this does not violate the rights of other persons, to permit or prohibit their use by other persons."
"If an invention is not patented, it becomes publicly accessible, and others can freely use it. In other words, without a patent, one cannot prohibit anyone from producing or selling a similar product, even if you invented it or developed the external appearance first."
