On February 12, 2026, the second session of the intellectual property consultation center for exporters took place.
The head of a Belarusian importing company dealing in carbide cutting tools manufactured in the Republic of Korea received a claim from the manufacturer’s official dealer demanding that the unauthorized use of the South Korean company’s trademark be ceased. The applicant approached the consultation center with a question regarding the possibility of replacing the international trademark of the South Korean manufacturer, which is valid in the Republic of Belarus, with its own trademark. At the same time, the importer explained that it purchases original cutting tools (cutters, saws, taps, drills, etc.) in China rather than in the Republic of Korea, which allows it to compete in the Belarusian market with the official Belarusian dealer of the Korean manufacturer in terms of pricing.
The consultant’s response was based on the provisions of the Law of the Republic of Belarus “On Trademarks and Service Marks” and the Law of the Republic of Belarus “On Counteracting Monopolistic Activity and Developing Competition.”
As previously explained on January 22, 2026, during the first session of the consultation center, in accordance with paragraph 4 of Article 20 of the Law of the Republic of Belarus “On Trademarks and Service Marks,” persons engaged in intermediary activities may, on the basis of and in accordance with an agreement, use their own trademark on the goods they sell alongside the manufacturer’s trademark, as well as place it instead of the manufacturer’s trademark.
However, the intermediary of the South Korean manufacturer of carbide cutting tools is not the importer seeking consultation, which purchases tools in China, but another Belarusian business entity acting as the official dealer of the actual manufacturer. It is this Belarusian dealer, engaged in intermediary activities, that is entitled, on the basis of an agreement with the South Korean manufacturer, to use its own trademark alongside or instead of the manufacturer’s trademark.
Thus, the Belarusian purchaser of original carbide cutting tools in China, supplying them to Belarus without the permission of the Korean manufacturer, potentially infringes the exclusive rights of the owner of the international trademark, which is valid for similar goods in Belarus.
In accordance with paragraph 3 of Article 29 of the Law of the Republic of Belarus “On Trademarks and Service Marks,” the trademark owner may, at its discretion, demand from the infringer, instead of compensation for damages, payment of compensation in the amount of 1 to 50,000 basic units, as determined by the court depending on the nature of the violation. In addition, goods on which a trademark has been unlawfully used are recognized as counterfeit.
Disputes related to the infringement of exclusive rights to trademarks are subject to consideration by the Judicial Board for Intellectual Property Cases of the Supreme Court of the Republic of Belarus. The decisions of this board are final and not subject to appeal.
Furthermore, if the Belarusian importer of South Korean tools from China covers the manufacturer’s trademark on the product packaging and affixes its own trademark, such actions will fall under the Law of the Republic of Belarus “On Counteracting Monopolistic Activity and Developing Competition.”
In accordance with Article 26 of this law, unfair competition by misleading business entities is prohibited, including with respect to: the place of manufacture (production) of goods offered for sale, the manufacturer (producer) of such goods, and the warranty obligations of the seller or manufacturer (producer).
