Protocol to the Eurasian Patent Convention on the Protection of Industrial Designs enters into force

On March 17, 2021, the Protocol to the Eurasian Patent Convention of September 9, 1994, on the Protection of Industrial Designs, enters into force.

According to article 22 of the Protocol, it enters into force for the first three states that have ratified or acceded to it three months after the deposit of the instrument of ratification or accession by the third state with the depositary (World Intellectual Property Organization). On December 17, 2020 Armenia became the third such state (the first two were Kyrgyzstan and Azerbaijan).

The Russian instrument of ratification was deposited on January 11, 2021, during the visit of the of the Head of Rospatent Grigory Ivliev to Geneva. Thus, for the Russian Federation the Protocol will enter into force on April 11, 2021.

The Protocol adds industrial design as a new IP object to the Eurasian patent system. An applicant can obtain legal protection of an industrial design in the territory of all EAPO member states party to the Protocol on the basis of a single application filed with the Eurasian Patent Office in the Russian language.

NOTE: the implementation of the Protocol will require the adoption by the EAPO of a number of internal regulations. Therefore, the starting date for accepting applications for Eurasian industrial designs will be determined by the decision of the Administrative Council of the EAPO, which is scheduled for April 14, 2021.