By Olena Zuyeva, patent and trademark attorney | 21 June 2017
Harmonization of Ukrainian - EU patent legislation in Ukraine

This review was devoted to main problems concerning fulfilment of the program of harmonization of Ukrainian - EU patent legislation by Ukrainian legislative and governmental bodies and the reasons thereby.

The first steps for creation of legal ground for cooperation between Ukraine and EU got under way in ninetieth last century.

In 1994, it was signed the Partnership and Cooperation Agreement between the EC and its Member States and Ukraine (PCA) coming into force in 1998. The aim among others was stabilization of economy, developing favorable market relations between Ukraine and EU, providing all market participants with reliable right protection.

For fulfilment of this aim Ukraine was to insert numerous addenda and corrigenda in the main laws of Ukraine in accordance with international standards.

In 2004, it was accepted the law of Ukraine “State program of harmonization of Ukrainian - EU legislation”.

In the same 2004 the Council of Ministers of Ukraine adopted resolution about procedure of preparation and realization of annual plan of measures for fulfilment of State program of harmonization of Ukrainian - EU patent legislation.

According to aforesaid program Ukraine would have to bring first of all main laws of its national legislative base in conformity with each other.

In 2014 the European Union and Ukraine signed an Association Agreement. The main purpose of this agreement was to establish dynamic EU - Ukraine relations on a new mutually beneficial level. This oversaw conduction of reforms in Ukraine in spheres of economy, policy and legislation for conciliation with EU in this regard.

Ukraine thereby had accepted the obligation to bring national legislation and other normative legal acts in conformity with European legal system, to amend the national standards in accordance with European ones avoiding at the same time any conflict with national standards adopted before 1992.

This agreement is aimed to create free trade space anticipating import export of goods and services between Europe and Ukraine. Such flow obliges Ukraine first of all to protect external and internal market from illegitimate actions in regard of producers and providers. It means mainly legal services for protection of their intellectual property rights (IPR).

Such important mission of Ukraine requires from Ukrainian intellectual property service (now State enterprise of intellectual property UKRPATENT) and competent bodies of power attentive approach for solution of such important task with all due responsibility.

However, until now main laws of Ukraine including laws concerning IPR protection, was not brought into conformity, especially, to Civil code of Ukraine.

In the next part we continue the review in the part of contradictions between the Civil code of Ukraine and main laws of IPR protection 

Categories: Ukraine | patent law | EU