HARMONIZATION OF UKRAINIAN - EU PATENT LEGISLATION IN UKRAINE - PART 3
This is a part 3 of article series about contradictions between the Civil code of Ukraine and main laws of IPR protection. See part 1 and part 2
It should be noted that some provisions of the bill will be advisable.
It concerns especially some definitions, namely:
The title of “The Law about the amendments to some legal acts of Ukraine concerning improvements of legal safeguard of intellectual (industrial) property” concerns all objects of intellectual property, however therein only trademarks and industrial designs were considered.
However, the bill of “The law about the amendments to some legal acts of Ukraine concerning coordination of national legislation in relation of protection of rights on inventions and utility models” is considered nowadays (reg. No 1765 of 15.01.2017).
So, the title of first one should be somehow regulated.
Furthermore, the acquisition of rights on the industrial design will be registered as certificate (art. 462 part.2 of Economic Code of Ukraine) and entered the Register defined as the Register of industrial designs (art.1 of the bill “definitions and abbreviatures”). However, the term “Register” relates to the Register of trademarks in the electronic database of UKRPATENT. So, such contradiction should be regulated.
In the bill “The law about the amendments to some legal acts of Ukraine concerning improvements of legal safeguard of intellectual (industrial) property” a new article 251 was included. According to this article the board of appeal of UKTRPATENT will acquire new functions and authority.
According to the pos. 1 of the article 14 of “The act of the protection of rights on the industrial designs” the certificate on industrial design will be issued by the formal features”.
According to the pos. 1 of article 251 “Any person can file the opposition to the board of appeal to cancel design certificate partially or in full for the reason of disconformity for concession of the protection. The decision of the board of appeal will draw of responsibility for issuing any decision by UKRPATENT only confirming it by an order. Then the decision of the board of appeal will be published in website of UKRPATENT.
Such amendment in permitting of the board of appeal is very serious step in direction of development of proceedings in the sphere of IPR protection in Ukraine and the result can be really appreciated in future.
In general directivity of the bill of “The Law about the amendments to some legal acts of Ukraine concerning improvements of legal safeguard of intellectual (industrial) property” agrees with the provisions of constitution of Ukraine and execution of the obligations undertaken by Ukraine in relation with signed Association Agreement between European Union and Ukraine, one of main aims of which is to harmonize the legalization of Ukraine according with the European one.