IMPLEMENTATION OF EU-UKRAINE ASSOCIATION AGREEMENT. INTELLECTUAL PROPERTY ASPECTS
The EU-Ukraine association agreement came into force from 1st of September 2017. From this date provisions of the agreement will be actually implemented as provisions of international agreement which was signed by the Ukraine. Thus, there will be some changes in Ukrainian legislation, concerning the intellectual property protection.
The main changes include:
Trademarks:
During examination process the following new grounds for refusal or invalidity of a trademark registration will be used:
- Trademarks consisting exclusively of signs or indications which become customary in the current language or in the bona fide and in established trade practice.
- The UKRPATENT may now provide any other grounds for refusal concerning rights earlier acquired.
The term of non-use (in meaning of cancellation of trademark registration) will be increased up to five years instead of three.
Industrial designs:
- Period of protection of industrial design registration is increased up to twenty-five years instead of fifteen.
- If an industrial design constitutes an unauthorized use of works protected under the copyright law of the Party of interest a ground of invalidity or refusal of industrial design registration will be used.
- Registered industrial designs have status of certificate.
Patents:
The period of protection of medical and plant products will be increased depending on term of an authorization of placing the product on the market. This specific term will be calculated from a date of filing patent application to UKRPATENT up to the fist authorization. The final period of validity of patent protection will be increased for mentioned period excluding five years.
Medical products for which the pediatric examine had been carried out a term of validity will increase on 6 months.
At first sight the main changes concern the terms only, but I would like to note that some changes, e.g. “direct indication of unauthorized use of works protected under the copyright law in industrial design registration…”, will make it easier to protect the rights of intellectual property in Ukraine. Now it should be waited for an actual implementation of mentioned changes.