ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE

of August 3, 2001 No. 577

About approval of the Instruction about provision, consideration, the publication and entering into the register of data on transfer of property on topography of integral chip and licensing for use of topography of integral chip

According to the Law of Ukraine "About protection of the rights on topography of integral chips" I ORDER:

1. Approve the Instruction about procedure for provision, consideration, the publication and entering into the register of data on transfer of property on topography of integral chip and licensing for use of topography of integral chip (further - the Instruction) which is applied.

2. To submit to State department of intellectual property the Instruction to the Ministry of Justice of Ukraine on state registration.

3. To State department of intellectual property to publish the Instruction in the statement "Industrial property".

4. Declare invalid:

- the order of the State patent authority of Ukraine "About approval of the Instruction about consideration and registration of the agreement on transfer of property for topography of integral chip and the license agreement on use of topography of integral chip" of March 9, 1998 N 21, registered in the Ministry of Justice of Ukraine on June 15, 1998 for N 382/2822;

- Items 1. 3, 1.3.1, 1.3.2, 1.3.3 of the order of the Ministry of Education and Science of Ukraine "About modification of regulating documents of Gospatent of Ukraine" of August 16, 2000 N 392, registered in the Ministry of Justice of Ukraine on September 4, 2000 for N 577/4798.

5. To impose control of execution of this order on the chairman of State department of intellectual property Paladiya M. V.

Approved by the Order of the Ministry of Education and Science of Ukraine of August 3, 2001 No. 577

The instruction about provision, consideration, the publication and entering into the register of data on transfer of property on topography of integral chip and licensing for use of topography of integral chip

1. General provisions

1.1. This Instruction developed according to the Law of Ukraine "About protection of the rights on topography of integral chips" (further the Law), determines the procedure of provision in Public service of intellectual property of Ukraine (further - Public service) which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Education and Science, youth and sport of Ukraine, consideration, the publication and entering into the State register of Ukraine of topografiya of integral chips (further - the register) data on transfer of property on the registered topography of integral chip (further - IMS topography) and issue of permission (license) for use of topography of IMS.

1.2. The transfer of property on topography of IMS is performed based on the contract on transfer of property for IMS topography (further - the agreement).

Licensing for use of topography of IMS is performed based on the license agreement about use of topography of IMS (further - the license agreement).

Transfer of property on topography of IMS and licensing for use of topography of IMS are performed within certificate effective period on IMS topography (further - the certificate).

1.3. The agreement and the license agreement are considered valid if they are concluded in writing and signed the parties.

1.4. Based on the license agreement the owner of topography of IMS (licensor) can issue to any person (licensee) the exclusive or non-exclusive license on use of topography of IMS.

The licensee to which the owner of topography of IMS transfers the right to use topography of IMS under the agreement on the exclusive license, data on which are published in the statement "Industrial property" (further - the bulletin) and are entered in the register (further the owner of the exclusive license), can within effective period of the granted license and in volume of the rights transferred to it to grant the license to use of topography of IMS on condition of provision to it such right the owner of topography of IMS.

1.5. The actions connected with provision in Public service of data on transfer of property on IMS topography can perform: agreement party; the representative for intellectual property (patent agent) or other authorized representative, acting at the request of the agreement party.

The actions connected with provision in Public service of data on issue of permission (license) for use of topography of IMS can perform: agreement party; the representative for intellectual property (patent agent) or other authorized representative, acting at the request of the agreement party.

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