ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE

of July 16, 2001 No. 521

About approval of the Instruction about provision, consideration, the publication and entering into the register of data on transfer of property on the invention (useful model) and licensing for use of the invention (useful model)

According to the Law of Ukraine "About protection of the rights to inventions and useful models"

I ORDER:

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

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

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

4. Declare invalid the order of the Ministry of Education and Science of Ukraine "About approval of the Instruction about consideration and registration of the agreement on transfer of property for the invention (useful model) and the license agreement on use of the invention (useful model)" of September 18, 2000 N 451, registered in the Ministry of Justice of Ukraine on October 2, 2000 for N675/4896.

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 on July 16, 2001 No. 521

The instruction about provision, consideration, the publication and entering into the register of data on transfer of property on the invention (useful model) and licensing for use of the invention (useful model)

1. General provisions

1.1. This Instruction is developed according to the Law of Ukraine "About protection of the rights to inventions and useful models" (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 patents of Ukraine for inventions or the State register of patents of Ukraine for useful models (further - the register) of data on transfer of property on the invention (useful model) and provision of permission (licensing) for use of the invention (useful model).

1.2. The transfer of property on the invention (useful model) is performed based on the contract on transfer of property for the invention (useful model) (further - the agreement).

Licensing for use of the invention (useful model) is performed based on the license agreement on use of the invention (useful model) (further - the license agreement).

Transfer of property on the invention (useful model) and provision of the license to use of the invention (useful model) are performed within effective period of the patent of Ukraine for the invention, the declaration patent of Ukraine for the invention, the declaration patent of Ukraine for useful model (further - the patent).

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 exclusive or non-exclusive license on use of the invention (useful model) can be granted.

The owner of the patent can grant the license to any person on use of the invention (useful model).

The licensee to which the owner of the patent transfers the right to use the invention (useful model) under the agreement on the exclusive license (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 the invention (useful model) on condition of provision to it such right the owner of the patent.

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

1.6. If the owner of the patent are several persons, then all actions connected with transfer of property on the invention (useful model) and provision of the license to use of the invention (useful model) are determined by the agreement between them, and the right to signing of documents which go to Public service can be provided to one person in the presence of the relevant power of attorney.

1.7. If one or more, but not everything, co-owners of the patent for the invention (useful model) wish to transfer the ownership to the invention (useful model) for benefit of other co-owners, then the agreement is signed between the co-owners transferring the ownership and other co-owners.

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