ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE

of August 3, 2001 No. 576

About approval of the Instruction about provision, consideration, the publication and entering into the register of data on transfer of property on sign for goods and services and licensing for use of sign for goods and services

According to the Law of Ukraine "About protection of the rights to signs for goods and services"

I ORDER:

1. Approve the Instruction about provision, consideration, the publication and entering into registers of data on transfer of property on sign for goods and services and licensing for use of sign (the international sign) for goods and services (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:

- Item 3 of the order of the State patent authority of Ukraine "About approval of regulations" of June 6, 1995 N 89, registered in the Ministry of Justice of Ukraine on June 21, 1995 for N180/716, and the Instruction approved by it about consideration and registration of the agreement on transfer of property for sign for goods and services and the license agreement on use of sign for goods and services registered in the Ministry of Justice of Ukraine on June 21, 1995 for N182/718;

- Items 1. 1, 1.1.1, 1.1.2, 1.1.3 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 N577/4798.

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 on August 3, 2001 No. 576

The instruction about provision, consideration, the publication and entering into registers of data on transfer of property on sign for goods and services and licensing for use of sign (the international sign) for goods and services

1. General provisions

1.1. This Instruction developed according to the Law of Ukraine "About protection of the rights to signs for goods and services" (further - the Law), the Agreement on the laws concerning trademarks of October 27, 1994 existing in the territory of Ukraine since August 1, 1996, the Madrid agreement on the international registration of signs of April 14, 1891 (further - the Madrid agreement) which participant is Ukraine since December 25, 1991, the Protocol to the Madrid agreement of June 28, 1989 (further - the Protocol) which Ukraine joined on December 29, 2000, determines the procedure of provision in Public service of intellectual property (further - Public service), acting as a part of the Ministry of Education and Science of Ukraine, and also consideration, publications and entering into the State register of certificates of Ukraine on signs for goods and services (further - the register) and the Register of license agreements about use of the international sign (further - the register of agreements) which is conducted in Public service of data on transfer of property on sign for goods and services (further sign) and provisions of permission (licensing) for use of sign, and also sign to which legal protection in Ukraine according to the Madrid agreement and the Protocol (daleemezhdunarodny sign) is provided.

1.2. The transfer of property on sign is performed based on the contract on transfer of property for sign (daleedogovor).

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

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

Licensing for use of the international sign is performed within effective period of the international registration of sign.

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

1.4. Paragraph 1 is excluded

The transfer of property on sign is not allowed if it can become the introduction reason in deception of the consumer concerning goods and service or concerning the person making goods or providing service.

1.5. Based on the license agreement the owner (licensor) can grant certificates (the international registration of sign) to any person (licensee) the exclusive or non-exclusive license on use of sign (the international sign).

The licensee to which the owner of the certificate (the international registration of sign) transfers the right to use sign (the international sign) 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 (the register of agreements) (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 sign (the international sign) on condition of provision to it such right the owner of the certificate (the international registration of sign).

1.6. The actions connected with provision in Public service of data on transfer of property on sign 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 (licensing) for use of sign (the international sign) can perform: agreement party; the representative for intellectual property (patent agent) or other authorized representative, acting for agreement parties.

1.7. If the owner of the certificate are several persons, then all actions connected with transfer of property on sign and licensing for use of sign 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.

1.8. If one or more, but not everything, co-owners of the certificate on sign wish to transfer the ownership to sign for benefit of other co-owners, then the agreement is signed between the co-owners transferring the ownership and other co-owners.

2. The documents sent to Public service

2.1. For the publication in the bulletin and entering into the register (the register of contracts) (registration) of data on transfer of property for sign and provision of permission (licensing) for use of sign (the international sign) (further - data) files such documents to Public service:

the statement for the publication and entering into the register (the register of agreements) of data (further - the statement) - 1 copy;

the agreement (license agreement) or notarially attested statement from the agreement (license agreement) - 3 copies;

the document on payment of collection for publication of data - 1 copy;

the power of attorney which is drawn up with observance of the requirement of the current legislation if documents on behalf of the agreement party are filed by the representative for intellectual property (patent agent) or other authorized representative;

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