ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of July 19, 2019 No. 1241

About approval of provisions concerning certification of representatives for intellectual property (patent agents) and maintaining the state register of representatives in cases of intellectual property (patent agents)

According to the laws of Ukraine "About protection of the rights to inventions and useful models", "About protection of the rights to industrial designs", "About protection of the rights to signs for goods and services", "About protection of the rights to configuration of semiconductor products", "About legal protection of geographical instructions", the Regulations on the Ministry of Economics of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459 (in edition of the resolution of the Cabinet of Ministers of Ukraine of February 17, 2021 No. 124), and considering the order of the Cabinet of Ministers of Ukraine of October 28, 2022 No. 943-r "Some questions of national authority of intellectual property", I ORDER:

1. Approve such which are applied:

Regulations on certifying commission of National authority of intellectual property;

Regulations on the appeal commission of National authority of intellectual property;

Regulations on the State register of representatives for intellectual property (patent agents).

2. To department of intellectual property (Zhaldak V. A.) provide in the procedure established by the legislation submission of this order on state registration in the Ministry of Justice of Ukraine.

3. Recognize invalid the order of the State patent authority of Ukraine of August 30, 1994 as No. 95 "About approval of the regulating documents necessary for application of the Regulations on representatives for intellectual property (patent agents)", registered in the Ministry of Justice of Ukraine on September 21, 1994 for No. 222/432 (with changes), and the order of the Ministry of Education and Science of Ukraine of July 25, 2006 No. 556 "Concerning certification of representatives for intellectual property (patent agents)", registered in the Ministry of Justice of Ukraine on August 30, 2006 for No. 1021/12895 (with changes).

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order on the deputy minister of economic development and trade of Ukraine Brovchenko Yu. P.

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of July 19, 2019 No. 1241

Regulations on Certifying commission of National authority of intellectual property

I. General provisions

1. This Provision determines powers of Certifying commission of National authority of intellectual property (further - Certifying commission), its structure, procedure for forming, the requirement to her members, term of office and rules and procedures of its activities.

2. In this Provision terms are used in such value:

the security document patent for the invention, the patent for useful model, the certificate on trademark, the certificate on state registration of industrial design, the registration certificate configuration of semiconductor product;

the patent attorney-representative for intellectual property (patent agent);

UKRNOIVI-gosudarstvennaya the "Ukrainian National Office of Intellectual Property and Innovations" organization determined by the Cabinet of Ministers of Ukraine as performing functions of National authority of intellectual property.

Other terms are used in the value given in the Laws of Ukraine "About protection of the rights to inventions and useful models", "About protection of the rights to industrial designs", "About protection of the rights to signs for goods and services", "About protection of the rights to configuration of semiconductor products", "About legal protection of geographical instructions", "About electronic documents and electronic document management", "About electronic confidential services".

3. The certifying commission is the UKRNOIVI collegiate organ which main objective of activities is carrying out certification of persons which expressed intention to acquire the right to occupation activities of the patent agent.

4. The certifying commission in the activities is guided by the Constitution of Ukraine, the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, this Provision and other acts of the legislation.

5. Activities of Certifying commission are based on the principles of supremacy of law, legality, objectivity, openness, publicity and collective nature.

6. Two types of certification are carried out:

certification of candidates for patent agents for the declared activities specializations - concerning persons which expressed intention to acquire the right to occupation activities of the patent agent;

certification of patent agents for expansion of their specializations of activities - concerning persons having the right to occupation activities of the patent agent.

II. Structure, procedure for forming and work and power of Certifying commission

1. The certifying commission consists of nine members.

Four workers of UKRNOIVI, one employee of Ministry of Economics, and also four patent agents having experience of practical work in the field of legal protection of intellectual property at least ten years are part of Certifying commission.

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