LAW OF UKRAINE

of June 16, 2020 No. 703-IX

About introduction of amendments to some laws of Ukraine concerning creation of national authority of intellectual property

The Verkhovna Rada of Ukraine decides:

I. Make changes to such laws of Ukraine:

1. In the Law of Ukraine "About protection of the rights to industrial designs" (Sheets of the Verkhovna Rada of Ukraine, 1994, No. 7, Art. 34 with subsequent changes):

1) in Article 1:

paragraphs two and the fourteenth to state in the following edition:

"The national authority on intellectual property (further - NOIS) - the state organization which enters the state system of legal protection of intellectual property, determined at the national level and the Cabinet of Ministers of Ukraine as performing the powers in the field of intellectual property determined by this Law, other laws in the field of intellectual property, acts of the central executive body which provides forming and realizes state policy in the field of intellectual property and the charter and has the right to represent Ukraine in the international and regional organizations";

"Appeal chamber - the NOIS collegiate organ for consideration of objections against solutions of NOIS concerning acquisition of rights intellectual property items, statements for recognition of the rights to intellectual property items invalid fully or partially, statements for recognition of trademark well-known in Ukraine and considerations of other questions which are within its competence according to this Law, other laws and regulatory legal acts of Ukraine";

the fifteenth to exclude the paragraph;

the sixteenth to state the paragraph in the following edition:

"the state system of legal protection of intellectual property - the central executive body which provides forming and realizes state policy in the field of intellectual property, NOIS and set scientific, educational, information and others the corresponding specialization of the state companies, organizations, the organizations belonging to the sphere of management of the central executive body which provides forming and realizes state policy in the field of intellectual property";

add with paragraphs the seventeenth and eighteenth the following content:

"Certifying commission - the NOIS 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 representative for intellectual property (patent agent);

The appeal commission - the NOIS collegiate organ which main objective of activities is consideration of claims of candidates for representatives for intellectual property (patent agents) on the solution of certifying commission and consideration of claims to actions of representatives in cases of intellectual property (patent agents)";

Article 2 to state 2) in the following edition:

"Article 2. Powers of the central executive body which provides forming and realizes state policy in the field of intellectual property

1. Treats powers of the central executive body which provides forming and realizes state policy in the field of intellectual property:

ensuring normative legal regulation in the field of protection of the rights to industrial designs;

determination of the priority directions of development of the sphere of protection of the rights to industrial designs;

interaction and coordination with the central executive bodies, other public authorities in the course of forming and realization of state policy in the field of intellectual property, and also for the purpose of strengthening of protection of intellectual property rights;

development of suggestions for improvement of the legislation in the field of legal protection of intellectual property;

implementation of international cooperation in the field of legal protection of intellectual property and representation of interests concerning protection of the rights to industrial designs in the international organizations;

the conclusion according to the legislation of international treaties on cooperation in the field of legal protection of intellectual property;

ensuring accomplishment of the international programs and project implementations in the field of legal protection of intellectual property according to international treaties;

ensuring obligation fulfillment, following from membership of Ukraine in the international organizations in the field of legal protection of intellectual property;

interaction in accordance with the established procedure with relevant organs of foreign states and the international organizations;

approval of regulations on representatives for intellectual property (patent agents), about Certifying commission and procedure for certification of representatives for intellectual property (patent agents), about the Appeal commission, about the state register of representatives for intellectual property (patent agents);

implementation of coordination of activities of NOIS in the field of intellectual property;

control of observance of NOIS of the legislation in the field of intellectual property, use of receipts from collection of charges for the actions connected with protection of the rights to intellectual property items.

2. The central executive body which provides forming and realizes state policy in the field of intellectual property carries out other powers according to the law";

To add 3) with Articles 2-1 - 2-4 such contents:

"Article 2-1. Powers of National authority of intellectual property in the field of protection of the rights to industrial designs

1. The NOIS functions are performed by the legal entity of the public law (the state organization) formed by the central executive body which provides forming and realizes state policy in the field of intellectual property, and determined by the Cabinet of Ministers of Ukraine.

2. Belongs to the powers of authority delegated by NOIS:

order taking, conducting their examination, decision making on them;

implementation of state registration of industrial designs and issue of certificates;

recognition of the rights to industrial design invalid fully or partially according to the procedure, provided by the law;

publication of official data on industrial designs, maintaining the Register, introduction in it of data, provision of extraction and statements in electronic and (or) paper form;

implementation of international cooperation in the field of legal protection of intellectual property and representation of interests concerning protection of the rights to industrial designs in World Intellectual Property Organization and other international organizations according to the legislation;

implementation of preparation, certification and registration of representatives for intellectual property (patent agents);

maintaining the State register of representatives in cases of intellectual property (patent agents);

informing and provision of explanations concerning implementation of state policy in the field of protection of the rights to industrial designs.

3. NOIS also performs:

functions of "National department" and the "Departments" provided Hague and Geneva by acts to the Hague agreement on the international registration of industrial designs;

information and publishing activities in the field of legal protection of intellectual property;

generalization of national and international practice of application of the legislation in the field of protection of the rights to industrial designs, development of suggestions for improvement of the legislation in the specified sphere and submission of such offers to the central executive body which provides forming and realizes state policy in the field of intellectual property;

approval of methodical recommendations about conducting examination of requests and registration of industrial designs;

organization and performance of works for preparation, retraining and advanced training of personnel of the state system of legal protection of intellectual property;

other functions and powers provided by this Law, other laws and regulatory legal acts of Ukraine, the charter.

NOIS has the right to receive gratuitously from the ministries, others central and local executive bodies, local government bodies necessary for accomplishment of the powers and functions assigned to it information, documents and materials.

4. NOIS acts on the basis of the this Law, other laws of Ukraine, acts of the central executive body which provides forming and realizes state policy in the field of intellectual property, and the charter approved by the central executive body which provides forming and realizes state policy in the field of intellectual property.

5. For the purpose of ensuring accomplishment of NOIS of the delegated powers of authority the head of NOIS is authorized on signing of documents of title nature.

6. For preparation of recommendations about the questions which are within the competence NOIS, the body conducts scientific research, involves experts and consultants.

7. NOIS is headed by the head who is appointed to position and is dismissed by the central executive body which provides forming and realizes state policy in the field of intellectual property.

The head of NOIS can be the citizen of Ukraine who lives in Ukraine the last five years, fluent in state language, owns one of official languages of the World Intellectual Property Organization (WIPO), has complete higher legal education and/or education in the field of intellectual property, length of service in the field of intellectual property at least 10 years and work experience on executive positions at least five years.

The head of NOIS cannot be person who according to the judgment is deprived of the right to perform the activities connected with accomplishment of functions of the state or to hold the corresponding positions, and also was exposed to administrative punishment for corruption or the offenses connected with corruption within three years from the date of the introduction of the relevant decision of court in legal force.

The head of NOIS is appointed to position by results of open competition which is held by the central executive body which provides forming and realizes state policy in the field of intellectual property, according to established procedure of carrying out competitive selection of heads of subjects of managing of public sector of economy.

The head of NOIS has the one first deputy and two deputies who are appointed to position by the central executive body which provides forming and realizes state policy in the field of intellectual property, on representation of the head of NOIS.

8. The supervisory board is supervisory authority of NOIS which is created in structure:

two representatives of the Verkhovna Rada of Ukraine;

two representatives of the central executive body which provides forming and realizes state policy in the field of intellectual property;

one representative of the central executive body which provides forming of state policy in spheres of science and education;

one representative of public organizations of representatives in cases of intellectual property (patent agents);

one representative of National academy of Sciences of Ukraine.

Two representatives from the international and/or regional organizations in the field of intellectual property with the right of advisory vote can be part of the supervisory board.

The staff of the supervisory board affirms the central executive body which provides forming and realizes state policy in the field of intellectual property.

Members of the supervisory board fulfill the duties on a voluntary basis.

The chairman of the supervisory board and its deputies are elected members of the supervisory board from their number. The representative of the central executive body which provides forming and realizes state policy in the field of intellectual property cannot be the chairman of the supervisory board.

Implementation of supervision of financial and economic activities of NOIS, accomplishment of the estimate, use of means which are created of receipts from collection of charges for the actions connected with protection of the rights to intellectual property items belongs to powers of the supervisory board.

The supervisory board has the right:

request from NOIS any information, except information with limited access and obtain such information;

hear reports of the head of NOIS on condition of accomplishment of NOIS of its powers, on implementation of financial and economic activities, execution of the estimate, use of the means created of receipts from collection of charges for the actions connected with protection of the rights to intellectual property items and also the plan of activities of NOIS;

give the recommendation NOIS obligatory for consideration;

notify the central executive body which provides forming and realizes state policy in the field of intellectual property, about the revealed violations.

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