LAW OF UKRAINE

of July 21, 2020 No. 816-IX

About modification of some legal acts of Ukraine concerning reform of the patent legislation

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. Part the second Article 460 of the Civil code of Ukraine (2003, 356) to state sheets of the Verkhovna Rada of Ukraine to Art. No. No. 40-44, in such edition:

"2. The device or process in any sphere of technology can be object of useful model".

2. In the Law of Ukraine "About protection of the rights to inventions and useful models" (Sheets of the Verkhovna Rada of Ukraine, 2000, No. 37, Art. 307 with subsequent changes):

1) in Article 1:

the paragraph one to state in the following edition:

"In this Law the stated below terms and reducings are used in such value";

the fourth, sixth, fourteenth to state paragraphs in the following edition:

"the invention (useful model) - result of intellectual, creative activities of the person in any sphere of technology";

"the confidential invention (confidential useful model) - the invention (useful model) containing information carried to the state secret, the rights to which make sure the patent for the confidential invention (confidential useful model)";

"the patent (the patent for the invention, the patent for the confidential invention, the patent for useful model, the patent for confidential useful model) - the security document certifying priority, authorship and the rights to the invention (useful model)";

the fifteenth - the nineteenth to exclude paragraphs;

paragraphs the twenty fourth, the twenty sixth, twenty ninth and thirty first to state in the following edition:

"the license - the permission of the owner of the patent (licensor) issued to other person (licensee) to use of the invention (useful model) under certain conditions";

"the request - set of the documents necessary for state registration of the invention (useful model)";

"priority date - date of application in Organization or in relevant organ of the State Party of the Parisian convention on protection of industrial property or the Agreement on organization of the World Trade Organization on which the priority is declared;

"The register - the State register of Ukraine of inventions, the State register of Ukraine of confidential inventions, the State register of Ukraine of useful models, the State register of Ukraine of confidential useful models which are kept electronically";

add with new paragraphs of such content:

"biological material - material which contains genetic information and can replicate or be recreated in biological system;

The bulletin - the official electronic bulletin of Organization;

VOIS - World Intellectual Property Organization;

state registration of the invention (useful model) - state registration of intellectual property right on the invention (useful model);

the rights to the invention (useful model) - intellectual property rights on the invention (useful model)";

2) in Article 3:

in part one:

third to state the paragraph in the following edition:

"provides state registration of inventions and useful models and grants patents";

after the paragraph of third to add with the new paragraph of such content:

"recognizes invalid the rights to inventions and useful models".

With respect thereto the fourth - the eleventh to consider paragraphs respectively paragraphs the fifth - the twelfth;

add with part three of the following content:

"3. On documents which accepts or approves according to this Law Organization the qualified digital signature can be used. Submission to Organization of documents electronically and issue of documents by Organization are electronically performed according to the legislation in the field of electronic documents and electronic document management, this Law and rules established by the central executive body providing forming of state policy in the field of intellectual property";

The text of Article 4 to state 3) in the following edition:

"If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those that are stipulated by the legislation Ukraine about inventions (useful models), rules of the international treaty are applied";

4) in Article 5:

in the name of the word of "foreign persons and stateless persons" shall be replaced with words "foreign and other persons";

in part one of the word "Foreign Persons and Stateless Persons" shall be replaced with words "Foreigners, stateless persons and foreign legal entities", and the word "persons" - words "citizens and legal entities";

the second to state part in the following edition:

"2. Foreigners, stateless persons, foreign legal entities and other persons who have the permanent residence or the permanent location outside Ukraine in the relations with Organization exercise the rights through representatives for intellectual property (patent agents) registered according to provision which affirms the central executive body providing forming of state policy in the field of intellectual property except the cases established by part three of this Article";

add with part three of the following content:

"3. Foreigners, stateless persons, foreign legal entities and other persons who have the permanent residence or the permanent location outside Ukraine can independently make the following actions:

submit the application for establishment of date of its giving;

pay charges and the state fee;

provide copies of earlier submitted application for establishment of date of application according to article 13 of this Law;

provide copies of the previous request for establishment of priority date according to article 15 of this Law;

receive receipts and notifications concerning any of the actions specified in paragraphs the second - the fifth this part, on condition of specifying in materials of the request of the address for correspondence in the territory of Ukraine";

5) in Article 6:

in word part one to "the principles of humanity and morals" shall be replaced with words to "the conventional principles of morals";

second and third to state parts in the following edition:

"2. Subject of the invention, legal protection, it is provided to which in connection therewith the Law, can be product (the device, substance, microorganism strain, culture of cages of plant and animal, etc.), process (method).

Object of useful model, legal protection, it is provided to which according to this Law, can be the device or process (method).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info