LAW OF UKRAINE

of July 21, 2020 No. 815-IX

About modification of some legal acts of Ukraine concerning strengthening of protection and protection of the rights to trademarks and industrial designs and fight against patent abuses

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Economic code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 18-22, 144):

1) in Article 156:

state part one in the following edition:

"1. The intellectual property right on the invention, useful model according to the legislation makes sure the patent for industrial design - the certificate";

the second after the word of "patent" to add part with the word of "(certificate)";

third to state part in the following edition:

"3. Conditions of use of the invention, useful model, industrial design in the field of managing are determined by the laws";

in part four of the word "uses" shall be replaced with words "the previous user";

the fifth to state part in the following edition:

"5. Property rights of intellectual property on the invention, useful model, industrial design can be transmitted to the authorized capital of the subject of managing as contribution.

Within thirty days after completion of action of the property rights of intellectual property on the invention, useful model, industrial design transmitted to the authorized capital of the subject of managing as contribution, the size of the authorized capital of the subject of managing shall be reduced by the amount corresponding to the size of their cost assessment";

2) in Article 157:

the second to state part in the following edition:

"2. Conditions of use of trademark in the field of managing are determined by the law";

in word part three to "owner" and "except as specified lawful use of trademark without its permission" to replace respectively with words to "owner" and "except the cases provided by the law";

the fourth and fifth to exclude parts;

the sixth to state part in the following edition:

"6. Property rights of intellectual property on trademark can be transferred in the authorized capital of the subject of managing as contribution";

Article 158 to exclude 3).

2. In the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, No. No. 40-44, of the Art. 356):

1) in Article 461:

add part one with the words "also has individual nature";

the second to state part in the following edition:

"2. Appearance of product or its part which is determined, in particular, by lines, contours, color, form, texture and/or material of product, and/or its finishing can be industrial design";

2) in Article 462:

state part one in the following edition:

"1. The intellectual property right on the invention, useful model, industrial design is subject to state registration if other is not established by the law or the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine. Acquisition of right of intellectual property to the invention and useful model makes sure the patent for industrial design - the certificate";

in word part two "set of essential signs of industrial design" shall be replaced with words "the image of industrial design";

third to state part in the following edition:

"3. Conditions and procedure for state registration of intellectual property right on the invention, useful model, industrial design, and also conditions and procedure for patent grant, the certificate are established by the law";

Part the second articles 464 after the word of "patent" to add 3) with the word of "(certificate)";

Part the fifth Article 465 to state 4) in the following edition:

"5. Effective period of exclusive property rights of intellectual property on industrial design constitutes five years of date of submission of the request for industrial design in the procedure established by the law and is prolonged according to the petition of the owner of industrial design on one or more five-year terms. Aggregate term of action of the specified rights cannot exceed twenty five years of date of application";

"Following date" to exclude 5) in Article 496 of the word.

3. 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:

the name and paragraph one to state in the following edition:

"Article 1. Determination of terms

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

paragraphs third, the fifth, the sixth, the eighth, eleventh and thirteenth to state in the following edition:

"industrial design - result of intellectual, creative activities of the person in industry of art designing";

"the certificate - the certificate on state registration of industrial design;

the registered industrial design - industrial design, data on which are entered in the Register and on which the certificate is granted";

"the request - set of the documents necessary for state registration of industrial design";

"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 industrial designs which maintaining is performed electronically";

add with paragraphs the seventeenth - the twenty fifth the following content:

"The bulletin - the official electronic bulletin of Organization;

product - any subject of industrial production or manual operation, including the parts intended for assembly in combined product, packaging, external design, graphical symbols and typographical fonts (elements) except computer programs;

the owner of industrial design - the owner of intellectual property rights on the registered industrial design and/or the unregistered industrial design;

VOIS - World Intellectual Property Organization;

the international registration - the international registration of industrial design performed according to the Hague agreement on the international registration of industrial designs;

MKPO - International classification of industrial designs;

the rights to industrial design - intellectual property rights on industrial design;

collected product - the product consisting of several elements which can be replaced in such a way that does possible disassembly and the subsequent assembly of product;

degree of freedom of the author - the restrictions of opportunities of the author on solution development of appearance of product of certain appointment connected, in particular, with functional features of product";

2) in Article 2:

third Item 1 to state the paragraph in the following edition:

"provides state registration of industrial designs and grants certificates";

add with Item 3 following of content:

"3. On documents which accepts or approves Organization according to this Law, the qualified digital signature can be used. Submission of documents electronically to Organization and issue of documents to them 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";

Article 3 after words "international treaty" to add 3) with the words "which consent to be bound is provided by the Verkhovna Rada of Ukraine";

4) in Article 4:

state the name in the following edition:

"Article 4. Rights and obligations of foreign and other persons";

in Item 1 of the word "Foreigners and Stateless Persons" shall be replaced with words "Foreign persons and stateless persons", and the word "citizens" - the word "persons";

in Item 2 of the word "Foreigners and Stateless Persons" shall be replaced with words "Foreigners, stateless persons, foreign legal entities and other persons who have the permanent residence or the permanent location outside Ukraine", and words "(patent agents)" - words of "(patent agents)";

Articles 5 and 6 to state 5) in the following edition:

"Article 5. Conditions of provision of legal protection

1. Legal protection is provided to industrial design which does not contradict public procedure, the conventional principles of morals and answers criteria of protectability.

2. Appearance of product or its part which is determined, in particular, by lines, contours, color, form, texture and/or material of product, and/or its finishing can be industrial design.

3. With respect thereto the Law cannot receive legal protection:

objects of unstable form from liquid, gaseous, loose or similar it substances and so forth;

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