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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 15, 2023 No. 859

About modification of the Payment procedure of charges for the actions connected with protection of the rights to intellectual property items

The Cabinet of Ministers of Ukraine decides:

1. Bring in the Payment procedure of charges for the actions connected with protection of the rights to intellectual property items, the Cabinet of Ministers of Ukraine approved by the resolution of December 23, 2004 No. 1716 (The Official Bulletin of Ukraine, 2004, No. 51, Art. 3354; 2019, No. 49, Art. 1666; 2021, No. 3, the Art. 160), the enclosed changes.

2. This resolution becomes effective in 30 days from the date of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 15, 2023 No. 859

Changes which are made to the Payment procedure of charges for the actions connected with protection of the rights to intellectual property items

1. 3, 3-1, 3-2 and 3-4 to state Items in the following edition:

"3. The physical person which is the applicant, the owner of the corresponding patent or the owner of the certificate on state registration of industrial design or the registration certificate of configuration of semiconductor product pays each collection for the actions connected with protection of the rights to such objects, except for charges by codes 13300, of 13400, of 13700, of 22200, of 22400, 32100 and 32300 according to appendix in the amount of:

10 percent of the established amount of collection according to appendix - in case when specified persons are inventors of the invention or authors of configuration of semiconductor product;

20 percent of the established amount of collection according to appendix - in case when specified persons are inventors of useful model or authors of industrial design.

3-1. Non-profitable organizations and the organizations which are applicants or owners of the patent for the invention (useful model) pay each collection for the actions connected with protection of the rights to such objects, except for charges by codes 13300, of 13400, 13500 and 13700 according to appendix in the amount of:

12 percent of the established amount of collection according to appendix - if specified persons are applicants according to the request for the invention or owners of the corresponding patent;

30 percent of the established amount of collection according to appendix - if specified persons are applicants according to the request for useful model or owners of the corresponding patent.

3-2. If applicant or the owner of the patent for the invention (useful model) is the inventor of the invention (useful model) together with non-profitable organization or the organization, each collection is paid for the actions connected with protection of the rights to such objects, except for charges by codes 13300, of 13400, 13500 and 13700 according to appendix in the amount of:

15 percent of the established amount of collection according to appendix - if specified persons are applicants according to the request for the invention or owners of the corresponding patent;

40 percent of the established amount of collection according to appendix - in case when specified persons are applicants according to the request for useful model or owners of the corresponding patent.";

"3-4. In case of further within five years from the date of state registration of the invention (useful model), industrial design or configuration of semiconductor product of assignment of rights on the corresponding patent or the certificate to person to whom reduction of the amount of collection according to Items 3, 3-1 and 3-2 presents of the Procedure is not applied or inclusion of such person in the list of owners of the corresponding patent or certificate, such transfer or inclusion is performed on condition of surcharge of the charges paid for the last three years before such transfer or inclusion to the complete size established according to appendix.".

2. Add the Procedure with Item 3-5 of the following content:

"3-5. In case of application for intellectual property item electronically the amount of charges by codes:

10100, 20100, 30100 and 50100 according to appendix are paid in the amount of 80 percent of the size established by the corresponding code;

40100 or 40200 according to appendix - in the amount of 75 percent of the size established by the corresponding code.

The amount of collection for application for intellectual property item is electronically determined by the amount of collection to which the basis for reduction/increase in its size is applied.".

3. Third item 4 to state the paragraph in the following edition:

"Receipts from charges have purpose and in the procedure established by Ministry of Economics are used only for ensuring development and functioning of the state system of legal protection of intellectual property, including for financing of actions of the state stimulation of creation and use of inventions (useful models), industrial designs. Information on amount of the received means which arrived into accounts of National authority of intellectual property as charges will be promulgated on the official website of National authority of intellectual property in real time and shall contain: collection code, collection type, amount of receipt from collection. Reports on use of receipts from charges for the actions connected with protection of the rights to intellectual property items are published on the official website of National authority of intellectual property quarterly to the 25th following the accounting period, and annually till February 28.".

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