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ORDER OF THE MINISTRY OF ECONOMICS OF UKRAINE

of July 9, 2024 No. 16370

About introduction of amendments to the Order of the Ministry of development of economy, trade and agricultural industry of Ukraine of March 12, 2021 No. 536-21

In pursuance of the Laws of Ukraine "About legal protection of geographical instructions", "About features of legal protection of geographical instructions for agricultural products and foodstuff, protection of the rights and application of schemes of quality, including the traditional guaranteed features for agricultural products and foodstuff", "About geographical instructions of alcoholic drinks", 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 - р "Some questions of national authority of intellectual property", I ORDER:

1. Preamble of the order of the Ministry of development of economy, trade and agricultural industry of Ukraine of March 12, 2021 to No. 536-21 "About approval of Rules of creation, giving and conducting examination of the request for registration of geographical specifying", registered in the Ministry of Justice of Ukraine on May 18, 2021 at No. 649/36271, to state in the following edition:

"According to the Laws of Ukraine "About legal protection of geographical instructions", "About features of legal protection of geographical instructions for agricultural products and foodstuff, protection of the rights and application of schemes of quality, including the traditional guaranteed features for agricultural products and foodstuff", "About geographical instructions of alcoholic drinks", 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",".

2. Make changes to Rules of creation, giving and conducting examination of the request for registration of geographical specifying, the approved order of the Ministry of development of economy, trade and agricultural industry of Ukraine of March 12, 2021 No. 536-21, registered on May 18, 2021 at No. 649/36271, having been reworded as follows them which is applied the Ministry of Justice of Ukraine.

3. In accordance with the established procedure to submit to management of intellectual property and innovations this order on state registration to the Ministry of Justice of Ukraine.

4. This order becomes effective from the date of its official publication, except the paragraph of third Item 1 of Chapter 2 of the Section II, paragraphs of the third Items 1, of the 4 and 9 Chapter 4 of the Section II, Item 2 of Chapter 5 of the Section II regarding the requirements to data of the specification of goods provided by articles 4 and 5 of the Law of Ukraine "About geographical instructions of alcoholic drinks", paragraphs of the fourth Items 1 and 3 of Chapter 1 of the Section III, paragraph two of Item 6 of Chapter 5 of the Section V regarding the term established for reconciliation procedure of the specification of the goods determined by part four of article 6 of the Law of Ukraine "About geographical instructions of alcoholic drinks", the paragraph of third Item 12 of Chapter 7 of the Section V of Rules of creation, giving and conducting examination of the request for registration of geographical specifying approved by this order which become effective along with enforcement of the Law of Ukraine of December 01, 2022 No. 2800-IX "About geographical instructions of alcoholic drinks".

5. To impose control over the implementation of this order on the deputy minister of economy of Ukraine according to distribution of obligations.

Approved by the Order of the Ministry of development of economy, trade and agricultural industry of Ukraine of March 12, 2021 No. 536-21

Rules of creation, giving and conducting examination of the request for registration of geographical specifying

I. General provisions

1. These rules determine requirements to documents of requests for registration of geographical instructions and govern the relations arising in connection with submission of requests, conducting their examination, decision making according to requests.

2. In these rules terms and reducings are used in the following values:

single information and communication system of the state organization "Ukrainian National Office of Intellectual Property and Innovations" (UKRNOIVI X) - set technical and the software providing creation, processing, sending, transfer, obtaining, storage, use and destruction of the electronic documents concerning requests for intellectual property items, the state registration of these objects and the rights to them;

the single document - the document on geographical specifying containing basic provisions of the specification and the description of interrelation of goods with the geographical circle or the geographical place of goods origin;

the request - set of the documents necessary for registration of geographical specifying;

country of source - the country in the territory of which with the geographical place geographical specifying is connected;

the representative - the representative for intellectual property (patent agent) or other authorized representative;

specially authorized body - the central executive body determined by the Cabinet of Ministers of Ukraine given authority under approval of the specification of goods and changes in it and on control of special qualities or other characteristics of goods concerning which geographical instructions, and also on delimitation of geographical places with which these special qualities or other characteristics, and producers of the specified goods within these geographical places are connected are used;

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

Other terms are used in the values given in the Laws of Ukraine "About legal protection of geographical instructions" (further - the Law), "About features of legal protection of geographical instructions for agricultural products and foodstuff, protection of the rights and application of schemes of quality, including the traditional guaranteed features for agricultural products and foodstuff", "About geographical instructions of alcoholic drinks", "About electronic documents and electronic document management", "About electronic identification and electronic confidential services".

II. Requirements to requisitioning instruments

1. Structure of the request

1. The application can be submitted in paper or electronic form (the electronic request). The method of application is chosen by the applicant.

The request shall contain:

statement for registration of geographical specifying;

single document;

the specification of goods approved by the relevant specially authorized body.

2. Foreigners, foreign legal entities and stateless persons in the request instead of the specification of goods file the documents confirming legal protection of the declared geographical specifying in the corresponding foreign state or acquisition of rights such specifying based on bona fide use if it is stipulated by the legislation the corresponding foreign state.

Such documents shall conform to requirements, stipulated in Item 2 Chapters 5 of this Section.

If the documents provided by foreigners, foreign legal entities or stateless persons do not conform to requirements, stipulated in Item 2 Chapters 5 of this Section, for possibility of implementation by specially authorized body of control of special qualities or other characteristics of goods the applicant is offered to provide the specification of goods approved by specially authorized body.

3. The request is constituted taking into account the requirements established by Chapters 2 and 3 of this Section for the form given in appendix 1 to these rules.

4. The electronic request shall contain the documents determined by Items 1 and 2 of this Chapter and is constituted taking into account the requirements established by this Section.

2. General requirements to requisitioning instruments

1. The request is constituted in Ukrainian and shall concern only one geographical specifying.

The request concerning geographical specifying for agricultural products and foodstuff is constituted taking into account requirements of articles 9-13, 15-17 of the Law of Ukraine "About features of legal protection of geographical instructions for agricultural products and foodstuff, protection of the rights and application of schemes of quality, including the traditional guaranteed features for agricultural products and foodstuff".

The request concerning geographical specifying of alcoholic drinks is constituted taking into account requirements of articles 3-6 and 9 of the Law of Ukraine "About geographical instructions of alcoholic drinks".

If for goods more than one name are used, the request can concern several names separated by virgule ("/").

2. The documents specified in Item 2 of Chapter 1 of this Section can be stated in foreign language. In that case their transfer into Ukrainian shall arrive in UKRNOIVI no later than two months from the date of application.

3. Documents of the request shall be processed so that from them it was possible to make copies or to reproduce in any other method and to store long time.

4. The request is drawn up by printing method on paper of the A4 format with use of font of Times New Roman and font of black color of 12-14 printing Items in size, font interval regular, line spacing unary.

5. Each document of the request is begun on the single sheet. The second and the subsequent pages are numbered by consistently Arab figures end-to-end numbering. Each leaf is used on the one hand with placement of lines parallel to the smaller party of leaf.

6. The request is signed by the applicant or his representative (if the application is submitted through the representative).

3. Filling of the commitment form

1. The commitment form is filled in with the applicant with observance of requirements of this Chapter and Chapters 1 and 2 of this Section. When filling the corresponding cell "" is marked with mark "?".

If data of Section 3 in the commitment form in the absence of empty seat cannot be completely placed in it, such data are attached to the request and the cell in Item 8.1 of Section 8 of the commitment form is noted by mark.

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