SURVEY LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of June 30, 2009 No. 01-08/411/1

About practice of application by economic courts of the legislation on protection of the rights to intellectual property items (on materials of the cases considered in cassation procedure by the Supreme Economic Court of Ukraine)

According to the procedure of information and for accounting in hearing of cases the overview of the disputes solved by economic courts of Ukraine in the cases connected with protection of the rights to intellectual property items on which judgments are reviewed in cassation procedure by the Supreme Economic Court of Ukraine is sent.

1. Expert opinions of the state company "Ukrainian Institute of Industrial Property" concerning discrepancy of technical solutions for declaration patents for inventions to conditions of patentospsobnost are not at the same time and decisions of authorized body on recognition of these patents invalid.

Society appealed to local economic court with the claim for duty of State department of intellectual property of the Ministry of Education and Science of Ukraine (further - Department) to publish in the statement "Industrial property" of the data concerning recognition of declaration patents for inventions invalid completely.

The decision on refusal made by local court in satisfaction of the claim with reference to part one of article 33 of the Law of Ukraine "About protection of the rights to inventions and useful models" (further - the Law) is motivated by absence at Department of obligation to perform the specified publications because the specified patents invalid judicially were not recognized.

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