RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 23, 2016 No. 585

Some questions of optimization of activities of the central executive bodies of the state system of legal protection of intellectual property

The Cabinet of Ministers of Ukraine decides:

1. Liquidate Public service of intellectual property, having assigned to the Ministry of Economic Development and Trade of task and function on realization of state policy in the field of intellectual property.

2. Determine that:

The Ministry of economic development and trade is legal successor of Public service of intellectual property which is liquidated, regarding realization of state policy in the field of intellectual property;

Public service of intellectual property continues to perform powers and functions on realization of state policy in the field of intellectual property before entry into force of the act of the Cabinet of Ministers of Ukraine of possibility of ensuring implementation of the specified powers and functions by the Ministry of Economic Development and Trade.

3. Carry complete property complexes of the state companies and organizations for the list according to appendix to the sphere of management of the Ministry of Economic Development and Trade.

4. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

5. Form the commission on liquidation of Public service of intellectual property (further - liquidation commission).

Approve as the chairman of liquidation commission of the deputy director of development department of innovations and intellectual property - the head of department of state policy in the field of intellectual property of the Ministry of Economic Development and Trade Paduchak Bogdan Mikhaylovich.

6. To the chairman of liquidation commission:

approve staff of liquidation commission;

provide implementation of the actions connected with liquidation of Public service of intellectual property and also with cession of property, its management relating to the sphere;

inform in six-months time the Cabinet of Ministers of Ukraine on results of the carried-out work.

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of August 23, 2016 No. 585

The list of complete property complexes of the state companies and organizations relating to the sphere of management of the Ministry of Economic Development

Code according to EGRPOU	Name of the state company and organization
31032378	State company "Ukrainian Institute of Intellectual Property"
31025266	State organization "The Ukrainian Agency on Copyright and Related Rights"
32113819	State company "Intelzashchita"

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 23, 2016 No. 585

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine

1. In appendix 1 to the resolution of the Cabinet of Ministers of Ukraine of April 5, 2014 No. 85 "Some questions limiting approval of number of workers of the device and territorial authorities of the central executive bodies, other state bodies" (The Official Bulletin of Ukraine, 2014, No. 29, Art. 814; 2015, No. 86, Art. 2882):

1) line item

"Ministry of Economic Development

863

863"

replace with such line item:

"Ministry of Economic Development

883 ****

883 ****"

2) line item

"TO GSIS

58

58"

replace with such line item:

"TO GSIS

7 *****

7 *****";

3) to add appendix with footnotes "****" and "*****" the following content:

"**** Since January 1, 2017.

***** Extreme number is established before completion of liquidation of the central executive body.".

2. In Regulations on the Ministry of Economic Development and Trade of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459 "Questions of the Ministry of Economic Development and Trade" (The Official Bulletin of Ukraine, 2014, No. 77, Art. 2183; 2015, No. 34, Art. 1010, No. 48, Art. 1541, No. 78, Art. 2603; 2016, No. 6, Art. 303, No. 20, Art. 800, No. 26, Art. 1034, No. 60, Art. 2049):

1) in Item 1:

third after words of "public-private partnership" to add the paragraph with words ", intellectual property";

word in paragraph four", intellectual property" to exclude;

2) in Item 3:

add subitem 1 with the paragraph of the following content:

"State policy in the field of intellectual property;";

to exclude the paragraph of the seventh of subitem 2;

Item 4 to add 3) with subitems 47-1 - 47-16 following contents:

"47-1) will organize in accordance with the established procedure conducting examination of requests for intellectual property items, issues patents/certificate on intellectual property items;

47-2) performs state registration of intellectual property items, carries out registration of agreements on assignment of rights for the objects of intellectual property right protected in the territory of Ukraine, license agreements;

47-3) determines authorized institutions for conducting examination of requests for intellectual property items and charges them conducting such examination;

47-4) keeps the state registers of objects of intellectual property right;

47-5) analyzes condition of application and observance of the national legal system and international treaties in the field of copyright and the related rights;

47-6) performs international cooperation in the field of intellectual property and represents the interests of Ukraine in the specified sphere in the international organizations according to the legislation;

47-7) will organize information and publishing activities in the field of intellectual property;

47-8) will organize work on preparation and retraining of specialists in questions of intellectual property;

47-9) publishes statements concerning intellectual property;

47-10) studies, generalizes and analyzes experience of foreign countries, develops and makes suggestions for improvement and harmonizations of the national legal system with regulations of international treaties which participant Ukraine is or intends to be;

47-11) provides accounting of the organizations of collective management, determines authorized organizations of collective management, exercises supervision of their activities;

47-12) will organize development of standard rates and tables of the amount of the minimum remuneration and its distribution between authors and other subjects of copyright and (or) the related rights, represents them for approval in accordance with the established procedure;

47-13) performs the actions connected with providing vosproizvoditel, importers and exporters of the copies containing objects of intellectual property right and the related rights, control brands and maintaining the Unified register of receivers of control brands;

47-14) provides assignment of the special identification codes which are subject to drawing on disks for laser systems of reading, matrix;

47-15) exercises the state supervision (control) of observance by subjects of managing, irrespective of pattern of ownership, requirements of the Laws of Ukraine "About copyright and the related rights", "About distribution of copies of audiovisual works, soundtracks, videograms, computer programs, databases" and "About features of state regulation of the activities of subjects of managing connected with production, export, import of disks for laser systems of reading";

47-16) provides administrative services in the field of intellectual property;".

3. The paragraph the eleventh the Section II and the paragraph third Item 6 of the Section III of the scheme of the direction and coordination of activities of the central executive bodies by the Cabinet of Ministers of Ukraine through the corresponding cabinet ministers of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of September 10, 2014 No. 442 "About optimization of system of the central executive bodies" (The Official Bulletin of Ukraine, 2014, No. 74, Art. 2105; 2015, No. 24, Art. 664, No. 30, Art. 873, No. 63, Art. 2092, No. 72, Art. 2363, No. 87, Art. 2907, No. 88, Art. 2927, No. 93, Art. 3170; 2016, No. 18, the Art. 722, the Art. 743, No. 60, the Art. 2062, No. 61, the Art. 2078) to exclude.

 

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