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Ministry of Justice of Ukraine

March 12, 2019

No. 251/33222

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of February 13, 2019 No. 217

About approval of the Instruction for registration by the state inspectors on questions of intellectual property of the Ministry of Economic Development and Trade of Ukraine of materials about administrative offenses

According to Item 10 parts one of article 255 of the Code of Ukraine about administrative offenses and for the purpose of observance by the state inspectors on questions of intellectual property of the Ministry of Economic Development and Trade of Ukraine legislations in case of registration by them of materials about administrative offenses of PRIKAZYVAYU:

1. Approve the Instruction for registration by the state inspectors on questions of intellectual property of the Ministry of Economic Development and Trade of Ukraine of materials about administrative offenses which is attached.

2. To submit to department of intellectual property in the procedure established by the legislation this order on state registration to the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control of execution of this order on the deputy minister of economic development and trade of Ukraine Brovchenko Yu. P.

The first vice-Prime Minister of Ukraine - the Minister of Economic Development and Trade of Ukraine

S. I. Kubiv

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of February 13, 2019 No. 217

Instruction for registration by the state inspectors on questions of intellectual property of the Ministry of Economic Development and Trade of Ukraine of materials about administrative offenses

I. General provisions

1. This Instruction is developed according to Articles 221, 255 Codes of Ukraine about administrative offenses (further - the Code), establishes the mechanism of creation and representation by the state inspectors on questions of intellectual property of the Ministry of Economic Development and Trade of Ukraine (further - the state inspector) to bodies, authorized to consider cases on administrative offenses, protocols and materials about the administrative offenses provided by Articles 51-2, 164-9, 164-13, 164-17, 164-18 and 186-7 (regarding nondelivery or violation of delivery date of the obligatory complimentary copy of patent documents) the Code.

2. If the offense is made by several persons, the protocol on administrative offense is constituted on each person separately. In case of making by one person of several separate administrative offenses protocols are constituted concerning each of committed offenses.

3. During execution of the protocol on administrative offense and the direction it in court should be considered that penalty can be imposed no later than in three months from the date of making of offense, and in case of the lasting offense - no later than in three months from the date of its detection.

4. The protocol on administrative offense is constituted in the presence of person brought to the administrative responsibility.

II. Execution of the protocol on administrative offense

1. The protocol on administrative offense, responsibility for which making is provided by Articles 51-2, 164-9, 164-13, 164-17, 164-18 and 186-7 (regarding nondelivery or violation of delivery date of the obligatory complimentary copy of patent documents) the Code, is constituted no later than twenty four hours from the moment of identification of person who made offense according to appendix 1 to this Instruction with indication of data according to part one of article 256 of the Code.

2. The protocol on administrative offense is constituted in Ukrainian with use of the computer equipment or legible handwriting on printing forms. Deletion or correction of data which are entered in the protocol, and also introduction of additional records after signing of the protocol by person concerning which it is constituted are not allowed. In case of assumption of violations during execution of the protocol its filled form is considered spoiled.

In columns which are not filled in in case of creation of the protocol the crossed out section is put.

3. During creation of the protocol on administrative offense part of the relevant article of the Code according to which there comes the administrative responsibility surely is specified.

4. In case of statement of circumstances of offense in the protocol the place and time of its making and detection, offense essence what illegal actions or failure to act were made by person brought to the administrative responsibility and what provisions of the legislation are broken by it, information on object of intellectual property right with which illegal actions became offense subject, other data necessary for permission of case are specified.

If the offense causes material damage, about it it is also specified in the protocol.

5. If there are witnesses of offense and the victims (the person of law of intellectual property whose rights are violated), their surnames, names and middle names, positions, residential addresses are entered in minutes, and also their signatures are appended.

6. The state inspector shall explain to person concerning whom the protocol on administrative offense, its rights and obligation provided by Articles 55, of 56, 59 and 63 Constitutions of Ukraine, part one of article 268 of the Code is constituted about what the mark in the protocol becomes.

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