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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 10, 1994 No. 545

About approval of the Regulations on representatives in cases of intellectual property (patent agents)

(as amended on 18-08-2021)

According to the Laws of Ukraine, "About protection of the rights to inventions and useful models", "About protection of the rights to industrial designs" and "About protection of the rights to signs for goods and services" the Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on representatives in cases of intellectual property (patent agents) which are applied.

2. To the state patent to approve the regulating documents necessary for application of the Regulations on representatives in cases of intellectual property (patent agents) in a month.

Prime Minister of Ukraine

V. Masol

Minister of the Cabinet of Ministers of Ukraine

V. Pustovoytenko

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 10, 1994 No. 545

Regulations on representatives for intellectual property (patent agents)

General part

1. This Provision according to the laws of Ukraine in the sphere of protection of the rights to intellectual property items determines legal status of representatives for intellectual property (patent agents) and governs the relations connected with acquisition, realization and suspension of the right to be engaged in activities of the patent agent.

This Provision does not extend to representatives concerning intellectual property on plant varieties which carry out the activities according to the Law of Ukraine "About protection of the rights to plant varieties" to the Provision approved by the resolution of the Cabinet of Ministers of Ukraine of August 19, 2002 No. 1183.

2. The patent agent provides to physical persons and legal entities (further - faces which he represents) the help and services connected with protection of the rights to intellectual property items represents the interests of specified persons in Ministry of Economics, and also judicial authorities, credit institutes, in the relations with other physical persons and legal entities.

3. The patent agent shall be the citizen of Ukraine who:

constantly lives in Ukraine;

has complete higher education, and also complete higher education in the sphere of protection of intellectual property;

has at least five years' experience of practical work in the sphere of protection of intellectual property;

having passed qualification examinations, underwent certification and received the certificate on the right to be engaged in activities of the patent agent.

4. Employees of Ministry of Economics, and also persons to whom it is forbidden according to the legislation cannot be patent agents.

5. The Ministry of Economics keeps the State register of representatives for intellectual property (patent agents) *. Registration number is assigned to the patent agent entered in the State register.

Persons which are not registered in the State register cannot refer to as themselves patent agents.

6. The Ministry of Economics provides the publication of information about the patent agents entered in the State register in the statement "Industrial property".

Person which constituted with it the employment contract shall submit the specified information about the patent agent who works on hiring.

7. The patent agent has personal seal with indication of the surname and registration number, and also settlement and other accounts in organizations of banks in the territory of Ukraine.

8. The patent agent acts at the request of person who he represents. This order makes sure the agreement, the power of attorney or other document confirming its powers according to the legislation.

Powers of the patent agent can be certified also by specifying of its surname and registration number in the request for issue of the security document for object of industrial property if the request is signed by the applicant.

9. The Ministry of Economics does not answer for obligations patent agents.

 

Rights of the patent agent

10. The patent agent is independent during accomplishment of professional obligations and is guided in the activities by the legislation and this Provision.

11. The patent agent has the right according to the legislation, within the order of person which he represents, to perform all operations connected with it in the relations with Ministry of Economics, and also judicial authorities, credit institutes, other physical persons and legal entities, in particular:

sign applications, petitions, inventories, formulas of inventions, etc.;

give and receive the materials concerning security documents;

carry out payment transactions;

make changes to the inventory of inventions and drawings;

withdraw applications on issue of security documents on objects of industrial property;

give amendments, objections, claims;

take measures for maintenance of action of security documents;

carry out research works which part are patent researches;

represent the interests of owners of the rights to intellectual property items in the state and judicial authorities, etc.

12. The patent agent has the right to determine procedure for acquaintance with information which is subject of its professional, business and other interest, including its belonging to category confidential, and to install for it system of protection if other is not caused by the legislation and the order of person which it represents.

13. The patent agent has the right in coordination with person who he represents, to delegate the powers to other patent agent if other is not provided by the order. It shall notify Ministry of Economics on it.

14. The patent agent has the right to be engaged in the activities individually or together with other patent agents, to create the patent agencies, firms, bureau, offices, etc. with the rights of the legal entity, and also to work on hiring.

 

Obligations of the patent agent

15. The patent agent shall carry out honesty the obligations and adhere to requirements of the legislation, protect interests of person who he represents.

16. The patent agent shall keep in secret the data received by it during implementation of the professional obligations, in particular essence mentioned by person who it represents questions, content of consultations, councils, explanations, etc.

17. The patent agent shall refuse provision of the services or stop their provision if they can be used in case in which he already represented or advised the other person with opposite interests and the conflict was not solved.

Acquisition of right and the termination of the right to be engaged in activities of the patent agent

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