RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 23, 2004 No. 1716

About approval of the Payment procedure of charges for the actions connected with protection of the rights to intellectual property items

Cabinet of Ministers of Ukraine decides:

1. Approve the Payment procedure of charges for the actions connected with protection of the rights to intellectual property items which is applied.

2. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of May 22, 2001 No. 543 "About approval of the Regulations on payment procedure of charges for the actions connected with protection of the rights to intellectual property items" (The Official Bulletin of Ukraine, 2001, No. 21, the Art. 940);

the resolution of the Cabinet of Ministers of Ukraine of June 16, 2003 No. 901 "About modification of the Regulations on payment procedure of charges for the actions connected with protection of the rights to intellectual property items" (The Official Bulletin of Ukraine, 2003, No. 25, the Art. 1191).

3. This resolution becomes effective in 30 days after publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 23, 2004, No. 1716

Payment procedure of charges for the actions connected with protection of the rights to intellectual property items

1. This Procedure determines terms and the payment mechanism of charges for the actions connected with protection of the rights to intellectual property items, and also the amount of the specified charges according to appendix.

2. Physical persons which constantly live outside Ukraine and legal entities with the location outside Ukraine can pay charges in hryvnias, euro or US dollars on the official rate of National Bank on the date of collection payment.

The amount of collection does not join the cost of the services connected with its payment.

3. The physical person which is the applicant, the owner of the corresponding patent or the owner of the certificate on state registration of industrial design or the registration certificate of configuration of semiconductor product pays each collection for the actions connected with protection of the rights to such objects, except for charges by codes 13300, of 13400, of 13700, of 22200, of 22400, 32100 and 32300 according to appendix in the amount of:

10 percent of the established amount of collection according to appendix - in case when specified persons are inventors of the invention or authors of configuration of semiconductor product;

20 percent of the established amount of collection according to appendix - in case when specified persons are inventors of useful model or authors of industrial design. 

3-1. Non-profitable organizations and the organizations which are applicants or owners of the patent for the invention (useful model) pay each collection for the actions connected with protection of the rights to such objects, except for charges by codes 13300, of 13400, 13500 and 13700 according to appendix in the amount of:

12 percent of the established amount of collection according to appendix - if specified persons are applicants according to the request for the invention or owners of the corresponding patent;

30 percent of the established amount of collection according to appendix - if specified persons are applicants according to the request for useful model or owners of the corresponding patent.

3-2. If applicant or the owner of the patent for the invention (useful model) is the inventor of the invention (useful model) together with non-profitable organization or the organization, each collection is paid for the actions connected with protection of the rights to such objects, except for charges by codes 13300, of 13400, 13500 and 13700 according to appendix in the amount of:

15 percent of the established amount of collection according to appendix - if specified persons are applicants according to the request for the invention or owners of the corresponding patent;

40 percent of the established amount of collection according to appendix - in case when specified persons are applicants according to the request for useful model or owners of the corresponding patent.

3-3. In case of further inclusion in the list of applicants of person to which reduction of the amount of collection according to Items 3, 3-1 and 3-2 presents of the Procedure is not applied such inclusion is performed on condition of surcharge of the charges paid for the last three years before such inclusion to the complete size established according to appendix.

3-4. In case of further within five years from the date of state registration of the invention (useful model), industrial design or configuration of semiconductor product of assignment of rights on the corresponding patent or the certificate to person to whom reduction of the amount of collection according to Items 3, 3-1 and 3-2 presents of the Procedure is not applied or inclusion of such person in the list of owners of the corresponding patent or certificate, such transfer or inclusion is performed on condition of surcharge of the charges paid for the last three years before such transfer or inclusion to the complete size established according to appendix.

3-5. In case of application for intellectual property item electronically the amount of charges by codes:

10100, 20100, 30100 and 50100 according to appendix are paid in the amount of 80 percent of the size established by the corresponding code;

40100 or 40200 according to appendix - in the amount of 75 percent of the size established by the corresponding code.

The amount of collection for application for intellectual property item is electronically determined by the amount of collection to which the basis for reduction/increase in its size is applied.

4. The fees are paid on current accounts of National authority of intellectual property.

Data on current account details of National authority on intellectual property are published in the statement of National authority of intellectual property and the Pravitelstvenny Kuryer newspaper.

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