Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

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

(as amended on 23-12-2020)

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.

 

Acting as Prime Minister of Ukraine 

N. Azarov

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. Physical person (physical persons) which (which) is applicant (applicants) or the owner (owners) of the corresponding patent or certificate on state registration of topography of integrated chip pays (pay) each collection for the actions connected with protection of the rights to such objects, except for charges according to codes 13300, of 13400, of 13700, of 22200, of 22400, 32100 and 32300, in the amount of:

10 percent of the established size in case specified persons are inventors of the invention or authors of topography of integrated chip;

20 percent of the established size in case specified persons are inventors of useful model or authors of industrial design.

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

20 percent of the established size in case specified persons are applicants according to the request for the invention or owners of the corresponding patent;

40 percent of the established size in case specified persons are applicants according to the request for useful model or owners of the corresponding patent.

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

20 percent of the established size in case specified persons are applicants according to the request for the invention or owners of the corresponding patent;

40 percent of the established size in case 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 patent for the invention, useful model, industrial design or registration of topography of integrated chip of inclusion in the list of owners of the corresponding patent or the certificate of 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 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.

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.

Receipts from charges have purpose and in the procedure established by Ministry of Economics filling of fund of the state stimulation of creation and use of inventions (useful models), industrial designs are used only for ensuring development and functioning of the state system of legal protection of intellectual property, including on financing of actions for legalization of computer programs in executive bodies. Information on amount of the received and used means which arrived into accounts of organizations as charges is published on the official website of National authority of intellectual property on the Internet in real time and shall contain: collection code, collection type, the amount of receipt from collection, the size of expenses in the directions of use of means.

5. During payment of collection in the relevant settlement document (on the paper or electronic medium) are noted:

name (name) of the payer of collection;

word "charge";

collection type (in abbreviated form) and its code, determined according to appendix to this Procedure;

the collection amount in the amount of, established according to appendix to this Procedure;

requisition number on the corresponding intellectual property item provided by National authority on intellectual property or if this number is not told the applicant, - the sequence number of the request determined by the applicant during submission of the request. If payment of collection concerns granted the patent or the certificate, instead of requisition number number of the corresponding patent or the certificate is noted;

if collection is paid on behalf of physical person which constantly lives outside Ukraine, or the legal entity with the location outside Ukraine, - code of its country.

The document on payment of collection the statement from the personal bank account National authority on intellectual property is considered.

In case of absence in the statement from the personal bank account of specifying of requisition number on the corresponding intellectual property item the document on payment of collection is the settlement document on paper (the payment order, the cash register receipt, the receipt, etc.) which is located in materials of the request and meets the requirements established by this Item.

The payer has the right to pay several charges by execution of one settlement document. At the same time the list of the paid duties with indication of codes of charges, requisition numbers (patents, certificates) and the fee paid amount on each collection separately is, etc. attached to the request for intellectual property item, the petition, objection.

The total amount of charges specified in the list shall correspond to the amount specified in the settlement document.

6. Receipt date of the document on payment of collection date of transfer of the amount of collection on the current account of National authority on intellectual property is considered. In case of transfer of the amount of collection before receipt of the corresponding request for intellectual property item, the petition, objection, etc. (daleezayavleniye) in National authority on intellectual property of examination receipt date of the document on payment of collection receipt date in National authority on intellectual property of examination of this statement if it arrived is considered:

a) within three months of date of transfer of the amount of collection provided that during this period the amount of the corresponding collection remained invariable;

b) within one month from the date of enforcement of the changed amount of collection.

If date of transfer of collection on the current account of National authority on intellectual property is later, than final date of its payment, admissible according to the law, is considered receipt date of the document on payment of collection the date specified in the settlement document on paper which meets the requirements specified in Item 5 of this Procedure.

7. The fee paid is subject to return:

1) completely in case:

payments of collection without submission of the statement in terms, stipulated in Item 6 it About;

recognitions of the statement it that it is considered nepodany or is not subject to consideration;

payments of collection after the termination of the term established by the law;

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