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Ministry of Justice of Ukraine

May 18, 2021

No. 649/36271

ORDER OF THE MINISTRY OF DEVELOPMENT OF ECONOMY, TRADE AND AGRICULTURAL INDUSTRY OF UKRAINE

of March 12, 2021 No. 536-21

About approval of Rules of creation, giving and conducting examination of the request for registration of geographical specifying

According to the Law of Ukraine "About legal protection of geographical instructions" PRIKAZYVAYU:

1. Approve Rules of creation, giving and conducting examination of the request for registration of geographical specifying which are attached.

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

3. Declare invalid the order of the Ministry of Education and Science of Ukraine of August 17, 2001 No. 598 "About approval of Rules of creation, giving and conducting examination of the request for registration of qualified indication of origin of goods and/or the right to use the registered qualified indication of origin of goods", registered in the Ministry of Justice of Ukraine on August 31, 2001 for No. 772/5963 (with changes).

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

5. To impose control of execution of this order on the deputy minister of development of economy, trade and agricultural industry of Ukraine according to distribution of obligations.

Minister of development of economy, trade and agricultural industry of Ukraine 

I. Petrashko

 

It is approved:

First Deputy Minister of digital transformation of Ukraine

 

A. Vyskub

Acting minister of science and education of Ukraine

A. Vitrenko

Acting as Chairman of the Public regulatory service of Ukraine

V. Miroshnichenko

Approved by the Order of the Ministry of development of economy, trade and agricultural industry of Ukraine of March 12, 2021 No. 536-21

Rules of creation, giving and conducting examination of the request for registration of geographical specifying

I. General provisions

1. These Rules determine requirements to documents of requests for registration of geographical instructions and govern the relations arising in connection with submission of requests, conducting their examination, decision making according to requests.

These Rules are developed according to the Law of Ukraine "About legal protection of geographical instructions" (further - the Law) taking into account international treaties of Ukraine in the sphere of legal protection of geographical instructions which consent to be bound is provided by the Verkhovna Rada of Ukraine, to the Laws of Ukraine "About electronic documents and electronic document management", "About electronic confidential services".

2. In these Rules terms are used in such values:

the single document - the document, stipulated in Item "in" part four of article 10 of the Law in which basic provisions of the specification of goods and the description of interrelation of goods with the geographical circle or the geographical place of goods origin are stated;

the request - the request for registration of geographical specifying as set of documents in paper or electronic form, necessary for state registration of geographical specifying;

information and telecommunication system of Ukrpatent (further - Ukrpatent's ITS) - set technical and the software providing submission of electronic requests and record keeping on them;

the representative - the representative for intellectual property (patent agent) or other authorized representative;

the specialized software - set of the programs intended for accomplishment of tasks on the organization of creation and submission of requests in the form of the electronic document and other documents necessary for operation of these programs;

the official electronic bulletin "Industrial property" (further - the bulletin) - the electronic information resource of Ukrpatent intended for the official publication of data about the declared and registered geographical instructions and geographical instructions to which legal protection in Ukraine is provided based on international treaties of Ukraine;

Ukrpatent - the state company "Ukrainian Institute of Intellectual Property" determined by the Cabinet of Ministers of Ukraine national authority of intellectual property.

Other terms are used in the value given in the Law, the Laws of Ukraine "About electronic documents and electronic document management", "About electronic confidential services".

II. Requirements to the request and the documents attached to it

1. Structure of the request

1. The application can be submitted in paper or electronic form.

The method of application is chosen by the applicant.

The request shall contain the following documents:

statement for registration of geographical specifying (geographical specifying or name of the place of goods origin);

single document;

the specification of goods specified in article 9-1 of the Law, approved by the relevant specially authorized body.

2. Foreign persons and stateless persons in the request instead of the specification of goods file documents which confirm legal protection of the declared geographical specifying in the corresponding foreign state or receipt of the rights to such specifying based on bona fide use if it is stipulated by the legislation the corresponding foreign state.

Such documents shall conform to requirements to the data of the specification provided by part two of article 9-1 of the Law.

3. The statement for registration of geographical specifying is constituted in the form given in appendix 1 to these rules.

Given in appendices to these rules the application form about registration of geographical specifying and form of other documents of the request are posted on Ukrpatent's website.

4. The request in electronic form (further - the electronic request) can be constituted only with use of the specialized software in Ukrpatent's ITS posted on Ukrpatent's website.

The electronic request is constituted taking into account the requirements established by this Section.

2. General requirements to the request

1. The request is constituted in state language and shall concern registration only of one geographical specifying.

2. The documents specified in Item 1 of Chapter 1 of this Section can be stated in foreign language. In that case their translation in Ukrainian shall arrive in Ukrpatent no later than two months from the date of application.

3. Documents of the request shall be processed so that from them it was possible to make copies or to reproduce by any other method and to store long time.

4. The request is drawn up by printing method on paper of the A4 format the Times New Roman font of black color of the size of 12 Items, font interval regular, line spacing unary.

5. Each document of the request is begun on the single sheet. The second and the subsequent pages are numbered by consistently Arab figures end-to-end numbering.

6. The request and the single document are signed by the applicant or his representative (if the application is submitted through the representative).

7. In documents of the request erasures, dopisk, the crossed-out words or other unforeseen corrections are not allowed.

8. The electronic request is constituted with use of the interactive form posted in ITS on Ukrpatent's website. Other electronic documents of the request are developed according to the technical requirements established for work with electronic documents during creation, giving and conducting examination of requests for geographical instructions, posted on Ukrpatent's website.

Documents of the electronic request shall be free from program viruses and other malicious applications.

3. Filling of the commitment form

1. The commitment form is filled in with the applicant with observance of requirements of Chapter 2 of this Section. In cells "" in the commitment form the mark "x" is put down inside if information corresponding to them is pertinent.

If data of separate Sections in the commitment form due to the lack of empty seat cannot be completely placed in them, such information is provided on additional sheets about what the corresponding mark in Section 7 of the commitment form becomes.

2. In Section 1 of the commitment form the requisition number determined by the applicant or his representative in the clerical work is specified. The details "Requisition Number", "Date of receipt" and "Date of Giving" are intended for Ukrpatent's marks and are not filled with the applicant.

3. In Section 2 of the commitment form the information about the applicant (applicants) is specified.

In the detail "Surname, Name, Middle Name (in the Presence) / Full Name, Code of the State" are specified:

name of physical person (the name of the citizen of Ukraine consists of surname, name and middle name (in the presence));

full name of the legal entity (it is specified according to constituent documents);

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