LAW OF UKRAINE

of December 15, 1993 No. 3688-XII

About protection of the rights to industrial designs

This Law governs the relations arising in connection with acquisition and implementation of the property right to industrial designs in Ukraine.

Section I. General provisions

Article 1. Determination of terms

In this Law the stated below terms are used in such value:

National authority on intellectual property (further - NOIS) - the state organization which enters the state system of legal protection of intellectual property, determined at the national level and the Cabinet of Ministers of Ukraine as performing the powers in the sphere of intellectual property determined by this Law, other laws in the sphere of intellectual property, acts of the central executive body which provides forming and realizes state policy in the sphere of intellectual property and the charter and has the right to represent Ukraine in the international and regional organizations;

industrial design - result of intellectual, creative activities of the person in industry of art designing;

the author - the person whose creative activity creates industrial design;

the certificate - the certificate on state registration of industrial design;

the registered industrial design - industrial design, data on which are entered in the Register and on which the certificate is granted;

person - physical person or legal entity;

the request - set of the documents necessary for state registration of industrial design;

the applicant - person who submitted the application or acquired the applicant's rights in other procedure established by the law;

priority of the request (priority) - superiority in application;

priority date - date of application in NOIS or in relevant organ of the State Party of the Parisian convention on protection of industrial property or the Agreement on organization of the World Trade Organization on which the priority is declared;

the employer - person who hired the worker according to the employment contract (contract);

Register - The state register of Ukraine of industrial designs which maintaining is performed electronically;

Appeal chamber - the NOIS collegiate organ for consideration of objections against decisions of NOIS concerning acquisition of rights intellectual property items, statements for recognition of the rights to intellectual property items invalid fully or partially, statements for recognition of trademark well-known in Ukraine and considerations of other questions which are within its competence according to this Law, other laws and regulatory legal acts of Ukraine;

The paragraph the fifteenth is excluded according to the Law of Ukraine of 16.06.2020 No. 703-IX

the state system of legal protection of intellectual property - the central executive body which provides forming and realizes state policy in the sphere of intellectual property, NOIS and set scientific, educational, information and others the corresponding specialization of the state companies, organizations, the organizations belonging to the sphere of management of the central executive body which provides forming and realizes state policy in the sphere of intellectual property;

Certifying commission - the NOIS collegiate organ which main objective of activities is carrying out certification of persons which expressed intention to acquire the right to occupation activities of the representative for intellectual property (patent agent);

The appeal commission - the NOIS collegiate organ which main objective of activities is consideration of claims of candidates for representatives for intellectual property (patent agents) on the solution of certifying commission and consideration of claims to actions of representatives in cases of intellectual property (patent agents);

The bulletin - the official electronic bulletin NOIS;

product - any subject of industrial production or manual operation, including the parts intended for assembly in combined product, packaging, external design, graphical symbols and typographical fonts (elements) except computer programs;

the owner of industrial design - the owner of intellectual property rights on the registered industrial design and/or the unregistered industrial design;

VOIS - World Intellectual Property Organization;

the international registration - the international registration of industrial design performed according to the Hague agreement on the international registration of industrial designs;

MKPO - International classification of industrial designs;

the rights to industrial design - intellectual property rights on industrial design;

collected product - the product consisting of several elements which can be replaced in such a way that does possible dismantling and the subsequent assembly of product;

degree of freedom of the author - the restrictions of opportunities of the author on solution development of appearance of product of certain appointment connected, in particular, with functional features of product.

Article 2. Powers of the central executive body which provides forming and realizes state policy in the sphere of intellectual property

1. Treats powers of the central executive body which provides forming and realizes state policy in the sphere of intellectual property:

ensuring normative legal regulation in the sphere of protection of the rights to industrial designs;

determination of the priority directions of development of the sphere of protection of the rights to industrial designs;

interaction and coordination with the central executive bodies, other public authorities in the course of forming and realization of state policy in the sphere of intellectual property, and also for the purpose of strengthening of protection of intellectual property rights;

development of suggestions for improvement of the legislation in the sphere of legal protection of intellectual property;

implementation of international cooperation in the sphere of legal protection of intellectual property and representation of interests concerning protection of the rights to industrial designs in the international organizations;

the conclusion according to the legislation of international treaties on cooperation in the sphere of legal protection of intellectual property;

ensuring accomplishment of the international programs and project implementations in the sphere of legal protection of intellectual property according to international treaties;

ensuring obligation fulfillment, following from membership of Ukraine in the international organizations in the sphere of legal protection of intellectual property;

interaction in accordance with the established procedure with relevant organs of foreign states and the international organizations;

approval of regulations on representatives for intellectual property (patent agents), about Certifying commission and procedure for certification of representatives for intellectual property (patent agents), about the Appeal commission, about the state register of representatives for intellectual property (patent agents);

implementation of coordination of activities of NOIS in the sphere of intellectual property;

control of observance of NOIS of the legislation in the sphere of intellectual property, use of receipts from collection of charges for the actions connected with protection of the rights to intellectual property items.

2. The central executive body which provides forming and realizes state policy in the sphere of intellectual property carries out other powers according to the law.

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