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LAW OF UKRAINE

of December 15, 1993 No. 3689-XII

About protection of the rights to signs for goods and services

(as amended on 16-06-2020)

This Law governs the relations arising in connection with acquisition of rights and implementation of the rights to trademarks in Ukraine.

Section 1. General provisions

Article 1. Determinations of terms and reducing

1. In this Law 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;

person - physical person or legal entity;

trademark - designation on which goods and services of one persons differ from goods and services of other persons;

the certificate - the certificate of Ukraine on trademark;

registered trademark - trademark on which the certificate which has the international registration which acts on the territory of Ukraine is granted;

the request - set of the documents necessary for issue of the certificate;

the applicant - the 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 submission of the previous request 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;

Register - The state register of certificates of Ukraine on trademarks 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 thirteenth 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;

domain name - the name used for addressing of computers and resources on the Internet;

MKTU - The international classification of goods and services for registration of signs;

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 database of requests - the database which maintaining is performed electronically which contains the determined central executive body providing forming and realization of state policy in the sphere of intellectual property, information on the request and the current clerical work on it is open and available to viewing by any person on the NOIS official website;

The bulletin - the official electronic bulletin NOIS;

VOIS - World Intellectual Property Organization;

collective trademark - designation on which goods and services of participants of consolidation of persons as which understand any set of persons irrespective of its form of business and structure and which existence does not contradict the legislation of the state in which it is created, differ from goods and services of other persons;

the international registration - the international registration of trademark performed according to the Madrid agreement on the international registration of signs and/or the Protocol to the Madrid agreement on the international registration of signs;

Parisian convention - The Parisian convention on protection of industrial property of March 20, 1883.

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 signs for goods and services;

determination of the priority directions of development of the sphere of protection of the rights to signs for goods and services;

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 signs for goods and services 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 of NOIS 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.

Article 2-1. Powers of National authority of intellectual property in the sphere of protection of the rights to signs for goods and services (trademarks)

1. The NOIS functions are performed by the legal entity of the public law (the state organization) formed by the central executive body which provides forming and realizes state policy in the sphere of intellectual property, and is determined by the Cabinet of Ministers of Ukraine.

2. Belongs to the powers of authority delegated by NOIS:

order taking, conducting their examination, decision making on them;

issue of certificates on trademarks, implementation of state registration of trademarks;

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