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ORDER OF THE MINISTRY OF ECONOMICS OF UKRAINE

of March 7, 2024 No. 6237

About approval of Rules of creation and application for industrial design and conducting examination of the request for industrial design and international registration of industrial design

In pursuance of the Law of Ukraine "About protection of the rights to industrial designs", the Regulations on the Ministry of Economics of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459 (in edition of the resolution of the Cabinet of Ministers of Ukraine of February 17, 2021 No. 124), and considering the order of the Cabinet of Ministers of Ukraine of October 28, 2022 No. 943-r "Some questions of national authority of intellectual property", PRIKAZYVAYU:

1. Approve Rules of creation and application for industrial design and conducting examination of the request for industrial design and the international registration of industrial design which are applied.

2. In accordance with the established procedure to submit to management of intellectual property and innovations this order on state registration to the Ministry of Justice of Ukraine.

3. Recognize invalid:

the order of the Ministry of Education and Science of Ukraine of February 18, 2002 No. 110 "About approval of Rules of creation and application for industrial design", registered in the Ministry of Justice of Ukraine on March 06, 2002 at No. 226/6514;

the order of the Ministry of Education and Science of Ukraine of March 18, 2002 No. 198 "About approval of Rules of consideration of the request for industrial design", registered in the Ministry of Justice of Ukraine on March 29, 2002 at No. 313/6601.

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

5. To impose control over the implementation of this order on the deputy minister of economy of Ukraine according to distribution of obligations.

 

It is approved: Chairman of the Public regulatory service of Ukraine

A. Kucher

First Deputy Minister of digital transformation of Ukraine

O. Vyskub

Minister of Education and Science of Ukraine

O. Lisovy

Approved by the Order of the Ministry of Economics of Ukraine of March 7, 2024 No. 6237

Rules of creation and application for industrial design and conducting examination of the request for industrial design and international registration of industrial design

I. General provisions

1. These rules determine requirements to documents of the request for industrial design and govern the relations arising in connection with application for industrial design, conducting examination of the request for industrial design and the international registration of industrial design, decision making and also with accomplishment of intellectual property of other functions by national authority of "National department" and the "Departments" provided Hague and Geneva by acts to the Hague agreement on the international registration of industrial designs which Ukraine joined according to the Law of Ukraine of January 17, 2002 No. 2992-III "About accession of Ukraine to the Hague agreement on the international registration of industrial designs (The Hague act adopted on November 28, 1960 and the Geneva act adopted on July 2, 1999)".

2. In these rules terms and reducings are used in the following values:

the author-person whose creative activity creates industrial design;

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

VOIS-World Intellectual Property Organization;

date of priority date of application in the state organization "Ukrainian National Office of Intellectual Property and Innovations" or relevant organ of the State Party of the Parisian convention on protection of industrial property of March 20, 1883 which operates on the territory of Ukraine since December 25, 1991, or the Agreement on organization of the World Trade Organization, the Protocol on accession to which is ratified by the Law of Ukraine of April 10, 2008 No. 250-VI "About ratification of the Protocol on the entry of Ukraine into the World Trade Organization", on which the priority is declared;

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

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

single information and communication system of the state organization "Ukrainian National Office of Intellectual Property and Innovations" (IKS of UKRNOIVI) - set technical and the software providing creation, processing, sending, transfer, obtaining, storage, use and destruction of the electronic documents concerning requests for intellectual property items, the state registration of these objects and the rights to them;

the international request request for the international registration of industrial design submitted according to the Hague act of the Hague agreement on the international registration of industrial designs and/or the Geneva act of the Hague agreement on the international registration of industrial designs which Ukraine joined according to the Law of Ukraine of January 17, 2002 No. 2992-III "About accession of Ukraine to the Hague agreement on the international registration of industrial designs (The Hague act adopted on November 28, 1960 and the Geneva act adopted on July 2, 1999)";

the international registration - the international registration of industrial design performed according to the Hague agreement on the international registration of industrial designs which Ukraine joined according to the Law of Ukraine of January 17, 2002 No. 2992-III "About accession of Ukraine to the Hague agreement on the international registration of industrial designs (The Hague act adopted on November 28, 1960 and the Geneva act adopted on July 2, 1999)";

MKPZ-Mezhdunarodnaya the classification of industrial designs based by the Lokarnsky agreement on organization of the International classification of industrial designs which Ukraine joined according to the Law of Ukraine of December 17, 2008 No. 684-VI "About accession of Ukraine to the Lokarnsky agreement on organization of the International classification of industrial designs";

person - physical person or legal entity;

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

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

UKRNOIVI-gosudarstvennaya the "Ukrainian National Office of Intellectual Property and Innovations" organization determined by the Cabinet of Ministers of Ukraine as performing functions of National authority of intellectual property.

Other terms are used in the value given in the Laws of Ukraine "About protection of the rights to industrial designs" (further - the Law), "About electronic documents and electronic document management", "About electronic identification and electronic confidential services".

II. Conditions of provision of legal protection to industrial design

1. Industrial design as object of legal protection

1. According to Item 1 of article 5 of the Law legal protection is provided to industrial design which does not contradict public procedure, the conventional principles of morals and corresponds to the criteria of conservation determined by article 6 of the Law.

2. According to Item 2 of article 5 of the Law the appearance of product or its part determined, in particular, by lines, contours, color, form, texture and/or material of product, and/or its finishing can be industrial design.

In particular, finishing of product, logos, computer pictograms, the user interface of the website, appendix, the computer program, the card and illustration can be appearance of product.

The object which is not result of intellectual, creative activities of the person, and the stone created by the nature, for example, sea shell, tree which is not processed by the person cannot be industrial design.

3. The concept "industrial design" is applied both to one product, and to set (set) of products. The concept "one product" is applied as to the whole product, for example the car, and to its part, for example bumper, headlight.

Set can be recognized as industrial design if products which perform the functions subordinated to general purpose that decides set in general and if such products are not mechanically connected among themselves are part of set. From the point of view of art designing all products of set shall have community of the composite and stylistic decision (for example, tea or table service, tool kit, furniture set, chess with board for game).

4. According to the paragraph to the second Item 3 of article 5 of the Law objects of unstable form from liquid, gaseous, loose or similar it substances and so forth cannot receive legal protection as industrial designs.

Objects which appearance is connected with dynamic transformations belong to such objects and constantly changes (for example, streams of fountains, fireworks).

5. According to the paragraph the fourth Item 3 of article 5 of the Law the signs of appearance of product caused only by its technical functions cannot receive legal protection.

If the signs caused by exclusively technical functions of product are present at its image together with other signs which correspond to conditions of provision of legal protection, protection, at the same time the signs caused by exclusively technical functions of product is provided to industrial design, are not protected.

The same products having the same appointment and made using national or interstate standards can be carried to products which separate signs of appearance are caused only by their technical functions (for example, various electric sockets manufactured using standards).

If the product contains the appearance signs caused by technical functions of product, but at the same time such signs perform also esthetic function, such signs are not considered as the caused exclusively technical functions of product and protection is provided to them. For example, all teapots for zavarivaniye have nose for pouring, and this sign of appearance of product is not recognized caused by exclusively technical functions as the form of nose is not standardized and can have the esthetic features which are not connected with pouring function.

If all signs of appearance of product are caused only by its technical functions, such industrial design does not correspond to conditions of provision of legal protection.

6. According to the paragraph the fifth Item 3 of article 5 of the Law signs of appearance of the product representing connecting element cannot receive legal protection:

which size and form shall be precisely reproduced in order that one product was mechanically connected to other product;

which is located inside, around or opposite to other product so that each of products could perform the function.

This provision does not concern appearance of the products intended for multiple assembly or connection of interchangeable products in modular design, for example construction blocks.

7. According to the paragraph third Item 3 of article 5 of the Law appearance of product which is part of the put product and is invisible in case of regular use of the put product cannot receive legal protection as industrial design.

At the same time the product consisting of several elements which can be replaced in such a way that does possible dismantling and the subsequent assembly of product is considered compound product. Consumable materials (for example, batteries, disposable capsules for the coffee machine, disposable sacks for the vacuum cleaner) are not component of the put product.

If any of essential signs of appearance of the product which is component of compound product is not visible in case of regular use of the last, appearance of the product which is component of compound product cannot receive legal protection.

At the same time, if when using compound product the product which is its component is visible not constantly, and only at the separate moments of use in such a way that it is possible to see all its essential signs, appearance of the product which is component can receive legal protection.

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