LAW OF UKRAINE

of December 15, 1993 No. 3687-XII

About protection of the rights to inventions and useful models

Section I. General provisions

Article 1. Determination of terms

In this Law the stated below terms and reducings 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;

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 invention (useful model) - result of intellectual, creative activities of the person in any sphere of technology;

the confidential invention (confidential useful model) - the invention (useful model) containing information carried to the state secret;

the confidential invention (confidential useful model) - the invention (useful model) containing information carried to the state secret, the rights to which make sure the patent for the confidential invention (confidential useful model):

in connection with execution of service duties or the order of the employer provided that the employment contract (contract) does not provide other;

with use of experience, production knowledge, know-how and the equipment of the employer;

service duties - the functional obligations of the worker fixed in employment contracts (contracts), job descriptions providing performance of works which can lead to creation of the invention (useful model);

the order of the employer - the task issued to the worker in writing which has a direct bearing on specifics of activities of the company or activities of the employer and can lead to creation of the invention (useful model);

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

the inventor - the person whose intellectual, creative activities create the invention (useful model);

the patent (the patent for the invention, the patent for the confidential invention, the patent for useful model, the patent for confidential useful model) - the security document certifying priority, authorship and the rights to the invention (useful model);

the paragraph the fifteenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX

the paragraph the sixteenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX;

the paragraph the seventeenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX;

the paragraph the eighteenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX;

the paragraph the nineteenth is excluded according to the Law of Ukraine of 21.07.2020 No. 816-IX;

qualification examination (examination in essence) the examination establishing invention compliance to patentability conditions (novelty, inventive level, industrial applicability);

formal examination (examination on formal grounds) examination during which belonging of the object specified in the request to the list of objects which can be acknowledged as inventions (useful models), and compliance of the request and its registration to the established requirements is established;

the license - the permission of the owner of the patent (licensor) issued to other person (licensee) to use of the invention (useful model) under certain conditions;

person - physical person or legal entity;

the request - set of the documents necessary for state registration of the invention (useful model);

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 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 international request - the application submitted according to the Agreement on patent cooperation;

Register - The state register of Ukraine of inventions, the State register of Ukraine of confidential inventions, the State register of Ukraine of useful models, the State register of Ukraine of confidential useful models which are kept electronically;

The paragraph of the thirty second 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);

biological material - material which contains genetic information and can replicate or be recreated in biological system;

The bulletin - the official electronic bulletin NOIS;

VOIS - World Intellectual Property Organization;

state registration of the invention (useful model) - state registration of intellectual property right on the invention (useful model);

the rights to the invention (useful model) - intellectual property rights on the invention (useful model).

Article 2. Legislation of Ukraine on protection of the rights to inventions (useful models)

The legislation of Ukraine on protection of the rights to inventions (useful models) is based on the Constitution of Ukraine and consists of this Law of the Civil code of Ukraine, the Law of Ukraine  "About the state secret" and other regulatory legal acts.

Article 3. 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 inventions and useful models;

determination of the priority directions of development of the sphere of protection of the rights to inventions and useful models;

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 inventions and useful models 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.

Article 3-1. Powers of National authority of intellectual property in the sphere of protection of the rights to inventions and useful models

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 determined by the Cabinet of Ministers of Ukraine.

2. Treats the powers of authority delegated by NOIS:

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

implementation of state registration of inventions and useful models, patent grant on inventions and useful models;

recognition invalid the rights to inventions and useful models according to the procedure, provided by the law;

publication of official data on inventions and useful models in the Bulletin, maintaining the Register, introduction in it of data, provisions of extraction and statements in electronic and (or) paper form;

implementation of international cooperation in the sphere of legal protection of intellectual property and representation of interests concerning protection of the rights to inventions and useful models in World Intellectual Property Organization and other international organizations according to the legislation;

implementation of preparation, certification and registration of representatives for intellectual property (patent agents);

maintaining the State register of representatives in cases of intellectual property (patent agents);

informing and provision of explanations concerning implementation of state policy in the sphere of protection of the rights to inventions and useful models.

3. NOIS also performs:

functions "department which receives", "The international search body and Organa of the international preliminary expert examination" according to the Agreement on patent cooperation;

information and publishing activities in the sphere of legal protection of intellectual property;

generalization of national and international practice of application of the legislation in the sphere of protection of the rights to inventions and useful models, developments of suggestions for improvement of the legislation in the specified sphere and submissions of such offers to the central executive body which provides forming and realizes state policy in the sphere of intellectual property;

approval of methodical recommendations about conducting examination of requests and state registration of inventions and useful models;

organization of performance of works for preparation, retraining and advanced training of personnel of the state system of legal protection of intellectual property;

other functions and powers provided by this Law, other laws and regulatory legal acts of Ukraine, the charter.

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