16 SEP 2014
September 16, 2014 on the day of the ratification of the Association Agreement between Ukraine and the European Union, held a discussion panel "Towards EU harmonization of legislation and future reforms."Mariya Ortynska, Patent Attorney, Director of IPStyle acted in the debate, focusing on the major innovations in the sphere of intellectual property in connection with the ratification the Association Agreement.
Mariya noted that the changes will affect especially the law on trade marks, industrial designs and geographical indications. The latter concerns the prohibition of using of several Ukrainian manufacturers on the names of cheeses and wines (Roquefort, feta and champagne). It should be noted that the agreement involves opening the base of the Patent Office of the registered trademark. Now for trademark search you have to pay 720 grn. In the EU the same database is open.
Another positive aspect is to simplify the the procedure for filing opposition (objections) for the registration of the trade mark.
Domestic problem of declarative patents for industrial designs must also be solved by the new rules.
Unlike in Ukraine, where the criterion of patentability is considered only "novelty" in the EU, is the concept of "individual character" as well as more stringent criteria for the protection of industrial design.
Thus, the introduction of European mechanisms will help to deal with "patent trolls."