26 DEC 2016

2016-IP Year in Ukraine: Summing-up

2016 year in Ukraine was really full of IP events. Lots of changes were made, lots of decisions were taken, but the most important ones are just ahead. 2017 promises to be exciting, as the creation of a new IP-court (High Court of Intellectual Property), the establishment of the National Authority of Intellectual Property on the basis of the State Intellectual Property Service of Ukraine, which is to be liquidated, and the reformation of the entire IP sphere are expected.

Last month the Draft Law 'On National System of Intellectual Property Protection in Ukraine' was finally published, and now it is on stage of the discussions at the Department of Innovation and Intellectual Property of Ministry of Economic Development of Ukraine. The electronic version of the Draft Law is available on the website of the Ministry, together with the comments and suggestions. It shows that the active work is carrying out for its improvement.

So, what changes will the IP sphere face after the Draft Law’s adoption? According to the developers, the Draft Law is aimed at:
  • harmonization of existing IP legislation with EU law;

  • creation of effective mechanisms for combating illegal trade, counterfeit and corruption in IP field;

  • establishment of a transparent system for administration of collective management organizations;

  • legalization of software used in government bodies;

  • creation of a single window for issuing patents;

  • simplification of procedures for applicants;

  • implementation of effective measures for combating infringements on copyright and related rights on the Internet.

  • One of the fundamental changes provided by the Draft Law is the establishment of the National Authority of Intellectual Property (NOIV). This body will be created on the basis of Ukrainian Intellectual Property Institute ‘Ukrpatent’ (through its reorganization) and the State Intellectual Property Service (DSIV) through its liquidation. A new authority will conduct an examination of relevant IP objects, issue security documents, consider the applications for IP rights cancellation in administrative (pre-trial) order, register the facts of disposal of IP rights and conduct the appropriate registry of rights.

    So, when will the new body start its work? NOIV will start its functioning after the adoption of а particular law by the Verkhovna Rada of Ukraine, which determines its status, competence and functions.