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Agrochemicals

24/ 10/ 2012

Following the EBA’s efforts and good will of the Ministry of Ecology and Natural Resources of Ukraine, on 22 October 2012 the Ministry has placed on its official web-site the Draft Order On Amendments to the Order of the Ministry of Ecology dated 25.03.1996 under No. 149 amending the application form for registration of pesticides and agrochemicals in order to ensure proper protection of intellectual property rights of patent holders in the agrochemical sector of Ukraine.

Background: For the four recent years the crop protection industry has reported that active ingredients which violate IPR are registered by the Ministry of Ecology and Natural Resources of Ukraine under existing Ukrainian legislation, and that each year the number of such violations keeps growing. Current legislation provides for no protection against the registration of such formulations, since a violation of the IPR does not constitute grounds for cancellation of the registration. A registered formulation infringing IPR may be used freely in Ukraine even after the violation has been established by an economic court. It should be admitted that notwithstanding the existence of an apparently adequate normative and legal framework regulating intellectual property rights protection in Ukraine, this legislation does not actually work in practice, in particular, in the agrochemical sector, which looks rather discouraging to potential investors.

Thanks to the good will of the Ministry of Ecology and Natural Resources to introduce international standards and best practices in Ukraine and its fruitful cooperation with the EBA Agrochemical Committee, on 22 October 2012 the Ministry has placed a draft order amending the application form for registration of crop protection products with the provisions aimed to ensure due protection of intellectual property rights of patent holders in the agrochemical sector.

We would like to extend our thanks to the Ministry of Ecology and Natural Resources of Ukraine and are happy to share this progress with our members who have been awaiting the improvement of IPR protection in the agrochemical sector of Ukraine.

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