Regulatory Affairs, Consumer Electronics
The State Intellectual Property Service of Ukraine (hereinafter – the SIPS), together with experts from the European Business Association (hereinafter – EBA), elaborated the Draft Law “On Amendments to the Law of Ukraine “On Protection of Rights on Industrial Samples” (hereinafter – the Draft Law), aimed at ensuring the protection of rights on industrial samples.
Background: An absence of verification for compliance with “novelty” conditions during the expertise, aimed at receiving patents on industrial samples in the current provisions of the Law of Ukraine “On Protection of Rights on Industrial Samples” No3688-XII from 15 December 1993 (hereinafter – the Law No3688-XII), caused a lot of problems for businesses in Ukraine. Some “unfair” players obtain patents on already invented industrial samples (those that are not new), for example, medical devices, car parts, laptops and mobile phones. Moreover, third parties do not have an opportunity to provide objections against the registration of patents on industrial samples, in case such samples do not meet the requirements for legal protection, among them “novelty” conditions. As a result, leading international companies face additional difficulties with the import of different goods into the territory of Ukraine without permission of such “unfair” patent holders, and in many cases are forced to go to the courts.
Thus, since 2013 the EBA has actively advocated the idea of revising the Law No.3688-XII to solve this problem. We addressed a lot of position papers and participated in a number of meetings with representatives of the SIPS and others interested parties devoted to this issue. Due to common efforts, the SIPS has developed the Draft Law in line with the EBA proposals and published it on its official website for public consideration on 6 June 2014.
We would like to express our gratitude to the management of the SIPS for their effective and constructive cooperation in finding a solution to this very important issue and we hope for fruitful cooperation in the future.
Moreover, we would like to thank all EBA members who supported and contributed to the EBA lobbying efforts that resulted in this progress and we will keep you updated on all further developments!