Agrochemicals

15/ 02/ 2013

Following EBA’s efforts and good will of the Ministry of Ecology and Natural Resources of Ukraine, on 18 January 2013 the Ministry placed the Plan of State Trials of Pesticides and Agrochemicals on its official web-site for public access.

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 the existing Ukrainian legislation, and each year the number of such violations keeps growing. Current legislation provides for no protection against the registration of such formulations. A registered formulation infringing IPR may be used freely in Ukraine even after the violation has been established by an economic court. Such court proceeding are rather time- and resource-consuming for the patent holders. 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 18 January 2013 the Ministry placed the Plan of State Trials of Pesticides and Agrochemicals on its web-site. Once in public access, this document enables patent holders to spot potential infringers of intellectual property rights at the pre-registration stage, thus ensuring due IPR protection and preventing patent violations in the crop protection sector.

We would like to extend our thanks to the Ministry of Ecology and Natural Resources of Ukraine for its great support and efficient cooperation, and are happy to share this success with our members who have been awaiting the improvement of IPR protection in the agrochemical sector of Ukraine.

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