Agrochemicals

25/ 04/ 2013

Following the EBA’s longstanding efforts and the good will of the Ministry of Ecology and Natural Resources of Ukraine, on 23 April 2013 the Order of the Ministry of Ecology and Natural Resources of Ukraine On Amendments to Order No. 149 was published in the Oficiyniy Visnyk Ukrainy.

Background: For the past five years the crop protection industry has reported that active ingredients which violate intellectual property rights (IPR) have been registered by the Ministry of Ecology and Natural Resources of Ukraine under existing Ukrainian legislation. 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. Therefore a registered formulation infringing IPR may be freely used in Ukraine even after the violation has been established by an economic court. Such practices are contradictory to EU standards and best practices.

After about four years of the EBA Agrochemical Committee’s hard work and persuasion, at the end of 2011 the Ministry of Ecology and Natural Resources of Ukraine acknowledged the problem and kindly agreed to the Committee’s proposal to amend (via the Ministry’s internal order) the existing set of registration documents with the provisions ensuring patent protection in the agrochemical sector.

On 23 April 2013 the Order of the Ministry of Ecology and Natural Resources of Ukraine On Amendments to Order No. 149 was enacted via its publication in the Oficiyniy Visnyk Ukrainy after fruitful cooperation with the EBA.

The European Business Association is grateful to the Ministry of Ecology and Natural Resources of Ukraine for understanding the importance of IPR protection in this particular area and undertaking efficient steps to overcome the problem aimed at preventing patent violations in the crop protection sector.

We highly appreciate the Ministry’s 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 in Ukraine for many years.

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