On Protection Of Rights To Industrial Designs

Original Language Title: Про охорону прав на промислові зразки

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/3688-12

                                                          

With a k o n u r as th h s for the protection of rights to industrial designs (Supreme Council of Ukraine (BD), 1994, N 7, art. 34) (Introduced in BP N 3770-XII (3770-12) 23.12.93, VVR, 1994, N 7, art. 35) {amended in accordance with the laws of 2188 N-III (2188-14) of 21.12.2000, VVR, 2001, N 8 , 37 N 2921-III (2921-14) of 10.01.2002, VVR, 2002, N 16, 114 N 34-IV (34-15) from 04.07.2002, VVR, 2002, N 35, 256 N 762-IV (762-15) from 15.05.2003, VVR, 2003, N 30, 247 N 850-IV (850-15) of such copies, BD, 2003, N 35, 271 N VI-5460 (5460-17) from 26.10.2012, VVR, 2014, N 2-3, art. 41} {in the text of the law the word "Office" replaced the word "institution" in the relevant cases according to law N 2188-III (2188-14) of 21.12.2000} this law regulates relations arising in connection with the acquisition and implementation of property rights in industrial designs in Ukraine.
Chapter I General provisions article 1. Definitions in this law the following is used in the following meaning: Institution-the central body of the Executive power, which implements the State policy in the field of intellectual property; {The second paragraph of article 1, as amended by law N 2188-III (2188-14) of 21.12.2000; amended by law N VI-5460 (5460-17) from 26.10.2012} industrial design – the result of creative activity in the field of art designing;
author-person creative work which created the industrial design;
patent-patent of Ukraine for industrial design;
the patented industrial design-industrial design, on which the patent was issued;
person-an individual or legal entity; {The seventh paragraph of article 1, as amended by law N 850-IV (850-15) of such copies} application-a set of documents required for issuance of a patent;
the applicant-a person who filed the application or has acquired rights to the applicant otherwise prescribed by law; {The ninth paragraph of article 1, as amended by law N 850-IV (850-15) of such copies} priority application (priority)-Championship in the application;
the date of priority of the date of filing to the institution or to the appropriate authority of the State-participants of the Paris Convention for the protection of industrial property, which claimed priority;
employer-entity that hired the employee for employment agreement (contract);
Directory-the State Register of patents of Ukraine for industrial designs;
The Appeals Chamber-a collective body of an institution for the consideration of objections against the decisions of the Institutions regarding the acquisition of intellectual property rights and other issues referred to its competence in this law; {Article 1 paragraph according to law N 2188-III (2188-14) of 21.12.2000, amended by law N 850-IV (850-15) of such copies} it expertise-authorized Agency State institution (Organization) for review and examination of applications; {Article 1 paragraph according to law N 2188-III (2188-14) of 21.12.2000} State system of legal protection of intellectual property rights-Institution and a set of expert, scientific, educational, information and other relevant specializations of public institutions that are included in the scope of management of the institution. {Article 1 paragraph according to law N 2188-III (2188-14) of 21.12.2000} article 2. The powers of the Institutions in the field of the protection of rights to industrial designs 1. The institution provides the implementation of the State policy in the sphere of the protection of rights to industrial designs, for which: organizes reception of applications to conduct their examination, decides on them;
issuing patents for industrial designs, provides them with State registration;
provides a publication of official information about industrial designs;
carries out international cooperation in the field of legal protection of intellectual property rights and represents the interests of Ukraine on protection of rights to industrial designs in the international organizations in accordance with current legislation;
{The paragraph six of paragraph 1 of article 2 on the basis of Law N VI-5460 (5460-17) from 26.10.2012} organizes information and publishing in the field of legal protection of intellectual property;
organizes research work on improvement of legislation and the Organization of activities in the field of legal protection of intellectual property;
organizes work concerning the retraining of the State system of legal protection of intellectual property;
authorize the State system of legal protection of intellectual property rights, in accordance with their specialization, to perform the individual tasks that are defined in this law, the regulations of the Institution, other normative acts in the field of legal protection of intellectual property;
carries out other powers in accordance with the laws. {The eleventh Paragraph of paragraph 1 of article 2 as amended by law N VI-5460 (5460-17) from 26.10.2012}
2. Financing of the activities of the institution are carried out at the expense of the State budget of Ukraine.
{Article 2 as amended by law N 2188-III (2188-14) of 21.12.2000} Article 3. International agreements if the International Treaty of Ukraine established other rules than those stipulated by the legislation of Ukraine on industrial designs, rules of the international treaty.
Article 4. Rights and duties of aliens and stateless persons 1. Foreigners and stateless persons have equal to citizens of Ukraine, the rights and obligations stipulated by this law,

in accordance with the international agreements of Ukraine, consent to be bound by the Verkhovna Rada of Ukraine.
2. Aliens and stateless persons in a relationship of Agency realize its rights through representatives in matters of intellectual property rights (patent attorneys), registered in accordance with the regulations, approved by the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property.
{Article 4 as amended by law N VI-5460 (5460-17) from the 26.10.2012} Partition II LEGAL PROTECTION of INDUSTRIAL DESIGNS Article 5. Conditions for granting legal protection 1. Legal protection is provided to the industrial sample that does not contradict the public order, the principles of humanity and morality and meets the criteria of patentability. {The paragraph 1 of article 5 amended by law N 850-IV (850-15) of such copies}
2. The object of industrial design can be a shape, picture, or painting, or their combination, which determine the appearance of the industrial product and designed to meet the aesthetic and ergonomic needs.
3. Under this law may not receive legal protection: objects of architecture (except small architectural forms) and industrial, hydraulic and other stationary structures;
printed as such;
objects of unstable forms of liquid, gaseous, loose or like substances, etc. {Fourth paragraph of item 3 article 5 amended by law N 850-IV (850-15) of such copies}
{Paragraph 4 of article 5 on the basis of Law N 850-IV (850-15) of such copies}

5. Ownership of the industrial design certified by the patent.
The period of validity of the patent on industrial design is 10 years from the date of filing to the institution and the institution goes on the request of the patent holder, but not more than five years.
The action of the patent shall be terminated prematurely under the conditions set out in article 24 of this law.
6. Scope of legal protection provided is determined by a combination of salient signs industrial design represented in the image (images) of the product, rendered to the registry, and is certified by the patent described it a copy posted to the registry, the image of the product.
The interpretation of the signs of the industrial design should be carried out within its description.
{Paragraph 6 of article 5 as amended by law N 850-IV (850-15) of such copies} article 6. Conditions of patentability of industrial sample 1. Industrial design meets the patentability criteria, if it is new. {The paragraph 1 of article 6, as amended by law N 850-IV (850-15) of such copies}
2. the industrial model recognized as new, if the set of its significant signs did not become publicly accessible in the world before the date of submission of the application to the Agency, or, if priority has been claimed, to give it priority. In addition, the process of establishing the novelty of the industrial design takes into account the content of all applications received by the Agency before, except for those that the specified date are considered vìdklikanimi, recalled, or by the Institution adopted the decision to refuse to grant a patent and have exhausted the possibilities of appeal against such decisions. {The paragraph 2 of article 6, as amended by law N 850-IV (850-15) of such copies}
3. recognition of industrial design patentable does not disclose information about the author or the person who has obtained from the author directly or indirectly such information within six months prior to the date of filing or, if priority has been claimed, to give it priority. In this case the duty of proving circumstances disclosure relies on identity zaìnteresovanu in applying this paragraph.
{Paragraph 4 of article 6 on the basis of Law N 850-IV (850-15) of such copies} Section III the RIGHT to OBTAIN the PATENT Article 7. The right of the author of 1. The right to obtain the patent is the author or his heir, unless otherwise provided by this law.
2. The authors who created the industrial design of a shared work, have equal rights to obtain the patent, unless otherwise provided by agreement between them.
3. in the case of a revision of the agreement on the composition of the sponsoring Institution under the joint request of the persons designated in the application as the authors, as well as authors, not mentioned in the application as such changes to the appropriate documents in order, the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property.
{The paragraph 3 of article 7 amended by law N VI-5460 (5460-17) from 26.10.2012}
4. The author of the industrial design belongs the right of authorship, that is nevìdčužuvanim a personal right and protected in perpetuity.
Article 8. The right of the employer 1. The right to obtain the patent is an employer, if the industrial design is created in connection with the performance of official duties or order the employer, provided that the employment agreement (contract) provides otherwise. The employer must enter into a written contract with the author, and by its terms to give the reward to the author according to the economic value of industrial design and other benefits received by the employer from the industrial design.
Disputes about the conditions of receiving fees and its size are decided in court.
2. The author of the industrial design gives the employer written notice of industrial design it created with materials that reveal the essence of industrial design clearly and fully.

If the employer within four months from the date of receiving this message does not give the application to the Institution, the right to obtain the patent goes to the author.
Article 9. The right successor right to obtain the patent is under author or successor employer.
Article 10. Right of the first applicant's right to receive a patent for industrial design, created by resolution work belongs to the applicant whose application has the earlier date of submission to the Agency, or, if priority is claimed, the priority date of the earlier, provided the application is considered withdrawn is not withdrawn or her Institution not taken the decision to refuse to grant a patent, the possibilities of appeal which exhausted. {Article 10 amended by law N 850-IV (850-15) of such copies} Chapter IV PROCEDURE for OBTAINING of the PATENT Article 11. Application 1. A person who wishes to obtain a patent and has it right, to the Institution.
2. On behalf of the applicant in the application may be filed through a representative in matters of intellectual property, or other authorized person.
3. The application shall relate to one industrial design and can contain its options (requirement of Unity).
4. The application consists in English and must include: a statement of grant of the patent;
set the image of the product (the product or in the form of its layout or graphic) that give a complete picture of its appearance; {Paragraph three of article 11 paragraph 4 as amended by law N 850-IV (850-15) of such copies} description of the industrial design;
drawing, diagram, map (if necessary).
5. In the application of the patent should indicate the applicant (applicants) and his address, as well as the author (s).
The author has the right to require that its not mentioned as such in any publication of the Organization, in particular in the details of an application or patent.
6. The application should disclose the essence of industrial design is clear enough and complete, so that it could carry out an expert in this field.
7. Other requirements to the documents of the application are determined by the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property.
{Item 7 article 11 amended according to the law N VI-5460 (5460-17) from 26.10.2012}
8. A filing fee is paid. Document on payment of the fee must be received before the Institutions together with the application or within two months from the date of filing. This term continues, but not more than six months, if it will be filed by the appropriate solicitation and paid dues for his view. {Point 8 article 11 amended according to the law N 850-IV (850-15) of such copies} Article 12. Date of filing 1. The date of filing is the date of receipt of the institution of materials, containing at least: a petition in any form of issuance of the patent, a Ukrainian;
information about the applicant and his address, set forth in the Ukrainian language;
the image of the product, which gives an idea of its appearance;
the part that externally resembles the description of the industrial design, laid out in a different language. In the latter case to save the date of filing the translation of this part of the Ukrainian language should go to the Institution within two months from the date of filing.
2. date of filing shall be established in accordance with paragraphs 9, 10 and 11 of article 14 of this law. {Click article 12 as amended by law N 850-IV (850-15) of such copies} Article 13. Priority 1. The applicant is entitled to the priority of an earlier application for the same industrial design within six months from the date of filing of the previous application to the institution or to the appropriate authority of the State-participants of the Paris Convention for the protection of industrial property, if the earlier application is not claimed priority.
2. The priority of the industrial design used in the exhibit shown at an official or officially recognized international exhibitions held in the territory of the State-participants of the Paris Convention for the protection of industrial property can be set by the date of opening of the exhibition, if the application came to the Institution within six months from the specified date.
3. An applicant who wishes to take advantage of the right of priority within three months from the date of filing to the Institution submits a statement of priority with reference to the date of submission and the number of the previous application and its copy, if the application has been filed in a foreign country-participants of the Paris Convention for the protection of industrial property, with translation into Ukrainian language, or proof showing the said industrial design exhibitions carried out on the territory of the State-participants of the Paris Convention for the protection of industrial property. Within the term specified materials may be changed. If these materials are filed too late, the right of priority of an application is considered to be lost, what message is sent to the applicant.
4. For the application in whole or in part may be stated priority of several earlier applications. At the same time, the initial date which is the date of priority shall run from the most early priority date.
5. Priority applies only to signs of industrial design, as indicated in the previous application, the priority of which is claimed.
6. If the application of records management in the Institution is not completed, then the receipt of a statement of priority in accordance with paragraph 3 of this article of the provisional application is considered withdrawn in part

to which the claimed priority.
7. The priority of the industrial design may be determined by the date of receipt of the establishment of the examination of the additional materials, in accordance with paragraph 7 of article 14 of this law as a standalone application, if the application is filed within three months from the date of receipt by the applicant notice of the fact that these materials are not taken into consideration during the examination of an application to which they have been added. {Article 13 paragraph 7 according to law N 850-IV (850-15) of such copies} article 14. Examination of the application 1. Examination of the application has the status of scientific and technical expertise and is held institution examination under this Act and the regulations, established based on the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property.
{The paragraph 1 of article 14 amended by law N VI-5460 (5460-17) from 26.10.2012}
2. Establishment of expertise carries out information activities necessary for the examination of applications, and is the center of the international exchange of publications according to the Convention on the international exchange of publications (995_172), adopted on 3 December 1958, the General Conference of the United Nations for education, science and culture.
3. the final results of the examination of the application that is withdrawn or not withdrawn, is displayed in the obgruntovanomu the conclusion of the examination of the application, which shall come into force after the approval of his institution. On the basis of this conclusion the institution adopts a decision to grant a patent or to refuse to grant a patent. The decision of the Institution shall be sent to the applicant.
The applicant has the right within one month from the date of the receipt by him of the decision of the institution recover copies of material that countered the application. These copies are sent to the applicant within a month.
4. The applicant has the right, on his own initiative or at the invitation of the institution's expertise in person or through a representative to participate in the order established by the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property in consideration of the issues that arose during the examination.
{Item 4 article 14 amended by law N VI-5460 (5460-17) from 26.10.2012}
5. The applicant has the right to amend the application fixes and changes his name (name) and their address, address for correspondence, name and address of his representative.
The applicant may make changes to the application associated with a change in the person of the applicant, provided the consent referred to in the application of the other applicants. Such changes can, with the consent of all the petitioners to make also a person who wishes to become an applicant.
These fixes and changes are taken into account, if they received institution examination no later than receipt of him a document of payment of State fees for the issue of the patent.
The application of error correction or on making any of these changes paid duty, provided the error is not obvious or technical, and the change arose through the dependent on the person submitting the statement of circumstances.
6. Establishment of the examination may request from the applicant providing additional materials if no examination is not possible, or in the case of reasonable doubt the authenticity of any of the information or elements contained in the materials.
The applicant has the right within one month from the date of receiving it or conclude the establishment of examination of the requirement for the provision of additional materials to recover from it copies that countered the application.
Additional materials should be submitted by the applicant within two months from the date of the receipt by him of the message or the conclusion of the institution examination or copies of material that countered the application. The term of submitting additional materials continues, but not more than six months, if it will be filed by the appropriate solicitation and paid dues for his view. This time, missing with good reason, is renewed, if within six months from the end of it will be paid the appropriate fee for petition and his views. If the applicant does not submit additional materials in the prescribed period, the application is considered withdrawn, that he sent the message.
7. If the applicant filed additional materials, in-process examination it turns out, does not go beyond the limits they disclosed in a submitted application form the essence of industrial design.
Supplementary materials transcend the uncovered in submitted the application essentially industrial design if they contain new important signs.
Additional materials to the extent that goes beyond the uncovered in submitted the application essentially industrial design, are not taken into consideration during the examination of the application and may be, after the receipt of the corresponding notice of establishment, decorated by the applicant as a standalone application.
8. During the examination of application: date is set on the basis of article 12 of this law;
Determines whether the object that States to the objects referred to in paragraph 2 of article 5 of this law;
the application is checked for compliance with the formal requirements of article 11 of this law and rules, established based on the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property; {Paragraph four of paragraph 8 of article 14 amended by law N VI-5460 (5460-17) from 26.10.2012}

document on payment of the fee for the application is checked for compliance with the requirements.
9. The compliance of the materials of the application with the requirements of article 12 of this law and the availability of the document on payment of the fee for the application the applicant is sent a notice about the established date of filing.
10. in case of discrepancy the application materials to the requirements of article 12 of this law the applicant immediately sent this message. If a mismatch is resolved within two months from the date of receipt by the applicant of the message, then the date of filing is considered to be the date of receipt of the establishment of the examination are fixed. Otherwise, the request is considered to be nepodanoû, the applicant is sent a message.
11. If the application materials that meets the requirements of article 12 of this law, there is a link on the drawing (schema, map), but such drawings (diagrams, charts) it does not, the applicant is sent a message about it and offered to send the drawing (a schema map) or delete a link to it in the application. In the case of submission of drawings (diagrams, maps) within two months from the date of receipt of the application by the applicant date of notification is considered to be the date of receipt of the establishment of examination of drawings (diagrams, maps). If in this period the applicant does not make the offered him a choice, the application is considered to be nepodanoû, the applicant is sent a message.
12. In case of violation of the requirements of paragraph 8 of article 11 of this law, the application is considered withdrawn, the applicant is sent a message.
13. If there is reason to believe that the declared object does not meet the requirements of paragraph 2 of article 5 or the application does not meet the formal requirements of article 11 of this law and rules, established based on the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property, or document on payment of the fee for the application does not meet the requirements, the establishment of examination sends the applicant about this proved the previous conclusion with a proposal to provide a motivated response with If necessary, specified in the conclusion. {The first paragraph of point 13 of article 14 amended by law N VI-5460 (5460-17) from 26.10.2012} Reply the applicant is granted within the time limit set in paragraph 6 of this article for additional materials, and taken into account during the preparation of the conclusion of the examination of the application.
In case of violation of the requirements of unity, established in paragraph 3 of article 11 of this law, the applicant must indicate in the response industrial design, on which to conduct an examination of the application, and if necessary to make a clarification to the application. While for other industrial designs can be submitted independently of the application.
If the proposal of the establishment of the examination requirement of unity will not be fulfilled, the examination of an application is made for industrial design specified in the description of the first.
{Article 14 as amended by laws of 2188 N-III (2188-14) of 21.12.2000, 850 N-IV (850-15) of such copies} Article 15. Revocation of the application the applicant has the right to withdraw an application at any time prior to the date of payment of the State duty for issuance of the patent.
{Article 15, as amended by law N 850-IV (850-15) of such copies} Article 16. The publication of a patent 1. On the basis of a decision to grant a patent and the availability of documents on payment of State duty for issuance of a patent and the fee for the publication of the grant of the patent is carried out by the publication in the Official Gazette information on granting the patent, determined in the prescribed manner. These duties and fees are to be paid after receipt of the applicant's decision to grant a patent.
If within three months from the date of receipt of the applicant's decision to grant the patent documents on payment of State duty for issuance of a patent and the fee for the publication of the grant of the patent in the amount and manner defined by law, to the establishment of examination is not received, the publication is not produced, and the application is considered withdrawn.
Period of receipt of these documents, but not more than six months, if it will be filed by the appropriate solicitation and paid dues for his view. This time, missing with good reason, is renewed, if within six months from the end of it will be paid the appropriate fee for petition and his views.
2. After the publication of information on the issuance of a patent, any person has the right to get acquainted with the materials of the application in the prescribed manner. The familiarization with the materials of the application fee is paid.
{Article 16 as amended by laws of 2188 N-III (2188-14) of 21.12.2000, 850 N-IV (850-15) of such copies} article 17. The registration of a patent 1. Simultaneously with the publication of information about the issue of patent central body of the Executive power, which ensures the formation of State policy in the sphere of intellectual property carries out State registration of the patent on industrial design, which contributes to the register the relevant information. The form of the Register and the procedure for its maintenance shall be determined by the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property.
{The paragraph 1 of article 17, as amended by law N VI-5460 (5460-17) from 26.10.2012}
2. after entry in the register of information any person has the right to read them in the order determined by the central body of the Executive power, which ensures the formation of the State

policy in the field of intellectual property and to receive according to your petition statement from the registry for information about patent, subject to payment of the fee for the filing of this petition. {The paragraph 2 of article 17, as amended in accordance with the laws of the 850 N-IV (850-15) of such copies, N VI-5460 (5460-17) from 26.10.2012}
3. Errors in the Registry information only at the initiative of the holder of the patent or the establishment. {The first paragraph of item 3 of article 17 as amended by law N 850-IV (850-15) of such copies} in the register on the initiative of the holder of the patent may be amended according to the list of possible changes. For entry in the register changes to patent is paid.
{Article 17 paragraph 3 according to law N 2188-III (2188-14) of 21.12.2000} Article 18. Issuance of a patent 1. The issuance of the patent is carried out by Institution in the month after the State registration of the patent. A patent is issued to the person who has the right to obtain the patent. If the right to receive a patent have several persons, they appear to be one patent.
A patent issued under the responsibility of its owner without patent.
2. the Form of the patent and the content of the specified therein the information determined by the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property.
{The paragraph 2 of article 18 amended by law N VI-5460 (5460-17) from 26.10.2012}
3. The issued patent at the request of its owner Institution amends the obvious errors with the following notification in the Official Gazette.
4. In case of loss or zìpsuvannâ a patent its owner seems to be a duplicate of the patent in the manner prescribed by the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property. For issuing a duplicate patent shall be paid.
{Article 18 paragraph 4 in accordance with the laws of the 850 N-IV (850-15) of such copies, N VI-5460 (5460-17) from 26.10.2012} Article 19. Appeal against the decision of the application 1. The applicant may appeal the decision of the institution on request in court, as well as to the Appeal Chamber within two months from the date of receipt of the decision of the institution or copies of the materials requested under paragraph 3 of article 14 of this law.
2. If the decision of the Institution on request appealed to the Court after the State registration of the patent, the Court decides together and questions regarding the validity of the corresponding patent.
3. The right to appeal the decision of the institution to the Appeal Chamber is lost in the case of payment of the State duty for issuance of the patent.
4. the appeal against the decision of the central organ of executive power that provides the formation of State policy in the field of intellectual property to the Appeal Chamber is made by submitting an objection against the decision in the manner prescribed by this law and the regulations based on the appeal of the House approved the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property.
For submitting an objection shall be paid. If the fee is not paid within the time limit specified in paragraph 1 of this article, the objection is considered to be nepodanim, the applicant is sent a message.
{Paragraph 4 of article 19, as amended by law N VI-5460 (5460-17) from 26.10.2012}

5. In the case of receipt of appeals objections and the document on payment of the fee for filing the objection record the application stops to approve the decision of the Appeals Chamber.
6. Objections against the decision of the institutions the application considered under the rules of the Appeals Chamber, within two months from the date of receipt of the denial and the document on payment of the fee for the submission of objections within the reasons outlined by the applicant in the denial and review it. Term of consideration of objections continued at the initiative of the applicant, but not more than two months to the end of it will be paid the appropriate fee for petition and his views.
7. According to the results of consideration of objections of the Appeals Chamber accepts motivated decision, approved by the order of the Institution and sent to the applicant.
In case of satisfaction of the denial of all or part of the submission of the objection shall be returned.
8. Approve the decision of the Appeals Chamber, in a month's time from the date of its adoption, the head of the institution may make a reasoned written protest to this decision, that should be considered for a month. The decision of the Appeal Chamber, taken by this protest, is final and can be cancelled only by the Court.
9. The applicant may appeal the decision of the Institution approved by the Appeals Chamber in court within two months from the date of receipt of the decision.
{Article 19 in the wording of Laws N 2188-III (2188-14) of 21.12.2000, 850 N-IV (850-15) of such copies} Section V rights and obligations arising from the PATENT Article 20. The rights arising from a patent 1. The rights arising from a patent, valid from the date of publication of the information about his extradition on condition of payment of the annual fee for maintenance of the patent.
2. The patent gives its owner the exclusive right to use the industrial design at own discretion, if such use does not violate the rights of other owners of patents.
Relationships when using the industrial design patent which is owned by several persons, shall be determined by agreement between them. In the absence of such an agreement, each owner of a patent may

use the industrial design on your own, but none of them has the right to give permission (to issue a license) to use the industrial design and transfer ownership of the industrial design to another person without the consent of the rest of the owners of the patent.
The use of industrial design is recognized manufacturing using the patented industrial design, the use of such a product, offer for sale, including via the Internet, sales, import (import) and another putting it into civil turnover or the storage of such a product in the specified order.
{Third Paragraph of paragraph 2 of article 20 amended by law 34 N-IV (34-15) from 04.07.2002, as amended by law N 850-IV (850-15) of such copies} Product recognized manufactured using the patented industrial design, if used all relevant signs of industrial design.
3. A patent gives its owner the right to prohibit other persons to use the industrial design without his permission, except in cases where such use is not recognized under this law in breach of the rights of the patent owner.
4. The owner of the patent may transfer, on the basis of contract ownership of industrial design to any person who becomes an assignee of the patent owner.
5. The owner of the patent has the right to give to any person a permit (to issue a license) to use the industrial design on the basis of a licensing contract.
6. The agreement on the transfer of ownership on industrial design and copyright agreement is considered valid if they are concluded in writing and signed by the parties.
Party to the contract has the right to inform an indefinite range of people about the transfer of ownership of the industrial design or the issuance of licenses for the use of industrial design. Such awareness is carried out by means of publication in the Official Gazette the information in volume and order established by the central body of the Executive power, which ensures the formation of State policy in the field of intellectual property, simultaneously making them to the registry.
{The second paragraph of paragraph 6 of article 20 as amended by law N 850-IV (850-15) of such copies; amended by law N VI-5460 (5460-17) from 26.10.2012} for the publication of specified information and proposed by a party to the Treaty changes to information about license fees are paid. {Paragraph of paragraph 6 of article 20 as amended by law N 850-IV (850-15) of such copies}
{Point 6 article 20 as amended by law N 2188-III (2188-14) of 21.12.2000}
7. The owner of the patent has the right to apply to the institution for the official publication of the application for granting any person permission to use patented industrial design. In this case, the annual fees for maintaining the patent reduced by 50 per cent since the year following the year of publication of such a statement.
The person who found the desire to use the specified permission is obliged to conclude with the owner of the patent agreement payments.
Disputes arising during the conclusion and execution of this contract will be resolved in court.
If no person is declared by the owner of the patent of his intention to use the industrial design, it may submit to the Institution a written petition for recall of their application. In this case, the annual fees for maintaining the patent must be paid in full amount starting from the year following the year of publication of such application.
8. The rights deriving from the patent, without affecting any other personal property or non-property rights of the author of the industrial design that are regulated by other legislation.

{Article 21 excluded by law N 850-IV (850-15) of such copies} Article 22. Actions not recognized violation of rights 1. Any person who is to give a view to the institution of the application or, if priority is claimed, before the date of its priority in the interests of their activity in good faith used in Ukraine claimed industrial design or made significant and serious preparation for such use, retains the right to a free continuation of this use or for the use of industrial design, as it was supposed by the preparation (the right of prior use).
The right of prior use may be transferred or move on to another person only together with the enterprise or business practices, or that part of the enterprise or business practices, which was used by its industrial design or made significant and serious preparations for such use.
2. Not recognized violation of the rights granted by a patent, the use of patented industrial design: in the design or operation of the vehicle of a foreign country, which temporarily or accidentally found in the waters, airspace or territory of Ukraine, provided that the industrial design is used exclusively for the needs of a specified vehicle;
without any commercial purpose;
with scientific purpose or in the manner of the experiment;
for emergency circumstances (natural disaster, disaster, epidemic, etc.) with a message about the use of the patent owner immediately as it will be practically possible and paying him appropriate compensation. {Paragraph of paragraph 2 of article 22 as amended pursuant to the law N 850-IV (850-15) of such copies}
3. do not acknowledge a violation of rights granted by the patent, enter in the civil circulation a product made with the use of

patented industrial design, after the introduction of this device in the civil circulation by the owner of the patent or with his express permission.
{The paragraph 3 of article 22 as amended pursuant to the law N 850-IV (850-15) of such copies} Article 23. Obligations arising from the patent 1. The owner of the patent shall in good faith to use the sole right arising from the patent.
If the industrial design is not used or not used in Ukraine for three years starting from the date of publication of the grant of the patent or from the date when the use of industrial design was discontinued, then any person who has a desire and reveals a willingness to use the industrial design, in case of refusal of the patent owner from concluding license agreement may apply to the Court a statement about giving her permission to use the industrial design. {The second paragraph of paragraph 1 of article 23, as amended by law N 762-IV (762-15) from 15.05.2003} if the owner of the patent proves that the fact of non-use or insufficient use of the industrial design is driven by a reputable causes, the Court issues a decision on granting permission to zaìnteresovanìj the person to use the industrial design of the definition of the scope of its use, the term of the permit, the size and order of payment of compensation to the owner of the patent. {Paragraph three of clause 1 of article 23, as amended by law N 762-IV (762-15) from 15.05.2003}
2. The owner of a patent shall give permission (to issue a license) to use the industrial design owner later issued the patent, industrial design if the latter is intended to achieve another purpose, or has significant technical and economic benefits and may not be used without violating the rights of the first owner. While the provision of such a permit can be attributed to the corresponding permission of the owner of the later patent issued that must give permission if its industrial design industrial design builds upon the owner of the earlier patent issued or intended to achieve the same purpose. Permission is given to the extent necessary to use the industrial design by the owner of the patent, that such permission zatrebuvav.
Disputes concerning licenses are resolved in court.

Chapter VI TERMINATION of the PATENT and DECLARING IT NULL and VOID Article 24. Patent termination 1. The owner of the patent at any time may refuse it completely or partly on the basis of the application submitted to the institution.
Indicated renunciation shall take effect from the date of publication in the Official Gazette.
2. The action of the patent on industrial design shall be terminated in the event of non-payment in due time the annual charge for maintaining it.
The annual fee is paid for each year of validity of the patent, counting from the date of filing. The first document on payment of the specified fee must be received before the Institutions simultaneously with the document on payment of the fee for granting the patent. Document on payment of the fee for each subsequent year must go to the Institution before the end of this year, subject to payment of charge for his last two months.
Annual fees for maintaining the patent can be paid, and the document about its pay-go to the Institution within six months after the established deadline. In this case, the size of the annual fee increases by 50 percent.
The action of the patent shall be terminated on the first day of the year for which the fee is not paid.
Article 25. Recognition of the patent nullity 1. A patent can be found in court to be invalid wholly or partly in the case: a) inconsistencies patented industrial design conditions of patentability defined in this law;
b) the totality of the significant signs of industrial design features, which were not submitted in the application;
as a result of the issuance of the patent) application in violation of the rights of others. {Sub "in the" item 1 article 25 as amended by law N 850-IV (850-15) of such copies}
{The paragraph 2 of article 25 excluded by law N 850-IV (850-15) of such copies}

3. Invalidation of the patent or its parts invalid Institution reported this in its official Gazette.
4. The patent or part, invalid, deemed not to take effect from the date of publication of the grant of the patent.
{Article 25 as amended by law N 2188-III (2188-14) of 21.12.2000} Chapter VII PROTECTION of Article 26. Violations of the rights of the patent owner 1. Any encroachment on the rights of the owner of the patent, provided for in article 20 of this law, is considered a violation of the rights of the owner of the patent, that entails responsibility according to the current legislation of Ukraine.