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On Protection Of Rights To Industrial Designs

Original Language Title: Про охорону прав на промислові зразки

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C A C U A TO R S
About the Protection of the Rights to Industrial Samples

(Information of the Verkhovna Rada of Ukraine (VR), 1994, N 7, pp. (34)
(Entered by the Resolution of VR)
N 3770-XII ( 3770-12 ) 23.12.93, BBB, 1994, N 7, st. (35)
{With changes under the Laws
N 2188-III ( 2188-14 ) of 21.12.2000, VR, 2001, N 8, pp. 37
N 2921-III ( 2921-14 ) from 10.01.2002, VB, 2002, N 16, pp. 114
N 34-IV ( 34-15 ) from 04.07.2002, IWR, 2002, N 35, pp. 256
N 762-IV 762-15 ) of 15.05.2003, VR, 2003, N 30, pp. 247
N 850-IV 850-15 ) from 22.05.2003, VR, 2003, N 35, pp. 271
N 5460-VI ( 5460-17 ) 16.10.2012, VCE, 2014, N 2-3, pp. 41}

{In the text of the Act, the word "Widom" is replaced by the word "Decree"
in relevant differences according to the N 2188-III Act
( 2188-14 ) 21.12.2000}

This Act governs the relationship arising from the
Acquiring and exercising the ownership of industrial samples in
Ukraine.
Section I
GENERAL PROVISIONS
Article 1. Definition
In this Act, the lower case is used as follows: The institution is the central executive body that implements
Public policy in intellectual property; {Abzac
second Article 1 in the edition of Act N 2188-III ( 2188-14 ) From
21.12.2000; with changes made under Act N 5460-VI
( 5460-17 ) 16.10.2012} industrial specimen-the result of human work in the world
The field of artistic design; the author is the person whose work is created by the industrial
A sample The patent is a patent of Ukraine on an industrial example; patented industrial sample-an industrial sample, on
A patent issued; a person is a physical or legal entity; {Abzac of the seventh article 1
with changes made under the N 850-IV Act ( 850-15 ) From
22.05.2003} application-the collection of documents required for the issuance
Patent; The applicant is the person who submitted the application or given the rights of the applicant in
Other established law; {Abzac Article 1 of Article 1 of
changes in accordance with the N 850-IV Act ( 850-15 ) From
22.05.2003} {\f29 requisition priority } {\f29 is a the priority date is the date the application will be submitted before or before
the corresponding body of the State-the party of the Paris Convention on
The protection of the industrial property under which the priority is given; The employer is the person who hired a labor worker
Contract (contract) Register-State registry of patents of Ukraine in industrial
Samples; Appellate Chamber-Collegial Body for Review
Against a decision to set up rights to objects
intellectual property and other matters taken to its
Competence under this Act; {Article 1 is supplemented by paragraph according to
Act N 2188-III 2188-14 ) 21.12.2000, with changes
In accordance with the Law N 850-IV ( 850-15 ) From 22.05.2003} The institution is authorized by the Government of Ukraine
(enterprise, organization) to review and conduct expertise
Applications; {Article 1, supplemented by paragraph under Law N 2188-III
( 2188-14 ) 21.12.2000} State Intellectual Property Legal Protection System-
Institution and aggregate of expert, scientific, educational,
information and other relevant specialization of public
The establishment of the Installation Management Sphere. {Article 1
complemented by the paragraph under the N 2188-III Act ( 2188-14 ) From
21.12.2000}
Article 2. Office of the Secretary-General
industrial samples
1. The decision provides for the implementation of public policy in the field of
protection of the rights to industrial samples, for which: Organizes the application of applications, conducting their expertise,
Accepts decisions concerning them; issued patents to industrial samples, provides their state
Registration provides the publication of official information about the industrial
Samples; International cooperation in the field of legal protection
intellectual property and represents Ukraine ' s interests on issues
Protection of Human Rights in International Organizations
In accordance with the current legislation; {Paragraph 1 of sixth paragraph 1 of Article 2 is excluded based on the Law of the
N 5460-VI ( 5460-17 ) 16.10.2012}
organizing information and publishing activities in the field
The legal protection of intellectual property; organises research work on improvement
legislation and organization of activities in the field of legal
intellectual property; Organizes the work for retraining of state personnel
The legal protection system of intellectual property; Commissions the institutions that enter the State legal system
Intellectual property protection, according to their specialization,
comply with the individual tasks defined by this Act,
on the Establishment, other legal instruments in the field of legal
Protection of intellectual property; (...) (...) {Paragraph
Eleventh paragraph 1 of Article 2 in the edition of Law N 5460-VI
( 5460-17 ) 16.10.2012}
2. The funding of the activities of the Installation is to be carried out by the
The State Budget of Ukraine. {Article 2 in the edition of Act N 2188-III 2188-14 ) From
21.12.2000}
Article 3. International treaties
If the International Treaty of Ukraine establishes other rules,
than those provided by the legislation of Ukraine about industrial
Examples, the rules of the international treaty apply.
Article 4. Rights and duties of foreigners and persons without
Citizenship
1. Foreign and persons without citizenship have equal rights
the citizens of Ukraine the right and duty provided by this Act,
accordance with international treaties of Ukraine, the agreement on
The duty of which is provided by the Verkhovna Rada of Ukraine.
2. Innoworld and stateless persons in relations with
The institution will implement their rights through representatives in cases
intellectual property (patent attorneys) registered in the
according to the position approved by the central authority
the executive branch, which provides the formation of public policy in
Intellectual property. {Article 4 in the edition of Act N 5460-VI ( 5460-17 ) From
16.10.2012}
Chapter II
LEGAL PROTECTION OF INDUSTRIAL SPECIMENS
Article 5. Conditions for the provision of the legal protection
1. The legal protection is provided by an industrial sample that is not
contrary to public order, the principles of humanity and morality and
meets your proprietary patents. {Paragraph 1 of Article 5 of the
changes in accordance with the N 850-IV Act ( 850-15 ) From
22.05.2003} 2. The object of an industrial sample can be shape, drawing or
colorings or their combination that determine the appearance
industrial production and designed to meet aesthetic and
ergonomic needs. 3. Under the Act, the Act cannot obtain legal protection: architecture objects (other than small architectural forms),
Industrial, hydrotechnical and other stationary facilities; Printed products as such; objects of a volatile form of liquid, gaseous, liquid, or
Such as substances, such as substances. {Paragraph 4 of Article 5, paragraph 3
with changes made under the N 850-IV Act ( 850-15 ) From
22.05.2003}
{Paragraph 4 of Article 5 is excluded under Act N 850-IV
( 850-15 ) From 22.05.2003}
5. The ownership of an industrial specimen is being made
A patent. Patent actions on an industrial sample are 10 years
from the date of submission to the installation and proceeding with the
The petition to the owner of the patent, but not more than five years. The patent is terminated early in terms of the patent.
Article 24 of this Act. 6. The scope of the legal protection provided is determined by
the set of essential signs of an industrial sample presented at the
the images (images) of the goods made to Reester, and
A patent was issued with a copy of the
The image register of the product. The interpretation of an industrial sample should be carried out in
Their description. {Paragraph 6 of Article 5 in the edition of Act N 850-IV ( 850-15 ) From
22.05.2003}
Article 6. Industrial model's patent terms
1. The industrial sample meets the patents conditions,
If he's new. {Paragraph 1 of Article 6 has been amended
with the N 850-IV Act 850-15 ) From 22.05.2003} 2. An industrial sample is recognized as new if the population of its
The essential signs did not become publicly available in the world prior to the date of submission
Installation requests or, if a priority is given, to date
priority. In addition, in the process of establishing the novelty of the industrial
the sample is taken into account the content of all previously received by the Decree
statements, except for those on the specified date are considered
revoke, withdrawn or by default decision
concerning the failure of issuing patents and the exhaustive possibility of appeal
Such decisions. {Paragraph 2 of the article 6 has been amended in accordance with
Act N 850-IV 850-15 ) From 22.05.2003} 3. In recognition of the industrial sample, the patent is not
affect the disclosure of information about him by the author or person who
received from the author directly or indirectly such information
for six months before submitting the application to the Install or,
If a priority is given, a priority should be given to its priority. With this
the obligation to prove the circumstances of disclosure is entrusted to the
a person who is involved in applying this item.
{Paragraph 4 of Article 6 is excluded under Act N 850-IV
( 850-15 ) From 22.05.2003}

Chapter III
RIGHT TO BE GRANTED A PATENT
Article 7. Author's right
1. The right to receive the patent has the author or its successor,
if the other is not provided by the Act. 2. The authors who created an industrial example common work
have equal rights to obtain a patent if another is not provided
the agreement between them. 3. In case of reviewing the terms of the terms of the authors of the Resolution
by the joint petition of persons listed in the application as authors,
also authors not listed in the application as such, to make changes to
the relevant documents in the order established by the central
an executive body that provides the formation of a state
intellectual property policy. {Paragraph 3 of article 7 with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
4. The author of the industrial sample is owned by the authorship of
An unalienated personal right and guards are untenable.
Article 8. Employer's right
1. The right to receive a patent has a employer if
An industrial specimen was created in connection with the execution of the
the employer ' s duties or commission, provided that the labour force
contract (contract) is not provided. The employer must
make a written agreement with the author and under its terms
the reward of the author according to the economic value of the industrial
a sample and other benefit obtained by employer from industrial
A sample. Disputes over the conditions of the reward and its size
They are solved in a court order. 2. The author of the industrial specimen delivers the employer in writing
a message made by it an industrial specimen with materials,
The fact that the nature of the industrial sample is revealed is fairly clear and complete. If a employer for four months of the date
Receiving this message will not apply to the Install, then
the right to receive a patent goes to the author.
Article 9. Right of succession
The right to receive a patent has a legal successor
The author or employer.
Article 10. The right of the first applicant
The right to receive a patent on an industrial specimen created by
A common work item belongs to the applicant, whose application has more than an early
date of submission to Install or, if issued priority, earlier
the priority date, provided that the specified application is not considered
Withdrawn or withdrawn or not accepted
the decision to issue the issuance of the patent, the possibility of the challenge of which
I'm sorry. {Article 10 of the changes made under the Act
N 850-IV 850-15 ) From 22.05.2003}

Chapter IV
PATENT ACQUISITION ORDER
Article 11. Application
1. A person who wishes to receive a patent and has the right to
Apply to Install. 2. By instructed the applicant can be submitted via
an intellectual property representative or other trusted
A person. 3. The application must refer to one industrial pattern and
He can contain his options (the requirement of unity). 4. The application is composed of Ukrainian language and must contain: A statement of issuing a patent; the set of images (or in the form of its image)
layout, or drawing) giving a complete view of its external
looks; {Abzac third paragraph 4 of Article 11 in the edition of the Law
N 850-IV 850-15 ) From 22.05.2003} Description of the industrial pattern; drawings, scheme, map (if necessary). 5. In a statement on issuing a patent, it is necessary to specify the applicant
and his address, as well as the author (s). The author is entitled to demand that he not be remembered as such a
any publication of the Installation, in particular in information about the application or
a patent. 6. The application should disclose the essence of the industrial sample quite
It's clear and full of it to be able to carry out a specialist in the meaning of
industry. 7. Other requirements for application documents are determined by the central
an executive body that provides the formation of a state
intellectual property policy. {Paragraph 7 of article 11 with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
8. A collection is paid for submission. Payment Document
collection should come to Install together with the application or during
Two months from the date of submission. This line continues, but
no more than six months if until his split,
A proper petition and paid for his presentation. {Item 8
Article 11, as amended by Act N 850-IV
( 850-15 ) From 22.05.2003}
Article 12. Submission Date
1. Date of submission is the date of the Decree.
materials containing at least: A petition in any form of issuing a patent published in
In the Ukrainian language; information about the applicant and its address set out
In the Ukrainian language; the image of the production, which gives an idea of its appearance; a part that externally resembles a description of the industrial sample,
have been taught in a Ukrainian or other language. In the last case,
saving the date of submission to translation of this part of the Ukrainian
language must come to the Installation for two months from date
Filing a requisition. 2. The date of submission of the application shall be set according to paragraphs 9,
Articles 10 and 11 of this Act. {Paragraph 12 of the revision
Act N 850-IV 850-15 ) From 22.05.2003}

Article 13. Priority
1. The applicant shall be entitled to the priority of the prior application for such a
Same industrial sample for six months from the date of submission
Prior application to the institution or to the appropriate body of the state-
of the Paris Convention for the Protection of Industrial Property,
If a previous request is not a priority. 2. The priority of the industrial pattern used in the exhibits
listed on official or officially recognized international
Exhibitions held in the territory of the State of Paris
the Convention on the Protection of Industrial Property, may be established
for the date of the opening of the exhibition if the application has come to the
for six months from the specified date. 3. The applicant who wishes to take advantage of the right to priority,
within three months of the date of submission to the installation of
statement priority with reference date and number
prior application and its copy, if this application was filed in
A Foreign State of the Paris Convention on the Protection of Human Rights
industrial property, with translation into Ukrainian, or
a document confirming the display of the specified industrial sample on
Exhibitions held in the territory of the State of Paris
Convention on the Protection of Industrial Property. Within this line
the marked materials can be changed. If these materials are submitted
untimely, the right to the priority of the application is considered to be lost, about
I don't know what the applicant is sending 4. Requests for a whole or part of the application may be stated
the priority of several previous requests. On this row, the original
the date that the priority date is calculated from the earliest
Prioritize. 5. Priority only applies to those features of industrial
the sample that is specified in the previous request, the priority of which
Stated. 6. If the application does not include the previous application
completed, the statement of priority according to the paragraph
3 of this article the previous application is considered withdrawn in part,
A given priority. 7. The priority of the industrial sample can be set for
the date of the establishment of an examination of additional materials,
in accordance with paragraph 7 of Article 14 of this Act as
an independent application if this application is filed within three months.
from giving the applicant a message that is specified
the materials do not take into account during the examination of the application to which
They were added. {Article 13 is supplemented by paragraph 7 according to
Act N 850-IV 850-15 ) From 22.05.2003}

Article 14. Application Examination
1. The application expertise has a status of scientific and technical expertise
and conducted by the institution of expertise under this Act and
rules established on its basis by the central body of the executive
power, which ensures the formation of public policy in the sphere of
intellectual property. {Paragraph 1 of article 14 of the changes under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
2. The institution of expertise provides information activities,
required for examination of applications, and is the centre of
international exchange of editions according to the Convention on
International exchange of editions ( 995_172 ), adopted on 3 December
1958 General Conference of the United Nations
the questions of education, science and culture.
3. End results of an examination application
revoke or not withdrawn, displayed in obrusted
the conclusion of the examination for the application of the following
Approval of his Decree. Based on this conclusion
accepts the decision to issue a patent or a denial of issuance
A patent. The decision of the institution is sent to the applicant.
The applicant has the right for a month from the date of receiving
the installation solution will request copies of the contrasted materials
The application. These copies are sent to the applicant for the month.
4. The applicant shall have the right of its own initiative or invitation
the institution of expertise personally or through its representative of the brothers
participation in the established central executive body that
provides the formation of public policy in the sphere of intellectual
of the order in consideration of matters arising during the
-Expert. {Paragraph 4 of article 14 with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
5. The applicant shall have the right to apply for errors and
changing their name (naming) and its address, address to
Correspondence, name and address of its representative.
Applicant may make changes related to change
of the applicant, subject to the consent of the applicant in the application of others
Applicants. Such changes can be followed by all applicants to contribute also
The person who wishes to be a claimant.
These fixes and changes are counted if they are obtained
the institution of expertise not later by the recipient of the payment document
State customs for issuing a patent.
For correction of error correction or amendment
any of the marked changes of the collection, provided that
error is not obvious or technical, but change originated through addiction
I'm sorry, I'm sorry.
6. A schedule of expertise may require the applicant to provide
additional materials if without them conducting expertise
impossible, or if the obgruent doubts occur in the case
The authenticity of any information contained in
the materials of the application.
The applicant has the right for a month from the date of receiving
Notice or conclusion of an examination requirement
additional materials requested from it copies of materials
Counterposed statements.
Additional materials must be filed by the applicant for two
Months from the date of the establishment of the institution
Examination or copy of materials that are contrasted with the application. Rows
the presentation of additional materials continues, but not more than
six months if the answer is given
A petition and a gathering for his presentation. This row is skipped
for respectable reasons, renewed if within six months of
His split will be given a proper petition and paid for a gathering for
-His presentation. If the applicant does not apply extra materials to
set of rows, the application is considered to be recalled
Sending a message.
7. If the applicant is given additional materials, in the process
The experts are figuring out whether they come outside of the revealed
The application of the essence of the industrial specimen was given.
Additional materials go beyond the open in the Sudan
the application of essentially an industrial sample if they contain new essential
Signs.
Additional materials in part that goes beyond the open source
in the submitted application of the essence of the industrial sample, do not take into account
during examination of the application and may, after
the relevant message of the institution of expertise made by the applicant
-As a self-statement.
8. Under examination:
sets the date of submission of an application based on an article
12 of this Act;
determines whether the object is claimed before the
the objects specified in paragraph 2 of Article 5 of this Act;
the application is being tested against formal requirements
article 11 of this Act and the Regulations established on its basis
the central body of the executive power, which provides the formation
Intellectual Property Policy; {Abzac
fourth paragraph 8 of article 14, as amended by
Act N 5460-VI ( 5460-17 ) 16.10.2012}
the request for submission fee is checked for
Compliant with set requirements.
9. To comply with the requirements of article 12 requirements of this
Law and the availability of a requisition fee document
The applicant is sent a message of a set date of submission
Bids.
10. In case of discrepancy of request materials
Article 12 of this Act is immediately sent to
Message. If the discrepancy is eliminated within two months
from the date of the message to the applicant, the date of submission of the application
is considered to be the date of the institution of the examination of the
materials. Otherwise, the application is considered unwell.
The applicant is sent a message.
11. If in the material of the application to comply with the requirements of Article 12
this law, there is a reference to a drawing (scheme, map), but such a
drawings (schemes, cards) there is no card in it, the applicant is sent about it
message and is offered to send a blueprint
(map, map) or delete a reference to it in the application. In case
the drawing drawing (schemes, maps) for two months from the date
receiving a request date for submission of a bid is considered
The date of the examination of the examination of the drawing (scheme, maps). If
the applicant will not make the proposed choice, then
The application is considered unmisinformed about what the applicant is being sent
Message.
12. In case of violation of the requirements of paragraph 8 of Article 11 of this Act
The application is considered to be recalled, that the applicant is sent
Message.
13. If there is reason to believe the object ' s statements are not
Complies with the requirements of paragraph 2 of Article 5 or the application shall not comply
the formal requirements of Article 11 of this Act and the rules established by the
on its basis by the central body of the executive branch providing
The formation of public policy in intellectual property,
Whether or not the document will be collected for the submission of the application
set requirements, then the examination of the examination sends
This is an overloaded preliminary conclusion with the proposal to provide
motivated response to the removal, if necessary, specified
the conclusion of the drawbacks. {First paragraph 13 of article 14 of the
changes under the Act N 5460-VI ( 5460-17 ) From
16.10.2012}
The applicant is given in rows set by paragraph 6.
this article for additional materials, and taken into account under
time of preparation for the conclusion of an examination.
In case of violation of the requirement of unity established by paragraph 3
article 11 of this Act, the applicant must be noted in the reply
an industrial sample to be conducted by an application expert, and
in the case of the need to clarify the application. With respect to
Other industrial examples may be submitted to independent applications.
If there's a proposal for an expert, there is no unity.
completed, application expertise is conducted on an industrial sample,
listed first. {Article 14 in the edition of Laws N 2188-III 2188-14 ) From
21.12.2000, N 850-IV 850-15 ) From 22.05.2003}
Article 15. Revoke requisition
The applicant has the right to withdraw the application at any time before the date
Payment of a state tariff for issuing a patent. {Article 15 of the changes in accordance with the N 850-IV Act
( 850-15 ) From 22.05.2003}
Article 16. Publication of the issuance of a patent
1. On the basis of the issuance of the patent issuer and for the presence of
documents on the payment of the state mit for issuing a patent and the gathering for
The publication of the patent issuance is made by the publication in the official
Information on the issuance of patents defined in the
Okay. Mito and collection are paid after entering
The applicant to issue a patent.
If within three months of the date of the applicant
the decision to issue a patent on a state bill for payment of
issuing a patent and gathering for publication of a patent issuance in the amount of
and order, defined by legislation, to the institution of expertise not
Come on, the publication is not to fail, and the application is considered to be
Withdrawn.
The entry of these documents continues, but not more
than for six months, if until its split, the appropriate
A petition and a gathering for his presentation. This row is skipped
for respectable reasons, renewed if within six months of
His split will be given a proper petition and paid for a gathering for
-His presentation.
2. After publishing information about the issuer of the patent any
person has the right to familiarize the material in the institution established
Okay. For example, a collection is paid for the application material. {Article 16 in the edition of Laws N 2188-III 2188-14 ) From
21.12.2000, N 850-IV 850-15 ) From 22.05.2003}

Article 17. Patent registration
1. Simultaneous with the publication of the patent issuance
the central executive body that provides the formation
Public policy on intellectual property
government registration of a patent on an industrial sample, for
to the Register of relevant information. Register and Order Form
its conduct is determined by the central body of the executive
provides the formation of public policy in the sphere of intellectual
Property. {Paragraph 1 of article 17 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
2. After making the Register, any person has
the right to read them in a manner defined by the central
an executive body that provides the formation of a state
Intellectual Property and Implications of Intellectual Property Policy
prior to his petition to the Register about the patent information,
, on the terms of the payment of the gathering for submission of this petition. {Paragraph 2
Article 17 of the changes made under the Laws N 850-IV
( 850-15 ) from 22.05.2003, N 5460-VI ( 5460-17 ) 16.10.2012} 3. Errors in contributions to the Register are corrected for
the initiative of the owner of the patent or the Installation. {First paragraph 3
article 17 in the edition of Act N 850-IV ( 850-15 ) From 22.05.2003} Prior to Registry, the patent owner may be
The changes are made in accordance with the possible changes made. For
A patent is made for the patent of the patent. {Article 17 is supplemented by paragraph 3 under Act N 2188-III
( 2188-14 ) 21.12.2000}
Article 18. Issuance of a patent
1. The issuance of a patent is carried out by the Decree on the lunar line
after the public registration of the patent. The patent is issued to the person who
has the right to receive a patent. If the right to obtain a patent
They have a number of individuals, they are issued a patent. The patent is issued by its owner without
the guarantee of the patent effect. 2. The form of the patent and the content of the specified information
are determined by the central body of the executive power, which provides
The formation of public policy in intellectual property.
{Paragraph 2 of Article 18 of the changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012} 3. To the issued patent on demand of its owner
to correct the obvious errors with the following message
It's on the official ballot. 4. In case of loss or spotting the patent of his owner
issued a duplicate patent in the order established by the central
an executive body that provides the formation of a state
intellectual property policy. For duplicate
The patent is being collected. {Article 18 is supplemented by paragraph 4 under the Laws N 850-IV
( 850-15 ) from 22.05.2003, N 5460-VI ( 5460-17 ) 16.10.2012}
Article 19. Challenge decision on application
1. The applicant may challenge the decision of the Installation of the
Court order, as well as to the Appeals Chamber for two
months from the date of the installation of the installation or copies of the materials,
Under paragraph 3 of Article 14, paragraph 3 of this Act.
2. If the decision to Establish for the application is disputed in the court
the order after the public registration of the patent, the court decides together and
the question of the validity of the relevant patent.
3. The right to appeal the decision to the Appeals Chamber
is lost in the case of payment of a state fee for issuing a patent.
4. Complaints of the decision by the central executive
what provides the formation of public policy in the sphere
Intellectual Property to the Appeals Chamber is carried out
by presenting the negation against decision in order set by
by this Act and on its basis by the Regulation of the Appeals Chamber,
approved by the central body of the executive branch providing
The formation of public policy in intellectual property.
A gathering is paid for. If the collection is not paid in
rows specified in paragraph 1 of this article, negation is considered
No, I don't know what a statement is sent to. {Paragraph 4 of article 19 with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012}
5. In case of the receiving of the Court of Appeal, the
the question of payment for the filing of denial of business
The application stops before the decision of the Court of Appeal.
6. Establishment against the decision of the Establishment
According to the regulations of the Appeals Chamber, during
two months from the date of negation and document
Payment of the collection of negation, within the motives of the motives laid out
an applicant in denial and during his review. Review Lines
denial continues on the applicant ' s initiative, but not more
than for two months, if until its split, the appropriate
A petition and a gathering for his presentation.
7. In the results of the objection of the Appeals Chamber
accepts the motivated decision, approved by the orders of the Install and
is sent by the applicant.
In case of satisfaction, denial completely or partially collected
The application of negation is subject to return.
8. Before the approval of the decision of the Appeals Chamber, in the month of
rows from the date of its adoption, the Installation Manager can make
motivated by a written protest of this decision to be
Reviewed within a month. The decision of the Appeals Chamber,
by this protest, is final and can only be abolished by the court.
9. The applicant may challenge the approved decision
Court of Appeals for two months of
To make a decision. {Article 19 in the edition of Laws N 2188-III ( 2188-14 ) From
21.12.2000, N 850-IV 850-15 ) From 22.05.2003}

Section V
RIGHTS AND DUTIES ARISING FROM THE PATENT.
Article 20. Rights arising from the patent
1. The rights arising from the patent act from the date of publication
information on its issuance for the payment of the annual gathering for
Maintenance of the patent. 2. Patent grants his owner exclusive right to use
an industrial example behind its own discharges if such use is not
violates the rights of other patent holders. Interrelations with industrial sample, patent
To which a few individuals belong to individuals, they are defined by the agreement between them. In
If there is no such agreement, every patent holder can
use an industrial sample for its own judgment, but none of
they are not authorized to give permission (to issue a license) for use
industrial pattern and transfer ownership of industrial machinery;
a sample of another person without the consent of the remaining owners of the patent. The use of an industrial sample is determined to be fabrication
produced using a patented industrial sample,
application of such a product, offering for sale, including
through the Internet, sales, import (import) and other input into it
the civilian turnover or storage of such a product in the specified goals.
{Paragraph 3 of article 20, with changes made in accordance with the
Act N 34-IV ( 34-15 ) From 04.07.2002, in the drafting of the Law
N 850-IV 850-15 ) From 22.05.2003} The solution is determined by the application
A patented industrial sample if used
All the essential signs of an industrial specimen. 3. Patent grants his owner the right to ban other individuals
use an industrial sample without its permission, except
cases where such use is not recognized according to this
By law, the infringement of the patent owner. 4. The patent holder may transfer based on the contract of law
property on an industrial sample of any person who becomes
the successor of the patent holder. 5. The patent owner has the right to give any person permission
(issue a license) on the use of an industrial sample based on
License agreement. 6. Contract for the transfer of ownership to an industrial sample
and the license agreement is considered valid if they are concluded in
written in writing and signed by the parties. The side of the treaty is entitled to informing an undefined circle
Persons on the transfer of property rights to an industrial entity or issuing
A licence for the use of an industrial specimen. Such Information
is carried out by publishing in the official bulletin of information in
the order and order established by the central body
power, which ensures the formation of public policy in the sphere of
intellectual property, with simultaneous entries to the Register.
{Paragraph 2 of Article 20, paragraph 6, in the edition of Law No. 850-IV
( 850-15 ) from 22.05.2003; with changes made under the Act
N 5460-VI ( 5460-17 ) 16.10.2012} On the publication of the specified information and the proposed
The Parties to the Change to the Agreement on the issuance of the licence
They pay the fees. {Paragraph 6 of Article 20 in the edition of the Law
N 850-IV 850-15 ) From 22.05.2003} {Paragraph 6 of Article 20 in the edition of Act N 2188-III 2188-14 ) From
21.12.2000}
7. The patent holder has the right to apply for an official
publishing a statement of granting any person permission to
the use of a patented industrial sample. In this case,
The annual fee for maintaining the validity of the patent is reduced by 50%
percent starting from the year, the next year the publication of such a
Statement. The person who discovered the desire to use the specified permission
Commitments are made with the holder of the patent of the payment agreement.
Disputes that arise during the signing and execution of this treaty,
They are solved in a court order. If no person has declared a patent for his intentions.
about using an industrial sample, it can apply
A written petition to revoke his statement. In this case,
The annual fee for maintaining validity of the patent is paid in full
size starting in the year, next year the publication of such a
-I'm sorry. 8. The rights arising from the patent do not affect any other
personal mayors or non-master rights of the author of an industrial sample
are governed by other Ukrainian legislation.

{Article 21 is excluded based on Act N 850-IV ( 850-15 )
From 22.05.2003}

Article 22. Actions not recognized by the violation of rights
1. Any person who will be given the submission before the appointment
or, if the priority is stated, to give it priority in the interest of
In Ukraine, it has been used in Ukraine.
An industrial sample or has made significant and serious training for
such use, preserves the right to irrevocable
this use or on the use of an industrial sample like this
predicted by the preparation (right of the previous year)
(a) The right of previous use may be transmitted or
go to another person only together with businesses or business
practice or that part of the enterprise or business practice, in
that the application of the industrial sample was used or carried out
significant and serious preparation for such use. 2. Not recognized by the violation of the rights provided by the patent,
the use of patented industrial sample: in the design or when in operation of the vehicle
a foreign state that is temporarily or randomly in the
the waters, airspace or territory of Ukraine, provided that the
An industrial sample is used solely for the needs
The specified means; Without a commercial purpose; with scientific objective or in the order of the experiment; under extraordinary circumstances (natural disaster, disaster, epidemic)
(...) (...) (...)
As soon as it becomes almost possible and paid to him.
compensation. {Paragraph 2 of article 22, with changes made to the
under the N 850-IV Act 850-15 ) From 22.05.2003} 3. Not recognized by the violation of the rights provided by the patent,
Introduction to the civilian turnover of products made with
a patented industrial sample, after introducing this product to
The civilian turnover is the owner of a patent or with his special permission.
{Paragraph 3 of article 22 with changes made under the Act
N 850-IV 850-15 ) From 22.05.2003}
Article 23. Responsibilities stemming from the patent
1. The patent owner must enjoy the use of the patent
exclusive right, stemming from the patent. If an industrial example is not used or not enough
used in Ukraine for three years starting from date
publishing information about the issuance of the patent or from date
the use of the industrial sample was terminated, any
a person who has a wish and discovers a willingness to use
an industrial sample, in the case of a patent failure of a patent
The licensing treaty may appeal to the court statement.
granting her permission to use the industrial sample. {Paragraph
Article 23, paragraph 1, as amended by the Act
N 762-IV 762-15 ) From 15.05.2003} If the patent owner does n' t prove the fact is not used or
Inadequate use of industrial pattern of language
important reasons, the court will decide to grant permission
An interest in the use of industrial sample from
determining the volume of its use, expiration action, size
and order to pay rewards to the patent owner. {Paragraph 3
Article 23, paragraph 1, as amended by the Act
N 762-IV 762-15 ) From 15.05.2003}
2. The patent owner is required to give permission (to issue a licence)
to use an industrial sample of the owner later issued
patent if the industrial sample of the last intended for
achieving another goal or has significant technical and economic benefits and
cannot be used without violating the rights of the first owner. On
this provision may be due to the appropriate
by the permission of the owner later issued a patent obligation to
give permission if its industrial sample is improving the industrial
sample of previously issued patent or intended for
To achieve the same goal. Permission is given in the volume required for
the use of an industrial sample owner of a patent that is
Permission was requested. License disputes are solved in court order.

Chapter VI
TERMINATION OF THE PATENT AND RECOGNITION OF THE PATENT
Article 24. Termination of the patent
1. The patent owner at any time may refuse it
fully or partly on the basis of the statement sent to the Installation.
The refusal to take effect from the publication date of information
It's on our official newsletter. 2. The patent operation on an industrial sample is stopped in case of
No payment in the set of years of annual gathering for maintaining its
-Yes Annual collection is paid for every year of patent action, counting
from the date of submission. First payment document
collection should be sent to the Install at the same time as the payment document
Gathering for the issuance of the patent. Payment Payment Document
the next year should come to Install until the end of the current year, for
collection terms for the last two months. The annual fee for supporting the patent may be
paid, and the document on its payment is to hope to Install
for six months after the specified string. In this case,
the size of the annual gathering increases by 50 percent. The patent will cease from the first day of the year for which the collection is not
Paid.
Article 25. Patent recognition is invalid
1. Patent may be recognized in a judicial order invalid
fully or in part in the case of: (a) The discrepancy of the patented industrial sample
The patents defined by the Act; (b) the presence of essential signs of an industrial pattern
features that were not in the submitted application; (c) A patent issuance of a patent application
Other people. "Article 25" in paragraph 1 of Article 25 of Article 25
N 850-IV 850-15 ) From 22.05.2003}
{Paragraph 2 of Article 25 is excluded under the Act N 850-IV
( 850-15 ) From 22.05.2003}
3. When recognized by a patent or part of a patent
tells me about it in his official newsletter. 4. Patent or his part, deemed invalid, are considered
such that did not take effect, from the date of publication of information on
A patent issuer. {Article 25 in the edition of Act N 2188-III ( 2188-14 ) From
21.12.2000}
Chapter VII
PROTECTION OF RIGHTS
Article 26. Violation of the rights of the patent owner
1. Any position on the rights of the patent owner provided
article 20 of this Act is considered a violation of the rights of the owner
The patent that entails responsibility according to the current
Legislation of Ukraine.