On Introduction Of Amendments To Certain Legislative Acts Of Ukraine On The Legal Protection Of Intellectual Property

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо правової охорони інтелектуальної власності

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/850-15

                                                          
With a k o n u r as th n and on amendments to certain legislative acts of Ukraine on the legal protection of intellectual property rights (the Supreme Council of Ukraine (BD), 2003, N 35, 271) {amended according to the Codes N IV-1618 (1618-15) on 18.03.2004, VVR, 2004, N 40-41, 42, art. 492 4651 N-VI (4651-17) from 13.04.2012, VVR, 2013, N 9-10 , N 11-12, N 13, article 88 of the Verkhovna Rada of Ukraine} p o s t a n o in l I have: I. Make changes to the following legislative acts of Ukraine: {paragraph 1 of section I repealed based on Code N IV-1618 (1618-15) on 18.03.2004} 2. In the Commercial procedural code of Ukraine (1798-12) (Supreme Council of Ukraine, 1992, N 6, 56; 1993, N 33, art. 347; in 1995, N 14, art. 90; 1996, N 9, art. 44; 1997, N 25, art. 171; 1999, N 42-43, St. 378;
2000, N 30, art. 233 N, 50 cent. 436; 2001, N 10, St. 44, N 11, art. 56, N 31, art. 147, 36 N, St. 188; 2002 N 17, art. 117 N, 32, St. 221): 1) the first part of article 1, add the words "as well as for taking prescribed by this code measures aimed at the prevention of crime";
2) article 16 after part two to complement the new part of the following content: "the case in disputes about the infringement of property rights intellectual property addresses the Economic Court of the place of Commission of the breach".
In this regard, part of the third take part 4;
3) article 38 after part one to complement the new part of this "commercial court may take evidence to filing a lawsuit as a preventive measure in the manner prescribed by articles 43-1-43-10 of this code."
In this regard, part of the second and third installments respectively considered the third and fourth;
4) supplement section V-1 this content: "Chapter V-1 precautions Article 43-1. Reason to take precautions a person who has reason to poboûvatis′ that the submission to it of the evidence will be subsequently impossible or utrudnenoû, and also reason to believe that her rights are violated or there is a real threat of their infringement, has the right to appeal to the commercial court with a statement about taking precautions before filing a lawsuit.
Article 43-2. Types of precautions precautions include: 1) reclamation of the evidence;
2) review of the premises in which the place of action, related to violation of rights;
3) arrest of property belonging to a person against whom taken precautionary measures, and is it, or in other entities.
Article 43-3. The statement about taking precautions application taking precautions should contain: 1) the name of the commercial court, which filed an application;
2) name of the applicant and the person against whom asked to take precautions, their mailing addresses; documents confirming the applicant-citizen status of subject of entrepreneurial activity;
3) view and the essence of the precautionary approach;
4) the circumstances in which the applicant substantiates the need for taking precautions;
5) list of documents and other evidence that is added to the application;
6) signature of the applicant or its representative, if the application is filed as a delegate.
The statement about taking precautions added documents certifying payment of the State duty in the statutory order and size. Together with a statement about taking precautions serves its copy according to the number of persons on whom is asked to take precautions.
The applicant must submit the appropriate petition within ten days from the day of authorizing about taking precautions.
After the submission by the applicant claim precautions act as provisional measures.
Article 43-4. Procedure for consideration of applications for taking precaution statement about taking precautions is considered not later than two days from the day of its submission Economic Court in the area of activity of which belongs to hold these procedural actions with stakeholders. However, the failure does not prevent them to be reviewed.
In the case of substantiated claims of the applicant's statement about taking precautions is seen only by its participation without notifying the person in relation to whom asked to take precautions.
Economic Court has the right to request from the applicant to add to any existing in his proof of the violation or threat of violation of his rights.
Commercial court may enjoin the applicant to provide demand collateral, sufficient to prevent abuse of precautions, which is paid on deposit of the commercial court. The size of the collateral is determined by a court taking into account the circumstances of the case, but should not be greater than the size of the alleged damage.
About taking precautions commercial court makes an order in which the notes selected precautions, the reasons of their election, the order and the way of their implementation, the size of the deposit, if this is intended. Copies of the resolution be sent to the applicant and the person against whom should be taken precautions, immediately after her ruling. In the case of authorizing the applicant's participation, without notifying the person in relation to whom asked to take precautions, a copy of the Ordinance to a person against whom taken precautions, immediately after its implementation.
In the absence of grounds set forth in article 43-1 of this code, as well as non-compliance, provided by the third part of this article, the commercial court makes a determination

refusal to satisfy an application for taking precautions.
Article 43-5. Effects of application of taking precautions that do not meet the requirements of the law, the judge, finding that the statement about taking precautions are without compliance with the requirements set out in article 43-3 of this code, or not paid State fees, make a determination about the abandonment application without movement, as reported by the applicant and gives him time to correct the deficiencies.
When the applicant in accordance with the instructions of the judges set up is all listed in article 43-3 this code requirements and not he pays the State fee, the application is considered nepodanoû and returned to the applicant, the judge issues a motivated resolution.
Article 43-6. Execution of resolutions about taking precautions Decision about taking precautions is executed immediately in the manner prescribed for the execution of judicial decisions.
In the case of software requirements the applicant pledge decision about taking precautions is performed immediately after making the pledge in full size.
Article 43-7. Abolition of approval on taking precautions On determination of taking precautions, vinesenu with the participation of the applicant without notice of the person against whom taken precautions, the latter within ten days from the date of receipt of a copy of the Ordinance may apply for its cancellation.
Application to quash the resolutions about taking precautions not to suspend the implementation of resolutions about taking precautions.
Statement of cancellation taking precautions is seen within three days of the commercial court, which issued a determination about their taking. Failure of stakeholders does not prevent application to be reviewed.
According to the results of consideration of application Economic Court issued a resolution about leaving unchanged the resolutions about taking precautions or it change or cancellation.
Article 43-8. Appeal against a ruling on taking precautions On determination of taking precautions, a determination to refuse to fulfil the Declaration of taking precautions, as well as the determination of abandonment without changes resolution about taking precautions or it change or cancellation may be filed appeal.
Submission of appeal to order about taking precautions not to suspend the implementation of the relevant resolutions. Submission of appeal in order to cancel the precautions or their replacement stops the execution of the respective resolutions.
Article 43-9. Discontinuation of precautions precautions shall be terminated if: 1) failure by the applicant to the appropriate claim within the time limit set by the third part of article 43-3 of this code;
2) a refusal by the Court in making a claim of the grounds stipulated by part one of article 62 of this code;
3) failure of plaintiff requirements stipulated by article 63 of this code;
4) relocation of the commercial court ruling to overturn the resolutions about taking precautions.
Article 43-10. Compensation of damage inflicted by vžittâm precautions in case of termination of the precautions or in case of refusal the applicant of the claim, or in the case of entry into legal force of the decision on refusal to deny the claim, the person against whom taken precautions, has the right to compensation of damage caused to vžittâm these events.
In the case of the applicant the collateral damages caused by vžittâm precautions, primarily at the expense of this pledge.
The pledge shall be returned to the applicant, if the commercial court satisfied the claim of the applicant, or if the defendant was a claim, or if the commercial court approved a settlement agreement of the parties.
In the cases set out in paragraphs 2 to 4 of article 43-9 of this code, as well as during the consideration of the case on the merits of the commercial court can resolve the issue of compensation for harm caused by vžittâm precautions;
5) article 45 after "statements" add the words "statements about taking precautions";
6) part of the second article 54 supplement item 6-1 the following contents: "6-1), the information about taking precautions in accordance with section V-1 of this code;
Article 7 87) add the words "unless otherwise provided by this code."
3. Articles 176, 177 and 229 of the Criminal Code of Ukraine (2341-14) put in this Edition: "article 176. Infringement of copyright and related rights 1. Illegal reproduction, distribution of works of science, literature and art, computer programs and databases, as well as illegal reproduction, distribution of performances, phonograms, videograms and broadcast programs, their illegal duplication and distribution of the audio and vìdeokasetah, floppy disk, or other media, or other willful infringement of copyright and related rights, if it caused material damage in large amount, shall be punishable by a fine from two hundred to thousands of untaxed minimum incomes, or correctional labor for a term of up to two years or imprisonment for the same period, with the confiscation of all copies of works, material carriers of computer programs, databases, performances, phonograms, videograms and broadcast programs and tools and materials that are specifically used for their manufacture.
2. The same acts, if they are committed repeatedly, or by prior conspiracy of a group of persons or inflicted material damage in particularly large amount, shall be punishable by a fine of one thousand to two thousand untaxed

minimum incomes, or correctional labor for a term of up to two years or imprisonment for a term from two to five years, with the confiscation of all copies of works, material carriers of computer programs, databases, performances, phonograms, videograms and broadcast programs and tools and materials that are specifically used for their manufacture.
3. Actions stipulated by the first or second parts of this article are committed by a service person using official position regarding child faces, punishable with a fine from five hundred to thousands of tax-free allowances from citizens or arrest for up to six months, or restriction of liberty for up to two years, with the deprivation of right to hold certain posts or engage in certain activities for up to three years.
Note. Articles 176 and 177 of this code in the zavdanoû material is considered too bad large amount if its size in two hundred or more times greater than the taxable minimum incomes zavdanoû in particularly large amount-if it's the size of a thousand or more times greater than the taxable minimum incomes.
Article 177. Violations of the rights to the invention, utility model, industrial design, topography of integrated circuits, quality, innovative proposal 1. Illegal use of an invention, utility model, industrial design, topography of integrated circuits, plant varieties, rationalization proposals, the appropriation of authorship, or other willful violations of rights on these objects, if it caused material damage in large amount, shall be punishable by a fine from two hundred to thousands of untaxed minimum incomes, or correctional labor for a term of up to two years or imprisonment for the same term, with confiscation of the respective products and tools and materials that are specifically used for its manufacture.
2. The same acts, if they are committed repeatedly, or by prior conspiracy of a group of persons or inflicted material damage in particularly large amount, shall be punishable by a fine of one thousand to two thousand untaxed minimum incomes, or correctional labor for a term of up to two years or imprisonment for a term from two to five years, with confiscation of the respective products and tools and materials that are specifically used for its manufacture.
3. Actions stipulated by the first or second parts of this article are committed by a service person using official position regarding child faces, punishable with a fine from five hundred to thousands of tax-free allowances from citizens or arrest for up to six months, or restriction of liberty for up to two years, with the deprivation of right to hold certain posts or engage in certain activities for up to three years;
Article 229. Illegal use of the mark for goods and services, company names, qualified indication of origin of goods 1. Illegal use of the mark for goods and services, company names, qualified indication of origin, or other willful violations of rights on these objects, if it caused material damage in large amount, shall be punishable by a fine from two hundred to thousands of untaxed minimum incomes, or correctional labor for a term of up to two years or imprisonment for the same term, with confiscation of the respective products and tools and materials that are specifically used for its manufacture.
2. The same acts, if they are committed repeatedly, or by prior conspiracy of a group of persons or inflicted material damage in particularly large amount, shall be punishable by a fine of one thousand to two thousand untaxed minimum incomes, or correctional labor for a term of up to two years or imprisonment for a term from two to five years, with confiscation of the respective products and tools and materials that are specifically used for its manufacture.
3. Actions stipulated by the first or second parts of this article are committed by a service person using official position regarding child faces, punishable with a fine from five hundred to thousands of tax-free allowances from citizens, or arrest for up to six months, or restriction of liberty for up to two years, with the deprivation of right to hold certain posts or engage in certain activities for up to three years.
Note. The material I wish is considered zavdanoû in large amount, if the size of the two hundred or more times greater than the taxable minimum incomes zavdanoû in particularly large amount-if it's the size of a thousand or more times the non-taxable minimum incomes of citizens. "

{Paragraph 4 of section I repealed based on the code, 4651 N-VI (4651-17) from 13.04.2012}

5. The law of Ukraine "on protection of rights to industrial designs" (3663-12) (Supreme Council of Ukraine, 1994, N 7, article 34; 2001, N 8, art. 37; 2002 N 16, art. 114, N 35, St. 256): 1) in article 1: in paragraph seventh word "citizen" to replace the word "physical";
ninth paragraph after the word "application," add the words "or has acquired the rights of the applicant in another procedure established by law";
fourteenth paragraph add the words "and other issues referred to its competence in this law;
2) in article 5: in paragraph 1 the words "public interest", replace the words "public order";

in the fourth paragraph of paragraph 3, the word "them" to replace the words "to them";
paragraph 4 deleted;
item 6 to lay out in the following wording: "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 ";
Article 6 3): in paragraph 1 the words "and industrially suitable exclude;
in paragraph 2 the words "the applications previously submitted to the Institution" replace the words "previously received Institution applications, except those on 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";
paragraph 4 deleted;
4) in article 10, the words "not rejected", replace the words "for her Institution not taken decision on refusal to grant the patent, the possibilities of appeal which exhausted;
5) in the third paragraph of article 11 paragraph 4: put in the following wording: "the set of images of the product (the product or in the form of its layout or graphic) that give a complete picture of its appearance;
paragraph 8, add the following sentence: "this term continues, but not more than six months, if it will be filed by the appropriate solicitation and paid dues for his presentation";
6) paragraphs 2, 3 and 4 of article 12 paragraph 2 replace the following contents: 2. date of filing shall be established in accordance with paragraphs 9, 10 and 11 of article 14 of this law;
7) article 13 to supplement paragraph 7 the following: "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;
8) article 14 to lay out in the following wording: 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 rules established based on institution.
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 an established institution of manner in considering the issues that arose during the examination.
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, as it

message is sent to.
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 Institution;
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 institution 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.
Applicant's reply is given 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 ";
9) in article 15, the phrase "getting him the decision to replace the words" the payment of State duty for ";
10) article 16 lay in the following wording: "the 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 payable ";
11) in article 17 paragraph 2, after the word "Organization" add the words "and 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 first paragraph of item 3 put in the following wording:

"3. the errors in the Registry the information corrected by the patent holder or institution";
12) article 18 paragraph 4 Add the following: "4. in case of loss or zìpsuvannâ a patent its owner seems to be a duplicate of the patent in the manner established by the Agency. For issuing a duplicate patent shall be paid dues ";
13) article 19 lay in the following wording: 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. Appeal against the decision of the Institutions 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 it the Appeal Chamber, approved by the institution. 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.
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;
14) in the third paragraph of article 20, paragraph 2: lay out the following wording: "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 purposes;
second paragraph of paragraph 6 to replace the two paragraphs following contents: "party of 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 the extent and procedure established institution, simultaneously making them to the registry.
The publication of specified information and proposed by a party to the Treaty changes to information about license fees are to be paid ";
15) article 21 is deleted;
16) article 22: the last paragraph paragraph 2 Add the words "with a message about the use of the patent owner immediately as it will be practically possible and paying him appropriate compensation";
in paragraph 3 the words "economic" and "product" to replace under the words "civil" and "product";
17) paragraph 1 of article 23, the words "(Court of arbitration)" and "(Court of arbitration) exclude;
18) article 25: item "in the" item 1 put in the following wording: "in the patent) application as a result of the issuance of the violation of the rights of others;
paragraph 2 excluded;
19) second paragraph of paragraph 2 of article 26 of the outline in the following wording: "to demand the restoration of the violated rights of the patent owner may by his consent also by the person who acquired the license";
20) article 27 to lay out the following wording: "article 27. Ways to protect the rights of the 1. Protection of the industrial design is carried out in court and another procedure established by law.
2. The jurisdiction of the courts extends to all legal relations arising in connection with the application of this law.
The courts in accordance with their competence, resolve disputes, and in particular: the authorship of the industrial design;
the establishment of the fact of the use of the industrial design;
the establishment of the patent owner;
violations of the rights of the patent owner;
the right of prior use;
compensation ";
21) paragraph 2 of article 29, to exclude.
6. The law of Ukraine "on protection of rights to marks for goods and services" (3689-12) (Supreme Council of Ukraine, 1994, N 7, art. 36; 1999, N 32, St. 266; 2001, N 8, art. 37;
2002, N 7, art. 51, N 16, art. 114, N 35, St. 256): 1) in article 1:

in the third paragraph, the word "citizen" to replace the word "physical";
in the fourth paragraph the word "similar" to exclude;
eighth paragraph after the word "application," add the words "or has acquired the rights of the applicant in another procedure established by law";
twelfth paragraph add the words "and other issues referred to its competence in this law;
Add the following paragraph: "ICPS-international classification of goods and services for registration of marks;
2) articles 5 and 6, put in the following: "article 5. Conditions for granting legal protection 1. Legal protection afforded to the mark, which is not contrary to public order, the principles of humanity and morality and which do not apply the grounds for a refusal to provide legal protection established by this law.
2. The object can be any designation or any combination of signs. Such precision can be, particularly words, including proper names, letters, numerals, figurative elements, colors and combinations of colors, as well as any combination of such signs.
3. Ownership of a stamp certificate. The period of validity of the certificate is 10 years from the date of filing to the Institutions and continuing the Agency solicited the holder of the certificate every time for 10 years, subject to payment of dues in accordance with paragraph 2 of article 18 of this law. The order of prolongation of the term of validity of the certificate is established institution.
Effect of certificate is terminated ahead of time under the conditions set out in article 18 of this law.
4. Scope of legal protection provided is determined by the image of the mark and the list of goods and services made to Register and certify the certificate in the registry a copy of the image posted to the mark and the list of goods and services.
5. the right to obtain a certificate in the manner prescribed by this law, is any person, Association of persons or their successors.
6. The right to receive the certificate has an 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 pending decision on refusal in registration of the mark, the possibility of appeal which is exhausted.
Article 6. Grounds for refusal to provide legal protection 1. Under this law may not receive legal protection of designations, which depict or simulate: State emblems, flags, and other State symbols (logos);
the official names of States;
logos, reduced or full names of international intergovernmental organizations;
official control, warranty and probìrnì stamps, seals;
Awards and other honors.
Such designation may be included in the mark as the elements that are not protected, if it is the consent of the relevant competent authority or their respective owners. The competent authority regarding the name of the State is a collegiate body formed by the institution.
2. Under this law may not receive legal protection also indicate that certainly do not have the rozrìznâl′noï ability and not have this as a result of their use;
consist only of notation is common as a designation of the goods and services of a particular type;
consist only of designations or of the data which is descriptive when used for specified products and services in the application or in connection with them, in particular, indicate the kind, quality, quantity, properties, destination, the value of goods and services, place and time of manufacture or sale of products or the provision of services;
There are deceptive or such that can mislead regarding goods, services or persons that produces goods or provides a service;
consist only of signs that are common symbols and terms;
represent the only form that is due to the natural state of the goods, or the need to obtain a technical result, or that provides tovarovì of substantial value.
The designation specified in paragraphs of the second, third, fourth, sixth and seventh of this paragraph may be made to the character of the elements that are not protected, if they do not occupy a dominant position in the image.
3. May not be registered as marks of signs which are identical or similar to the point that they can be confused with: marks, registered or pending registration in Ukraine on behalf of another person for the same or related with them goods and services;
signs of other persons, if these marks are protected without registration on the basis of international treaties to which Ukraine is a member, such as signs, recognized by the well known according to article 6 bis of the Paris Convention for the protection of industrial property (995_123);
brand names that are well-known in Ukraine and belong to others, who received the right for them to give a view to the institution of the application for the same or related with them goods and services;
qualified zaznačennâmi the origin of the goods (including alcohols and alcoholic beverages), which are protected according to the law of Ukraine "on protection of rights to indication of origin of goods" (752-14). Such a designation can only be elements that are not protected, the persons who have the right to use the specified zaznačennâmi;
marks of conformity (certification marks), registered in the established order.
4. Not registered as signs indicate that reproduce:

industrial designs, which are in Ukraine to other persons;
the name of the well-known in Ukraine works of science, literature and art, or quotes and characters, works of art and their fragments without the consent of the copyright holders or their assignees;
names, names, nicknames and derivatives from them, portraits and the facsimile known in Ukraine persons without their consent ";
3) in article 7: in the fourth paragraph, paragraph 4 the words "the international classification of goods and services for registration of marks" replace the word "ICPS";
item 8 lay in the wording: "8. The filing fee is paid, the amount of which is determined taking into account the number of classes of ICPS, which covered the application products and services. 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 presentation ";
4) article 8 lay in the following wording: article 8. 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 concerning the registration of the mark set in the Ukrainian language;
information about the applicant and his address, set forth in the Ukrainian language;
sufficiently clear image indicate that States;
the list of goods and services, for which the States sign.
2. date of filing shall be established in accordance with paragraphs 10 and 11 of article 10 of this law.
3. After the date of filing any person has the right to get acquainted with the materials of the application in the manner prescribed by the institution. The familiarization with the materials of the application fee is payable ";
5) article 10 lay in the following wording: "article 10. Examination of the application 1. Examination of the application has the status of scientific and technical expertise, consists of a formal examination and qualifying examination (examination on the merits) and is conducted institution examination under this Act and the rules established based on institution.
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 makes the decision about the registration of the mark for all the goods and services in the application, or to refuse to register the mark for all the goods and services in the application, or the registration of the mark on the parts indicated in the application of the goods and services and the refusal to register the mark for the rest of the specified products and services in the application. 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 an established institution of manner in considering the issues that arose during the examination.
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, as well as changes to reduce the list of goods and services.
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 certificates.
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

set the time limit, 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 merits the designation and the list referred to in the application for goods and services.
Supplementary materials transcend the uncovered in submitted the application essentially indicate if they contain indications that must be included to indicate that States how to sign.
Additional materials to the extent that goes beyond the uncovered in submitted the application merits the designation or complements the list specified in the application of the goods and services is 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. Any person may submit to the institution of the examination is motivated by objections of the application regarding the discrepancy resulted in her designation criteria for the provision of legal protection established by this law.
For submitting an objection shall be paid.
Objections considered, if it obtained the establishment of examination no later than 5 days before the date of adoption of the decision of the Agency on request.
It forensics sends a copy of the objection to the applicant.
The applicant is entitled to inform the establishment of examination about his attitude to objections within two months from the date of its receipt. He can refute the objections and request without changes, make the changes to the application or to revoke it.