Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

image
From A K O N U K R A Yi N
On amendments to some legislative acts
Ukraine on the legal protection of intellectual
ownership
(Verkhovna Rada of Ukraine (VVVR), 2003, N 35, pp. 271)
{ With changes made according to Codexes
N 1618-IV. 1618-15 ) from 18.03.2004, GDP, 2004, N 40-41, 42,
pp.492
N 4651-VI ( 4651-17 ) from 13.04.2012, GDP, 2013, N 9-10,
N 11-12, N 13, pp.88 }

Verkhovna Rada of Ukraine u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u:
I. Amendments to such legislative acts of Ukraine:

{Pont 1 chapter I lost in effect on the basis of the Codex.
N 1618-IV. 1618-15 ) from 18.03.2004 }

2. In the Economic Procedural Code of Ukraine
( 1798-12 ) (Reports of the Verkhovna Rada of Ukraine, 1992, N 6,
pp. 56; 1993, N 33, pp. 347; 1995, N 14, pp. 90; 1996,
N 9, pp. 44; 1997, N 25, pp. 171; 1999, N 42-43, pp. 378;
2000, N 30, pp. 233, N 50, pp. 436; 2001, N 10, pp. 44,
N 11, pp. 56, N 31, pp. 147, N 36, pp. 188; 2002, N 17,
pp. 117, N 32, pp. 221):
1) part of the first article 1 to complement the words "and also for
The enactment of this Code of measures aimed at
Prevention of offense";
Article 16 after part of the second to complement the new part
Such content:
"Affairs in disputes about the violation of the property rights of intellectual rights
The ownership is considered to be the judiciary at the location of the court.
Disorder".
Due to this, the third is considered part of the fourth;
3) article 38 after part of the first to complement the new part
Such content:
"The Lord's Court may retrieve proofs also before submission
A lawsuit as a precautionary measure in order established by articles
43-1 - 43-10 of this Code".
Due to this part, the second and third be considered respectively.
Parts are the third and fourth;
4) complement the section V-1 of this content:
""Section V-1
Precautionary measures
Article 43-1. Releases of prevention
A person who has the grounds to fear that the feed is needed for
The evidence would later become impossible or difficult, as well as the proofs.
Reasons to believe that her rights are violated or there is a real threat
They are eligible to appeal to the court with a statement.
Release of precaution to the lawsuit.
Article 43-2. Species of precautionary measures
Precautions include:
1) retrieval of evidence;
2) view of the premises in which actions are associated with
violation of the rights;
3) imposing an arrest on a property owned by a person regarding which
A safety measure is taken, and is in her or in others.
Article 43-3. Release of precautionary measures
The statement of the precaution must contain:
1) The name of the court, which is submitted to
statement;
2) The name of the applicant and the person who are asked to take into account
Precautions, their postal addresses; documents confirming
According to the public official, the status of a business entity
Activities
3) species and the essence of a safety event;
4) circumstances that the claimant regrets the need for use
Precautions;
5) List of documents and other proofs added to the addition of the documents
statements;
6) a subscriber or its representative if a statement is made.
served as a representative.
Prior to the application of precaution, documents are added to the precaution.
which confirm the pay of the state duty in the established law
Order and size. Together with a claim of taking precautionary measures
It is served according to the number of individuals who are asked for
Take precautions.
The applicant must file an appropriate claim within a claim during the claim.
Ten days after the day, the demolition was adopted for the use of precautions.
After submitting a lawsuit, the precaution measures act as
Acts to provide a lawsuit.
Article 43-4. Procedure to consider a statement on the use of precautionary precautions
Events
The introduction of precautionary measures is not later considered.
Two days after her serving as a court, in the area
The activity of which is to conduct these processive actions, with the ability to conduct these processive actions.
Interested persons. However, the failure of them does not hinder them.
Examined statements.
In the case of a declared requirement, the applicant stated that the applicant's use of the applicant's applicant's applicant's applicant's applicant's applicant's approval of the approval.
Precautions are considered only by his participation without his participation.
A message of the person who is asked to take precautions.
The court is eligible to request a claimant to add to the claim.
Any proof of violation or threat is available.
violation of his rights.
A court may oblige the applicant to secure him
The claim is sufficient to prevent abuse.
Precautionary measures that make a deposit of hostile businesses
Court. The size of the delay is determined by the court of economics with
Considering the circumstances of the case, but it is not to be larger than the case.
The size of the declared damage.
On the adoption of the precautionary measures, the merchant's court is demolished.
The ruling in which the precautions are elected, the grounds of their
Selection, order, and way of their execution, the size of the stack if such
Designed. The copies are referred to by the administrator and the person to whom they are referred to.
There must be precautions immediately after its release. In
If the applicant was deletioned, without a identity message,
The copies were asked to take precautionary measures, and the copies were adopted.
It is sent to the person whose precaution is taken, immediately
After her performance.
If there are no reasons established by Article 43-1 of that article.
Code, as well as non-fulfilling the requirements provided by the predicted provisions
Part of the third of this article, the merchant's trial makes the ruling.
Refusing to satisfy the claims of taking precautions.
Article 43-5. The effects of submitting a statement on the use of precautionary precautions
Acts that do not meet the requirements of the law
The judge, establishing that the statement of taking precautionary measures
43–3 of this article is filed without completion of the requirements laid out in the 43–3 article.
Codex, or not paid by the state duty, brings the code, or not paid by the state duty.
The decision to leave a statement without movement, which is reported by a claimant and
It gives him a time to correct the flaws.
When the judge's claim is set in accordance with the judge's indication of the judge in the established judge.
The term does not perform all listed in Article 43-3 of that Codex.
Requirements and will not pay the state duty, the statement is considered to be considered to be a statement.
The judge is unsuccessful and returns to the judge that the judge is tolerate the judge.
motivated authority.
Article 43-6. Execution of precautionary measures
The adoption of precaution is performed immediately in
Order set to execute judiciary decisions.
In the case of ensuring the claims, the claim argued that the claim was taken into force.
Precautions are performed immediately after the insertion is taken into account.
Full size.
Article 43-7. Abolishing the adoption of precautionary measures
In the decision to take precautionary measures brought with participation
A claimant without a message of a person whose precautions are taken,
The last for ten days of copies can be passed on the day of copies.
Submit a statement of her abolition.
Releasement of a cancellation statement approved the use of precaution.
The action does not stop the execution of the precaution.
The statement of abolishing the use of precautionary measures is considered to be abolished.
For three days, the court, who ruled their rulings.
Release. The failure of interested persons does not hinder considerable considerations
statements.
As a result of the court's claim, the merchant is issued.
The abandonment of the abandonment of the abandoned abandonment of the abandoned abandonment of the abandoned abandonment of the abandoned abandonment of the precautional measures.
or its change or abolition.
Article 43-8. Complaints on the use of precautionary measures
In the decision to take precaution, the refusal of refusal to the refusal of precaution.
satisfying claims for the use of precautionary measures, as well as the approval of the precaution.
Releases without change have taken over the use of precautionary measures or her
Change or abolition can be given an appeal complaint.
Appealing complaint on the approval of the use of precautionary precaution
The action does not stop the execution of the appropriate rule. Release
Appealing complaint on the rule of abolition of precautionary measures or
Their replacement stops the execution of the appropriate pass.
Article 43-9. Cease of precautionary measures
Precautions are stopped in case:
1) failure by the applicant of the corresponding lawsuit in the terms,
It is set part of the third article 43-3 of this Code;
2) Refusal of the Court of Economics in the passing of a lawsuit on the acceptance of a lawsuit.
Based on the first article 62 of this Code;
3) non-fulfillment by the claimant provided by Article 63 of that
Codex;
4) the demolition of the judicial court passed on the abolition of the approval of the ruling of the rulings.
Release of precaution.
Article 43-10. Recovery of damage caused by use
precautionary measures
In the case of stopping precaution, or in the case of failure.
A claimant from a lawsuit, or in the case of a legal force by a decision
Refusing to satisfy the claim to which the defendants are taken.
Events are eligible to recover damage caused by the use of these
Events.
In the case of a claimant to delay damage,
The precaution of precautionary measures is primarily carried out for precaution.
The account of this delay.
The claim returns to the claim if the claim is entirely unless the claim is occupied.
The court satisfied the claim of the applicant, or if the respondent was recognised.
A law, or if a court was approved by a peace agreement.
Pages
In cases given by points 2-4 of the article 43-9 of this article.
Codex, as well as during consideration of the case on essentially the economic court
Can solve the question of recovering harms caused by the use of use
Precautionary measures";
5) Article 45 after the words "external statements" to complement words by words
"Announcement of Safety Actions".
6) part of the second article 54 to complement item 6-1 of this article.
Content:
"6-1) information about the use of precautionary measures according to
Partition V-1 of this Code".
7) Article 87 complement the words "if the other is not predicted by this article.
Codex".
3. Articles 176, 177 and 229 of the Criminal Code of Ukraine
( 2341-14 ) to teach in this editor:
""Article 176. Violation of copyright and related rights
1. Unlawful reproduction, distribution of works of science,
literature and art, computer programs and databases, and so
self-illegal reproduction, execution distribution, phonogram,
videograms and speech programs, their illegal circulation and
Distributing on audio and video cassettes, diskets, other media
information, or other deliberate violation of copyright and related rights
Rights if this caused material damage in large size, -
penalty from two hundred to thousand unpaid taxes
Minimums of revenues of citizens or feasibility work per year before
Two years, or deprived of will for the same time, with
Confiscation of all copies of works, material carriers
Computer programs, databases, performances, phonegrams, videograms,
Broadcasting and tools and materials, specifically
They were used for their production.
2. The same actions if they are committed repeatedly, or behind
The previous conspiracy group of individuals, or caused material harm in the preceding conspiracy.
especially large size, -
penalty from thousands to two thousand unpaid taxes
Minimums of revenues of citizens or feasibility work per year before
Two years, or deprived of will for two to five years.
Years, with confiscation of all copies of works, material carriers
Computer programs, databases, performances, phonegrams, videograms,
Broadcasting and tools and materials, specifically
They were used for their production.
3. Acts predicted by parts of the first or second article,
employed by a service person using a servicing position regarding
Subordinate person, -
penalty from five hundred to thousand unpaid taxes
The minimum income of citizens or arrest for six months,
or constraints of will for two years, with deprived of law
hold certain positions or engage in certain activities for a time before
Three years.
References. In articles 176 and 177 of this Code
material harm is considered in large size if its
The size in two hundred and more times exceeds the unpaid minimum
The revenues of citizens are given in a particularly large size - if its
The size of thousands and more times exceeds the unpaid minimum
Revenues of citizens.
Article 177. Invention Rights, a useful model,
industrial specimen, integral topography
microschemes, plant variety, rationalization
Proposal
1. Unlawful use of invention, useful model,
industrial sample, topography of integrated microscheme, sort
Plants, rationalizing proposals, proposition of authorship on
They, or other deliberate violation of the right to these objects, if this is
The damage caused large size, -
penalty from two hundred to thousand unpaid taxes
Minimums of revenues of citizens or feasibility work per year before
Two years, or deprived of will for the same time, with
Confiscation of appropriate products and tools and materials that
It was used specifically for its production.
2. The same actions if they are committed repeatedly, or behind
The previous conspiracy group of individuals, or caused material harm in the preceding conspiracy.
especially large size, -
penalty from thousands to two thousand unpaid taxes
Minimums of revenues of citizens or feasibility work per year before
Two years, or deprived of will for two to five years.
Years, with confiscation of appropriate products and tools and products.
Materials used for her production.
3. Acts predicted by parts of the first or second article,
employed by a service person using a servicing position regarding
Subordinate person, -
penalty from five hundred to thousand unpaid taxes
The minimum income of citizens or arrest for six months,
or constraints of will for two years, with deprived of law
hold certain positions or engage in certain activities for a time before
three years.
""Article 229. Unlawful use of a sign for goods
and services, brand name,
qualified indication of the origin of goods
1. Unlawful use of a sign for goods and services,
firm name, skilled indication of origin
Product, or other deliberate violation of the rights to these objects, if this is
The damage caused large size, -
penalty from two hundred to thousand unpaid taxes
Minimums of revenues of citizens or feasibility work per year before
Two years, or deprived of will for the same time, with
Confiscation of appropriate products and tools and materials that
It was used specifically for its production.
2. The same actions if they are committed repeatedly, or behind
The previous conspiracy group of individuals, or caused material harm in the preceding conspiracy.
especially large size, -
penalty from thousands to two thousand unpaid taxes
Minimums of revenues of citizens or feasibility work per year before
Two years, or deprived of will for two to five years.
with confiscation of appropriate products and tools and materials that
It was used specifically for its production.
3. Acts predicted by parts of the first or second article,
employed by a service person using a servicing position regarding
Subordinate person, -
penalty from five hundred to thousand unpaid taxes
The minimum income of citizens, or arrest for six months,
or constraints of will for two years, with deprived of law
hold certain positions or engage in certain activities for a time before
Three years.
References. Material damage is considered to be caused in a larger manner.
size, if its size is double and more times exceeds
A non-tax minimum of revenues of citizens, and a task in particular
Large size - if its size is thousands and more times
It exceeds the unpaid minimum income of citizens."

{Punct 4 of the chapter I lost in effect on the basis of the Codex.
N 4651-VI ( 4651-17 ) from 13.04.2012 }

5. In the Law of Ukraine "On Protection of Rights on Industrial Specimens"
( 3688-12 ) (Reports of the Verkhovna Rada of Ukraine, 1994, N 7,
pp. 34; 2001, N 8, pp. 37; 2002, N 16, pp. 114, N 35,
pp. 256):
1) in Article 1:
In the seventh word "public" replace the word
"physical";
The paragraph ninth after the word "application" is complemented by words "or
The applicant's rights to another established law of order."
The fourteenth paragraph is complemented by the words "and other questions,
Referring to its competence by the law."
2) in Article 5:
In point 1, the words "common interests" replace words
"public order";
In the fourth point paragraph 3, the word "he" is replaced by words "to" before
These are:
point 4 exclude;
Point 6 to teach in this editor:
"6. The amount of legal protection given is defined
A set of essential features of an industrial sample presented on the basis of the sensitive features of the industrial sample.
images (images) of the product entered into the Register, and
It is certified by a patent given in it by a copy of the copies entered into it.
A piece of image.
The interpretation of the characteristics of the industrial sample must be carried out in
Within his description."
3) in Article 6:
In point 1, the words "and industrially suitable" exclude;
2 words "proposals previously entitled to the Uruguay".
replacing the words "previously received by the Decree, except for the exception.
those given dates are considered recalled, recalled, or recalled.
They decided to abandon patents and patents.
Exhausted possibilities of contesting such decisions."
point 4 exclude;
4) in the article 10 of the words "not denied" to replace the words "for her
The set does not accept a decision to reject the patent,
The possibilities of which are exhausted";
5) in Article 11:
3rd paragraph 4 is edited:
"a set of images of the product (proper production or in the form of its own
The layout, or drawing, which gives a complete representation of its external appearance.
The former;
Point 8 complement the sentence of such content:
"This term continues, but not more than six months,"
If the petition will be given the appropriate petition and paid for the petition.
Collection for his representation;
6) points 2, 3, and 4 articles 12 replace the point 2 of this article.
Content:
"2. The date of the application is set according to points 9,
10 and 11 articles of the 14th Law."
7) Article 13 to complement item 7 of this content:
"7. The priority of the industrial sample can be established for the purpose of the design.
The date of receiving an institution of expertise of additional materials,
Article 7 of the Act as
A self-proclamation if this application is filed within three months
From the date of receiving a claimant of a message that is indicated by the claimant.
Materials are not taken into account during the examination of the application to which
They were added."
8) Article 14 of the Edition:
""Article 14. Application expertise
1. Application expertise has the status of scientific and technical expertise
It is conducted by the institution of expertise in accordance with this Law and
The rules established on his basis by the Institution.
2. The expertise's layout provides information,
It is necessary to conduct an expertise of the applications, and is the center of the state.
international exchange of editions according to the Convention on
international exchange of editions. 995_172 ), adopted on 3 December
1958 United Nations General Conference on the United Nations
Education, Science and Culture.
3. The final results of an expertise of the application that is not considered to be not considered to be the final results of the expertise of the application.
revoked or not revoked, are displayed in undecided.
The conclusion of an expertise on the application that takes into effect afterwards.
The approval of his Constitution. Based on this conclusion, the Resolution
Decides to issue a patent or refusal in issue
patent. The Decision is sent to the applicant.
The applicant has the right for a month from the date of receiving it.
The decision of the Decree to retrieve copies of materials that are contrasted
Applications. These copies are sent to the applicant during the month.
4. The applicant has the right to initiative or invitation.
The institution of expertise personally or through its representative to the brothers
Participation in the established Order Instrument on matters that
During the examination.
5. The applicant is eligible to apply for fixing errors and errors.
Changes to its name (name) and its addresses, addresses for
Letters, names and addresses of their representative.
The applicant can make changes related to change
The applicant's person, provided the consent listed in the application of others.
Applicants. Such changes may be agreed to all advocates to be made as well
A person who wishes to become a claimant.
These corrections and changes are taken into account if they are obtained
The institution of expertise is not later obtained by him a document on payment of payments.
State duty for patent release.
For fixing a error or error correction statement
Any of these changes is paid to the collection, provided that any of the changes are paid to the collection, provided that the collection is paid.
The error is not obvious or technical, and the change emerged due to the dependent
From a circumstance statement.
6. An expertise may require a claimant to grant a claimant.
Additional materials, unless expertise is conducted.
It is impossible, or in the case of grounded doubt in
Reliability of any information or elements contained in
Application material.
The applicant has the right for a month from the date of receiving it.
Report or conclusion of the institution of expertise with the requirement for granting a message or conclusion of the institution of expertise.
Additional materials need to be recovered from his copies of materials that
opposed applications.
Additional materials must be submitted by an applicant for two
months from giving him a message or the conclusion of the institution
expertise or copies of materials contrasted by applications. Release
Submission of additional materials continues, but not more than more than more than other materials.
Six months, if the popup will be submitted to the appropriate
The petition and paid collection for his representation. This term missing
For reasonable reasons, it is renewed if six months from six months to six months.
His pop will be given the appropriate petition and paid for the collection for
His representation. If the applicant fails to provide additional materials to the applicant.
The statement is said to be revoked, that he is about.
A message is sent.
7. If an applicant is given additional materials, then in the process
expertise is revealed whether they are outside the uncovered boundaries.
The essence of an industrial sample is given.
Additional materials are exited beyond the disclosed in the given data
Applications of an essential industrial sample if they contain new substantial substantial substantial
Features.
Additional materials in the part exiting beyond the uncovered
In a given application, the essence of an industrial sample is not taken into account.
During the application expertise and may be after receipt
The corresponding message of the institution of the expertise declared by the claimant
As an independent application.
8. During examination:
The date of the application is set based on the article
12 of this Law;
It is determined whether an object is given, to
objects listed in Article 2 of Article 5 of this Law;
The application is validated to compliance with formal requirements
Article 11 of this Law and rules established on its basis
Institution;
The claim is validated for the claim for the application.
compliance with established requirements.
9. According to the materials, the application requirements of the article 12 of that
The law and the availability of a parliament for submitting an application
The claimer sends messages to the established date of submission
Applications.
10. In the case of the failure of the application materials, the requirements
Article 12 of the applicant's law immediately refers to this
References If the discrepancy is removed for two months
From the date of receiving a message applicant, then the date of submission of the application
The date of the receipt of the fixed expertise is considered to be given by the institution.
Materials. Otherwise, the application is considered unreported to be unreported about what it is said to be unreported.
A claimant is sent to a message.
11. If in the application materials that meet the Article 12 requirements
This law is a reference to the drawing (schema, map), but such a map.
The drawings (schemas, maps) in it are not, the claimant is sent to it.
The message is offered to send drawings to his choice.
(schema, map) or remove the reference to it in the application. In case of
The representation of drawings (schemas, maps) for two months from the date of the date of the drawing (schemas, maps) for two months from the date of the date of the date of the drawing.
Receipt by the announcer of a message is considered to be the date of submission.
The date of receiving an institution of drawing expertise (schemes, maps). If
At this time, the claimant will not make a choice offered to him, then the claimant will not make a choice requested by him.
The claim is considered unreported that the claimer is sent to the claimer.
References
12. In case of violation of the claim 8 of Article 11 of the Act
The claim is considered to be revoked that the claimer is sent to the claimant.
References
13. If there are reasons to believe that the object is not stated.
Requirements of the point 2 of the article 5 or the application does not correspond to the requirements of the point 2 of the article 5 or the application does not meet the requirements of the statement.
Formal requirements of Article 11 of this Law and rules established
It is based on the Institution, or a document on the payment of the collection for the submission of the submission
Applications do not meet the established requirements, then the expertise establishment
He sends a claim to the previous conclusion from
The proposal to provide a motivated response to elimination, in the case of a motivated response.
The necessity specified in the conclusion of the flaws.
The response of the applicant is given in a time set by point 6
This article for additional materials, and is taken into account under consideration.
Preparation of the conclusion of the expertise on the application.
In the case of a unification requirement set by point 3
Article 11 of the Act, the applicant must note in response
The industrial design to which expertise should be conducted, and
In the case of the need to make a refinement to the application. In this way,
Other industrial samples can be submitted by independent applications.
If a unity requirement expertise will not be offered to the institution.
The application expertise is conducted on the industrial design, and the expertise of the application is carried out.
The first is described;
9) in an article 15 of the words "received by him a decision" to replace
According to "payment of the state duty for";
10) Article 16 to teach in this editor:
""Article 16. Patent Release
1. Based on the decision to issue a patent and in the presence of a patent.
Documents on the pay of the state duty for the granting of the patent and assembly for the patent.
The publication of the patent is published in the official publication of the patent.
bulletin information about the issue of a patent defined in the installed
Order. Costs and collections are paid after receipt before receipt.
The applicant decides to issue a patent.
If within three months of entry to the applicant
The decision to issue a patent of documents on the pay of a state duty for the pay of the state duty.
Patent and Assembly for publishing a patent in size
and order defined by law, no expertise has been established to the institution.
The publication was not completed, and the application is considered to be considered to be considered.
recalled.
The terms of these documents continue, but not more
For six months, if the populated will be given the appropriate
The petition and paid collection for his representation. This term missing
For reasonable reasons, it is renewed if six months from six months to six months.
His pop will be given the appropriate petition and paid for the collection for
His representation.
2. After publishing information about publishing a patent, any
The person has the right to acquaint with the application material in the installed applications
Order. The collection is paid for by the application materials."
11) in Article 17:
point 2 after the word "Institution" is added to the words "and yes".
Received according to his petition of the Reister's claim to receipt according to his petition.
Information about the patent, provided the payment of the collection for the representation of the patent.
petition";
The paragraph of the first point 3 to teach in the following edition:
"3". Errors in the information register are corrected for
Initiative of the owner of the patent or the Government.
12) article 18 to complement item 4 of this content:
"4. In the case of loss or spoiling his owner's patent
The duplicate of the patent is issued in order established by the United States. Back
Duplicate release of the patent pays the collection."
13) Article 19 of the Editorial Office:
""Article 19. Declaration of the Decree on the Application
1. The applicant can appeal to the Decree on the application in
Court order, as well as to the Court of Appeals for two two
months from the date of the decision of the Decree or copies of materials,
Required in accordance with Article 3 of Article 14 of this Law.
2. If the decree is complainted with the judicial decision
Order after the state registration of the patent, the court decides together and
Questions on the validity of the appropriate patent.
3. The right to appeal to the Decree of the Court of Appeal to the Court of Appeal.
It is lost in the case of paying a state duty for the patent.
4. Declaration of the Decree of the Decree to the Court of Appeal
It is done by submitting objections against the decision in order,
established by this law and based on the regulations
The Appeal House approved by the Constitution. For negation
paying the collection. If the collection is not paid in a time specified in
Point 1 of this article, the negation is considered unreported about what it is said to be about.
A claimant is sent to a message.
5. In case of receiving the Appeal Chamber of Dispute and
A document on the payment of the assembly for submission of neglect of the dilordry for
The application stops approval of the Court of Appeal.
6. Defence against the Decree of the Decree on the Application
It is considered under the regulations of the Appeal House, during the course of the election.
Two months from the date of the receipt of the negation and document on
pay for denial representation, within the motifs laid out.
He is an advocate in deny and during his review. Release date
The negation continues on the initiative, but not more
than two months, if the popup will be given the appropriate
The petition and paid collection for his representation.
7. Releases of negation Appeal Palace
It takes a motivated decision approved by the order of the Government and
A claimant is sent.
In the case of satisfaction, the objection is fully or partially collected for
The representation of the objection is to be returned.
8. Before the approval of the Court of Appeal, the lunar
Deadline from the date of its acceptance, the Head of the Decree can be concluded by the Government.
A motivated written protest to this decision that must be a motivated written protest for this decision to be a solution that is to be a motivated written protest.
Considered during the month. The Decision of the Appeal House, adopted
This protest is the final and can only be cancelled by the court.
9. The applicant can complain the approval of the Constitutional Decision
Appeals in court order for two months from
Given a decision."
14) in Article 20:
The third point 2 paragraph is set in the following edition:
"The use of an industrial sample is recognized by the manufacture
Production using a patented industrial sample,
The use of this product, offering for sale, including
online, sell, import (carriage) and other introduction of it into
Civil refurbishment or storage of such a product in specified purposes."
The second point 6 paragraph is replaced by two paragraphs of this content:
"The side of the treaty has the right to inform uncertain uncertainty
circles of persons to transfer ownership rights to an industrial sample or
Licensing for the use of an industrial sample. Such
Information is done by publication in the official bulletin
Information in volume and order established by the Constitution, with
Their simultaneous introduction to the Register.
Releases and suggestions
Side of the Treaty of Changes to Information on Licensing
We pay the collections."
15) Article 21 to exclude;
16) in Article 22:
The last paragraph 2 is complemented by words "with messages
This use of the patent owner immediately as it becomes
It is virtually possible and paid to him by appropriate compensation."
In paragraph 3 of the words "economic" and "product" replace
According to "civil" and "production".
17) in paragraph 1 article 23 of the words "(arbitration court)" and
"(arbitration court)" exclude;
18) in Article 25:
"In" item 1 to be taught in this editor:
"V) issuing a patent as a result of applications with violations of rights
Others;
point 2 exclude;
19) paragraph 2 of the article 26 to teach in this article.
Editions:
"Take renewal of the patent's owner's ruling rights can for
His consent also acquired the license;
20) Article 27 to teach in this editorial:
""Article 27. Rights protection
1. Protecting the rights to the industrial specimen is carried out in the judicial
Otherwise established by the Order Law.
2. Court jurisdiction extends to all legal relations that
It is due to this law.
Courts according to their competence are solved, in particular, disputes
About:
industrial design authorship;
establishing the fact of the use of an industrial design;
establishing a patent owner;
patent owner's rights violation;
Preliminary use law;
Compensation";
21) point 2 articles 29 exclude.
6. In the Law of Ukraine "On protection of rights to signs for goods and goods
Services 3689-12 ) (Report of the Verkhovna Rada of Ukraine, 1994,
N 7, pp. 36; 1999, N 32, pp. 266; 2001, N 8, pp. 37;
2002, N 7, pp. 51, N 16, pp. 114, N 35, pp. 256):
1) in Article 1:
In the third word "public" paragraph, replace the word
"physical";
In the fourth word "uniform" to exclude;
Eighth alphabet after the word "application" is complemented by words "or
The applicant's rights to another established law of order."
The twelfth paragraph is complemented by words "and other questions,
Referring to its competence by the law."
Complete the abstract of such content:
"ICTP - International Classification of goods and services for
registration of signs";
2) articles 5 and 6 to teach in this editor:
""Article 5. Legal protection terms
1. The legal guard provides a sign that does not contradict
public order, the principles of humanity and morality, and which are not unlikely.
Releases for refusal of legal protection are distributed.
established by this law.
2. An object of a sign can be any notation or any notation.
combination of designations. Such designations can be, in particular,
words, including their own names, letters, digits, depicting
elements, colors and combinations of colors, as well as any
The combination of such designations.
3. The ownership of the sign is testified by the certificate. Release
The witness is 10 years from the date of submission to the appendix before
The ruling and continues by the petition of the owner
A 10-year certificate, provided the payment of the collection in order,
Article 2 of the Act. Order
The sequel to the validity of the certificate is set by the Institution.
The action of the witness is terminated in terms of the conditions laid out in terms of the conditions laid out in the condition of the witness.
Article 18 of this Law.
4. The amount of legal protection given is defined
images of the sign and list of goods and services entered into service.
The craft, and is certified by the certificate given by a copy.
The image of the sign and the list of goods and goods.
Services.
5. The right to obtain a certificate in the order established by this
The law has any person, a union of individuals or their own.
Legal successors.
6. The right to obtain a certificate has a claimant whose claim has a claim to have a claim.
Early date of submission to the Decree or if a priority is stated,
Early priority date, provided that the application is not specified.
It is believed to be revoked, not revoked or revoked by it.
A decision to reject the sign's registration was made, the ability to reject the sign's registration.
The complaint of which is exhausted.
Article 6. Releases for legal protection
1. The law cannot obtain legal protection.
The designs depicting or simulating:
State arms, flags and other state symbols (emblems);
official names of states;
Emblems, shortened or complete international names
Intergovernmental organizations;
official control, guarantee, and sampled glue, seals;
Awards and other honors.
Such designations can be included in the sign as elements that
It is not guarded if this is the consent of the corresponding competent.
The body or its owners. The Competent Authority on the name of the state is
The collegial body formed by the Ustanov.
2. The law cannot obtain legal protection.
Also notation:
Of course, there are no distinguishing ability and no such ability came.
As a result of their use;
It is composed only from the designations that are commonly used as
The designation of goods and services of a particular kind;
It is composed only from designations or data that are descriptive when
Uses on the listed goods and services or in the application
Communications with them, in particular, indicate the species, quality, composition, number,
properties, appointment, value of goods and services, place and time
Production or sale of goods or services;
It is humorous or humorous that can introduce in a humor about
A commodity, services or individuals who produce a commodity or provide a service;
It is composed only from the designations that are commonly used
symbols and terms;
Only a form that is conditioned by natural state
Commodity or need to obtain a technical outcome, or which
It provides a substantial value.
The definitions listed in the second, third, fourth, fourth, alphabet
The sixth and seventh point can be inscribed as
Unguarded elements if they do not dominate the dominant dominant.
The position in the image of the sign.
3. Can not be registered as notation signs that are
identical or similar to that they can be confused with:
Signs previously registered or declared registration in
Ukraine named another person for the same or related to them.
goods and services;
Other signs if these signs are protected without registration
Based on international treaties which are Ukraine.
In particular, the signs recognized well known according to article 6
Bis of the Paris Convention on the Protection of Industrial Property
( 995_123 );
firm names known in Ukraine and belong to
Other persons who have obtained the right to submit them before submitting them to the committee.
Decree on the same or related goods and goods.
Services
qualified indications of the origin of goods (including qualified indications of the origin of goods (including qualified indications of the origin of goods).
alcohols and alcoholic beverages are protected according to
The Law of Ukraine "On Protection of Rights to Indicate Origin
Commodities 752-14 ). Such designations can only be elements,
Not protected, the signs of individuals who have the right to use
specified indications;
Conformity signs (certification signs),
registered in the established order.
4. Not registered as notation signs that reproduce:
Industrial specimens, rights to which are owned in Ukraine by others
persons;
Names of the famous works of science, literature and art
or quotes and characters of them, artworks, and their fragments without quotations.
Consent to copyright owners or their successors;
surname, names, pseudonyms, and derivatives from them, portraits and
Faximile is known in Ukraine without their consent."
3) in Article 7:
"International classification" (International classification)
"MCTP" replaces the word "MCTP";
Point 8 to teach in this editor:
"8. When submitting an application, the collection is paid, the size of which is paid.
It is set to account for the number of classes of ICTP, which
They are encompassed in the application of goods and services. Documents
The fee of the assembly must come to the Uruguay with an application or an application.
For two months from the date of the application. This term
It continues, but not more than six months, if it continues until it is completed.
The pigment will be given the appropriate petition and paid for its collection.
Releases;
4) Article 8 of the Edition:
""Article 8. Release date
1. The date of submission is the date of receipt by the Institution
Materials containing at least:
The petition in an arbitrary form of registration of a sign is laid out by
Ukrainian:
Information about the applicant and its address, published in Ukrainian
Language;
A sufficiently clear image of the notation that states;
List of goods and services for which the sign is given.
2. The date of the application is set by points 10 and
11 Articles 10 of this Law.
3. Upon establishing the date of the application, any person has
The right to acquaint the application material in order established
Institution. The collection is paid for by the application materials."
5) Article 10 of the Edition:
""Article 10. Application expertise
1. Application expertise has the status of scientific and technical expertise,
Composed of formal expertise and qualifying expertise
(experts essentially) and is conducted by the institution of expertise respectively.
Prior to this, the Law and Rules established on its basis.
2. The expertise's layout provides information,
It is necessary to conduct an expertise of the applications, and is the center of the state.
international exchange of editions according to the Convention on
international exchange of editions. 995_172 ), adopted on 3 December
1958 United Nations General Conference on the United Nations
Education, Science and Culture.
3. The final results of an expertise of the application that is not considered to be not considered to be the final results of the expertise of the application.
revoked or not revoked, are displayed in undecided.
The conclusion of an expertise on the application that takes into effect afterwards.
The approval of his Constitution. Based on this conclusion, the Resolution
decides to register a sign for all stated in the application
merchandise or refusal to register a sign for all
In the application of goods and services, or on registration of a sign
Parts listed in the application of goods and services and refusal to
registration of a sign for another part specified in the application of goods and goods.
Services. The Decision is sent to the applicant.
The applicant has the right for a month from the date of receiving it.
The decision of the Decree to retrieve copies of materials that are contrasted
Applications. These copies are sent to the applicant during the month.
4. The applicant has the right to initiative or invitation.
The institution of expertise personally or through its representative to the brothers
Participation in the established Order Instrument on matters that
During the examination.
5. The applicant is eligible to apply for fixing errors and errors.
Changes to its name (name) and its addresses, addresses for
correspondence, name, and addresses of its representative, as well as changes to the relation to the correspondence, the names and addresses of its representative, as well as changes to the relation to the correspondence, the names and addresses of its representative, as well as the changes to the relation to the relation to the correspondence, the names and addresses of its representative, as well as the changes to the relation to the correspondence, the names and addresses of its representative, as well as the changes to the relation to the relation to the correspondence, the names and addresses of its representative.
Reduction of the list of goods and services.
The applicant can make changes related to change
The applicant's person, provided the consent listed in the application of others.
Applicants. Such changes may be agreed to all advocates to be made as well
A person who wishes to become a claimant.
These corrections and changes are taken into account if they are obtained
The institution of expertise is not later obtained by him a document on payment of payments.
State Duma for the issue of certificate.
For fixing a error or error correction statement
Any of these changes is paid to the collection, provided that any of the changes are paid to the collection, provided that the collection is paid.
The error is not obvious or technical, and the change emerged due to the dependent
From a circumstance statement.
6. An expertise may require a claimant to grant a claimant.
Additional materials, unless expertise is conducted.
It is impossible, or in the case of grounded doubt in
Reliability of any information or elements contained in
Application material.
The applicant has the right for a month from the date of receiving it.
Report or conclusion of the institution of expertise with the requirement for granting a message or conclusion of the institution of expertise.
Additional materials need to be recovered from his copies of materials that
opposed applications.
Additional materials must be submitted by an applicant for two
months from giving him a message or the conclusion of the institution
expertise or copies of materials contrasted by applications. Release
Submission of additional materials continues, but not more than more than more than other materials.
Six months, if the popup will be submitted to the appropriate
The petition and paid collection for his representation. This term missing
For reasonable reasons, it is renewed if six months from six months to six months.
His pop will be given the appropriate petition and paid for the collection for
His representation. If the applicant fails to provide additional materials to the applicant.
The statement is said to be revoked, that he is about.
A message is sent.
7. If an applicant is given additional materials, then in the process
expertise is revealed whether they are outside the uncovered boundaries.
entitled entities and lists listed in the application
goods and services.
Additional materials are exited beyond the disclosed in the given data
Applications are essentially marked if they contain signs that follow
Incorporate a notation that is given as a sign.
Additional materials in the part exiting beyond the uncovered
In a given application, the essence of a notation or complement the list specified in
merchandise and services are not taken into account during examination
Applications and can be, after receiving a corresponding message
The institution of expertise declared as an independent application.
8. Any person can submit to an expertise institution
motivated negation against an inconsistency statement
It is marked by the terms of granting legal protection,
established by this law.
The denial is paid for.
The objection is considered if it is obtained by the institution
expertise not later than 5 days before the passage of the Constitution
Decision on the application.
The examination's delay sends a copy of the applicant's objection.
The advocate is to inform the institution of expertise on its own
The attitude to the negation for two months from the date of his
Receipt. It can reject the negation and leave the application without denial.
Changes, make changes or revoke it.