The Government Has Approved Bills on Protection of Intellectual Property RightsOn January 25, the Cabinet of Ministers of Ukraine supported two bills on reforming the system for protecting intellectual property rights in Ukraine. The improvement of legislation in this area is a part of commitments under the Association Agreement with the European Union. The documents were prepared by the Ministry of Economic Development and Trade of Ukraine.
According to Stepan Kubiv, who is the First Vice Prime Minister of Ukraine and the Minister of Economic Development and Trade, new bills will help create more favorable conditions for the inventive activity in Ukraine. At the same time, it will prove to have a positive impact on the state economy, particularly on the realization of innovative and investment potential.
The first bill entitled “On Amendments to Certain Legislative Acts of Ukraine Concerning Settlement Issues of Copyright and Related Rights” is expected to improve the existing system of organization and protection of intellectual property rights. The document will regulate:
• ownership of property rights to objects of copyright and related rights, which were created for an individual order or according to the employment contract;
• the use of licenses accessible in digital format, which can be provided via electronic communications in the form of a public offer;
• the introduction of free licenses, which will allow authors to distribute results of their creative activities and negotiate contracts legally and free of charge.
The second bill entitled “On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of Legal Protection of Inventions and Utility Models” will contribute to the protection and promotion of inventive activity. According to this document, people willing to apply for registration of invention will be able to do it in an electronic form. At the same time, the mechanism for appeal applications in “Ukrpatent” is planned to be improved. The bill also provides for the implementation of “post-grant opposition” principle, i.e. the property rights might be claimed invalid if the patent was issued in violation of copyright.
At the same time, the new bill is supposed to help overcome the “patent trolling”, which denotes a practice when firms earn simply on buying up patents and initiating lawsuits, demanding a prohibition of production or royalty payment.
Source: Ministry of Economic Development and Trade