The government launched the functioning of the National Intellectual Property Authority

On October 13, at a meeting of the Government on the initiative of the Ministry of Economy, an order “On the National Intellectual Property Authority” was adopted.

The order stipulates that the functions of the National Intellectual Property Authority shall be performed by the state enterprise “Ukrainian Institute of Intellectual Property”.

“Society, the market and the international community have been waiting for a comprehensive reform in the field of intellectual property for a long time. By approving this order, the Government is successfully completing the institutional component of the reform of the field of intellectual property, which has lasted more than 4 years”, – said the Minister of Economic Development, Trade and Agriculture Ukraine Igor Petrashko.

The adoption of the order will create a legal basis for the start of functioning from October 14 this year, the National Intellectual Property Authority, which will serve as the only window for the issuance of documents of title to intellectual property”.

NIVA to carry out, in particular, the following functions:

• accepting applications for state registration of copyright and agreements concerning the author’s right to work;

• acceptance of applications for registration of industrial property objects and their examination (inventions, utility models, industrial designs, trademarks, geographical indications, layouts of semiconductor products);

• issuance of patents, certificates;

• training, certification and registration of patent attorneys;

• ensuring the activities of collegial bodies (the Appeal Chamber, the Commission for the coordination of issues on the introduction of a designation containing the official name of the state “Ukraine” of the trademark, Attestation and Appeal commissions);

• performing the functions of the International Searching Authority and the International Preliminary Examining Authority in accordance with the Agreement with the World Intellectual Property Organization.

Additional:

The order was developed by the Ministry of Economy in pursuance of the Law of Ukraine “On Amendments to Certain Laws of Ukraine Concerning the Establishment of a National Intellectual Property Authority” dated June 16, 2020 No. 703.

On October 14, 2020, the Law of Ukraine “On Amendments to Certain Laws of Ukraine Concerning the Establishment of a National Intellectual Property Authority” dated June 16, 2020 No. 703-IX, which defines the powers of the National Intellectual Property Authority (NIPA), comes into force.

10/14/2020, the state enterprise “Ukrainian Institute of Intellectual Property” (Ukrpatent) begins to perform the functions of the NIPA in accordance with the order of the Cabinet of Ministers of Ukraine “On the National Intellectual Property Authority”.

According to this Law, the Ministry of Economy continues to ensure the formation and implementation of state policy in the field of intellectual property. At the same time, some functions (in particular, the issuance of patents, certificates) are transferred from the Ministry of Economy to Ukrpatent.

Thus, Ukrpatent shall exercise the powers delegated to it as the National Intellectual Property Authority in accordance with the Laws of Ukraine “On the Protection of Rights to Inventions and Utility Models”, “On the Protection of Rights to Industrial Designs”, “On the Protection of Rights to the Layout of Semiconductor Products”, “On the protection of rights to marks for goods and services”, “On the legal protection of geographical indications”, “On copyright and related rights”.

Source: me.gov.ua