GlobalReport

Global Report: Europe
In the News continued from page 17
UKRAINE: State Intellectual Property Service
to Be Liquidated
The Government of Ukraine adopted a resolution
providing for (a) the liquidation of the
State Intellectual Property Service of Ukraine
(SIPS); (b) the transfer of functions related to
implementation of the national policy in the
field of IP to the Ministry of Economic Development
and Trade of Ukraine (MEDT); (c) transfer
of the management over the state enterprise
“Ukrainian Intellectual Property Institute”
(Ukrpatent), the state organization “Ukrainian
Agency of Copyrights and Related Rights,” and
the state enterprise “Intelzakhyst” from the
SIPS to the MEDT.
Resolution No. 585 was adopted on August
23, 2016, in the framework of implementation
of an action plan on realization of the concept
of reforming the state system of intellectual
property protection in Ukraine (Order No.
632-р) and is aimed at the optimization of the
activity of central bodies of executive power
of the state system of IPR protection. In the
course of implementation of the action plan, a
particular emphasis will be placed on introduction
of a transparent two-level structure of the
state management in the field of intellectual
property, reorganization of the collective copyrights
management system, improvement of
national legislation, and its harmonization with
EU requirements.
On the basis of Ukrpatent (through its reorganization)
and SIPS, the National Intellectual
Property Agency (NIPA) will be formed. Thus,
A particular emphasis will be
placed on introduction of a
transparent two-level structure
of the state management
in the field of intellectual
property, reorganization
of the collective copyrights
management system, improvement
of national legislation,
and its harmonization
with EU requirements.
there will be a single body responsible for implementation
of the state policy in this sphere.
NIPA will be coordinated by MEDT and will carry
out examination of IP applications, issue registered
IP rights, consider requests for invalidation
of registrations of IP rights under administrative
(out-of-court) procedures, register facts
of disposal of proprietary intellectual property
rights, and maintain respective registers of
ownership of rights. The functions pertaining to
monitoring compliance with the legislation are
expected to be transferred to the law enforcement
authorities, which is in line with the best
European practices.
At the same time, MEDT will fulfill functions
related to developing policy in the field of IP, in
particular developing and approving strategic
directions in this field, elaborating legislative
proposals and regulations, and maintaining
continual public dialogue in the industry. As
explained by Olena Minitch, Director of Department
of Innovation and Intellectual Property,
MEDT, there should be no technical problems
with the issuance of protection documents
(including trademark registration certificates),
and no interruptions in the examining and
appellate proceedings. The MEDT will provide
for a specific sequence of steps to ensure no
interruption in the consideration of applications
and issuance of protection documents
and legal continuity in court cases.
Prior to the changes (the exact date of adoption
has not been specified), the SIPS will continue
performing its functions, including those
related to examination and registration.
Contributor: Antonina Pakharenko-Anderson
Pakharenko and Partners, Kyiv, Ukraine
Verifier: David Aylen
Gowling WLG (International) Inc., Moscow, Russia
Ms. Pakharenko-Anderson and Mr. Aylen are members
of the INTA Bulletins Law & Practice—Europe
Subcommittee.
Additional Resources on INTA.org
Country Guides
Enforcement: An International Litigation
Guide Global Portal
International Opposition Guide
Trademark Cancellations
Madrid Agreement and Protocol
Geographical Indications, Certification Marks
and Collective Marks:
An International Guide
Trademark Office Benchmarking
Testimony and Submissions:
Review of the European Union
Trademark System
EU Observatory Work Programme 2017
Regional Resources
EUIPO
EUROPA
European Commission
European Parliament
continued on page 20
18 INTA Global Report, February 2017