MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark Attorneys ISO 9001 CERTIFIED
MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark Attorneys
ISO 9001 CERTIFIED


INTELLECTUAL PROPERTY NEWS



2008

The invalidation of conclusion of the State Enterprise “State Pharmacology Centre” about recommendation for medicine registration from now on should be considered as a method of protection of the infringed rights of patent holders          November 25, 2008

The electronic data transfer and exchange system ADEPT (EAPO)          November 25, 2008

On November 12, 2008 at the meeting of the Committee of the Supreme Rada of Ukraine on European Integration the Draft Law “On Ukraine’s Accession to the Locarno Agreement Establishing an International Classification for Industrial Designs” and the Draft Law “On Ukraine’s Accession to the Strasbourg Agreement on the International Patent Classification" have been approved          November 18, 2008

The draft law “On patent attorneys” (Russian Federation) – was given the second reading          November 14, 2008

Data on the registration of objects of intellectual property in October, 2008 in the State Department of Intellectual Property in Ukraine          November 11, 2008

Amendments to Part IV of the Civil Code of the Russian Federation     October, 2008

The Ministry of Education and Science of the Russian Federation on December 12, 2007 endorsed the Administrative Rules for the Federal Service on Intellectual Property, Patents and Trademarks          June 11, 2008

The bill directed on strengthening of copyright protection has been introduced to the State Duma of the Russian Federation     May 30, 2008

INTA Berlin 2008     May 26, 2008

Change of the official fees in connection with Ukraine's joining the WTO     May 26, 2008


November 25, 2008
The invalidation of conclusion of the State Enterprise “State Pharmacology Centre” about recommendation for medicine registration from now on should be considered as a method of protection of the infringed rights of patent holders.

Earlier, according to the Ukrainian legislation, when registering a medicine, the invalidation of conclusion of the State Enterprise “State Pharmacology Centre” about recommendation for medicine registration was not considered to be a method of rights protection of patent holders.

In view of the above-mentioned, the frequency of cases of the state registration of medicine infringing the right of the patent holders increased significantly in Ukraine and litigation practice of such registrations did not lead to any proper rights protection of the patent holders.

The problem, being an object of numerous litigation and scientific debates, was touched upon scores of times in various publications and conferences with the aim of discussion and adoption of the single and common legal attitude.

The Economic Court of Ukraine finally drew the line under the ambiguous interpretation of legislation by adopting on November 11, 2008 the resolution at the lawsuit ą 12/381 on the IP protection of the medicine. According to the said resolution the invalidation of conclusion of the State Enterprise “State Pharmacology Centre” about recommendation for medicine registration from now on should be considered as a method of protection of the infringed rights of patent holders.

Being the court precedent in the field of intellectual property, the said resolution became the base for approving by the Supreme Economic Court of Ukraine the corresponding elucidation about the practice of litigation proceeding relating to the rights protection of patent holders.



November 25, 2008
The electronic data transfer and exchange system ADEPT (EAPO)

On December 29, 2007 EAPO approved the Provisional Procedures for Exchange of Documents on Eurasian Applications and Eurasian Patents. These Procedures came into force on January 1, 2008 and establish the general principles of electronic exchange of documents on Eurasian applications and patents, using the electronic data transfer and exchange system ADEPT.

EAPO also approved the Agreement on Electronic Exchange of Documents on Eurasian Applications and Patents, which also came into force on January 1, 2008. The Agreement is concluded with the patent attorneys by submitting to the EAPO a request to accede to the Agreement. Exchange of electronic documents, signed with electronic digital signature (EDS) between the parties (EAPO and patent attorney) is via the Internet using the ADEPT software. After the documents are successfully sent the sender receives the electronic confirmation signed by EDS. ADEPT system uses the CryptoPro software, which comprises means for cryptographic protection.

Our patent office always keeps track of new technologies in the field of intellectual property in order to provide the high quality service for our clients. Our office was one of the few patent offices to accede to the Agreement and successfully adopt the ADEPT system. Besides, our office was the first to adopt the most recent version of the software CryptoPro CSP 3.0 to provide a quick and secure exchange of application documents between our firm and the EAPO.



November 18, 2008
On November 12, 2008 at the meeting of the Committee of the Supreme Rada of Ukraine on European Integration the Draft Law “On Ukraine’s Accession to the Locarno Agreement Establishing an International Classification for Industrial Designs” and the Draft Law “On Ukraine’s Accession to the Strasbourg Agreement on the International Patent Classification" have been approved

International Classification for Industrial Designs is a unified means for classification of patent documents at the international level and is an effective tool for patent offices and applicants to use in order to detect the novelty of an industrial design during a patent search. The Classification has only administrative nature, that is, it does not establish obligations for the countries-members of the Special Union regarding the scope of legal protection of industrial designs. Therefore, Ukraine's accession to the Agreement is appropriate in view of the harmonization of national legislation with the international Law, which would enhance the effectiveness of protection of industrial designs in Ukraine.

Draft Law of Ukraine “On Ukraine's Accession to the Strasbourg Agreement concerning the International Patent Classification.

The Classification has only administrative nature, that is, it does not establish obligations for the countries-members of the Special Union regarding the scope of legal protection of inventions. According to the Agreement the country in which it is applied, create a Special Union and accept the general classification - International Patent Classification (hereinafter - the International Classification). The International Classification is a unified means for classification of patent documents at the international level and is an effective tool for patent offices and applicants to use during a patent search in order to determine the patentability of invention. Therefore, Ukraine's accession to the Agreement is appropriate in view of the harmonization of national legislation with the international legislation, which will enhance the effectiveness of protection of inventions in Ukraine.



November 14, 2008
The draft law “On patent attorneys” (Russian Federation) – was given the second reading

The Science and High Technology Committee of the State Duma of the Russian Federation on the meeting, which was held on November 10, 2008 considered the draft law “On patent attorneys" in the second reading. The draft law defines the legal status of patent attorneys, the requirements for candidates for patent attorneys, rights, duties and responsibilities of patent attorneys, the process of certification and registration of patent attorneys, the procedure of control over certification and registration of patent attorneys, etc. In the draft law there is also a list of grounds for exclusion of patent attorneys from the State Register of patent attorneys.

Out of 39 amendments proposed by deputies, the Committee recommended the State Duma to adopt 24 amendments, and to reject 15 amendments. Namely, Valery Chereshnyeva and Vyacheslav Osipov proposed to grant patent attorneys the rights to create public associations or to be members of public associations, as well as to create a self-regulated and other organizations with regard to specialization according to the results of the intellectual activity and the methods of individualization. This amendment has been approved. The amendment, according to which the number of patent attorneys in the Board of Experts and in the Board of Appeals should not be more than one third of the total number of members in each Board, have been also approved. The membership of patent attorneys in the mentioned Boards will be subject to rotation once per three years.



November 11, 2008
Data on the registration of objects of intellectual property in October, 2008 in the State Department of Intellectual Property in Ukraine

During October 2008 the State Department of Intellectual Property received 3,789 applications for objects of industrial property. Among them: invention applications - 401, utility model applications - 683, industrial design applications - 144, trademark applications - 2561.



October 2008
Amendments to Part IV of the Civil Code of the Russian Federation

The Economic Policy Committee recommended State Duma to adopt amendments to Part IV of the Civil Code. In particular, it is proposed to exclude a possibility of refusing state registration of a trademark, identical to a domain name the rights for which were obtained earlier.


June 11, 2008
The Ministry of Education and Science of the Russian Federation on December 12, 2007 endorsed the Administrative Rules for the Federal Service on Intellectual Property, Patents and Trademarks

The Ministry of Education and Science of the Russian Federation on December 12, 2007 endorsed the Administrative Rules for the Federal Service on Intellectual Property, Patents and Trademarks to Carry out the State Function of Keeping Registers of Registered Intellectual Property Objects, Publishing Information on Registered Intellectual Property Objects, Filed Applications and Patents and Certificates Issued for the Applications, the Effect, Termination of the Effect and Reinstatement of the Effect of the Legal Protection of Intellectual Property Objects, the Assignment of Rights to Protected Objects and the Official Registration of Intellectual Property Objects. The Administrative Rules were registered in the Department of Justice of the Russian Federation on May, 30th, 2008.



May 30, 2008
The bill directed on strengthening of copyright protection has been introduced to the State Duma of the Russian Federation

The bill directed on strengthening of copyright protection has been introduced to the State Duma. The document introduced by the government of the Russian Federation, provides changes in Part IV of the Civil code of the Russian Federation which bring the document into accordance with the standards of The Agreement on Trade-Related Aspects of Intellectual Property Rights and other international standards. In particular, the bill confirms conformity of the Russian legislation with the Berne Convention and stipulates that legal owners keep the right to compensation in case of free use of the copyright objects.

The offered changes also exclude the possibility of exemption of liability of manufacturers that produce technical means intended for elimination of technical measures of protection of copyrights. The document provides conformity with requirements of The Agreement on Trade-Related Aspects of Intellectual Property Rights regarding restriction of cases of granting the compulsory licence concerning the inventions containing semiconductors.

The bill excludes the possibility to refuse the state registration of a trade mark identical to a domain name, the rights on which have arisen before the priority date of a trade mark. As was indicated in the explanatory note to the document, The Agreement on Trade-Related Aspects of Intellectual Property Rights does not refer a domain name to the copyrighted objects and consequently, there are no legal basis for opposing it to a trade mark.

The standards of the Civil Code of the Russian Federation are brought into accordance with the items of the Agreement on Trade-Related Aspects of Intellectual Property Rights regarding granting of protection to nominations which though do not contain the name of geographical object, but identify the object as coming from the given territory. According to the bill, the demands similar to those, which are specified for the appellations of origin of the goods, should be also applied to such nominations.

      
May 26, 2008
INTA Berlin 2008
INTA Berlin
As all of you may be aware the 130th INTA annual meeting took place in Berlin in the period of May 17-21, 2008.
The professionals of our company visited the event as well aiming to meet our clients and colleagues, to exchange the thoughts and ideas and once again to experience the exciting INTA atmosphere.
However this INTA meeting was special for us not only with the pleasant and long-expected meetings with our valued clients and colleagues, but with the fact that we took part in our first exhibition presenting our company and our work, welcoming our guests with our traditional hospitality. “Traditionally yours” was the slogan of our exposition in the national traditional style of our country which should be as well regarded as the slogan of all our work traditionally professional and careful to the demands and needs of our clients.
We would like to express our gratitude to all of you who managed to visit our booth and hope that this first experience was as interesting for you as for us!
Hope to meet you at next events!
May 26, 2008
Change of the official fees in connection with Ukraine's joining the WTO

New Provision, which regulates the official fees for actions connected with protection of intellectual property rights has came into effect in Ukraine since May 16, 2008 - the date of Ukraine's joining the WTO. The most essential changes are as follow:

For inventions, utility models, industrial designs and trademarks

- The official fees are represented in Ukrainian hryvnias (UAH) and vary from 10 to 25%.
- The reduced official fees for the applicants residing in countries where per capital national economy is below 3000USD are cancelled.

For inventions and utility models

- It is stipulated that the "per claim fee" is changing starting from the third claim (before it was changing starting from the 10th claim).
- The 10% discount for filing the application in electronic format is cancelled.
- The 70% discount for examination fee for application filed with a copy of the search report issued by the International Search authority is cancelled.
-The official fee is reduced form 50% to 5% of the set fee for the applicant who is an inventor or the author of the invention (utility model).
-The fees are paid in amount of 20% of the set fee for owner(s) or applicant(s) of patent on utility model who is a nonprofit organization.

For Ukrainian design patents

- The official fees vary within 25% of current fees.

For Ukrainian trademarks

- The official fee for filing the trademark applications in one class decreases from 250 Euro to about 142 Euro.
- The official fee for filing the trademark application for each additional class increases from 120 Euro to about 142 Euro.
- The 10% discount for filing the trademark application in electronic format is cancelled.
- The 20% discount for filing the trade mark application with the trade mark search results is cancelled.


November 18, 2008
On November 16, 2006 the Verkhovna Rada [Supreme Council] of Ukraine has introduced amendments in the LAW OF UKRAINE "On Medicines"

For those engaged in protection of intellectual property, of special interest will be the following provision which was added in article 9 of the Law:

"For state registration of medicines which are based on or relate to the objects of intellectual property for which a patent has been issued in accordance with the Laws of Ukraine, the Applicant shall file a copy of the patent or patent licence which allows production and sales of the medicine. Also, Applicants must submit a letter in which they indicate that rights of third parties are not affected in result of state registration of the medicine."

As indicated in the closing statement of the Law of Ukraine of November 16, 2006 on introduction of amendments in the Law of Ukraine "On Medicines", the Government of Ukraine shall introduce the corresponding amendments in all related by-laws and regulations within the term of 3 months.

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