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


INTELLECTUAL PROPERTY NEWS



2009

The validity term of patents for inventions in Belarus may be extended    December 31, 2009

The First International Forum on Intellectual Property «EXPOPRIORITY'2009» in Russia    December 15, 2009

The draft law “On introducing amendments in certain legislative acts on intellectual property” in Ukraine    December 1, 2009

International system of design registration is simplified    November 18, 2009

The new Regulations on procedure of filing and examining of an invention application and granting of a patent in Moldova    October 30, 2009

The list of plant varieties subject to protection in accordance with the law of the Republic of Belarus “About the patents for the plant varieties” has been approved    October 19, 2009

The new Regulations on procedure for filing, examination and registration of trademarks came into force in Moldova    October 14, 2009

New revision of Regulations for compiling, execution and examination of industrial design applications in Kazakhstan October 13, 2009

Amendments to the Statutes of Fees in Kazakstan and Tajikistan       August 31, 2009

The Law of Republic of Belarus «On the Introduction of Amendments to the Law of Republic of Belarus «On Trademarks and Service Marks»       August 24, 2009

On May 14, 2009 Estonia ratified the Singapore Treaty on the Law of Trademarks       July 15, 2009

The INTA 131st annual meeting took place in USA in May 2009       June 5, 2009

As from July 1, 2009 obligatory GMO marking will appear on food products in Ukraine       June 1, 2009

Lithuania accedes to the London Agreement       June 1, 2009

The Russian Federation accedes to the Patent Law Treaty       June 1, 2009

Ukraine accedes to Locarno, Strasbourg and Vienna Agreements       May 14, 2009

“KG” National Domain transfer to the Kyrgyz Patent Office       March 18, 2009

New Federal Law “On patent attorneys” in the Russian Federation       March 18, 2009

Belarus Adopts New Regulations concerning License, Assignment, Mortgage and Franchise Agreements      
March 18, 2009


The procedure for obtaining a patent and a certificate of authorship for plant varieties has been changed                           April 17, 2009

The new Administrative regulations were registered in the Department of Justice of the Russian Federation on February 20, 2009          March 17, 2009

The ninth edition of the International Classification for Industrial Designs (ICID-9)          March 17, 2009

The rate and the type of currency for payment of annual taxes for maintenance of Eurasian patents in the territory of Turkmenistan       February 05, 2009

Practice of the use of IP Legislation by Civil Courts of Ukraine          January 29, 2009

In the Russian Federation new Regulations stipulating the official fees related to the intellectual property have been ratified on December 12, 2008          January 7, 2009

New Turkmenistan Law on Patents and Industrial Designs dated October 23, 2008          January 6, 2009


December 31, 2009
The validity term of patents for inventions in Belarus may be extended



The draft law "On introduction of changes and amendments to certain laws of the Republic of Belarus on legal protection of inventions, utility models and industrial designs ” provides a possibility to extend the validity term of patents for inventions in Belarus.

The first reading of the document took place at the final meeting of the third session of the House of Representatives on December 18, 2009.

According to the patent law currently in force the inventor receives a patent for 20 years. Often when a person invents, for example, a drug, he receives a patent but cannot use it, since the examination and certification should be carried out first. It may sometimes last for 10-15 years. In this case the inventor actually owns the patent, but can not use it.

According to the draft law the following rule is proposed: if granting the first permittion for use of a drug lasts more than 5 years, an inventor has the right to file a request for extension of a patent for a period of 5 years.

The draft law excludes the administrative procedure for extension of validity term of patents for utility model and industrial design. Previously it was stipulated by the law that the validity term of a patent for utility model is 5 years with the possibility of extension for 3 years, for industrial design is 10 years with the possibility of extention for 5 years. Now it is stipulated to grant utility model patents for 8 years and industrial design patents for 15 years.

It is expected that the procedure of preparation of a patent application will become much easier for applicants due to the exclusion of "essential features" and the scope thereof from the set of elements that influence the scope of legal protection of industrial design. Only the set of images of industrial design, in other words, only drawings will be taken into consideration.


December 15, 2009
The First International Forum on Intellectual Property «EXPOPRIORITY'2009» in Russia


«EXPOPRIORITY'2009»

On December 8-10, 2009 the representatives of company “Mikhailyuk, Sorokolat & Partners” took part in the First International Forum on Intellectual Property «EXPOPRIORITY'2009» that was held in the Central Exhibition Hall, Expocentre, located on Krasnopresenskaya nab. 14 in Moscow.

The claimed high status of the Forum, that took place for the first time, was acknowledged by participation therein of the representatives of the World Intellectual Property Organisation (WIPO), the Global Association of the Exhibition Industry (UFI), the International Association for the Protection of Intellectual Property (AIPPI), Licensing Executive Society (LES) as well as regional and national patent offices of the leading countries.

The First International Forum on Intellectual Property «EXPOPRIORITY'2009» gave the individual inventors, entrepreneurs and big, medium or small business representatives an exclusive opportunity to receive free consultations in respect of intellectual property objects and trademarks registration and to select future representative for protection of their interests in the field of intellectual property.

“Mikhailyuk, Sorokolat & Partners” carried out numerous consultations and thereby made another noteworthy presentation of the company before the current and future clients as the one, offering top quality intellectual property protection not only in Russia but also abroad.


December 1, 2009
The draft law “On introducing amendments in certain legislative acts on intellectual property” in Ukraine


The State Department of Intellectual Property has prepared and submitted to the Cabinet of Ministers of Ukraine a draft law “On introducing amendments in certain legislative acts on intellectual property”.

There are certain discrepancies in the field of intellectual property protection between the Ukrainian and the European Union legislation acts, which should be eliminated in view of the fact that Ukraine intends to enter the European Union.

Besides, there is a necessity to take into consideration the changes in the intellectual property legislation, which recently have taken place in the international law, and to bring the Ukrainian intellectual property legislation in correspondence with the international agreements, which have been signed by Ukraine.

The present draft law stipulates the introduction of amendments into five Ukrainian laws on intellectual property. Among them is the Law of Ukraine “On protection of rights for inventions and utility models”. In the coarse of preparing amendments to this law the Directive 98/44/EU of the European Parliament and the Council of Europe dated July 6, 1998 on legal protection of biotechnological inventions were taken into account, namely in respect of defining the objects of biotechnology which are not legally protected etc.

The draft law also stipulates other regulations of the Directive concerning peculiarities of legal protection of biotechnological inventions and their use, namely in respect of cross-licensing (the obligation of the owner of a patent for invention, which relates to a plant variety or a breed of animal, to grant a license for use of the invention to the owner of a plant variety or a breed of animal and vice versa).

In the coarse of preparing amendments to the Law of Ukraine “On protection of rights for industrial designs” the Directive 98/71/EU of the European Parliament and the Council of Europe dated October 13, 1998 on the legal protection of industrial designs were taken into consideration, as well as the norms of the Rules of the Council (EU) No. 6/2002 dated December 12, 2001 “On industrial design of the Community”, namely concerning the definition of such terms as “a product”, “a composed product”, “a normal use of a product”, “originality”, “identity of industrial designs”, “informed user” etc. In addition, a new requirement of patentability - "originality" - has been introduced for industrial design, besides novelty.

Another amendment to the Law of Ukraine “On protection of rights for industrial designs” has been introduced according to the Geneva Act of the Hague Agreement. It relates to the possibility of filing a multiple application, which may include up to 100 industrial designs on condition that the products, in which the industrial designs will be used, refer to one class of products according to the International classification of industrial designs. The draft law also stipulates a new definition of the industrial design.

Additionally, the draft law stipulates the possibility of filing an appeal to the Board of Appeals against the decision on the industrial design application (within two months from the date of receipt of the decision) not only by the applicant but also by a person who filed an appeal against this application. In this case the examination of the application is suspended till the end of the term, stipulated for filing an appeal against a decision.

The draft law of Ukraine “On introducing amendments into certain legislative acts on intellectual property” stipulates a number of general principles, which are very important for all current laws in the field of intellectual property protection. For example, the applications for objects of industrial property can be filed in both paper and electronic forms. The filing method may be chosen by the applicant.

The documents, which are received or forwarded by the examination authority may contain an electronic signature. The documents confirming payment of the official fees will not be required, the examination authority will check itself the payment of a corresponding fee.

The draft law also stipulates the access to the data about present-day decisions of the Board of Appeals in the prescribed scope and order.

At the present moment the draft law “On introducing amendments in certain legislative acts on intellectual property” has been approved by the Cabinet of Ministers of Ukraine and was passed to the Verkhovna Rada of Ukraine (the registration number is 5015).


November 18, 2009
International system of design registration is simplified


On September 24, 2009 Member states of the World Intellectual Property Organisation agreed to simplify the international design registration system by suspending the earliest of the three Acts that regulate the Hague Agreement concerning the International Deposit of Industrial Designs. This decision will reduce the complexity of the Treaty that offers the possibility to obtain protection of a design in several countries by filing one single application in one language with one set of fees in one currency - Swiss francs.

The Hague Agreement concerning the International Deposit of Industrial Designs of November 1925 consists of three different Acts, namely the London Act of 1934, the Hague Act of 1960 and the Geneva Act of 1999. The 15 signatories of the obsolete 1934 London Act have taken a decision to freeze that Act from January 1, 2010.

The decision of suspending the London Act of 1934 will focus greater attention on the 1999 Geneva Act which improves the existing system by making it more compatible with registration systems in those countries where protection of designs depends on examination determining the compliance of the designs with the adopted regulations. The Geneva Act also introduces a changed fee system and the possibility of deferring publication of a design for up to 30 months. As far as the Geneva Act also introduces the possibility to file not only photographs or graphic reproductions of the design, but also to file design samples, for instance, such as cloth, this decision should be of a particular interest to textile and fashion industries.

The Hague Union Assembly is going to amend the Common Regulations under the Hague Agreement with the aim of reflecting this decision.


October 30, 2009
The new Regulations on procedure of filing and examining of an invention application and granting of a patent in Moldova


The decree of the Council of Ministers of the Republic of Belarus ¹ 1152 of September 8, 2009 “About the approval of the list of plant varieties subject to pThe Resolution of the Government of Moldova No. 528 on approval of the Regulations on procedure for filing and examining an invention application and granting of a patent became valid on September 8, 2009.

The Regulations establish the procedure for filing a patent application for invention and a short-term patent, rules applied to application documents, rules for examination of applications, the procedure of filing international applications and Eurasian applications, as well as rules for transforming of applications, representation, introduction of amendments, extension of terms, restoration of rights etc.

One of the major changes in the Moldavian patent legislation in this field is a short-term patent, which was introduced instead of utility model patent upon validation of the new Patent Law of Moldova in 2008. The short-term patent is granted for an invention that is novel, has the inventive step and the industrial applicability. In contrast to the patent application for invention, the application for a short-term patent does not have to undergo the substantive examination and the requirements for inventive step are less strict. The validity term of the short-term patent is 6 years from the date of filing the application (with the possibility of extension for 4 additional years). The application for the short-term patent is published together with the publication of the decision to grant the patent.

The Regulations stipulate the examination procedure of granting a short-term patent as well as the procedures executed after grant of the patent: keeping a patent valid, termination and cancellation of the patent, abandonment of patent etc.

In addition, the Regulations stipulate the principles of registration of international applications according to PCT procedure, filed to AGEPI as a receiving Patent Office, and its transfer to WIPO and to the International Searching Authority.


October 19, 2009
The list of plant varieties subject to protection in accordance with the law of the Republic of Belarus “About the patents for the plant varieties” has been approved


The decree of the Council of Ministers of the Republic of Belarus ¹ 1152 of September 8, 2009 “About the approval of the list of plant varieties subject to protection in accordance with the law of the Republic of Belarus “About the patents for the plant varieties” came into force on September 17, 2009.

According to the approved list, at present in the Republic of Belarus the legal protection is provided for 78 plant varieties. Specifically, the list is complemented with 41 new plant varieties. For instance, among the new plant varieties are durum wheat, corn, soya, timothy grass, gourd, vegetable marrow, dill, lettuce, garlic, kohlrabi cabbage, cauliflower, gladiolus, lily, rose at al. Moreover, the titles of some plant varieties protected by the law have been given more precise definitions in the newly approved plant varieties list.


October 14, 2009
The new Regulations on procedure for filing, examination and registration of trademarks came into force in Moldova


The Resolution of the Government of Moldova No. 488 about approval of the new Regulations on procedure for filing, examination and registration of trademarks was published on August 21, 2009 in “Monitorul Oficial”.

The Regulations stipulate the procedure for filing an application for registration of trademarks and service marks and filling in an application form, the rules, which are applied for documents accompanying the application, the rules for examining an application, appeals of third parties, requirements for registration of trademarks, renewal and rejection of the trademarks.

An innovation in the IP national legislation of Moldova is the possibility of filing an objection against the registration of a trademark by the owner of an earlier trademark, by the owner of earlier acquired right for image or name and by the owner of a geographical indication, appellation of origin, protected industrial design or copyright.

The objection may be filed within 3 months from the publication date of an application or from the date of publication of changes in an application for trademark registration, if the changes are related to reproduction of a trademark or to a list of goods and/or services.

The publication of an application is carried out after the formal examination is finished (within one month from the filing date). During this examination the compliance of an application with filing requirements is verified.

In general, the validated Regulations stipulate certain formalities and procedures, which should be observed by an applicant in order to obtain a protective document, the mentioned procedures are based on provisions of international treaties.


October 13, 2009
New revision of Regulations for compiling, execution and examination of industrial design applications in Kazakhstan


The order “On approval of Regulations for compilation, execution and examination of industrial design applications” was signed on August 6, 2009.

The items 1-3 of the Article 29 of the Regulation are of the particular importance for development of the patent system in the area of industrial designs. Namely, they stipulate that the applicant have the possibility to obtain protection for design solution of printed products, such as labels, banners, business cards, packages, tickets, forms, all kinds of paper, record books, booklets, magazines, notebooks, book covers, posters, loose leaves, newspapers, gravures, envelopes, postcards, calendars, exercise books etc.

In most cases applications for the above-mentioned solutions were not filed or the decisions about refusal were issued in view of absence of criterion for relating the claimed objects to design solutions of printed products, which are not printed products per se.

In general, the changes introduced to the Regulations are aimed at elimination of contradictions, deficiencies and collisions between regulatory legal acts in the field of protection of industrial designs.


August 31, 2009
Amendments to the Statutes of Fees in Kazakstan and Tajikistan


The percentage of the discount applicable for the applicants from countries with a low per capita national income has been changed in Kazakstan since May 29, 2009.

From now on instead of a 95 per cent discount on the Official Fees the above-mentioned applicants being natural persons will have a discount on the Official Fees in the amount of 85 per cent.

As for the applicants being legal persons their discount decreased from 90 per cent to 70 per cent.

On the contrary, the per capita national income indicator incresed from 3000 USD to 5000 USD.


Besides, on July 1, 2009 the amendment to the official fees also took place in Tajikstan. Based on the minimum wage in the Republic of Tajikistan on the date of July 1, 2009 the Tajik government has introduced the new ratio of 35 on prosedural patent fees instead of the earlier ratio of 25.


August 24, 2009
The Law of Republic of Belarus «On the Introduction of Amendments to the Law of Republic of Belarus «On Trade-marks and Service Marks»


The Law of Republic of Belarus «On the Introduction of Amendments to the Law of Republic of Belarus «On Trademarks and Service Marks» was approved on July 15, 2009. The mentioned document contains the following main amendments:

1. Any organisation (either legal or not) or individual can apply for registration of the trademark (service mark) in Belarus.

2. The grounds for refusal in registration of the trademark were broadened, namely the following trademarks cannot be registered:

- the trademarks which are identical or confusingly similar to the Appellation of origin of goods in respect to any goods or services (it can be included in the trademark as a non-protected element in case the trademark was applied in the name of the holder of the Appellation of origin of goods and for the same goods/services);
- the trademarks which are identical or confusingly similar to the company names.

3. Any person can apply for reviewing of the application materials.

4. The period of filing the Appeal to the Board of Appeal concerning the decision of the Examination was extended from three months to one year. The period of examination of Appeal at the Board of Appeal has been changed from four months to one month.

5. The section “well-known trademarks” was added. It defines the notion of a “well-known trademark” and proceedings of declaration of protection of well-known trademarks in Belarus.

6. The registration of the non-renewed trademark in the name of the other person is possible only in six months from the date of expiration of the validity term of registration. Although it is possible within the mentioned six months on condition of providing the consent of the former holder.

7. The ways of the trademark use were broaden to using of the trademark on the goods, labels, packing, in the Internet (including domain names), in documentation, during providing of services. It is also determined to be acceptable to use a slightly changed mark if it does not effect its distinctiveness and does not limit the provided legal protection.

8. Non-use period of the trademark was restricted from five to three years.

9. The pledge of the trademark rights is provided.

10. The term «infringing goods» was determined. It was also mentioned that the infringing goods are destructed at the expense of the offender.

The Law comes into effect on January 25, 2010.


July 15, 2009
On May 14, 2009 Estonia ratified the Singapore Treaty on the Law of Trademarks


On May 14, 2009 Estonia ratified the Singapore Treaty on the Law of Trademarks, adopted in Singapore on March 27, 2006 together with Spain and Poland.

Here are the main features of the Treaty:

The Singapore Treaty on the Law of Trademarks adopted in Singapore on March 27, 2006 became valid on March 16, 2009, following the ratification or accession of ten countries, namely Singapore, Switzerland, Bulgaria, Romania, Denmark, Latvia, Kyrgyzstan, United States of America, Republic of Moldova, and Australia. The Treaty establishes common standards for procedural aspects of trademark registration and licensing and enables owners of trademarks and national trademark authorities to take advantage of efficiencies in using modern communications technologies to process and manage evolving trademark rights.

According to the information published on the WIPO web site, the Treaty will become valid in Estonia on August 14, 2009.


June 5, 2009
The INTA 131st annual meeting took place in the USA in May 2009


INTA USA

The International Trademark Association (INTA) 131st annual meeting took place in Seattle, WA, USA in May 16-20, 2009.

The professionals of our company visited the event aiming to meet our valued clients and colleagues, to exchange the thoughts and ideas and once again to experience the exciting INTA atmosphere.

This year our company among other specialized companies and institutions once again took part in the INTA exhibition presenting our company and our work, welcoming the guests with our traditional hospitality. “The idea is inside” was the slogan of this year concept presenting the traditional element of our region – Matryoshka doll – as the unique technique decision containing “the idea inside”, this concept being very similar to IP work with each object backgrounded by the idea.

We would like to express our gratitude to all of you who managed to visit our booth and hope that this year exposition was interesting and useful for all our visitors!


June 1, 2009
As from July 1, 2009 obligatory GMO marking will appear on food products in Ukraine

According to the Cabinet's decree of May 13, 2009 the food products containing genetically modified organisms (GMO) are to be marked beginning from July 1, 2009.

According to the Cabinet of Minister's decree approving the Food Products Labeling Regulations, the products containing genetically modified organisms or produced using the GMO are to be marked correspondingly. It relates to the food products with concentration of the GMO in the amount of more than 0,1 percent.

The decree will become valid on July 1, 2009.


June 1, 2009
Lithuania accedes to the London Agreement

On January 22, 2009 the Republic of Lithuania acceded to the London Agreement of October 17, 2000. The Agreement entered into force for Lithuania as 15th contracting state on May 1, 2009.

Here are the main features of the Agreements:

The London Agreement, formally the Agreement on the application of Article 65 of the Convention on the Grant of European Patents and sometimes referred to as the London Protocol, is a patent law agreement concluded in London on October, 17 2000 and aimed at reducing the translation costs of European patents granted under the European Patent Convention. The London Agreement is an optional agreement between member states of the European Patent Organisation.

However, the London Agreement will have no effect on the existing translation requirements in Lithuania because the relevant provisions have already been transposed into domestic law and form the basis for the national practice.

Lithuania does not require proprietors of European patents to supply a translation of the patent specification, irrespective of the language in which the Office granted the patent. However, a translation of the claims into Lithuanian is required.


June 1, 2009
The Russian Federation accedes to the Patent Law Treaty

On February 9, 2009, the head of the Russian Federation Government signed the decree of the Russian Federation accedence to the Patent Law Treaty (PLT), adopted by the Diplomatic Convention on June 1, 2000 in Geneva.

The Patent Law Treaty is intended to harmonise and streamline, on a worldwide basis, formal patent procedures relating to national and regional patent applications and maintenance of patents.

At present, inventors seeking patent protection must follow certain rules varying from country to country. The treaty will simplify the rules and make them the same in all participating countries.

The Agreement was adopted with amendment to Article 6 (1). “According to the Article 23 of the Patent Law Treaty, the Russian Federation declares that the provisions of Article 6 (1) shall not apply to any requirement relating to unity of invention applicable under the Patent Cooperation Treaty to an international application.”

According to the information published on the WIPO web site, the Patent Law Treaty will become valid in Russia on August 12, 2009.


May 14, 2009
Ukraine accedes to Locarno, Strasbourg and Vienna Agreements

According to the Laws ¹ 683-VI and ¹ 684-VI adopted on December 17, 2008 and to the Law ¹ 1000-VI adopted on February 18, 2009 Ukraine acceded to the Strasbourg, the Locarno and the Vienna Agreement respectively.

The prior purpose of the agreements lies in protection of inventions, designs and trademarks as IP objects from illegal use.

According to the information published on the WIPO web site, the Locarno, the Strasbourg and the Vienna Agreements will become valid on July 7, 2009, April 7, 2010 and July 29, 2009 respectively.

Here are the main features of the Agreements:

The Strasbourg Agreement concerning the International Patent Classification was concluded in 1971. The Strasbourg Agreement establishes the International Patent Classification (IPC), which divides technology into 8 sections with approximately 70,000 subdivisions. Each of these subdivisions has a symbol which is allotted by the national or regional industrial property office that publishes the patent document.

The Locarno Agreement establishing the International Classification for Industrial Designs was concluded in 1968. The Locarno Agreement establishes the classification for industrial designs which consists of 32 classes and 223 subclasses based on different types of products. It also comprises an alphabetical list of goods with an indication of the classes and subclasses into which these goods fall. The list contains approximately 6,600 indications of different kinds of goods.

The Vienna Agreement establishing an International Classification of the Figurative Elements of Marks was concluded in 1973. The Vienna Agreement establishes a classification system for marks that consist of or contain figurative elements. The classification comprises 29 categories, 144 divisions and approximately 1,887 sections in which the figurative elements of marks are classified.

Classifications are indispensable for the retrieval of patent documents in the search for “prior art”. Such retrieval is needed by patent-issuing authorities, potential inventors, research and development units, and other concerned with the application or development of technology.


March 18, 2009
“KG” National Domain transfer to the Kyrgyz Patent Office

“The decree on the National System of Domain Names ” signed by Kyrgyz President Kurmanbek Bakiev on April 7, 2009 authorises the Kyrgyz Intellectual Property Office to administer the national domain name “KG”.

Prior to the decree, the domains were administered by a private company AsiaInfo and thus were out of control by the Kyrgyz government. As a result the number of existing Kyrgyz web sites has been very few due to monopoly and the domain names registration being overpriced.

According to the decree, the Kyrgyz government should present within a month the administration transference action plan and to prepare the corresponding regulatory and legal basis.

The decree is expected to enter into force on the day of its publication in the Official Gazette.



March 18, 2009
New Federal Law “On patent attorneys” in the Russian Federation

The Federal Law “On patent attorneys” became valid on April 1, 2009. The Law regulates the relations connected with the activity of patent attorneys on the territory of the Russian Federation, defines their rights and obligations, stipulates the registration and certification procedure and determines the liability of patent attorneys. Here are the major issues:

• The patent attorneys should be permanent residents of the Russian Federation and have at least four years of professional experience;

• They should be registered in the Register of Patent Attorneys of the Russian Federation and have an appropriate certificate;

• The Law allows patent attorneys to form public unions and self-regulated organizations;

• Civil and municipal employees, working under jurisdiction of the Federal Institute of Intellectual Property cannot be   registered as patent attorneys;

• The new legally registered sphere of specialization of patent attorneys are computer programs, databases and integrated circuits topologies;

• If a patent attorney violates the law of the Russian Federation by infringing the rights of the client he represents, the client may appeal to the Board of Appeals with the recommendation to file a lawsuit to the court in order suspend the activity of the patent attorney for a period up to one year or to remove him from the Register of Patent Attorneys for three years with the possibility of subsequent reinstatement.

Besides, the requirement for patent firms to have at least two patent attorneys in staff, stipulated in the first reading of this law, was cancelled. This requirement could have lead to the advantage of big patent firms over the small ones, having only one patent attorney in staff, i.e. to takeovers of small businesses by bigger companies, monopolization of the market and price increase for services for the legal protection of objects of intellectual property.


March 18, 2009
Belarus Adopts New Regulations concerning License, Assignment, Mortgage and Franchise Agreements

On March 21, 2009 the Belarusian Council of Ministers adopted new Regulations for the registration of license, assignment and mortgage agreements on industrial property objects and franchise agreements.

• The purpose of these regulations is to develop and rationalize the legal control over the registration procedure of license, assignment and mortgage agreements on industrial property objects and franchise agreements.

• The new regulations contain a list of agreements that must be registered with the patent authorities, including license, assignment and mortgage agreements on inventions, utility models, industrial designs, plant varieties, integrated circuit topographies, trade- and service marks. The regulations are also applied to franchise agreements and license agreements granting rights to use “know-how” relating to a product or its production in any field of the art.

• The new regulations determine registration deadlines, documents necessary for registration and include the provisions for the registration of license and other kinds of agreements relating to the rights assignment on intellectual property objects, protected by the Eurasian Patent Convention, the Madrid Agreement, and the Madrid Protocol.

• The new regulations will replace the previous one, adopted on May 22, 2003, and will become valid after their official publication.


March 18, 2009
The procedure for obtaining a patent and a certificate of authorship for plant varieties has been changed

The Ministry of agrarian policy introduced amendments to the Regulations for state register of plant variety owners rights and the Regulations on granting Ukrainian patents for plant varieties. This register has been renamed as the State register of intellectual property rights for plant varieties. The register will now be stored electronically and in a paper form.

Here are some major issues:

1. A patent will be granted only to the person indicated in the patent application first, unless otherwise is specified in the agreement between the applicants. Other applicants may receive a certified copy of the patent by filing the request and payment of a corresponding fee. 2. In case the patent is lost the owner will receive a certified copy and not a duplicate.

Besides, the Ministry of agrarian policy introduced amendments to the Regulations on certificate of authorship to a variety of plants.

The most major amendments are:

1. Now only a physical person who bred or discovered and improved a variety can be acknowledged as a plant breeder.

2. The certificate will be granted to a plant breeder upon his request within one month from the date of a plant variety state registration, and not from the date of filing the document confirming the payment of registration fee with the Ukrainian Plant Varieties Patent Office.

Both decrees became valid on December 13, 2008.



March 17, 2009
The new Administrative regulations were registered in the Department of Justice of the Russian Federation on February 20, 2009

The decree of 29.10.2008 No. 327 adopted by the Ministry of Education and Science of the Russian Federation “On ratification of administrative regulations for execution by the Federal service for intellectual property, patents and trademarks the state function on organization of accepting and prosecution of invention applications, examination and granting in accordance with established order the patents of the Russian Federation for invention” was registered in the Department of Justice of the Russian Federation on February 20, 2009.

The Administrative regulations will become valid on the expiry of 10 days from the date of the official publication thereof, which is expected soon.



March 17, 2009
The ninth edition of the International Classification for Industrial Designs (ICID-9)

Since the 1st of January, 2009 the new ninth edition of the International Classification for Industrial Designs (ICID-9) has become valid.

According to the decree ¹ 232 of the State Department of Intellectual Property (hereinafter - the State Department) dated 20.10.2008, industrial designs, indicated in the applications, filed after the 1st of January, 2009, are subjected in Ukraine to the classification according to ICID-9.

An electronic version of ICID-9 has been created, the version is available in the electronic form on the State Department web portal and on the web site of the Ukrainian institute of industrial property as an information referral system (IRS) “International Classification for Industrial Designs (the Locarno Classification). the ninth edition”.



February 05, 2009
The rate and the type of currency for payment of annual taxes for maintenance of Eurasian patents in the territory of Turkmenistan

As a result of denomination of national currency in Turkmenistan on January 1, 2009, 5000 manats of old design are equated to 1 manat of new design.

Now for estimation of the official fees the base value of 50 manats of new design is used instead of minimal rate for labor payment.



January 29, 2009
Practice of the use of IP Legislation by Civil Courts of Ukraine

On December 25, 2008 the Supreme Civil Court of Ukraine issued an Overview in respect of the Practice of the use of IP Legislation by Civil Courts. The Overview also contains the following statement: “By invalidation of the Recommendation of the State Authority to register the medicine preparation, the Patent owner may prevent illegal use of the inventions, that are protected by the Ukrainian patents owned by the claimant”. So in this specific case the obtainment of the Recommendation of the State Authority to register the medicine preparation (Regulatory approval) by the respondent should be considered by the Civil Court as potential misuse of the patented invention(s).

The Court decision mentioned in the said overview is the first precedent invalidating the Recommendation of the State Authority to register the preparation. However, this Overview is rather advisory than obligatory for the Court.



January 7, 2009
In the Russian Federation new Regulations stipulating the official fees related to the intellectual property objects have been ratified on December 12, 2008

Highlights of the new law:

- for non-residents the official fees related to patenting are now fixed in Russian roubles, whereas earlier a certain part of them was fixed in US dollars;

- a 50% discount is stipulated for a natural person, who is simultaneously the only author of an invention, utility model and industrial design;

- a 75% discount is stipulated for an applicant, non-resident of the Russian Federation, who resides on the territory of a country – contracting party to Paris convention – wherein GDP is 3000 USD or less;

- additional items (variants) may be added to a list of the essential features of an industrial design on the initiative of the applicant after filing the industrial design application.

- the payment of fees for each year of patent validity (patent certificate) and submission of a document which confirms the payment of the corresponding fee should be done within the previous year or within 2 months from the date of receipt of the Decision to grant patent by the applicant (but not later than 4 months from the date of Decision issue) in case this term matures later.

This term for fee payment may be additionally extended by 6 months from the date of expiry of the term stated in the first paragraph provided that the fee in an amount increased by 50% is paid.

Fee for maintenance of a patent for a year, following the year when the request for restoration of the patent validity has been filed, should be paid within the same term as a fee for restoration of the patent validity. The document confirming the payment of this fee is submitted together with the Request.



January 6, 2009
New Turkmenistan Law on Patents and Industrial Designs dated October 23, 2008

The new law on Intellectual Property (IP) protection in Turkmenistan has been published and is now in effect.

Here are some important issues of the new law:

- trademark protection will be granted not from the date of a trademark application registration, but from its filing date;

- holders of limited patents and patents for medical products, agrochemicals and pesticides can file a request for an additional five years of protection after expiration of the 10-year term;

- in order to obtain a patent valid for 20 years, a substantial examination establishing absolute novelty is required.

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