Reforming Ukraine’s Intellectual Property Protection System

reformingIn the light of introduced amendments to the Law of Ukraine “On Judicial System and Status of Judges” which provides for establishment of the Supreme Court on Intellectual Property as the court of primary jurisdiction, provisions of the Concept for Reforming the State System of Intellectual Property Protection in Ukraine, Strategy for Sustainable Development “Ukraine 2020” and EU-Ukraine Association Agreement, Ukraine faced with an urgent need to reform its intellectual property protection system. 

To accomplish defined goals and objectives, the Ministry of Economic Development and Trade of Ukraine, the Scientific and Research Institute of Intellectual Property and the National Academy of Legal Sciences of Ukraine have jointly drafted the Bill “On National System of Intellectual Property Protection in Ukraine.”

The draft bill makes provisions for development and implementation of national policy in the field of intellectual property, creation of favorable conditions for development of intellectual, artistic, as well as scientific and technical potential of the nation, encouraging the use of intellectual property in innovative activities, promoting respect for intellectual property and meeting the needs of society and the state regarding development of innovation-based economy.

The reform will include establishment of the National Council on Intellectual Property of Ukraine at the premises of the State-Owned Company “Ukrainian Institute of Intellectual Property” – Ukrpatent – and the State Intellectual Property Service of Ukraine. The newly-formed institution will be subject to the Ministry of Economic Development and Trade of Ukraine. 

In addition, this document provides for encouragement of the use of intellectual property by the state through introduction of special tax treatments and insurance of activities carried out by the innovative companies, and also provision of easy-term loans to holders of intellectual property rights.

For the time being, the draft bill is under discussion.