Discussing a draft of the Law of Ukraine ŤOn protection of rights to trademarks, geographical indications and commercial namesť

08.08.2005

The draft was created and put for discussion by the State department of intellectual property.

The fundamental innovation of the draft is joining provisions, which regulate issues of three intellectual property objects - trademarks, geographical indications and commercial names, into single legal act. At the present time rights in the pointed objects are regulated by separate legal acts.

The main provisions of the draft are adjusted with provisions of Civil and Commercial code adopted in 2003. Nevertheless, the draft provides amendments in some articles of the Codes. It refers, for example, to required registration of license agreements concerning intellectual property objects (the existing provisions of Civil Code determine, that state registration of such agreements is not obligatory).

It is also important to say, that there are a lot of new definitions of already existing conceptions in the draft.

Thus, in the opinion of our associates, the draft demands serious rework by legislators, with a goal to:

  • create maximum protection for owners of rights in intellectual property objects;
  • bring to minimum possible infringements, that can appear in connection with uncertainty of law provisions.