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The UBA Committee Provided Proposals to Improve IP legislation

2021-02-25

KYIV - February 25, 2021. The UBA Committee on Intellectual Property addressed Oleksandr Romanyshyn, Deputy Minister of Development of Trade, Agriculture and Agriculture of Ukraine, and Andriy Demchuk, Director of the MDET Intellectual Property Development Department, with a request to finalize the MDET Draft Order “On Approval of Rules of Procedure”.

The relevant document was published on the MDET website on January 26. After a detailed analysis, the Committee's experts drew attention to a number of significant gaps and provided suggestions for addressing them. Namely, these are the following:

1. Risks of violation of the principles of openness and transparency of the Appellate Chamber.

The lawyers emphasized that the document does not contain norms that ensure compliance with these principles:

“...This is an alarming and inadmissible signal of a return to totalitarian approaches to the organization of state bodies.”

2. Formation of the Appeals Chamber

Experts noted that the proposed approach would lead to closed and non-transparent formation of the Chamber. According to them, it contradicts European practice and the principle of independence.

The lawyers' attention was also drawn to the proposal to include only Ukrpatent employees in the Appeals Chamber.

“Given that all the conclusions of Ukrpatent on the results of the examination are always agreed with the heads of relevant departments, the inclusion of these persons in the Appeals Chamber is contrary to the principle of independence, leads to a decision in a clear conflict of interest," – the statement reads.

At the same time, the Committee's experts supported the position on the formation of the Appeals Chamber as a structural subdivision of Ukrpatent. According to them, this will meet the requirements of relevant laws on the independence of the body.

Regarding the proposal to elect the chair of the chamber and deputies by secret ballot by a majority vote, lawyers noted: the question arises as to who will nominate candidates for election.

"To ensure independent voting, it is necessary to introduce a rating vote for each member of the Appeals Chamber for the position of a chair, with the election of the candidate who receives the majority of votes, and the repetition of such votes for each of the deputies," they said.

Finally, the experts drew attention to the need to ensure the possibility of terminating the powers of a member of the Appeals Chamber to prevent corruption risks.

3. General remarks.

The full text of the appeal can be found at the link (in Ukrainian).

More about the proposals and justification – click here.

The relevant document was published on the MDET website on January 26. After a detailed analysis, the Committee's experts drew attention to a number of significant gaps and provided suggestions for addressing them.

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