UBA Resolution Following the IP UKRAINE NOW 2021 Conference

2021-11-09

KYIV - November 09, 2021. On October 29, 2021, the Ukrainian Bar Association held the IP UKRAINE NOW 2021 Conference for the fifth time, which was attended by representatives of the legislative, executive, judicial branches, bar associations, business, the public, as well as international experts.

At the event opening, Oleksandr Mamunya, Chair of the UBA Committee on Intellectual Property, partner at MAMUNYA IP, patent attorney of Ukraine, stressed: “Following the Conference, we will prepare a draft resolution to send to government agencies and other organizations involved in the process of change in the field of IP." Thus, based on the results of the professional discussion, the UBA has prepared a resolution containing several topical issues that need to be addressed, in particular:

1. Launch and effective operation of the High Court of Intellectual Property (HCIP). Currently, the lack of this specialized court has led to different case-law in similar cases on the protection of intellectual property.

“Further postponement of the IP court will prove our unwillingness to implement the requirements of our legislation and unwillingness to make progress in the field of protection of intellectual property rights as an element of integration into the international community with its high standards in this area. Further delays in the launch of the IP-court may nullify the work done on the organization of tender procedures and waste significant budget funds that have already been spent for these purposes, the UBA statement reads.

2. Carrying out competitive selection for the position of the head of the National Intellectual Property Authority (NIPA) and approval of amendments to the NIPA Statute.

3. The need to amend legislation relating to the regulation of unfair competition.

4. Changes in the system of protection of intellectual property rights by customs authorities during customs clearance of goods.

The UBA calls for the further development of a risk analysis system that may indicate the movement of counterfeit or forged goods across the customs border of Ukraine. And also to make changes in the legislation and to provide the best guarantees of protection of procedural rights of right holders during court consideration of cases on the movement of the goods across the customs border of Ukraine with infringement of the intellectual property rights.

“As for the positive result of the application of border measures, the main measure of the effectiveness of customs should be the scale (quantity and cost) of suspended counterfeit goods and the fact of their destruction, – the statement reads.

5. Implementation in the national legislation of the best practices of other countries in the field of the intellectual property law institute.

The full text of the appeal is available by the link.

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