Ukrainian intellectuals in EU


There is no secret that Ukraine is directed to join European Union. We have signed the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. It has been said a lot about the changes that would happen in the sphere of Intellectual Property: in the domain of geographical indications (and it gives a jab to our state Registrar who has not managed to develop the popularity of Ukrainian geographical indications), new methods will be implemented to examination of industrial designs (that should limit or at least troubled the activity of trolls and frauds who are in the pink now), prolongation of non-use term, etc.

 I would like just to put light on one tiny change that may not be identified at once. The Agreement in the part that deals with the IP sphere presupposes that the database of the filed applications on the TMs should be opened then and full and free accesses will be granted to each seeker. We deemed this innovation to be positive; it will decrease time and money expanses; so the manufacturers will be able to estimate current market situation without extra costs and efforts as they will exclude all the designations that are already registered or tend to be registered soon. It also eases the monitoring of the bad faith registrations and allows filing oppositions against such registration timely and protecting one’s bona fide registrations. But the tricky thing is that the State Intellectual Property Office then decreasing its income as it used to be its service to conduct full searches and on their base formulate reports. However, the newly discovered tweak sows the seeds of doubt whether such innovations will be adopted by Ukrainian Registrar as soon as it expected to be…

Tatyana Sardelli

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