General Information

Acts of the Effective Legislation:

Civil Code of Ukraine of 16.01.2003, chapter 49.

Commercial Code of Ukraine of 16.01.2003, article 156.

Law of Ukranine “On Protection of Rights to Industrial Designs” of 15.12.1993

The Decree of the Ministry of Education and Culture “On the Enactement of Rules of the Compilation and Submitting of Claim on Industrial Design” of 18.02.2002

Full List of Current Legislation

Definition Industrial Design – means the result of a creative activity of a man in the field of artistic designing. Thus, the design is the decorative appearance, design of a certain product. The industrial design is aimed at creating the specific, individual appearance of the product. This might “dress up” a product in the eyes of potential buyer and and consiquently, cause the growth of the product’s sales.

Title of Protection: The Patent on Industrial Design

Term of Protection: 10 years starting from the date of filing of the claim , with possible extension for another 5 years. However, the rights that derive from the patent, are valid fromthe date of publication of the patent information (i.e. from tha date of issue of the patent).

The Scope of Exclusive Rights of the Owner is defined by means of essential features of the design, presented on its image (images). Herein, the interpretation of features shall be carried out within the scope of the design’s description given in the claim’s documents.

Patentability RequirementsNovelty – the industrial design is considered as new if the combination of its essential features has not become well known in the world prior to the date of the patent application.

Rights of the Owner of Industrial Design:

1) Right on design’s exploitation at the discretion of the right owner;

2) Exclusive right to permit the design’s exploitation;

3) Exclusive right to prevent the unlawful design’s exploitation, including the right to forbid such an exploitation;

4) Other intellectual property rights as stipulated by the laws.

Herein, the exploitation of the design includes:

• the production of goods with the use of the patented design;
• use/application of such a goods;
• use of the design in business documentation, advertisement, in Internet, including the domain names;
• use with regard to any offer for sale, also in Internet;
• sales, import and other introduction in commercial activities of goods with the design, and/or storage of the respective goods for the purposes mentioned above.

The product is considered as produced with application of the design when all the essential features of the design, have been applied.