Introduction of administrative appeal against industrial designs and utility models considered


During a recent roundtable organised by the Ukrainian Intellectual Property Office in Kiev, the majority of attendees - mostly IP practitioners - supported the idea of legislative changes that would introduce an administrative appeal procedure against registered industrial designs and utility models.

In Ukraine, there is no substantive examination for industrial design and utility model applications. This encourages copying and the registration of identical or similar designs and utility models, mostly as an act of bad faith. To make matters worse, registered industrial designs and utility models are recorded in the customs register of IP rights, thus hampering the movement of goods across the border.

At present, the Ukrainian Intellectual Property Office only has a brief outline of the future system, but the main idea is to place the Intellectual Property Office's board in charge of considering such appeals, organising substantive examinations and making decisions on the invalidation of IP rights.

Interested parties will be able to appeal the board’s decisions to the courts, but the Intellectual Property Office is aiming to make the procedure faster, as well as less time and money consuming, compared to the judicial invalidation procedure that is currently available.

It is expected that the draft laws containing these amendments will be completed and published in July or August 2015.

Yuriy Karlash, PETOŠEVIĆ, Kiev

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