Basic provisions of the law on the protection
of rights in inventions and utility models.
Rights deriving from a patent
The rights deriving from a patent have
effect as from the date of publication of the data on the grant of the
patent, subject to payment of the annual fees for
maintaining the patent.
A patent affords its owner the exclusive
right to exploit his invention (utility model) at his own discretion, insofar
as such exploitation does not prejudice the rights of other patent owners.
Where more than one person is the owner
of the same patent, their relationship with regard to the exploitation
of the invention (utility model) which is the subject of the patent must
be determined by common accord. Failing such agreement, each patent owner
may exploit the invention (utility model) at his own discretion, but none
of them is entitled to give authorization (or grant a license) for the
exploitation of the invention (utility model) nor assign property in the
invention (utility model) to others without the consent of the other owners
of the patent.
A patent affords its owner the right to
prohibit others from exploiting his invention (utility model) without his
authorization, except where such exploitation is not held to infringe the
rights of the patent owner.
A patent owner may assign by contract
property in his invention (utility model) to any person, who then becomes
his successor in title.
A patent owner has the right to give authorization
(or grant a license) to any person to exploit the invention (utility model)
under a licensing contract.
A contract assigning property in an invention
(utility model) and a licensing contract is deemed valid if concluded in
writing and signed by the parties. It may not be invoked against others
until it has been registered with the State Patent Office of Ukraine.
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