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Basic provisions of the law on the protection of rights in industrial designs The relationships deriving from the acquisition and exploitation of property rights in industrial designs in Ukraine are governed by the Law of Ukraine “On the Protection of Rights in Industrial Designs”. Nationals of foreign countries, foreign legal entities, and other persons having their place of residence or permanent stay outside Ukraine must exercise their rights before the State Patent Office of Ukraine through intellectual property representatives (patent agents).
An application means the set of documents required for granting a patent. An application must contain a request for grant of a patent, a set of photographs of the article in which the industrial design is to be incorporated (or a model or drawing of the article) giving an overall idea of its external appearance, a description of the industrial design, a drawing, a diagram or a plan (where necessary) and the documents to be annexed to the application. An application must be drawn up in compliance with the “Rules for Drawing up and Filing an Application for an Industrial Design”. An application must be drawn up in the Ukrainian language and relate to one industrial design only, but may include its variants (rule of unity). The variants of an industrial design may comprise the external appearance of the articles relating to the same functional group, to the same class of the International Classification of Industrial Designs, which are similar in the totality of their features, but differ in minor, non-substantial features, which can be visually detected, as in a variety of chairs which may differ in the texture and colour of their decorative upholstery. |
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