Law of Ukraine “On Protection of Rights to Industrial Designs”
Date of Entry into Force: July 1, 1994
According to the Law “On Protection of Rights to Industrial Designs” patents for industrial designs are issued in Ukraine.
Industrial design shall meet the requirements of patentability, if the patent is new.
Object of an industrial design can be: form, drawing or color picture, or combination of those, determining exterior looks of an industrial product and designed to satisfy aesthetic and ergonomic needs.
Proprietary right to an industrial design is certified by the patent, issued for 10 years from the date of submitting the application. The term of validity of the patent can be prolonged on request of the patent holder, but shall not be more than 5 years.
Foreign persons and persons without citizenship have rights equal to those of Ukrainian citizens, envisaged by this Law, in compliance with international agreements of Ukraine, or on the basis of reciprocity principle.
Foreign and other persons that reside or have permanent location abroad, use their rights by means of representatives for intellectual property issues (patent agents).
Rights, ensured by the patent, become valid from the date of publishing the information about its issuance on condition of paying the annual fee for maintaining validity of the patent. The patent gives its holder the exclusive right to use his industrial design at his own discretion, if such use does not violate rights of other patent holders.
Annual fee is paid for each year of the patent's validity from the date of submitting the application. Validity of the patent for an industrial design shall be terminated in case of failure to pay the annual fee duly in time.
The Law contains the list of cases, when a patent can be recognized by court as totally or partially invalid.