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Ministry of economic development and trade of Ukraine

[26.06.2015]  International colleagues: The level of Ukrainian experts in the harmonization of Ukrainian legislation to the acquis communautaire norms is extremely high 

Mrs. Alejandra Gonzalez, legal expert of the legal and international cooperation department of the Spanish Patent and Trademark Office, and Mrs. Silvia Navares, head of international cooperation and court relations division, currently working in Ukraine within the Twinning Project, have spoken about their cooperation with Ukrainian colleagues.

«Ukrainian working group is showing good results in harmonization of Ukrainian legislation with the EU acquis norms, taking into account existing deadlines. With no doubts, the level of WG members is extremely high – they are working a lot and we noted their high level of commitment to improve the existing system. The experts are very well prepared to the adaptation of Ukrainian legislation to European norms », – noted Mrs. Alejandra Gonzalez during the working meetings with IP experts, taking place in the SE “Ukrainian Intellectual Property Institute” and in the State Intellectual Property Service on 24-25 of June 2015.

«We are always glad to work with Ukrainian colleagues: they have deep professional knowledge, a high level of awareness with the variety of IP issues; they share with us their practical experience and show their deep interest in the peculiarities of acquis communautaire», – commented the expert from Spain, Mrs. Silvia Navares.

During the said meetings the attention was paid to some of the Draft Laws on industrial property objects (“On protection of rights to geographical indications”, “On protection of rights to industrial designs”, “On protection of rights to trademarks”, “On protection of rights to inventions and utility models”, “On protection of tights to topographies of integrated circuits”).

The working group members note that one of the main issues in Ukrainian IP legislation is the harmonization of terms and definitions used in Ukraine with acquis communautaire norms.

For instance, the difference in usage of terms “patent”, “utility model” was noted. It often contradicts to the usage of the EU.

The international experts draw the attention of Ukrainian counterparts to the Directive on industrial secrets that will soon be adopted in the European Union. Ukraine should already get prepared to take into account the provisions of this Directive. The harmonization of Ukrainian legislation with the requirements and standards of acquis communautaire is crucial for the functioning of the free trade zone.

In order to prepare a detailed analysis of amendments to the Law on protection of geographical indication, Mrs. Gonzalez made a presentation “Geographical indications in Europe” for her Ukrainian colleagues. She paid attention to the terms “geographical indication”, “designation of origin”, “marking symbols”, “traditional specialties guaranteed”, underlined the importance of GIs for the development of rural areas and for improvement of the quality of domestic goods. The European expert spoke about the importance of searching tools for users, provided with examples of searching data bases of both the EU and Spain.

Nevertheless, it won’t be possible to introduce all the amendments concerning the terminology, as discussed with the experts. Mrs. Inna Shatova, head of the legal department for industrial property objects in SIPSU, noted that some of the terms analyzed are also used in other laws, which were not analyzed during the present mission. It was thus decided that international experts would prepare a series of recommendations, pointing out which of them are obligatory for an efficient protection of industrial property objects in the free trade zone, also providing with recommendations which may be taking into account later.



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