WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/UKR/D/1 
11 August 2008 
 (08-3789) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
UKRAINE 
  The present document reproduces the text
1 of the Law on Protection of Rights to Industrial 
Designs, adopted on 15 December 1993, as last am ended on 22 May 2003, as notified by Ukraine 
under Article 63.2 of the Agreement (see document IP/N/1/UKR/1).  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
UKRAINE 
 
 Le présent document contient le texte1 de la Loi sur la protection des droits relatifs aux 
dessins et modèles industriels adoptée le 15 déce mbre 1993, telle que modifiée en dernier lieu le 
22 mai 2003, notifiée par l'Ukraine au titre de l' article 63:2 de l'Accord (voir le document 
IP/N/1/UKR/1). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
UCRANIA 
 
 En el presente documento se reproduce el texto
1 de la Ley relativa a la protección de los 
derechos sobre los diseños industriales, adoptada el 15 de diciembre de 1993, modificada por última 
vez el 22 de mayo de 2003, que Ucrania ha notif icado en virtud del párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/UKR/1). 
                                                      
 1 In English only. The text in the original language will be available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulement.   Les délégations intéressées pourront consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/UKR/D/1 
Page 2  
 
 
LAW OF UKRAINE  
On Protection of Rights to Industrial Designs   (The translation is not official)   
(Gazette of the Verkhovna Rada of Ukraine (GVR), 1994, No.7, Art. 34)  
(As amended by Laws  No. 2188-III of December, 21, 2000, GVR, 2000, No. 8, Art. 37  No. 2921-III of January, 10, 2002, GVR, 2002, No. 16, Art. 114  
No. 34-IV of July, 4, 2002, GVR, 2002, No. 35, Art. 256  
No. 762-IV of May, 15, 2003, GVR, 2003, No. 30, Art. 247  
No. 850-IV of May, 22, 2003, GVR, 2003, No. 35, Art. 271)    This Law regulates relations arising in connection with acquisition and use of the property right to 
industrial designs in Ukraine.  
  
Chapter I  GENERAL PROVISION    Article 1. Definitions    
In this Law, terms presented below are used to denote the following:  
  «Office» means the central body of executive power on  the legal protection of intellectual property;  
«industrial design» means the result of a creative activity of a man in the field of artistic designing;  «author» means the man by whose creative work  an industrial design has been created;  
«patent» means a patent of Ukraine of an industrial design;  
«patented industrial design» means the industrial d esign for which the patent has been granted;  
«person» means a natural or legal person;  «application» means the aggregate of documents needed for granting of a patent;  «applicant» means the person who has filed an appli cation or has acquired rights of an applicant by 
another procedure determined by the law;  
«priority of application» (priority) means th e precedence in the filing of an application;  
«priority date» means the date of filing of an appli cation to the Office or to a relevant body of a State 
which is a member of the Paris Convention for th e Protection of Industrial Property, by which a 
priority has been claimed;  «employer» means the person who has hired an empl oyee under a labor (work) agreement (contract);  
«Register» means the State Register of Patents of Ukraine for industrial designs;  
«Appellate Chamber» means the collegial body of th e Office for the examination of objections to the 
decisions of the Office on the acquisition of rights to intellectual property objects and other matters 
referred to its competence by this Law;  «Examination institute» means the state institution (ent erprise, organization) authorized by the Office 
for consideration and examin ation of applications;  
«state system of legal protection of intellect ual property» means the Office and an number of 
expertise, scientific, educational, informational and other state institutions of relevant specialization, 
included in the sphere of management of the Office.    Article 2. Authorities of the Office in the Sphere of Protection of Rights to Industrial Designs  
  
1. The Office provides the implementation of the Stat e policy in the sphere of protection of rights to 
industrial designs; to this end, it:  organizes the reception of applications and theirs examination, makes decisions on them;  grants patents of industrial designs, provides their state registration;  
provides publication of official data on industrial designs;   IP/N/1/UKR/D/1 
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implements international cooperation in the sphere of the legal protection of intellectual property and 
represents interests of Ukraine on matters of th e protection of rights to industrial designs in 
international organizations according to current legislation;  adopts normative and legislative acts within its authorities under the determined procedure;  
organizes the information and publishing activity in th e sphere of the legal protection of intellectual 
property;  
organizes the research works on improvement of the legislation and organization of activity in the 
sphere of the legal protection of intellectual property;  organizes the work on re-training of personnel of the State system of the legal protection of intellectual property;  
authorizes institutions included into the State system of the legal protection of intellectual property, in 
accordance with their speciali zation, the fulfillment of individual tasks defined by this Law, Statute of 
the Office, and other normative and legislative acts in  the sphere of the legal protection of intellectual 
property;  performs other functions in accordance with the its Statute approved by the de termined procedure.  
 
2. The activity of the Office is financed by funds of the State Budget of Ukraine.    Article 3. International Agreements    If an international agreement of Ukraine has set rule s other than those provided by the legislation of 
Ukraine on industrial designs, rules of the international agreement are applied.  
  Article 4. Rights of Foreign and Other Persons    1. Foreign and stateless persons have equal rights with persons of Ukraine provided by this law in 
accordance with international agreemen ts of Ukraine or on the basis of the principle of reciprocity.  
2. Foreign and other persons residing or having a permanent location outside Ukraine exercise their 
rights in relations with the Office through re presentatives registered in accordance with the 
Regulations for Representatives in Matters of Inte llectual Property, approved by the Cabinet of 
Ministers of Ukraine.    
Chapter II  
LEGAL PROTECTION OF INDUSTRIAL DESIGNS    Article 5. Conditions of Granting Legal Protection  
  
1. The legal protection is granted to an industria l design that does not contradict the public order, 
principles of humanity and morals, and complies with the patentability conditions.   2. The object of an industrial design may be the shap e, picture, or coloration, or their combination, 
which define the appearance of an industrial pr oduct and are intended to satisfy aesthetic and 
ergonomic demands.  
 
3. According to this Law, the legal protection is not granted to:  objects of architecture (except small architectural forms), industrial, hydrotechnical, and other stationary structures;  printed products per se;  
objects of an unstable form of liquid, gaseous , free-flowing, or like substances, etc.  
 5. The property right on an industrial design is certified by a patent.  The period of validity of a patent for an industria l design is of 10 years from the date of filing the 
application to the Office and may be extended by th e Office at the request of the patent's owner, but 
for not more than five years.  IP/N/1/UKR/D/1 
Page 4  
 
The validity of a patent is terminated prematurely in  the cases referred to in Article 24 of this Law.  
 6. The scope of the legal protection granted is determined by an aggregate of substantial features of an 
industrial design, represented in the image (images) of the product, entered in the Register, and is 
certified by a patent with a copy in it of the product image entered in the Register.  
Interpretation of features of an industrial design is to  be carried out within limits of its description.  
  Article 6. Conditions of Patent ability of an Industrial Design  
  1. An industrial design meets patent ability conditions if it is new.  
 
2. An industrial design is considered new if the a ggregate of its substantial features has not become 
universally accessible in the world before the date  of filing the application with the Office or, if 
priority is claimed, before its priority date. In a ddition, in the process of dete rmining the novelty of an 
industrial design there is taken into consideration th e content of all applications received by the Office 
earlier, with the exception of those which as of said date are considered withdrawn, withdrawn or on 
which the Office has decided to refuse the grant of a patent and the possibilities of appealing against 
such decisions have been exhausted.   3. The recognition of an industrial design as patentable  is not affected by disclosure of information on 
it by the author or a person who obtained such information from the author directly or indirectly 
within six months before the date of filing the appl ication with the Office or, if priority is claimed, 
before its priority date. The obligation to prove circ umstances of the disclosure of information in such 
a case is entrusted to the person interest ed in the application of this item.  
  Chapter III  
RIGHT TO OBTAIN PATENT  
  Article 7. The Right of the Author    1. The right to obtain a patent shall belong to the auth or or his, unless otherwise provided by this Law.  
 
2. Authors who have created an industrial design by a joint work have equal rights to obtain a patent, 
unless otherwise provided by an agreement between them.   3. In the event of a review of terms of the agreem ent about the composition of authors, the Office, on 
a joint request of persons indicated in the application as authors and of authors not indicated in the 
application as such, introduces alterations to releva nt documents by the procedure determined by the 
Office.   4. The author of an industrial design has the right of authorship, which is a inalienable personal right 
and is protected indefinitely.    
Article 8. The Right of the Employer  
  1. The right to obtain a patent shall belong to the employer if the industrial design has been created in connection with the fulfillment of official duti es or of an assignment by the employer, unless 
otherwise stipulated by the work agreement (contract). The employer is to conclude a written 
agreement with the author and under conditions of the agreement to grant the author a reward in 
accordance with the economic value of the industri al design and other benefits gained by the 
employer from the industrial design.  Disputes as to conditions of obtaining the reward and its  amount are settled by the judicial procedure.  
  IP/N/1/UKR/D/1 
 Page 5 
 
 
2. The author of an industrial design submits to the employer a written notification about the industrial 
design created by him/her together with materials that disclose the essence of the industrial design 
clearly and completely enough.  If the employer does not file an application with the Office within four months from the date of 
reception of said notification, the right to a patent passes to the author.  
  
Article 9. The Right of Successor in Title    The right to obtain a patent shall belong to the successor in title of the author or employer respectively.  
  
Article 10. The Right of the First Applicant    The right to obtain a patent for an industrial desi gn created by a separate work shall belong to the 
applicant whose application has an earlier date of f iling to the Office or, if priority is claimed, an 
earlier priority date, on condition that the applica tion is not considered withdrawn, has not been 
withdrawn, or that the Office has not adopted on it  a decision to refuse the grant of a patent, the 
possibilities of appealing against which have been exhausted.  
  Chapter IV  PROCEDURE FOR OBTAINING A PATENT  
  
Article 11. Application    1. A person who wishes to obtain a patent and who has the right to that , files an application with the 
Office.  
 
2. On assignment by the applicant, the application may be filed through a representative in matters of 
the intellectual property or other authorized person.   3. The application shall relate to one industria l design and may contain its variants (the unity 
requirement ).  
 
4. The application is drawn up in the Uk rainian language and is to contain:  
request for grant of a patent;  set of images of the product (the product proper or  in the form of its mock-up or drawings), which 
provide a full notion of its appearance;  
description of the industrial design;  
drawings, diagram, map ( where necessary).   5. In the request for grant of a patent it is n ecessary to indicate the applicant (applicants) and his 
address as well as the author (authors).  The author has the right to request that he should not  be mentioned in any publication of the Office, in 
particular in the data on th e application and patent.  
 6. The application is to disclose the subject matter of the industrial design clearly and fully enough so 
that it to be carried out by a person skilled in the art .   
7. Other requirements to be satisfied by the docum ents making up the application shall be laid down 
by the Office.   8. Filling of an application shall be subject to pa yment of a fee. The document about the payment of 
the fee is to receive to the Office together with th e application or within two months from the date of IP/N/1/UKR/D/1 
Page 6  
 
filing of the application. This period is extended, but  for not over than six months, if a relevant request 
is filed and the fee for its filing is paid  before the expiry of this period.  
  Article 12. The Date of Filing of an Application    
1. The date of filing of an application is the date of reception by the Office of materials which at least 
contain:  statement drawn up in a random form for the grant of a patent, written in the Ukrainian language;  
data on the applicant and his address, presented in the Ukrainian language;  
image of the product, which provides a full notion of its appearance;  
a part which outwardly resembles the description of  the industrial design, presented in the Ukrainian 
or another language. In the latter case,  for retention of the date of filing of application, the translation 
of this part into the Ukrainian language is to r eceive to the Office within two months from the filing 
date.   
2. The date of filing of applicati on is determined according to paragr aph 9, 10, and 11 of Article 14 of 
this Law.    Article 13. Priority    1. An applicant has the right to priority of an ear lier application on the same industrial design within 
six months from the date of filing of the earlier appli cation to the Office or with a relevant body of a 
State which is a member of the Paris Convention for the Protection of Industrial Property, unless priority has been claimed fo r the earlier application.  
 2. The priority of an industrial d esign that has been used in an exhib it shown at official or officially 
recognized international exhibitions held at the terri tory of a State which is a member of the Paris 
Convention for the Protection of Industrial Property may be determined by the date of opening of the 
exhibition if the application has received to th e Office within six months from the said date.  
 3. An applicant who wishes to use of the priority ri ght is within three months from the date of filing of 
the application with the Office to file a declaration of  priority with reference to the date of filing and 
No. of the earlier application and its copy if this ap plication has been filed in a foreign State which is 
a member of the Paris Convention for the Protection of Industrial Property, with translation into the 
Ukrainian language, or a document confirming th e demonstration of said industrial design at 
exhibitions held at the territory of a State wh ich is a member of the Paris Convention for the 
Protection of Industrial Property. Said materials ma y be changed within this period. If these materials 
are filed untimely, the right to priority of the appli cation is considered lost, of which a notification is 
sent to the applicant.   4. For an application as a whole or its part there may be claimed priority of several earlier applications. In this case the time limits that start with the priority date shall be computed as from the 
earliest priority date.  
 
5. Priority applies only to those features of an in dustrial design which ar e indicated in the earlier 
application whose priority is claimed.   6. If the office work on the earlier application at th e Office is not completed, then on arrival of the 
claim for priority in accordance with paragraph 3 of this Article the earlier application is considered 
withdrawn in the part for which priority is claimed.   7. Priority of an industrial design may be determin ed as of the date of reception by an Examination 
Institute of additional materials ex ecuted in accordance with paragraph 7 of Article 14 of this Law as 
an independent application if this application has been filed within three months from the date of  IP/N/1/UKR/D/1 
 Page 7 
 
 
reception by the applicant of a notification of that said materials are ignored during the examination of the application to which they have been supplemented.    Article 14. Examination of Application    
1. The examination of an application has the status of scientific-technical examination and is carried 
out by an Examination Institute according to this Law and rules established on its basis by the Office.  
 2. The Examination Institute exercises the informa tion activity needed for the proceeding examination 
of applications and is a center for international exchange of publications in accordance with the 
Convention on International Exchange of Publica tions, adopted on 3 December 1958 by the General 
Conference of the United Nations Educational,  Scientific and Cultural Organization.  
 3. Final results of the examination of an applica tion which is not considered withdrawn or has not 
been withdrawn are presented in a substantiated c onclusion of the examination of the application, 
which enters into effect after its approval by the O ffice. On the ground of such a conclusion the Office 
adopts a decision to grant a patent or to refuse the grant of a patent. The Office’s decision is sent to 
the applicant.  An applicant has the right within a month from the da te of reception by him of the Office’s decision to 
request copies of materials presented against the application. The copies are sent to the applicant 
within a month.  
 
4. The applicant has the right on the own initiative or on invitation from the Examination Institute to 
take part personally or through his/ representative, by the procedure established by the Office , in the 
consideration of issues that have arisen during the examination.   
5. The applicant has the right to introduce to the application correc tions of mistakes and changes of 
his name and address, address for correspondence (ser vice), name and address of his representative.  
The applicant may introduce to the application cha nges associated with change of the person of the 
applicant on condition of consent thereto of other applicants indicated in the application. Such 
changes may by consent of all applicants be intr oduced also by a person who wishes to become an 
applicant.  
These corrections and changes are taken into account if received by the Examination Institute not later 
than the reception by it of a document on payment of the state fee for the grant of a patent.  
A fee is charged for the filing of a request for correction of an mistake or introduction of any one of 
the above-indicated changes on condition that the mi stake is not obvious or technical and the change 
has arisen through circumstances depending on the person that files the request.  
 
6. The Examination Institute may request from the applicant submission of additional materials if 
examination is impossible without them or in th e event of appearance of well-founded doubts about 
credibility of any data or elements contained in materials of the application.  The applicant has the right within a month from the date of reception by him of the notification or 
conclusion of the Examination Institute with a request  to file additional materials to request from the 
Institute copies of materials presen ted against the application.  
The additional materials are to be filed by the app licant within two months fro m the date of reception 
by him of the notification or conclusion of the Examination Institute or of copies of materials 
presented against the application. The period for filli ng of additional materials is extended, but for not 
more than six months, if a corresponding request is f iled and the fee for its filing is paid before the 
expiry of this period. This period, if missed for valid reasons, is renewed if a corresponding request is 
filed and the fee for its filing is paid within six m onths after its expiry. If the applicant fails to file 
additional materials within the set period, the applic ation is considered withdrawn, a notification of 
which is sent to the applicant.   IP/N/1/UKR/D/1 
Page 8  
 
7. If the applicant has filed additional materials, then  in the process of the examination it is cleared up 
whether they extend beyond the essence of the industrial design, disclosed in the filed application.  
Additional materials are considered to extend beyond  the essence of the industrial design, disclosed in 
the filed application, if they contain new essence features.  Additional materials in the part which extends bey ond the essence of the indu strial design, disclosed 
in the filed application, are ignored at the exam ination of the application and may after obtaining a 
corresponding request from the Examination Institute be executed by the applicant as an independent 
application.   8. During the examination:  
the filing date of application is determined  on the ground of Article 12 of this Law;  
it is determined whether the object applied for belong s to objects indicated in paragraph 2 of Article 5 
of this Law;  the application is checked for conformity with form al requirements of Article 11 of this Law and rules 
determined on its basis by the Office;  
the document about payment of the fee for the filing of  the application is checked for conformity with 
determined requirements.   9. If materials of the application meet requirement s of Article 12 of this Law and the document about 
payment of the fee for the filing of the application is present, a notification of the determined filing 
date of application is sent to the applicant.  
 
10. If materials of the application fail to meet require ments of Article 12 of this Law, a notification of 
this is immediately sent to the applicant. If the no n-conformity is eliminated within two months from 
the date of receiving of the notification by the ap plicant, then the date of receiving of corrected 
materials by the Examination Institute is consider ed the application filing date. Otherwise, the 
application is considered non-filed, notifi cation of which is sent to the applicant.  
 11. If in materials of an application which meets requirements of Article 12 of this Law there is a 
reference to a drawing (diagram, map), but such a dr awing (diagram, map) is absent, a notification of 
this is sent to the applicant with a proposal, on his choice, either to send the drawing (diagram, map) 
or to exclude the reference to it in the application.  If the drawing (diagram, map) is filed within two 
months from the date of reception of the notification by the applicant, the date of receiving of the 
drawing (diagram, map) by the Examination Institute is  considered the filing date of application. If the 
applicant fails to make the proposed choice within th is period, the application is considered non-filed, 
a notification of which is sent to the applicant.   
12. In the event of violation of requirements of para graph 8 of Article 11 of this Law, the application 
is considered withdrawn, a notification of which is sent to the applicant.   13. If there are grounds to consider that the obj ect applied for fails to meet requirements of 
paragraph 2 of Article 5 of this Law, or the applica tion fails to meet formal requirements of Article 11 
of this Law and rules determined on its basis by th e Office, or the document about the payment of the 
fee for the filing of the application fails to meet  determined requirements, then the t Examination 
Institute sends the applicant a well-founded preliminar y conclusion on this with a proposal to fill a 
motivated answer with elimination, if needed, of irregularities indicated in the conclusion.  
The applicant's answer is to be filled within the period specified by paragraph 6 of this Article for 
additional materials and is taken into account at th e preparation of the conclusion of the examination 
on the application.  
In the event of violation of the requirement of unity,  set by paragraph 3 of Article 11 of this Law, the 
applicant is to indicate in the answer the industria l design for which the examination of the application 
should be carried out and, when needed, to intro duce refinements to the ap plication. In this case, 
independent applications may be f iled for other industrial designs.   IP/N/1/UKR/D/1 
 Page 9 
 
 
If the requirement of unity, as proposed by the examin ation institute, is not observed, the examination 
of the application is carried out for the industr ial design which is the first mentioned in the 
description.    Article 15. Withdrawal of an Application  
  
An applicant has the right to withdraw an applica tion at any time before the date of payment of the 
state fee for the grant of a patent.    Article 16. Publication on Granting of a Patent  
  
1. The publication in the official bulletin of data ab out the grant of a patent, defined by the determined 
procedure, is carried out on the ground of a deci sion to grant of the patent and at presence of 
documents about the payment of the state fee for the grant of the patent and of the fee for the 
publication about the grant of the patent. Said fees are paid after the receiving of the decision to grant 
of the patent by the applicant.  
If documents on the payment of the state fee for th e grant of the patent and of the fee for the 
publication about the grant of the patent in the amount  and by the procedure defined by the legislation 
have not arrived to the Examination Institute with in three months from the date of receiving of the 
decision to grant of the patent by the applicant, th e publication is not carried out and the application is 
considered withdrawn.  
The period for arrival of these documents is exte nded, but for not more than six months, if a 
corresponding request is filed and the fee for its filing is paid before the expiry of this period. This 
period, if missed for valid reasons, is renewed if  a corresponding request is filed and the fee for its 
filing is paid within six months after its expiry.   
2. After the publication of data on the grant of a patent, any person has the right to familiarize himself 
with materials of the application by the determined procedure. A fee is charged for the familiarization 
with materials of the application.    Article 17. Registration of a Patent    
1. At the same time with the publication of data on the grant of a patent, the Office carries out the 
state registration of the patent for an industrial desi gn by entering relevant data in the Register. The 
form of the Register and procedure of its keeping are defined by the Office.   2. When the data have been entered in the Regi ster, any person has the right to familiarize himself 
with them by the procedure defined by the Office and to obtain in reply to his request an extract from 
the Register as to the data on the patent on conditi on of payment of a fee for the filling of the request.  
 3. Mistakes in data entered in the Register are corre cted on the initiative of the owner of the patent or 
of the Office.  On the initiative of the owner of the patent, chang es may be introduced to the Register in accordance 
with the list of possible changes. A fee is charge d for introduction of changes about a patent to the 
Register.    Article 18. Grant of Patent    
1. A patent is granted by the Office within a month af ter the state registration of the patent. A patent is 
granted to a person who has the right to obtain the patent. If several persons have the right to obtain a patent, one patent is granted to them.  A patent is granted within responsibility of its ow ner without a guarantee of validity of the patent.  
 
2. The form of a patent and content of data indicated in it are defined by the Office.  IP/N/1/UKR/D/1 
Page 10  
 
 3. At request of the owner of the granted pa tent, the Office corrects obvious mistakes with a 
subsequent notification of this in the official bulletin.   4. In the event of loss or damage of a patent, its ow ner is granted with a duplicate of the patent by the 
procedure determined by the Office. A fee is ch arged for the grant of a duplicate of a patent.  
  Article 19. Appellation against Decision on Application    1. An applicant may appeal against a decision of th e Office on an application to the court as well as to 
the Appellate Chamber within two months from the da te of receiving of the d ecision of the Office or 
of copies of materials, requested in accordance with paragraph 3 of Article 14 of this Law.  
 2. If the decision of the Office on an application has been appealed against to the court after the state 
registration of the patent, then the court decides at  the same time also the issue of validity of the 
relevant patent.  
 3. The right to appeal against a decision of the Office  to the Appellate Chamber is lost in the event of 
payment of the state fee for the grant of the patent.   4. A decision of the Office is appealed against to the Appellate Chamber by f iling an objection against 
the decision by the procedure determined by this Law and on its basis by the Regulation of the 
Appellate Chamber, approved by the Office. A fee is  charged for the filing of the objection. If the fee 
has not been paid within the period indicated in para graph 1 of this Article, the objection is considered 
not filed, of which a notification is sent to the applicant.   
5. When the Appellate Chamber receives an object ion and a document on the payment of the fee for 
the filing of the objection, the office work on the application is suspended until the decision of the 
Appellate Chamber is approved.   6. An objection against a decision of the Office on an  application is examined in accordance with the 
Regulation of the Appellate Chamber within two mont hs from the date of receiving of the objection 
and the document on the payment of the fee for the filing of the objection, within the scope of 
arguments presented by the applicant in the objecti on and during its consideration. The period of 
consideration of an objection is extended on the initia tive of the applicant, but for not more than two 
months, if a relevant request is filed and the fee for its  filing is paid before the expiry of this period.  
 
7. On results of consideration of an objection,  the Appellate Chamber adopts a motivated decision 
which is approved by an order of the Office and sent to the applicant.  In the event of a full or partial satisfaction of an objection, the fee for the filing of the objection is to 
be returned.   8. Before the approval of a decision of the Appella te Chamber, within a month from the date of its 
adoption, the Head of the Office may present a gr ounded written protest against this decision, which 
is to be considered within a month. The decision of  the Appellate Chamber, adopted as to this protest, 
is final and may be canceled only by a court.   9. An applicant may appeal against a decision of the Appellate Chamber, approved by the Office, to 
the court within two months from the date of receiving of the decision.  
   IP/N/1/UKR/D/1 
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Chapter V  RIGHTS AND OBLIGATIONS DERIVING FROM PATENT    Article 20. Rights Deriving from Patent    
1. Rights deriving from a patent are valid from the date of publication of data about its grant on 
condition of payment of the annual fee for maintaining the validity of the patent.  
 2. A patent grants its owner an exclusive right to  use the industrial design at his/ own discretion, 
unless such a use infringes rights of other owners of patents.  
Interrelations at the use of an industrial design, th e patent for which is owned by several persons, are 
defined by an agreement among them. At absence of such an agreement, each owner of the patent 
may use the industrial design at his own discreti on, but neither of them has the right to grant 
permission ( grant a license) for use of the industrial design and to transfer the right of ownership of 
the industrial design to another person without a consen t thereto of the rest of owners of the patent.  
Considered as the use of an industrial design is the manufacture of a product with employment of a 
patented industrial design, employment of such a product, offer for sale, including a sale through Internet, sale, import (coming-in), and another putti ng of it into civil circulation or its storage for 
above-indicated purposes.  A product is considered manufactured with the use of  a patented industrial design if all substantial 
features of the industrial design have been used in the manufacture.  
 
3. A patent gives its owner the right to prohibit ot her persons from using the industrial design without 
his permission, with the exception of cases where such  use is accordance to this Law not considered 
an infringement of rights of the patent's owner.   
4. The owner of a patent may transfer the right of ownership of the industrial design under an 
agreement to any third person, who/ becomes a successor in title of the patent's owner.  
 5. The owner of a patent may grant any person a permission ( grant a license) for the use of the 
industrial design on the ground of a license agreement.   
6. An agreement for transfer of the right of owne rship of an industrial design and a license agreement 
are considered valid if made in writing and signed by the parties.  A party to an agreement has the right to inform an i ndefinite circle of persons about the transfer of the 
property right to an industrial design or grant of a license for the use of an industrial design. Such 
information is effected by publication in the official  bulletin of data in the scope and by the procedure 
defined by the Office with a simultaneous entering them in the Register.  
Fees are charged for publication of said data and changes of data on the grant of a license.  
 7. The owner of a patent has the right to file with  the Office for an official publication a request for 
granting any person a permission for the use of the pa tented industrial design. In this case the annual 
fee for maintaining the validity of the patent is reduced by 50% beginning from the year following the 
year of publication of such request.  
A person who wishes to make use of said permission is  to conclude an agreement for payments with 
the patent's owner. Disputes arising during the c onclusion and implementation of this agreement are 
settled to the judicial procedure court.  If no person has informed the patent's owner of his/ intentions as to the use of the industrial design, 
the patent's owner may file with the Office a writte n petition about withdrawal of his request. In this 
case the annual fee for maintaining the validity of the patent is paid in a full amount beginning from 
the year following the year of publication of such petition.   8. The rights deriving from a patent do not interfe re with any other personal property or non-property 
rights of the author of an industrial design which ar e regulated by another legislation of Ukraine.  IP/N/1/UKR/D/1 
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  (Article 21 has been excluded on the ground of Law No. 850-IV of May 22, 2003)    Article 22. Actions that are not Considered Infringement of Rights    
1. Any person who before the date of filing an a pplication with the Office or, if priority has been 
claimed, before its priority date has in interest s of his activity used in a good faith in Ukraine an 
industrial design applied for or carried out a consider able and serious preparation to such a use retains 
the right to a free of charge continuation of this use or to the use of the industrial design as this was contemplated by said preparation (right to prior use).  
The right to prior use may be transferred or pass to  another person onl y together with an enterprise or 
business practice or with that part of an enterp rise or business practice where the industrial design 
applied for has been used or a considerable and seri ous preparation to such a use has been carried out.  
 2. The use of a patented industrial design is not considered infringement of rights granted by the 
patent :  
use in the construction or in operation of a transpor t facility of a foreign state, which temporarily or 
accidentally is in waters, air space, or at the te rritory of Ukraine, on condition that the industrial 
design is used exclusively for needs of this transport facility;  use non-commercial purpose;  with scientific purpose or as experiment;  
at extraordinary circumstances (natural disaster, catast rophe, epidemics, and etc.) with notification of 
the patent's owner about such use at once when th is becomes practically feasible and payment of a 
corresponding compensation to the owner.   3. Putting into the civil circulation a product made with the use of a patented industrial design after 
this product has been put into civil circulation by th e patent's owner or by his/ special permission is 
not considered infringement of rights granted by the patent.    Article 23. Obligations Deriving from a Patent    1. The owner of a patent is to use in a good faith the exclusive right that deriving from the patent.  
If an industrial design is not used or insufficiently  used in Ukraine within three years beginning from 
the date of publication of data about the grant of the patent or from the date when the use of the 
industrial design has been terminated, then an y person who wishes and shows up willingness to use 
the industrial design may in the event of refusal of the patent's owner to conclude a license agreement 
apply to a court with a request for granting him pe rmission for the use of the industrial design.  
Unless the patent's owner proves that the fact of non-use or insufficient use of the industrial design 
has been due to valid reasons, the court awards a d ecision to grant the interested person a permission 
for the use of the industrial design with indication of the scope of its use, period of validity of the permission, amount and procedure of payment of the reward to the patent's owner.  
 2. The owner of a patent is bound to grant permissi on ( grant a license) for the use of the industrial 
design to the owner of a patent granted later on if  the industrial design of the latter is intended for 
achievement of another purpose or features cons iderable technical and economic advantages and 
cannot be used without infringing rights of the former owner. In this case the granting of such 
permission may be stipulated by a re levant permission of the owner of the patent granted later, who is 
bound to grant permission if his/ industrial design improves the industrial design of the owner of the 
earlier granted patent or is intended for achievement  of the same purpose. The permission is granted 
in a scope needed for the use of the industrial d esign by the patent's owner who has requested such 
permission.  Disputes about licenses are settled to the court.     IP/N/1/UKR/D/1 
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Chapter VI  TERMINATION OF VALIDITY OF PATENT  AND RECOGNITION OF ITS INVALIDITY    Article 24. Termination of Validity of Patent  
  
1. The owner of a patent may at any time renounce completely or partly on the ground of a request 
filed with the Office. Said renunciation comes into for ce at the date of publication of data on this in 
the official bulletin of the Office.   
2. The validity of a patent for an industrial desi gn is terminated in the event of non-payment of the 
annual fee for maintaining its validity in due time.  The annual fee is paid for every year of validity of a patent, counting from the filing date of the 
application. The document about the first payment of said fee is to receive to the Office together with the document about the payment of the fee for the grant of the patent. The document about the 
payment of the fee for every next year is to receive to the Office before the end of the current year on 
condition of payment of the fee within last two months thereof.  The annual fee for maintaining the validity of a patent may be paid and the document about its payment may arrive receive to the Office within six months after the end of the determined period. In 
this case the amount of the annual fee is increased by 50%.  The validity of a patent is terminated from the firs t day of the year, the fee for which has not been 
paid.  
  Article 25. Recognition of Invalidity of Patent    1. A patent may be recognized completely or pa rtly invalid by the court in the following cases:  
(a) nonconformity of a patented industrial design to  patentability conditions defined by this Law;  
(b) existence of features that were not presented in th e filed application in the aggregate of substantial 
features of an industrial design;  (c) grant of a patent as a consequence of filing th e application with infringement of rights of third 
persons.   
3. When having recognized a patent or a part thereof invalid, the Office informs of  this in its official 
bulletin.   4. A patent or a part thereof which have been r ecognized invalid are considered null and void from the 
date of publication of data a bout the grant of the patent.  
  
Chapter VII  PROTECTION OF RIGHTS    Article 26. Infringement of Rights of Patent's Owner    
1. Any offence against the rights of the owner of a patent, provided by Artic le 20 of this Law, is 
considered an infringement of rights of the owne r of the patent, which entails responsibility in 
accordance with the current le gislation of Ukraine.  
 2. On request of the owner of the patent, such an  infringement is to be ceased and the infringer is 
bound to compensate the owner of the patent for inflicted losses.  
Restoration of infringed rights of the owner of the pa tent may also, by his consent, be demanded by a 
person who/ has acquired a license.    IP/N/1/UKR/D/1 
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Article 27. Methods for Protection of Rights    1. The protection of rights for an industrial desi gn is provided in the court and another procedure 
determined by legislation.   
2. The jurisdiction of courts covers  all legal relations arising in conn ection with the application of this 
Law.  Courts, in accordance with their competence, sh all resolve, in particular, disputes about:  
authorship of an industrial design;  determination of a fact of use of an industrial design;  
determination of the owner of a patent;  
infringement of rights of the owner of a patent;  right to the previous use;  compensation.   
Chapter VIII  
CONCLUDING PROVISIONS    Article 28. Fees    The amount and procedure of payment of the state fee for the grant of patents are defined by the 
legislation.  
Receipts from payments of the state fee for the gran t of patents for industrial designs are included to 
the State Budget of Ukraine.  The amount of fees stipulated by this Law, times and procedure of their payment are determined by the Cabinet of Ministers of Ukraine.  
Fees provided by this Law are paid to current account s of institutions authorized by the Office, which 
are included into the state system of the legal prot ection of intellectual property and fulfill individual 
tasks, defined by his Law, in acco rdance with their specialization.  
Receipts from fees stipulated by this Law are targ et-oriented and, in accordance with orders of the 
Office, are used solely for the development and func tioning of the state system of legal protection of 
intellectual property, in particular for the accomp lishment of tasks defined by this Law and other 
normative and legislative acts in the sphere of intellectual property.  
  Article 29. Patenting of Industrial Design in Foreign States    1. Any person has the right to patent an industrial design in foreign states.  
 
2. Expenses involved in patenting an industrial desi gn in foreign states are borne by the applicant or, 
by his consent, by another person.    Article 30. State Stimulation of the Cr eation and Use of Industrial Designs  
  
The state stimulation the creation and use of indus trial designs, establishes preferential taxation and 
crediting conditions for their authors and persons who/  use them, and grants them other preferences in 
accordance with the current le gislation of Ukraine.  
  President of Ukraine                                                                                    L. KRAVCHUK  
  
Kyiv, December 15, 1993  No. 3688-XII     
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