Ukraine to create national intellectual property agency

The adoption of the bill will introduce an effective and high-quality model of the state system of legal protection of intellectual property.

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The Verkhovna Rada, Ukraine's parliament, has passed a bill that provides for the establishment of a national intellectual property agency.

Relevant bill No. 2255 that amends certain legislative acts of Ukraine to set up a national intellectual property agency was backed in the second reading and in general by 245 MPs with the required minimum being 226 votes, an UNIAN correspondent reported.

According to the explanatory note to the bill, the National Intellectual Property Agency (NIPA) of Ukraine is planned to be created as a legal entity under public law (government entity), which is subject to the Ministry of Economic Development, Trade and Agriculture (Economy Ministry).

"The Economy Ministry will ensure the formation and implementation of state policy in the field of intellectual property, and the NIPA will perform certain public functions (authority) to pursue the state policy (the issue of patents and certificates to protect intellectual property)," the document says.

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It says that such an approach for the introduction of a two-tier structure of the state system of legal protection of intellectual property is developed in line with the best practices of foreign countries (in particular, Germany, Japan, Poland, Estonia, Georgia, Denmark, Singapore, Finland, South Korea, and France).

"The NIPA's functions will be performed by a government entity, which will be created on the basis of the state-owned enterprise Ukrainian Institute of Intellectual Property under the Economy Ministry," the document says.

It is also noted the transparency of the NIPA's activities will be ensured through an external (financial and management) audit, the publication of financial estimates aimed at ensuring the development and functioning of the state system of legal protection of intellectual property and the areas where the funds will be spent.

"The bill also envisages conducting electronic public procurement at the expense of the state system of legal protection of intellectual property; eliminating the conditions for corruption-related risks as a result of minimizing the human factor in decision making (widespread introduction of automated registration of transactions, their execution in real time); decision making as a result of a wide social dialogue and taking into account public opinion; conducting public and professional monitoring of the agency's activities," the document says.

What is more, the adoption of the bill will introduce an effective and high-quality model of the state system of legal protection of intellectual property.

As UNIAN reported earlier, a specialized high court on intellectual property and economic competition may be created in Ukraine.

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