Lawyers explained the importance of intellectual property protection in the defense sector
Today, the Armed Forces of Ukraine need to be constantly supplied not only with repaired or refurbished weapons, but also with the latest military equipment. Therefore, the issue of intellectual property is becoming critically important for both defense companies and the state.
The organization of patenting, licensing, inventing and rationalization work was recently discussed at an instructional and methodological session at the Administration of the State Special Transport Service, which operates within the system of the Ministry of Defense of Ukraine.
The event was attended by Hanna Kolesnyk, Chairman of the UNBA Committee on Human Rights Protection, Igor Svetlichnyi, a member of the Committee's Council and a senior officer of the Military Science Department of the State Special Transport Service Administration, and Oleg Chernobai, Chairman of the Intellectual Property Committee of the Kyiv Regional Bar Council.
I. Svetlichny recalled the provisions of the main documents that regulate this area of activity at the departmental level:
- Regulation on patent-licensing, inventive and rationalization work in the system of the Ministry of Defense of Ukraine (Order of the Ministry of Defense of Ukraine No. 287 dated 20.09.2022)
- Methodical recommendations on the procedure for drafting, filing and reviewing an application for an innovation proposal (Order of the State Patent Office of Ukraine No. 131 of August 27, 1995).
- The IP-5 application form, approved by Order of the State Statistics Committee of Ukraine No. 469 dated 10.08.2004.
The lawyer said that applications for rationalization proposals are reviewed by the commission for novelty and usefulness within thirty days. If necessary, the rationalization proposal is submitted for additional analysis and expert opinion. After the proposal is recognized as an innovation and accepted for use, each of the co-authors receives a certificate.
I. Svetlichny emphasized that servicemen who are the authors of the most valuable inventions created in the course of their duties, as well as of rationalization proposals, may (if they need to participate in the development and verification of proposals) be temporarily released from their duties with the permission of their superior for up to 30 days.
«Intellectual property, like any other type of property, is often subject to unlawful actions by third parties and, accordingly, requires legal protection. At the same time, special attention should be paid to the protection of rights to such intellectual property that can serve the purposes of state defense», said H. Kolesnyk.
An example of the importance of protecting intellectual property in the defense sector was given by H. Kolesnyk, referring to case No. 757/11406/20-ц.
In 2016, the Armored Plant received a certificate of registration for a night sight that was approved for use by the Armed Forces of Ukraine. Two years later, the Ministry of Economy issued a patent for a utility model related to this device. And on the basis of the patent, the owner of the right to use the model demanded that the plant stop using the object of its intellectual property in any way. This threatened to stop the repair work on the defense order for the Ministry of Defense of Ukraine.
However, the company found that the Ministry had violated the terms of legal protection, as the combination of features of the model was publicly available in the world before the date of filing the application. Therefore, in March 2020, the plant filed a lawsuit to invalidate the patent.
The courts of all instances sided with the plaintiff. The key to the case was the expert's opinion, which concluded that as of the date of filing the application for the invention under the Ukrainian patent, all the features of the utility model claims under the Ukrainian patent were known, so the utility model under the patent does not meet the condition of patentability «novelty».
At the same time, the defendant did not provide the court with any evidence that would refute the correctness and completeness of this conclusion and did not file a petition for the appointment of an examination of the intellectual property object in the case.
Also, during the event, its participants determined the prospects for the development of inventions, organization of work of invention clubs at the Department of Military Training of the State Service of Ukraine for Specialized Transport and Exploration of the peculiarities of registration of patents of Ukraine for utility models and service inventions of military personnel.
Popular news
Abroad
UNBA office opens in EU capital
To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.
Guarantees of the practice of law
Impunity for public stigmatization of advocates violates the constitutional right to defense
The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.
Legislation
Inheritance of a share in joint property and more: advocates have made comments
In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.
Legislation
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise
The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Publications
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine