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
Legislation
Advocates have warned that the draft Labor Code would curtail workers' protections
Certain provisions of the draft Labor Code of Ukraine regarding collective labor disputes undermine labor protections and do not comply with constitutional and international standards.
Educational events
The right of minors to marry: how judicial oversight works
The issue of granting minors the right to marry lies at the intersection of family law, child protection, and judicial discretion. The UNBA Committee on family law dedicated a webinar held on March 30 to this very topic.
Interaction
The UNBA and the Coordination headquarters have agreed to cooperate in assisting those released from captivity
Servicemen released from captivity, family members of prisoners of war, civilians deprived of their personal liberty as a result of armed aggression, as well as persons missing in connection with the war, will gain additional opportunities to access legal assistance and protect their rights.
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Announcements
The Bar Council of Ukraine begins its meeting
Today, April 2, a meeting of the Bar Council of Ukraine is taking place in Kyiv. On the agenda are issues related to the activities of bar self-governing bodies, consideration of a decision by the High Council of Justice, a number of appeals, as well as a discussion of the current state and pressing issues regarding the functioning of the legal aid system.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Discussion
New Labor Code: advocates highlight the strengths and risks of the draft
The draft Labor Code contains a number of progressive provisions aimed at modernizing labor legislation: digitizing procedures, expanding forms of employment, and increasing transparency in wage payments. At the same time, certain systemic issues require further refinement.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
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