Lawyers explained the importance of intellectual property protection in the defense sector

Advocacy
13:24 Mon 19.02.24 253 Reviews
Print

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

The UNBA presented the CCBE with an overview of legal reform and challenges

European integration

The UNBA presented the CCBE with an overview of legal reform and challenges

Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).

14:39 Mon 01.06.26 124
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Rule of Law Roadmap

The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap

Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.

18:53 Thu 28.05.26 100
UNBA discussed removing barriers at border crossings for families with children with disabilities

Discussion

UNBA discussed removing barriers at border crossings for families with children with disabilities

Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».

17:13 Thu 28.05.26 105
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

Discussion

New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC

The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.

16:18 Wed 27.05.26 117
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Discussion

Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion

Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.

17:02 Wed 20.05.26 117
Penalties for errors in military registration require clear rules, – UNBA

Legislation

Penalties for errors in military registration require clear rules, – UNBA

The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.

18:14 Mon 18.05.26 156
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

European integration

Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform

The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.

15:13 Fri 15.05.26 183
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer

Guarantees of the practice of law

The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer

The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.

13:12 Thu 14.05.26 192

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл