Restrictions on access to registries should not violate the rights of third parties

Advocacy
13:16 Mon 16.09.24 775 Reviews
Print

The criteria and mechanism for restricting access to information from state registers of intellectual property rights related to national security and defense during martial law should exclude the possibility of violating the rights of third parties.

The UNBA Committee on Civil Law and Procedure drew attention to this in its comments and proposals to the draft Law No. 11533 dated 29.08.2024 «On Amendments to the Civil Code of Ukraine and Some Other Laws of Ukraine on the Peculiarities of Providing Information from Public Electronic Registers Owned by the Ministry of Justice of Ukraine and Some Other Public Electronic Registers».

The authors of the initiative point out that intellectual property registers contain information on intellectual property objects (inventions, utility models, industrial designs, etc.) related to national security and defense, which are of particular interest to the enemy during military operations.

Therefore, it is proposed to provide in the laws «On Protection of Rights to Inventions and Utility Models», «On Protection of Rights to Industrial Designs», «On Protection of Rights to Trademarks and Service Marks», «On Protection of Rights to Semiconductor Product Layouts», «On Copyright and Related Rights» that access of individuals and legal entities to the information of state registers of intellectual property rights on state registration of intellectual property rights related to national security and defense may be restricted for the period of martial law in Ukraine.

Access will be restricted at the request of the owner of a patent, industrial design, trademark certificate, or copyright holder of a work.

At the same time, the UNBA notes that the draft law does not provide for state control over whether the object in question really belongs to the areas related to national security and defense. At the same time, the definitions of «defense of Ukraine» and «national security» in the laws «On Defense of Ukraine» and «On National Security of Ukraine» are so broad that any intellectual property object can be included.

Thus, an unscrupulous owner of an intellectual property object may conceal the fact of registration of rights to the object in order to avoid its division or division of income that he or she will receive from its use and to which other participants in civil relations, such as the company where the person works, the other spouse, or co-authors, will be entitled.

The UNBA Committee is convinced that this risk requires more detailed regulatory and legal regulation in order to prevent violation of the rights of third parties.

Popular news

Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected

Rule of Law Roadmap

Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected

The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.

14:01 Fri 30.10.26 108
The first country to ratify the Convention on the Protection of the Professions of Lawyer

Abroad

The first country to ratify the Convention on the Protection of the Professions of Lawyer

Bosnia and Herzegovina became the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer (CETS No. 226). The country signed the Convention on March 17, 2026, so it took just over seven months to ratify it.

12:17 Fri 30.10.26 103
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens

Support

In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens

Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.

11:24 Fri 23.10.26 106
An advocate's meeting with a client outside the office: how to conduct it without giving away too much

Educational events

An advocate's meeting with a client outside the office: how to conduct it without giving away too much

If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.

13:07 Tue 20.10.26 109
The UNBA explained what could undermine the plan to introduce plea agreements

Legislation

The UNBA explained what could undermine the plan to introduce plea agreements

Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.

10:41 Tue 20.10.26 139
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Interaction

The UNBA and the German Institute for Eastern Law will prepare joint legal opinions

Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.

17:41 Mon 19.10.26 139
Proceedings against military personnel following AWOL require clear deadlines — UNBA

Legislation

Proceedings against military personnel following AWOL require clear deadlines — UNBA

A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.

19:04 Fri 16.10.26 204
A one-time payment or royalties? Students were briefed on changes to copyright agreements

Educational events

A one-time payment or royalties? Students were briefed on changes to copyright agreements

As a general rule, property rights to a work created by an employee are transferred to the employer, but the author retains the right to remuneration. European law requires that this remuneration be based on the actual income generated by the work, rather than being limited to a one-time payment.

13:46 Fri 16.10.26 136

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

Оберіть файл