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

Advocacy
13:16 Mon 16.09.24 32 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

Advocacy

The UNBA is studying additional opportunities to support advocates

The full-scale invasion has seriously affected the mental health of all Ukrainians. There are certain vulnerable groups that have been most affected by the war in their personal and professional lives, including lawyers.

17:57 Tue 10.09.24 100

Advocacy

Everyone deserves protection, the Bar fulfills this requirement of the Constitution

The formation of the opinion in society that lawyers somehow choose their clients incorrectly because some people are not worthy of defense is a very dangerous phenomenon for the state. In the future, our enemies can use it against Ukraine.

13:44 Tue 27.08.24 171

Advocacy

The peculiarities of publishing decisions of the QDCB were explained by the BCU

According to the Law on Access to Public Information, managers of such information are obliged to publish the acts they adopt. At the same time, the decisions made by the qualification and disciplinary commissions of the bar contain both attorney-client privilege and personal data.

16:31 Tue 20.08.24 123

Advocacy

Public perception of the role of lawyers is a global problem, - V. Gvozdiy

«Statements and actions that undermine confidence in the independence of the legal profession and potentially threaten the safety of lawyers ultimately undermine confidence in the entire justice system and the rule of law. No lawyer should be attacked for doing their job».

16:27 Mon 19.08.24 126

Advocacy

UNBA comments on lawyers' «interference» in mobilization processes

Recently, after another scandal, the Volyn Regional Territorial Center for Recruitment and Social Support stated that lawyers should not interfere with the processes of mobilization and military medical examination. The statement has already been commented on by the National Bar Association of Ukraine.

17:37 Fri 16.08.24 153

Advocacy

HCJ engages Valentyn Gvozdiy to develop measures to ensure judicial independence

Valentyn Gvozdiy, Vice President of the Ukrainian National Bar Association and the Bar Council of Ukraine, was appointed to the working group on the development and implementation of measures to ensure the independence of judges and the authority of justice.

13:21 Wed 07.08.24 368

Advocacy

Use of legal remedies is not pressure – BCU

Lidiya Izovitova, the President of the UNBA, BCU appealed to the Prosecutor General's Office and the Council of Prosecutors of Ukraine regarding the inadmissibility of pressure on lawyers who use legal means of defense in the framework of providing legal aid.

14:17 Thu 01.08.24 177

Advocacy

The Council of Europe supports the development of UNBA

The Council of Europe Office in Ukraine will provide all possible support for the development of the Ukrainian National Bar Association and its initiatives for the benefit of Ukrainian society.

12:47 Wed 17.07.24 271

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

Оберіть файл