Restrictions on access to registries should not violate the rights of third parties
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
Guarantees of the practice of law
Proceedings opened following attack on advocate in Dnipro
The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.
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
Identifying an advocate with a client is a blow to justice, — V. Gvozdiy
By defending individuals in criminal proceedings, advocates are in fact fighting for every person's right to a fair trial. Therefore, any identification of an advocate with their client is a blow not only to the profession, but also to justice itself.
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».
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