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
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Self-government
BCU has identified 12 areas for implementing the Roadmap for advocacy
During its meeting on December 12, the Bar Council of Ukraine considered the Roadmap on the Rule of Law, approved by Order of the Cabinet of Ministers of Ukraine No. 475-r dated May 14, 2025. The document provides for the development and adoption of a draft law on improving the legal regulation of advocacy by the fourth quarter of 2026.
Guarantees of the practice of law
The UNBA presented a report on violations of advocates' rights in the TCC
The Committee for the protection of advocate's rights and guarantees of legal practice of the UNBA has prepared a consolidated report on violations of advocate's professional rights and guarantees of legal practice by territorial recruitment and social support centers for the period from 2022 to the first half of 2025.
Self-government
Statement by the UNBA Committee regarding manipulative journalistic material
Statement by the UNBA Committee on information policy and interaction with the media regarding manipulative journalistic material aimed at discrediting the advocacy institution.
Greetings
Congratulations on the anniversary of the establishment of the Ukrainian National Bar Association
November 17 marks the thirteenth anniversary of the establishment of the Ukrainian National Bar Association, a professional self-governing organization that has united advocates from all regions of the country into a single independent institution.
Guarantees of the practice of law
10 changes necessary for the implementation of the Convention on the protection of the profession of advocate
Most of the standards enshrined in the Convention on the protection of the profession of advocate have already been implemented in Ukrainian legislation. At the same time, in order to ensure a higher level of guarantees for the independence of advocacy, certain amendments should be made to the codes and the relevant law.
Guarantees of the practice of law
L. Izovitova: today advocacy maintains its independence and fights for guarantees for the profession
The Ukrainian advocacy remains an independent, constitutionally recognized institution of justice, which, in the conditions of war, has not only retained its subjectivity, but also consistently fights for guarantees to protect the profession.
Access to the profession
For candidates for the advocate: BCU has reminded them of the rules for crediting teaching experience
For the purposes of admission to the qualification exam, a candidate's work in scientific and teaching positions may be counted as experience in the field of law only if the position requires legal education.
Publications
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
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences