The Parliament rejected a bill on the mechanism to counter patent trolling

Парламент отклонил законопроект о механизме противодействия патентному троллингу

The Verkhovna Rada rejected the bill No. 5699 of improving the legal protection of intellectual (industrial) property. Online broadcast of the plenary meeting led the TV channel “112 Ukraine”.

For the document in different versions voted 135 and 190 deputies. To send the draft law for revision of the votes is also not enough.

According to the explanatory Memorandum, in Ukraine, due to loopholes in the law prevalent is the so-called “patent trolling”. We are talking about registration of industrial designs on well-known products with the subsequent demands payment of royalties for the use of these objects for commercial purposes.

It is noted that due to the lack of a mechanism to combat “patent trolling” is decreasing the investment attractiveness of Ukraine.

The bill is aimed at implementing European norms in Ukrainian legislation. In addition, the document provides for the introduction of an effective mechanism to combat “patent trolling” by the introduction of the procedure of administrative appeal issued certificates for industrial designs (“post-grant opposition”).

The document was presented by the Deputy Minister of economic development and trade Mikhail Tytarchuk.

“The draft law proposes the following novelties with respect to industrial designs: the possibility of filing applications in electronic form; a further criterion for eligibility, of an individual nature; provides legal protection of unregistered industrial designs; the period of eligibility for more than 25 years (now 15); changed view of the security document of the patent on the evidence and the possibility of pre-trial cancellation of the certificate of Appeal,” said Tytarchuk.

He stressed that the last of these norms is very important to combat so-called “patent trolling”.

We will remind, during the morning plenary session of Parliament on 4 September did not have enough votes to support the bill on the legal protection of inventions and utility models.

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