On October 14, 2020, the Law of Ukraine “On Amendments to Certain Laws of Ukraine Concerning the Establishment of a National Intellectual Property Authority” of June 16, 2020 № 703-IX (hereinafter - the Law on NIS) came into force, which defines the powers of the National Intellectual Property Authority.
The Cabinet of Ministers of Ukraine by order of 13.10.2020 № 1267-r "On the National Intellectual Property Authority" determined that the state enterprise "Ukrainian Institute of Intellectual Property" (Ukrpatent) performs the functions of the National Intellectual Property Authority.
From 14.10.2020 in accordance with the Law on NOIV Ukrpatent exercises the following powers:
acceptance of applications, their examination, decision-making on them (industrial property);
acceptance and consideration of applications for state registration of copyright in works of science, literature and art, as well as for registration of agreements relating to the rights of authors to works, their registration;
state registration of inventions and utility models, issuance of patents for inventions and utility models;
state registration of industrial designs and issuance of certificates;
state registration of trademarks, issuance of certificates for trademarks;
state registration of geographical indications;
state registration of layouts, issuance of layouts certificates;
issuance of certificates of registration of copyright to the work;
recognition of industrial design rights as invalid in whole or in part;
invalidation of rights to inventions and utility models;
publication of official information on industrial designs, trademarks, layouts, geographical indications, inventions and utility models in the bulletin;
maintaining state registers;
providing extracts and extracts;
maintaining a database of trademark applications;
publication in the official bulletin on copyright and related rights;
training, certification and registration of intellectual property representatives (patent attorneys);
maintaining the State Register of Intellectual Property Representatives (patent attorneys);
informing and providing explanations on the implementation of state policy in the field of protection of intellectual property rights;
performing the functions of the "National Office" and the "Office" provided for by the Hague and Geneva Acts to the Hague Agreement Concerning the International Registration of Industrial Designs;
performing the functions of the "National Office" provided for in the Madrid Agreement Concerning the International Registration of Marks and the Protocol to the Madrid Agreement Concerning the International Registration of Marks;
performing the functions of the “International Searching Authority” and the “International Preliminary Examining Authority” in accordance with the Patent Cooperation Treaty;
implementation of international cooperation in the field of legal protection of intellectual property and representation of Ukraine's interests on these issues in the World Intellectual Property Organization and other international organizations in accordance with the legislation.
Also from 14.10.2020 the collegial bodies of Ukrpatent are:
- Appeals Chamber for consideration of objections against decisions on acquisition of intellectual property rights, applications for invalidation of intellectual property rights in whole or in part, applications for recognition of a trademark as well-known in Ukraine.
- Commission for coordination of issues on entering the designation containing the official name of the state "Ukraine" in the mark for goods and services.
- Attestation commission for attestation of persons who have expressed the intention to acquire the right to engage in the activities of a representative in the field of intellectual property (patent attorney).
- Appeals Commission for consideration of complaints of candidates for intellectual property representatives (patent attorneys) against the decision of the attestation commission and consideration of complaints for actions of intellectual property representatives (patent attorneys).
National Intellectual Property Authority