November-December 2013

Ministry Issues State Control Measures over Use of Intellectual Property

On 1 November 2013, Ministry of Education and Science of Ukraine (the "Ministry") Order No.1355 (the "Order") came into force. The Order approved an exhaustive list of questions (i.e., a checklist) for the purpose of conducting the scheduled measures of state control over the use of intellectual property (the "IP").

In particular, while conducting the scheduled measures of state control over IP use, inspectors of the State IP Service will primarily check whether IP use violations discovered during previous inspections have ceased.

Additionally, business entities will be checked to ensure that they have the following documents on file:

  • documents confirming their legal entity or private entrepreneur status;
  • documents confirming the title or right to use their premises;
  • license agreements, copyright agreements and any other documents regarding their right to use, reproduce, rent, lease and/or distribute the intellectual property in question;
  • an appointment order issued by the person who is responsible for the use of hardware, audio and video equipment;
  • documents regarding the quantity of hardware, audio and video equipment recorded on the business entity's balance sheet (i.e., tangible assets);
  • documents containing the list of software recorded on the business entity's balance sheet (i.e., intangible assets); and
  • accounting documents regarding the calculation and payment of remuneration (i.e., royalties) for IP use.

The checklist includes 23 special questions that apply to the laser sensing system disks and matrices manufacturing business. Generally, these special questions deal with organisational, accounting and technical requirements, as well as requirements with respect to the IP rights verification procedure.

Moreover, the Order approved a master form of the IP laws compliance inspection certificate, as well as a master form of the improvement notice.

It needs to be finally pointed out that depending on the degree of risk involved in conducting business activity connected with the IP use high, medium or small the scheduled measures of state control over IP use may be carried out no more than once a year, once every three years or once every five years, respectively.

For further information please contact
partner Oleksandr Padalka and associate Oleg Klymchuk

© Asters 2013
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