Verkhovna Rada of Ukraine voted for protecting trademark rights and combating patent trolling

Verkhovna Rada of Ukraine has adopted Law No. 2258 to enhance protection of trademark and design rights and combat patent trolls. Patent trolls are companies who register or buy patents for particular products and claim patent infringement / unpaid royalties by manufacturers of these products. Patent trolling is fairly common in USA and EU.

The Law provides for the reasons to refuse registration of a copied trademark or design and obligation to use online database of patent applications to prevent registration of plagiarisms. The Law also sets the procedure for provision of legal protection for trademarks internationally registered according to the Madrid system and upgrades punishment for infringement of patent rights.

As for designs, the Law provides for additional criterion for protection of non-registered designs, i.e. distinctiveness. The term of design rights is extended from 15 to 25 years. The type of protection document is changed from patent to certificate that may be cancelled by Appeals Chamber before court hearing (to combat patent trolling).

The Law goes into effect on the day following its publication in the Voice of Ukraine newspaper.

Source: RetailersUA