Industrial Design

Transfer of rights for the use of industrial design, sale of industrial design

The right to use the industrial design shall be transferred by concluding an agreement between the owner of the industrial design and an interested party. Such agreement shall provide for the unimpeded use of the industrial design and putting it in the commercial use by an interested party. During the period of validity of the agreement an interested party becomes the sole user of the industrial design. Such type of the agreements may not require state registration. Preparation of such agreements takes up to two days from the moment of receipt of all necessary information on the parties to the agreement.

Sale of the industrial design shall be completed based on the agreement between the owner of the industrial design and an interested party. An agreement on transfer of rights on the industrial design requires obligatory state registration and issuance of the Annex to the Patent for the industrial design. After receipt of the Annex to the Patent for the industrial design, an interested party becomes the new owner of the industrial design, is receives all the rights and obligations pursuant to the applicable laws of Ukraine.

Registration of rights for industrial design

Industrial designs are registered with the State Department of Intellectual Property of Ukraine (the SDIP). During the industrial design registration process a formalistic expert examination takes place. The formalistic expert examination includes verification of the industrial design compliance with Article 5 of the Law of Ukraine "On Protection of Rights on Industrial Design". The period for expert examination may last up to half a year, although the industrial design is being legally protected from the very submission of the respective documents to the State Patent of Ukraine.

Industrial design objects include a form, picture, or color image or their combination which determine the exterior of the industrial product and are aimed to satisfy the esthetic and ergonomic needs. The scope of the legal protection provided is determined by the array of key characteristics of the industrial design presented on the image(s) of the product, filed with the Registry. Interpretation of the industrial design is done within its description.

During the industrial design registration you need to answer the following questions:

Owner of the industrial design. The owner of the industrial design may be recognized either as individual or legal entity. Depending on the owner of the industrial design, the set of the respective documents is being submitted to the State Patent of Ukraine (the SPU). Should the owner of the trademark be an individual, the following information is submitted — full name, address details as registered, and address details for future correspondence. Should the owner of the trademark be a legal entity, the following information is submitted — full name, registered address detailed (as indicated in the Certificate of Registration or any equivalent document), information of the Director (e.g. CEO, etc.) of the legal entity, code under the Unified State Register of Enterprises in Ukraine (if any), and address detail for future correspondence.

Image of the industrial design. For the purposes of industrial design registration, the respective image of the trade mark is required in color in the electronic form. In particular, general visual appearance, view of the industrial design from the top, bottom, and from the side.