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Ministry of economic development and trade of Ukraine

 
[16.03.2015]  Information Notice 
 

Information notice
on prior use concerning the goods, with regard to which
a decision on suspension of their customs clearance was taken, published in the fulfillment of the Order of
the Vice-Prime-Minister of Ukraine – Minister of Culture of Ukraine
Viacheslav Kyrylenko from 04.03.2015 6885/1/1-15


In accordance with item one of Article 22 of the Law of Ukraine “On Protection of Rights to Industrial Designs” any person, who before the date of filing an application with the Office or, if priority has been claimed, before its priority date has in interests of his activity used in a good faith in Ukraine an industrial design applied for or carried out a considerable and serious preparation to such a use, retains the right to a free of charge continuation of this use or to the use of the industrial design as this was contemplated by said preparation (right to prior use).

Establishment of the fact of prior use right existence concerning the goods, with regard to which a decision on suspension of their customs clearance was taken, is beyond the scope of powers of customs authorities.

Article 27 of the Law determines that only courts shall resolve disputes on prior use right.

The mentioned provisions of the Law concern any persons determined in Article 1 of this normative act (natural person or legal entity).

 

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