Ukraine is intensifying activities within the framework of the Regional Group of the Central European and Baltic States (CEBS) of WIPO, which aims at the development of the IP sphere, creative industries, educational activities, support for innovation within the member states, and cooperation with the World Intellectual Property Organization.

At the beginning of April, the pilot issue of the CEBS Newsletter: "CEBS Women" was released, which collected inspiring stories about women from the member states of the CEBS group; their world-changing achievements; statistics, and interesting facts.

For example, did you know that, according to UNESCO, Ukraine has a significant share of female scientists (45% against 28% on average worldwide), and in the Ukrainian IP Office, about 75% of employees are women?

Read this and much more in the quarterly CEBS Newsletter information bulletin. It also contains information about the results of the work of the regional group and the current situation of the IP sphere of the member states.

Key topics for 2023:

• women from CEBS member states: innovation and creativity,
• achievements in the field of industrial design,
• a brief overview of the creative industries,
• traditional knowledge, folklore.

In the CEBS Newsletter, you can also familiarize yourself with the projects and programs of the Division for Transition and Developed Countries of WIPO, which takes care of the member states of the CEBS group:

• IP training program for women entrepreneurs from local CEBS communities;
• Videogame Development: A Quest for IP, etc.

You can get acquainted with the issue of "CEBS Newsletter: CEBS Women" by following the links:

• The Twitter message of the Permanent Mission of Poland to the UN in Geneva,
• direct link to the release in PDF.

For reference:

In March 2022, Ukraine became a member of the Regional Group of the Central European and Baltic States (CEBS) of the World Intellectual Property Organization (WIPO).

CEBS currently has 19 participating countries: Albania, Bosnia and Herzegovina, Bulgaria, Georgia, Estonia, Latvia, Lithuania, North Macedonia, Moldova, Poland, Romania, Serbia, Slovakia, Slovenia, Hungary, Ukraine, Croatia, Czech Republic, and Montenegro.

Poland performs the role of Coordinator of the group in 2023.

Cooperation between all participants of the innovation process to create an innovation ecosystem in Ukraine and control over the processes by two professional organizations. The IP Office signed a memorandum of cooperation with ICC Ukraine.

Signatories: Head of IP Office Olena Orliuk, President of ICC Ukraine Volodymyr Shchelkunov and founder of IP Global Expert, Vice President for the innovative activity protection and technology transfer of ICC Ukraine Ihor Starodubov.

The document provides for the assistance of both parties for the following:

• creation of conditions for the development of the national innovation ecosystem in Ukraine;
• development of the IP sphere in Ukraine;
• creation of conditions for the development of innovative infrastructure;
• development of innovative entrepreneurship skills;
• raising the level of public awareness of IP and innovations;
• organizing and conducting joint activities in the field of intellectual property and innovation;
• interaction between all participants of the innovation process.

Joint work is essential for the reconstruction and further development of Ukraine, - stressed the Head of the IP Office, Olena Orliuk:

"We value ICC Ukraine as partners of a new level and will involve them in projects. In the 21st century, we must improve the IP culture and support business. Intellectual property in Ukraine should bring money to Ukrainians. And I hope that together we will implement all our goals."

Also, the Memorandum envisages the maximum involvement of specialists of both organizations in cooperation, exchange of experience, and promotion of practical solutions, as well as in choosing an effective form of IPR protection.

International practices, improvement of Ukrainian legislation, and what is necessary for the development of the innovative ecosystem of the state were discussed by the representatives of the IP Office and the Innovation Holding "Sikorsky Challenge," co-founded by the National Technical University of Ukraine "Igor Sikorsky Kyiv Polytechnic Institute."

Significant areas of work, according to the IP Office team, are:

• restoration of operation, support, and promotion of the TISC network (Technology and Innovation Support Center),
• providing information and advisory support to innovation ecosystem participants on the commercialization of intellectual and creative activity results,
• technology transfer,
• generalization of the international practice of application of legislation in the field of innovation and implementation of popularization measures for the development of the innovation system,
• development of proposals and improvement of normative-legal, methodological, and information-analytical support of innovations.

"National standards in the field of innovative activity, harmonized with European and international standards, will contribute to a high-quality and effective process of forming proposals for improving legislation. And the functioning of the TISC network and its further development will contribute to increasing the efficiency of innovative activities and IPR protection. This will also contribute to the growth of the creative industries sector, the formation of creative environments, and the concept of a creative economy," noted Ihor Parenchuk, Deputy Director of the IP Office.

In their turn, Igor Sikorsky KPI representatives suggested developing a special course on intellectual property management or an educational program for training specialists in technology transfer. Training such specialists will contribute to IP commercialization and the effective development of Ukraine's innovative ecosystem.

For reference:

"Sikorsky Challenge Ukraine" (SCU) is an open innovation ecosystem that unites the country's institutions interested in developing the Ukrainian innovation economy. These are universities, scientific institutions, state and local self-government bodies, business companies, foundations, and public organizations.

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• Support of innovation potential: meeting of the teams of the IP Office and the Ukrainian Startup Fund

The reconstruction of Ukraine is only possible with a technological and innovative approach, which is why the IP Office will make every effort to support inventorship. This was emphasized by Olena Orliuk, Head of the IP office, during a meeting with representatives of the Society of Inventors and Rationalizers of Ukraine.

"The development of Ukraine is impossible without relying on the innovative component, namely, inventors. We will contribute as much as possible to support inventorship in Ukraine with all the possibilities - expert, consulting, informational, technological, communicative, etc.," the Head of the IP Office emphasized.

The IP Office team discussed with representatives of the innovative community the priority directions and roles of the inventorship in innovation activity, especially in wartime, conducting training on working with patent search databases, and adding the profession of an inventor to the appropriate Classification of Occupations. The participants outlined the future directions of cooperation.

In particular, they will concern:

• mechanisms of support and stimulation of inventive activity;
• taking into account the international experience of supporting the creator, innovator, and rationalizer;
• issues of technical creativity actualization, primarily among young people;
• register of promising inventions;
• revision of patent form and patent research standards;
• state support for foreign patenting;
• problems and ways of solving "patent migration."

Representatives of Ukraine's Society of Inventors and Rationalizers handed over exhibits to the Museum of the State System of Legal IP Protection of Ukraine.

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• Support of innovation potential: meeting of the teams of the IP Office and the Ukrainian Startup Fund

The IP Office team, in collaboration with scientists and the professional community, developed a draft law on intangible assets subject to sanctions. Mykola Pototskyi, the adviser to the director of the IP Office, spoke about its norms during the IX International Intellectual Property Forum (IPF-2023).

"The draft law, which the IP Office has developed in joint efforts with scientists and the public, should solve the urgent issues of sanctioned intangible assets because, to date, there is only a Resolution of the Cabinet of Ministers by which we impose a moratorium on such actions. We have provided several blocks of norms in our draft law, which regulate relations related to conducting an examination and taking actions related to the disposal of such rights to objects that belong to persons associated with the aggressor state. We evaluate and propose to consider such actions as legal acts that contradict the interests of the state, society, and its moral principles," explained Mykola Pototskyi.

According to the adviser to the director of the IP Office, there are several options for what happens with applications for sanctioned intangible assets. They are considered revoked since such a legal act is deemed null and void. It is possible to challenge already issued protection documents based on such a condition in a court of law.

It is proposed to make a separate exception related to the extension of validity for the relevant IP objects since such objects can be transferred to the benefit of the state so that this property can become a source of income and compensation for the state of Ukraine in the future. That is, the validity of the rights can be supported, and legal acts can be committed which are related exclusively to the transfer of these objects in the order established by law for the benefit of the state of Ukraine.

PracticalTalk. "War&IP" with the participation of Mykola Pototsky, advisor to the director of the IP Office, within the framework of IPF-2023

Concerning objects belonging to persons under sanctions, we should talk about the Law of Ukraine "On Sanctions," which defines sanctions that may, in one way or another, relate to IPR.

"These are such types of sanctions as the blocking of assets and the prohibition of the transfer of technologies or IPR. Concerning blocking, we believe that applications related to sanctioned persons, which our office reviews, may fall under this sanctions model. Accordingly, when we receive the decisions of the National Security and Defense Council of Ukraine put into effect by the Presidential Decree, we block all actions related to such objects with such applications and protection documents. Furthermore, for this information to become publicly available and public, we have provided in our special information systems a possibility for any interested person to check whether there is a certain IPR object, whether it relates to the relevant objects that have been transferred to the management of the Asset Recovery and Management Agency (ARMA)," stressed Mykola Pototskyi.

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• The strategy for the IP sphere development must take into account the challenges of martial law, — Olena Orliuk

The IP development strategy for Ukraine must be updated in accordance with the challenges of wartime. Therefore, the document, developed before the full-scale invasion of the russian federation, must be updated. This was announced by the Head of the IP Office, Olena Orliuk, speaking at the IX International Intellectual Property Forum (IPF-2023).

"As a large community, we compiled a strategy for the IP sphere development, presented at the end of 2019. Now we understand that the IP development strategy must be updated, considering the impact of a full-scale war and an effort to solve Ukraine's challenges in the post-war recovery period. Therefore, we talked with the leadership of the relevant ministry that we will publish the strategy on our website in the 2019 edition. Also, most likely, we will offer an interim report from the IP Office on what has been fulfilled in Ukraine within the framework of this strategy as of now," explained the Head of the IP Office.

In addition, according to Olena Orliuk, the IP Office joined the process of working on and sending questionnaires to state institutions, judicial bodies, legal representatives, universities, scientific institutions, and subjects of innovative activity regarding the assessment of the impact of a full-scale war on the state of IP. This is done in cooperation with WIPO and their research to implement last year's resolution on Ukraine.

Another task of the IP Office related to a full-scale war is dealing with sanctioned assets.

"We have already held several meetings in this direction. We have signed a corresponding memorandum with the ARMA agency, which we are filling with specific content. And the question is that, technologically, we are working out mechanisms for database management that relate specifically to sanctioned assets. And we are also developing a position on how to manage such assets in terms of IP because, in Ukraine, this direction is basically terra incognita. And that's why we took up this problem," said Olena Orliuk.

Olena Orliuk, in the discussion "IP: Ukraine & Worldwide."

Also, the IP Office revised the policy regarding representation in court proceedings compared to how it used to happen. A draft of amendments to the regulations of the Appeals Chamber is being prepared for submission to the Ministry of Economy.

According to Olena Orliuk, the IP Office is making special efforts to change the image of Ukraine as a country in which IPRs are violated.

"We are now trying to prepare as much as possible for the process when Ukraine is restored after the Victory. In particular, regarding developing or improving legal mechanisms that Ukraine can present to protect IPRs. In the active position of the IP Office in training law enforcement officers in this area, including, for example, providing them with methodical recommendations, providing information support, consultation, and training. The Office is working on these areas and actively cooperating with business and legal representatives to improve rights protection. For us, the full-fledged launch of the IP Court is a fundamental issue because we consider it one of the necessary elements of effective protection of intellectual property rights in Ukraine," the Head of the IP Office emphasized.

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• Today, the IP Office has turned its face to science, education, and innovation, Olena Orliuk

The Ukrainian scientific community must be aware of and be able to commercialize its scientific and technical inventions. That is why the IP Office and the Taras Shevchenko National University of Kyiv are intensifying cooperation in scientific and educational activities and have signed a corresponding memorandum on cooperation. The document provides for the coordination of efforts in the IP sphere.

"Today's event is the result of many years of experience in productive relationships and the implementation of joint projects, including in terms of ensuring the effective activity of the Scientific and Educational Center for Intellectual Property at the Educational and Scientific Institute of Law," said the Head of the IP Office, Olena Orliuk.

The Memorandum outlines the following areas of cooperation:

• provision of high-quality training of specialists of various scientific and educational levels in the IP sphere and innovative activities;
• conducting joint fundamental and applied scientific research on current problems in the specified field;
• interaction in scientific-expert and scientific-consultative activities, IPR expertise;
• joint preparation, review, and release of scientific, educational-methodical, and practical publications; implementation of publishing and information activities;
• organizing and holding joint scientific, scientific, and practical events, including conferences, seminars, round tables, training, etc.

For scientists, the Memorandum is essential for creating a professional community and commercializing their inventions.

"The signed Memorandum aims to coordinate the efforts of the University and the Ukrainian National Office for Intellectual Property and Innovation in the field of legal IPR protection, technology transfer and commercialization of scientific research results, assistance in the development of an innovative environment, and professional training of specialists in this field." - stressed Rector of  Taras Shevchenko National University of Kyiv Volodymyr Bugrov.

The Memorandum of Cooperation between the State Organization "Ukrainian National Office for Intellectual Property and Innovation" (UANIPIO) and Kyiv National University was signed by the Head of the IP Office, Olena Orliuk, and the Rector of Taras Shevchenko National University of Kyiv, Volodymyr Bugrov.

Image courtesy: Taras Shevchenko National University of Kyiv

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• Today IP Office has turned its face towards science, education, and innovation, - Olena Orliuk

The approved draft law No. 6464 eliminates a gap in the legislation regarding the inclusion of imitations of Ukraine's Small State Coat of Arms in trademarks. Vladyslav Bilotskyi, Deputy Director of the IP Office, talked about one of the novations of the document voted by the Parliament.
 
According to him, the draft law, among other things, determines: the competent body that grants permission to include in trademarks an image imitating the small State Coat of Arms of Ukraine will be a collegial body formed by the National Intellectual Property Authority.

"Since draft law No. 6464 eliminated the corresponding gap in the legislation that existed for many years, the IP Office is starting to develop internal documents that will regulate the procedure for granting permits for the use of an imitation of the image of the Small State Coat of Arms of Ukraine in trademarks. The corresponding Commission of the IP Office will deal with the granting of the relevant permits, as well as the issues of including the name of the state "Україна", Ukraine, and the UA abbreviations. We plan to launch it within 2-3 months," explains Vladyslav Bilotskyi.

Vladyslav Bilotskyi, deputy director of the IP Office

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Strengthening the IPR protection in accordance with the norms of European legislation: Parliament adopted draft law No. 6464