Practical application of the new Rules of Procedure of the National Intellectual Property Authority’s Appeals Chamber that were introduced in May

Partners of Doubinsky & Osharova Michael Doubinsky, Tetyana Shpakovich and Victoria Sopilnyak took part in a discussion organized by the National Association of Patent Attorneys of Ukraine that was focused on the practical application of the new Rules of Procedure of the National Intellectual Property Authority’s Appeals Chamber that were introduced in May.

The discussion was focused on the following issues:

  • the procedure for submitting evidence and requirements for evidence;
  • changes related to objections against the National Intellectual Property Authority’s decisions;
  • opportunities and peculiarities of consideration of objections filed by persons who have filed objections (oppositions) to the registration of a TM;
  • possibilities and peculiarities of recognition of rights to an invention (utility model), industrial design as invalid by the Appeals Chamber;
  • the procedure for recognizing TM as well known.

Victoria Sopilnyak was one of the speakers at the event and in her presentation "Objection against decisions of the National Intellectual Property Authority - what's new?" paid attention to the following important practical aspects:

  • types of objections to file with the National Intellectual Property Authority;
  • peculiarities of procedures of submission and consideration of objections to the application and objections to the NIPA’s decision;
  • terms of consideration of objections;
  • objections to the NIPA’s decision: old and new rules of law;
  • what should be the evidences submitted for consideration of objections;
  • which aspects of the procedure remain uncertain and problematic.
See also