(213)             Regarding Industrial Property Protection
                                  in Ukraine

   The following announcement of Ukraine was furnished by the World 
Intellectual Property Organization of Geneva, Switzerland.

                        ANNOUNCEMENT ON THE PROVISIONAL
                        REGULATION CONCERNING THE LEGAL
                       PROTECTION OF INDUSTRIAL PROPERTY
                                  IN UKRAINE

   The President of Ukraine, by his Decree of Sept. 18, 1992, approved
the Provisional Regulation on Legal Protection of Objects of Industrial
Property and Rationalization Proposals in Ukraine ("Regulation"). The
Regulation entered into force on Sept. 18, 1992.
   The situation of industrial property protection in Ukraine, as
resulting in particular from the transitional provisions of the
Regulation, is summarized below.
   
I. The Transitional Provisions Concerning Priority and, in Respect of
Applications for Patents of Inventions, the Carrying Out of Examination

   (1) Any priority claimed within six months from the entry into force of
the Regulation, i.e. until Mar. 18, 1993, on the basis of the first
filing in a State party to the Paris Convention for the Protection of
Industrial Property, will be recognized even if it is claimed after
twelve months from the first filing in the case of patents for
inventions, or six months from the first filing in the case of
industrial designs or trademarks, provided that it is claimed not later
than twenty-seven months from the first filing in the case of patents
for inventions, or not later than twenty-one months from the first
filing in the case of industrial designs and trademarks.
   (2) The applicant or any other person may submit to the State Patent
Office of Ukraine within five years from the filing date a request for
the substantive examination of an application for a patent for
invention. The request must be accompanied by a search report
established by an International Searching Authority under the Patent
Cooperation Treaty (PCT) or an organization registered with the State
Patent Office of Ukraine as a Searching Authority, or by evidence that
an action to grant a patent has been taken by a Patent Office which has
a substantive examination system for granting patents.

II. Applications for Industrial Property Rights Filed with the Patent
Office of the Soviet Union
   
   (3) An applicant of an application for a patent for invention,
for an inventor's certificate, for an industrial design patent or
certificate or for a trademark certificate filed with the Patent Office
of the Soviet Union may request the State Patent Office of Ukraine
within six months from the date of entry into force of the Regulation,
i.e., until Mar. 18, 1993, that the said application be further
processed according to the Regulation. The request must be accompanied
by a copy of said application, including a copy of the request showing
the filing date as sent back by the Patent office of the Soviet Union to
the applicant, and by any available evidence showing that the said
application still had effect on Dec. 24, 1991. The filing date and any
priority date of the said application will be maintained.
   
III. Industrial Property Rights Granted by the Patent Office of
the Soviet Union

   (4) Patents for inventions, industrial design patents and trademark
certificates granted by the Patent Office of the Soviet Union prior to
Dec. 25, 1991, will, after their registration by the State Patent Office
of Ukraine at the request of the owner and upon furnishing of a document
for payment of the prescribed fee (see paragraph (11), below), be
considered as having the same effects for the remaining period of their
validity as a patent for invention, industrial design patent or
trademark certificate granted in accordance with the Regulation by the
State Patent Office of Ukraine. The duration of the said validity is 20
years from the filing date of the application in the case of a patent
for invention, 15 years from the filing date of the application in the
case of an industrial design patent and, in the case of a trademark
certificate, 10 years from the filing date of the application (if the
period of validity of the certificate had not yet been extended by Dec.
24, 1991) or from the date of the request for extension of the period of
validity (if the period of validity of the certificate had already been
extended by Dec. 24, 1991). The request must be filed within six months
from the date of entry into force of the Regulation, i.e., until Mar.
18, 1993, and must be accompanied by a copy of the patent or certificate
granted by the Patent Office of the Soviet Union.
   (5) As regards inventors' certificates and industrial design
certificates granted by the Patent Office of the Soviet Union in
relation to which a 20-year term in the case of inventions, or a 15-year
term in the case of industrial designs, both counted from the filing
date of the application, has not expired before the entry into force of
the Regulation, i.e., prior to Sept. 18, 1992, the State Patent Office
of Ukraine will grant, at the request of the inventor (inventors) and
with the consent of the applicant, a Ukrainian patent to the inventor
himself, or to any other physical or legal person, with their consent,
indicated in the request, or to the Ukrainian Inventions Foundation. In
the case of inventions, if the said request is not made within the
period of one year after the entry into force of the Regulation, i.e.,
until Sept. 18, 1993, inventors' certificates granted by the Patent
Office of the Soviet Union shall be exchanged for Ukrainian patents
granted to the Ukrainian Inventions Foundation. Any Ukrainian patent to
which this paragraph applies will be valid until the expiration of 20
years from the filing date of the application in the case of inventions,
and 10 years from the filing date of the application, with an
opportunity of subsequent extension, upon request of the owner, but not
longer than for another 5-year period in the case of industrial designs.
   
IV. Effects in Ukraine of International Applications under the Patent
Cooperation Treaty (PCT)
   
   (6)(a) On Sept. 21, 1992, Ukraine deposited a declaration of
continuation the effect of which is that the Patent Cooperation Treaty
(PCT) is applied by Ukraine. Nationals and residents of Ukraine can
therefore file international applications, and Ukraine can be designated
and elected in international applications filed, from that date.
   (b) On Sept. 29, 1992, the Assembly of the PCT Union adopted,
with effect on Oct. 1, 1992, new Rules 32.1 and 32.2 in the Regulations
under the PCT, concerning the extension of international applications to
certain successor States.
   (c) For the purpose of determining the status of international
applications with respect to Ukraine, one has to distinguish between
   (i) international applications designating the Soviet Union whichwere
filed prior to Dec. 25, 1991 (see (d), below);
   (ii) international applications--irrespective of the designations, 
they contain--which were filed between Dec. 25, 1991, and Nov. 23, 1992 
(see (e) to (g), below);
   (iii) international applications designating Ukraine filed on or after
Sept. 21, 1992 (see (h), below).
   (d) As regards any international application whose international
filing date is prior to Dec. 25, 1991, and in which the Soviet Union has
been designated, the "national filing effect" of any such application
under Article 11(4) of the PCT will, pursuant to the deposit by Ukraine
of its declaration of continuation, be recognized in Ukraine (provided
that the internationalapplication has not lost its effect in the Soviet
Union by Dec. 24, 1991). The conditions under which any such
international application, or any patent or inventor's certificate
resulting therefrom and granted by the Patent Office of the Soviet
Union, may continue to have effect in Ukraine are the following:
   (i) if a patent for invention or an inventor's certificate has been
granted by the Patent Office of the Soviet Union on the basis of the
international application, the conditions described in paragraphs (4)
and (5), above, are applicable;
   (ii) if the applicant has entered the national phase before the Patent
Office of the Soviet Union but a patent for invention or an inventor's
certificate had not been granted by the Patent Office of the Soviet
Union without the application having been rejected by that Office, the
applicant must, until Mar. 18, 1993,
   --furnish to the State Patent Office of Ukraine a copy of the Russian
translation submitted to the Patent Office of the Soviet Union and any
available evidence showing that the application still had effect on Dec.
24, 1991,
   --file the request referred to in paragraph (3), above, with the State
Patent Office of Ukraine, and
   --furnish to the State Patent Office of Ukraine a document for payment
of the prescribed fee (see paragraph 11, below);
   (iii) if the applicant has not entered the national phase before before
the Patent Office of the Soviet Union and the time limit for entering
the national phase before that Office had not expired on Dec. 24, 1991,
the applicant must, until Mar. 18, 1993, furnish to the State Patent
Office of Ukraine a translation of the international application into
Ukrainian or Russian and a document for payment of the prescribed fee
(see paragraph 11, below).
   (e) As regards any international application whose filing date is
later than Dec. 24, 1991, and earlier than Nov. 24, 19921, its
effects may be extended to Ukraine (irrespective of the designations it
contains) through the performance by the applicant of the following acts:
   (i) filing with the International Bureau of the World Intellectual
Property Organization (WIPO) a request for extension;
   (ii) paying to the International Bureau of WIPO an extension fee of 185
Swiss francs, payable in Swiss francs.
   (f) The applicant in respect of each and every international
application referred to in (e), above, or his agent or common
representative if there is one, will receive a written notification from
the International Bureau of WIPO calling his attention to the fact that
he can, by filing a written requests for extension, extend the effects
of the international application to Ukraine. The notification will, in
particular, specify the modes of payment of the extension fee of 185
Swiss francs. the request for extension must contain the identification
of the international application by its international application
number. A form which may be used for the purpose of requesting the
extension to Ukraine will be attached to the notification. The request
for extension must be in English or French, and may be sent by telefax
or telex. The request for extension and the corresponding payment must
reach the International Bureau of WIPO before the expiration of three
months from the date of the notification sent by the International
Bureau of WIPO; if either the request or the fee is received later, the
request will be refused. It is recommended that applicants await the
notification from the International Bureau of WIPO and use the form
attached to it, but requests and payments may be made without waiting
for the notification from the International Bureau of WIPO.
   (g) If the conditions described in (e) and (f), above, are fulfilled,
Ukraine will be considered as having been designated in the
international application on its international filing date. For entering
the national phase before the State Patent Office of Ukraine, the
applicant must furnish to that Office a translation of the international
application into Ukranian or Russian and a document for payment of the
prescribed fee (see paragraph 11, below) until Dec. 31, 1993, or within
the following time limit if that time limit expires after Dec. 31, 1993:
   (i) before the expiration of 21 months from the priority date if Ukraine
is not elected under Chapter II of the PCT within 19 months from the
priority date;
   (ii) before the expiration of 31 months from the priority date if
Ukraine is elected under Chapter II of the PCT within 19 months from the
priority date.
   (h) As regards any international application whose international
filing date is later than Sept. 20, 1992, and in which Ukraine has been
designated, the applicant, in order to enter the national phase before
the State Patent Office of Ukraine, must furnish to that Office a
translation of the international application into Ukrainian or Russian
and a document for payment of the prescribed fee (see paragraph 11,
below) to that Office within the following time limit:
   (i) before the expiration of 21 months from the priority date if 
Ukraine is not elected under Chapter II of the PCT within 19 months from 
the priority date;
   (ii) before the expiration of 31 months from the priority date if
Ukraine is not elected under Chapter II of the PCT within 19 months from
the priority date.
   
V. Effects in Ukraine of International Registrations under
the Madrid Agreement Concerning the International Registration of Marks
   
   (7)(a) On Sept. 21, 1992, Ukraine deposited a declaration of
continuation the effect of which is that the Madrid Agreement Concerning
the International Registration of Marks is applied by Ukraine.
   (b) On Sept. 29, 1992, the Assembly of Madrid Union adopted, with
effect on Oct. 1, 1992, a new Rule 38 in the Regulations under the
Madrid agreement, concerning the effect of international registrations
in certain successor States.
   (c) Pursuant to the deposit of the declaration of continuation and to
the decision of the Assembly, certain international registrations may
have effect in Ukraine subject to the conditions described below. Those
international registrations are those which have territorial extension
to the Soviet Union effective from a date prior to Dec. 25, 1991.
   (d) The conditions referred to above are the following:
   (i) the filing with the International Bureau of the World Intellectual
Property Organization (WIPO) of a request;
   (ii) the payment to the International Bureau of WIPO of a fee, the
amount which is 62 Swiss francs per international registration.
   (e) The owner of each and every international registration concerned,
or his representative (if the owner has a representative whose name
appears in the International Register), will receive a written notice
from the International Bureau of WIPO calling his attention to the fact
that he can, by filing a written request, continue the effect of the
international registration to Ukraine. The notice will, in particular,
specify the modes of payment of the fee. The request must contain the
identification of the international registration concerned by its
international registration number. A form (in French) will be attached
to the notice and may be used. The request must be in English or French,
and may be sent by telefax or must reach the International Bureau of
WIPO before the expiration of six months from the date of the notice
sent by the International bureau of WIPO; if either the request or the
fee is received later, the request will be refused. Requests and
payments may be made without waiting for the notice of the International
Bureau of WIPO.
   (f) If the conditions described above are fulfilled, the
international registration concerned will, with respect to Ukraine, have
effect as from the effective date of the territorial extension to the
Soviet Union and benefit from any priority validly claimed in regard to
such extension.
   (g) For each international registration which has no territorial
extension to the Soviet Union or whose international registration date
is later than Dec. 24, 1991, protection in Ukraine can only be obtained
by filing, through the intermediary of the national Office of the
country of the owner, a request for territorial extension under Rule 20
of the Regulations under the Madrid Agreement. it is to be noted that
requests for territorial extension to Ukraine are possible at present.
   
VI. Prior User Right
   
   (8) Enterprises, organizations and institutions which have already
started to use inventions or industrial designs for which protection can
be obtained according to paragraph (5), above, prior to the entry into
force of the Regulation, i.e., prior to Sept. 18, 1992, will have the
right to a continued use of such inventions and industrial designs, but
without increasing the volume of their utilization.
   
VII. New Applications
   
   (9) From the date of entry into force of the Regulation, i.e. from Sept.
18, 1992, onward, applications for patents for inventions, for
industrial design patents and for trademark certificates can be filed
with the State Patent Office of Ukraine. The request as a part of the
application must be filed in Ukrainian and be accompanied on the filing
date by the prescribed fees. Other parts of the application may be
presented in Ukrainian or Russian. they may also be presented in
English, French or German, provided that a translation into Ukrainian is
presented upon request of the state Patent Office of Ukraine
   
VIII. Procedural Provisions
   
   (10) If an applicant does not have his ordinary residence or principal
place of business in Ukraine, he must authorize a representative in
Ukraine, and all applications and requests referred to in the present
announcement must be filed through the intermediary of such a
representative. The list of the persons who can act as representatives
is available at the State Patent Office of Ukraine.
   (11) The amounts of the fees which are referred to as "prescribed
fees" in the present announcement as well as the kind of document which
constitutes a "document for payment of the prescribed fee" will be
published in a separate announcement.
   
IX. Address of the Patent Office

    State Patent Office of Ukraine
    4, Karl Leibknecht Street
    252008 Kiev
    Ukraine
    Tel.: (7044) 293-2188
    Fax.: (7044) 268-2588

Dec. 11, 1992                                             DOUGLAS B. COMER
                                            Acting Assistant Secretary and
                                                    Acting Commissioner of
                                                    Patents and Trademarks

                                [1146 TMOG 680]

1With the exception of any such international application whose
international filing date is later than Sept. 21, 1992, and in which
Ukraine has been designated under Rule 4.9(a) of the Regulations under
the PCT: in such a case, the procedure described in (e) to (g) is not
applicable, and the procedure described in (h) is applicable. It should
be noted that only those international applications filed on or after
Sept. 21, 1992, can specifically designate Ukraine.