Date: 6 months ago   Category: Economy

In Ukraine "patent trolls" were brought - said "authorship" to bags and block export of walnuts


Registration of export of walnuts at the Odessa customs is complicated because of claims of owners of the registered useful models defining a way of packing of nuts when transporting.

is said About it in the statement of the Public fiscal service.

According to the legislation, the State Courier Service includes the objects of intellectual property right (OIPR) in the customs register on the basis of statements of the owners and security documents issued by the Ministry of Economic Development and Trade of Ukraine.

"Today the customs register contains 10 operating registration of objects of intellectual property right - the useful models defining a way of packing of walnut when transporting. It is obvious that signs of formulas of these useful models (transportation of nuts in bags (polymeric, paper or mesh, cardboard boxes, etc.)) are not new and a long time are public in the world that calls into question their patentability", - noted in the State Courier Service.

But now the listed patents work, belong to various owners and, according to the operating order, are included in the customs register which is maintained by the State Courier Service. The formal bases for refusal of the State Courier Service in such registration according to the current legislation are absent, emphasize in department.

So, on November 28, 2018 in the customs register were updated data on OPIS No. 002979 "the useful model "Tara from Cellulose Material for Transportation of Pumpkin Sunflower Seeds or Kernels of Walnuts" and No. 002980 "the useful model "Tara from Polymeric Material for Transportation of Walnuts or Their Cleaned Kernels" regarding introduction of information about exporters/importers of counterfeit goods.

"Came also on December 4, 2018 the statement of the representative of the owner on the mentioned OPIS in which the applicant claims that in a zone of activity of customs customs registration of goods "walnut" with violation of intellectual property rights on the specified OPIS a certain list of the domestic enterprises is carried out to the Odessa customs State Courier Service", - explained in department.

Became clear that from November 29 till December 4 carrying out customs inspection of the specified category behind 11 customs declarations from 46 presented to customs registration is initiated. In general 35 customs declarations are issued.

as a result the customs strengthened control of observance of requirements of the legislation in the sphere of intellectual property at implementation of customs registration of a certain category, including by customs inspection in case the documents submitted customs declarations and enclosed do not contain detailed information on observance of the rights of OPIS.

"Granting cases in the State Courier Service of statements for assistance to protection of property rights on OPIS which though have the security documents (patents for industrial samples and useful models) which are properly issued by authorized bodies, about take place recently

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