Firm patent agent of the Ukraine. Registration of trade mark, the registration of trade mark, the registration of trade marks, the registration of trade mark, the registration of trade marks, the registration of commercial signs, to register trade mark, to register commercial sign sign for the goods and the services in the Ukraine
The right of property of the industrial standard is
confirmed by patent.
The object of industrial standard can
be form, figure, coloring or their combination, which determine the exterior view (design) of
industrial goods and they are intended for the satisfaction of
aesthetical and ergonomic needs. The practice of patenting - the
state registration of industrial standards in the territory of the
Ukraine showed that the most extended patented industrial standards
are different kind the labels, the packing, material for their
production, which are used in food, tobacco, pharmaceutical and other
branches of industry.
Industrial standard in those forms, about which we speak (label,
packing, material for their production) in its functions it is very
close to the sign for the goods. By its exterior view it is
called to assign user precisely on your goods and
to fix in his memory of the special feature of your
production.
We present to your attention the enumeration of industrial
goods, rights to which it is possible to protect with the aid of the
state registration - obtaining patent on the industrial standard:
products;
the objects of clothing and haberdashery articles;
road things, cases, umbrellas and personal adaptations;
brush articles;
textile piece articles, piece and natural sheet
materials;
furniture;
everyday things;
working tools and iron (metallic) articles;
packing and container for transportation or
carrying-over of goods;
hours and other measuring, checking and signalling
devices;
hours and other measuring, checking and signalling
devices;
adornment;
the transporting or lift means;
equipment for the production, the distribution or
converting the electric power;
equipment for the connection, the record or the
transmission of information;
machine;
photo- and motion-picture equipment, optics;
musical tools;
printed and office machines;
office supplys and adaptation, adaptation for the skill
and the instruction;
commercial and advertising equipment, signboard;
game, toy, tent and sport goods;
weapon, pyrotechnic articles, fishing and the
destruction of insects;
equipment for the flood of liquids, sanitary, warming,
ventilation and air-conditional equipment, solid fuel;
medical and laboratory equipment;
building blocks and the elements of constructions;
illuminating equipment;
tobacco and smoking adaptations;
pharmaceutical and cosmetic articles, toilet things and
adaptation;
device and equipment fire-prevention, for safety
engineering and for the rescuing;
objects for care and content of animals;
machine and device for the preparation of food or
beverages.
Services, tariffs and the duty
Minimum sum of the expenditures, connected with
the supply of claim for the delivery of the patent of the Ukraine for
the industrial standard:
For legal and physical persons of the Ukraine (grn.)
For legal and physical persons RF (i)
State collection for the supply of claim, which
contains 1 version of the industrial standard
25
5
For the publication about the delivery of patent
for the industrial standard, for each type of industrial standard in
the black and white image
20
4
For the publication about the delivery of patent
for the industrial standard, for each type of industrial standard in
the colored image
35
7
For the delivery of patent for the industrial
standard
17
3
State collection after maintenance in action of
the industrial standard:
in 1 yr
15
3
in 2 years
15
3
in 3 years
20
4
in 4 years
20
4
in 5 yr
25
5
in 6 yr
30
6
in 7 yr
40
8
in 8 yr
55
10
in 9 yr
55
10
in 10 yr
60
11
in 11 yr
50
10
in 12 yr
50
10
in 13 yr
100
20
in 14 yr
100
20
in 15 yr
100
20
Payment of services PF OF "EDNIST"
Primary system-structure analysis of industrial
standard to the correspondence to the criteria of its
okhranosposobnosti (law of the Ukraine "about the protection of rights
to the industrial standards")
Classification of industrial standard in accordance with
the international classification of the industrial standards
Patent- information search according to the base of the
patented industrial standards in the territory of the Ukraine
Adoption of warrant patent agent from the applicant of
the industrial standard
Composition and the formulation of the materials of
claim for the delivery of the patent of the Ukraine for the industrial
standard (1 version):
the development of essential it is indicative the
industrial standard
the fulfillment of describing the industrial
standard
correction and the fulfillment of the graphic
materials
the composition of statement to the delivery of
patent for the industrial standard
Conducting office management and correspondence with the
patent department in the process of examining the claim for industrial
standard before obtaining of the patent
Obtaining and the delivery of guarding document (patent
of the Ukraine for the industrial standard)
from 1200
from 230
The additional information
By one claim for industrial standard, there is
the possibility to patent several versions of your production, when is patented the exterior
view of the articles, which relate to one functional group, to one
class of the international classification of industrial standards
(MKPO), similar on the totality it is indicative and have differences
in the unessential signs, which are received visually. For
example - several packing packets, which differ from each other in
terms of the color, verbal and other insignificant elements. The
state duty for the supply of claim for the delivery of patent for the
industrial standard the "complete set of packing packets for the
pelmeni (5 versions)" will comprise: 46,0 grn. But if we each packet record as sign for the goods
and the services (that also make the important companies), then
minimum state duty will comprise: 1020,0 grn. as each
sign, i.e. 5100,0 grn. for all
versions. Difference is obvious.
The relative rapidity of obtaining guarding document is one of
the advantages of the patenting of industrial standards. The
procedure of obtaining guarding evidence on sign for the goods and the
services is achieved in the course of two years (approximately), if
the future owner of sign did not use the official procedure of the
accelerated examination. Patent for the industrial standard,
possibly, to obtain in the course of several months.
On 1 January, 2004, entered the force several laws of the
Ukraine, which are concerned taxation. Changes in the rate of
income from the physical persons (the income tax) and order of its
payment lets possibility enterprises - the patentees for the
industrial standards pay out author's rewards to the group of the
physical persons (to authors of industrial standard) paying only one
tax from the income of the physical persons. It would be desirable to arrange accents on some positions of
the law of the Ukraine «bout the tax from incomes of physical persons»:
Clause 4. The general taxable income
4.2. The general monthly taxable income. In structure of the general monthly taxable income join:
4.2.2. Incomes of sale of objects of the rights of the intellectual (industrial) property;
incomes in the form of the sums of the award, other payment for granting of the right to using or the order to other persons a non-material active (products of a science, art, the literature or other non-material actives) (further - a royalty),
including received by successors of the owner of such non-material active;
4.4. The base (object) for charge of gathering to the Pension fund of Ukraine or payments in funds of obligatory state social insurance of citizens is wages of the payer of this tax. (but not awards!)
9.4. The taxation of a royalty
9.4.1. The taxation of a royalty is carried out by the rules, established by item 9.3 of this clause for the taxation of dividends, without application of norms of subitem 4.3.17 of item 4.3 of clause 4 of this Law.
9.4.2. Residents can charge a royalty only in connection with use by the tax bearer of the right to the intellectual (industrial) property, registered according to the law.
The analogous points of law existed also in the old
editorial staff, with exception of the rate of the income tax.
According to the obsolete legislation the author's rewards (in
this publication speech it goes about the authors - the physical
persons of industrial standard) were assessed the existing rate of the
income tax on the specific grid, i.e., the greater the sum of reward,
the higher the tax and plus to this the income tax was paid out in the dual size. Now -
these are rigid rate in size of 13 %. but is the most pleasant - this
is the payment of author's rewards without the deductions for all
possible funds (in Vol. h. pension 32 %) and reference of such
payments to the gross expenditures of enterprise, which, naturally,
decreases the tax by the profit. The sums of author's rewards
are determined in the agreement of the transfer of the rights of the
authors to enterprise - patentee for the industrial standard.
The authors of industrial standard can be both workers of
enterprise - the owner of rights and those, who do not work at the
enterprise. This is is one additional occasion to have rights to
the industrial standard. Thus, patenting on industrial standard gives its owner several
advantages, one of which - the right of the patentee to make and to
realize the patented article. But it cannot be forgotten that
the volume of the lawful protection, which is allowed to industrial
standard, is determined by the totality of essential it is indicative
concrete article - industrial standard, depicted on the photographs of
article (its mock-up, figure), i.e. - form, figure or coloring
or their combination, if we speak more simply - the exterior view of
article. At the same time the volume of rights to the sign for
the goods and the services is determined by the
image of sign and by the enumeration of goods and/or services, for which is registered the sign. Specifically,
sign is intended for marking of the prepared goods, for which it is
registered, in the packings of goods, in the advertisement, printed
publications on the signboards, in the prospectuses, calculations, on
the forms of another documentation, connected with the introduction of
goods and services into the economic revolution. It is necessary
to again note that in accordance with the legislation of the Ukraine,
one and the same object can obtain lawful protection as industrial
standard, so also sign for the goods and the services.
the
patenting of the industrial design
products;
