Theory and practice of intellectual property
№ 5 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/52018.160777

Published      2018-10-29

On the issue of the improvement of regulatory and legal support of the patent attorneys’ activities in Ukraine

Olena Orlyuk
Ukraine

Abstract
This article is dedicated to the improving the legal and regulatory issues of the work of patent attorneys in Ukraine. Taking into account selected by Ukraine European direction of the development, it is necessary to create a civilized intellectual property market, there is also a need to resolve issues that arise in connection with the work of patent attorneys in Ukraine at the legislative level. The article emphasizes the need to borrow European experience in this field. On the basis of the analysis of the norms of European legislation and the legislation of some European countries in the field of regulation of the work of patent attorneys, a number of proposals have been developed to improve the norms of the national legislation. The article’s approach to the regulation of the work of patent attorneys in Ukraine will allow taking into account European standards and best international practices in this area. The analysis also gives grounds to say that as a result of the development of European integration processes, there appeared two new specialties: European Patent Attorney and European Trademark Attorney. The high requirements for both professions should be taken into account as a model to which Ukraine should join, developing its own approaches in the field of carrying out professional activities by patent attorneys. In the article it is claimed that national legislation must include the model and qualification requirements to be met by a candidate for the profession of a patent attorney. It is necessary to provide the obligatory periodic reporting, provide certain information about the activity of the patent attorney, confirming the level of qualification.

Keywords: patent attorneys, European Trademark Attorney, national intellectual property protection system, professional ethics