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History
The Department was established according to the Decree of the Cabinet of Ministers of Ukraine “On Establishment of the State Department of Intellectual Property” No 601 of April 4, 2000 as state-run governmental body within the Ministry of Education and Science of Ukraine.
In accordance with the Decree of the President of Ukraine “On Organizational Changes in the Structure of Central Executive Authorities” No 1572 of December 15, 1999 the Cabinet of Ministers of Ukraine issued the Resolution “On Approval of the Regulations on the State Department of Intellectual Property” No 997 of June 20, 2000 .
In connection with the new organizational pattern of regulation in the field of intellectual property all previously issued documents had become invalid. The new order of the Department and every subdivision thereof has been established by the Regulations on the State Department of Intellectual Property the Cabinet of Ministers of Ukraine approved by its Resolution of June 20, 2000 (hereinafter referred to as – “the Regulations”).
When carrying out its activity the Department is governed by the Constitution of Ukraine, Laws of Ukraine, Acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, the Regulations as well as Orders of the Ministry of Education and Science of Ukraine.
According to the Regulations the major tasks of the Department are:
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to ensure, within its competence, realization of the state policy in the field of intellectual property;
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to forecast, to evaluate prospects and to outline priority directions of development in the field of intellectual property;
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to make organizational efforts on supporting the protection of rights to intellectual property objects.
The Department is realizing, within its authorities, the uniform policy on economical, financial, scientific and technical as well as investment issues and elaborating proposals on its improvement based upon the results of analyzing the national intellectual property protection system’s activities.
The terms of reference of the Ministry on Education and Science of Ukraine cover management of enterprises’ and institutions’ property. Such property management falls under the Department competence as well.
Besides, the Department is to ensure, within its authorities, execution of legislative acts and exercise regular control over its implementation. The Department’s specialists elaborate proposals on improving legislative regulation in the field of intellectual property and introduce them before the Minister of Education and Science.
The Department should also ensure the proper functioning of the system of examining applications for intellectual property objects and participate in any activity aimed at improvement of the registration, reporting and state statistics in the field of intellectual property.
The Department is empowered to establish the procedure for the state certification of activities in the field of intellectual property as well as to provide the state registration and keeping State Registers of this field’s objects.
As regards the right to legal protection of the latter ones the Department issues protective documents and registers agreements on transfer of such rights in accordance with the procedure established therefor.
Besides, the Department performs the following functions:
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coordination of activities on transferring rights to intellectual property objects including those being created in whole or in part at the expense of the state budget;
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management of considering applications and complaints with regard to issuing protective documents on intellectual property objects as well as other appeals of natural and legal persons on any issues concerning intellectual property;
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coordination of efforts on informational supporting any activity in the field of intellectual property, provision of normative-methodical management in this field as well as gathering the national patent file;
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introduction, in accordance with the established procedure, proposals on Ukraine’s participation in activities of international organizations on intellectual property before the Ministry of Education and Science of Ukraine, accomplishing international cooperation as well as participation in preparing and signing international agreements on intellectual property issues;
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activities on training and retraining of specialists in intellectual property issues, etc.
For the purposes of effective activity in the field of intellectual property protection the Department is entitled to get any specialists out of executive bodies, enterprises, institutions and organizations to take part in considering any issues falling within its competence as well as in performing supervision and carrying out checks and inspections on any questions it is authorized to settle.
The executive bodies, Council of Ministers of the Autonomous Republic of Crimea, institutions of local governing, the Academy of Sciences , enterprises and other organizations are, in their turn, obliged to provide, in accordance with the established procedure, the Department with any information critical to performance of tasks imposed thereon.
The Department’s terms of reference cover holding conferences, seminars and meetings on intellectual property issues as well.
In the course of performing its tasks the Department cooperates, in accordance with the established procedure, with the Council on Science and Scientific and Technical Policy under the President of Ukraine, central and local executive bodies, the National Academy of Sciences, other Academies of Sciences, the Council of Ministers of the Autonomous Republic of Crimea, institutions of local governing as well as with corresponding bodies of other states.
The Department is headed by the Chairman – a member of the board of the Ministry of Education and Science, which can be assigned or dismissed by the Order of the Cabinet of Ministers of Ukraine at the suggestion of the Minister of Education and Science.
The same procedure of appointment or dismissal is provided for all three Deputies Chairman under agreement with the Chairman. The Chairman of the Department assigns obligations to every Deputy Chairman on his own.
The basic functions of the Chairman of the Department are:
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to carry out management of the Department activities, to bear responsibility to the Cabinet of Ministers of Ukraine and the Minister of Education and Science for performance of tasks imposed thereon;
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to assign or to fire unit managers and other officers of the Department except Deputies Chairman;
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to establish the extent of responsibility for Deputies Chairman and managers of units within the Department structure;
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to take disciplinary actions against unit managers and other officers of the Department except Deputies Chairman;
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to sign administrative-organizational orders issued within the Department competence and to manage checking their execution;
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to approve Provisions on units within the Department structure.
The Minister of Education and Science is to approve the maximum manning level and the structure of the Department based upon the maximum number of Ministry officers established by the Cabinet of Ministers of Ukraine.
The Chairman of the Department is to approve the manning schedule and the budget previously agreed with the Ministry of Education and Science as well as with the Ministry of Finance of Ukraine . At the same time the terms and rates of remuneration for the Department personnel fall within competence of the Cabinet of Ministers of Ukraine.
According to the Regulations the Department is a legal entity having own accounting, the official seal with the State Emblem of Ukraine thereon and its specific name.
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