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    **LAW OF UKRAINE** **On Amendments to Certain Laws of Ukraine Regarding Intellectual Property Rights to Objects Created in Connection with Military Service** This Law shall define the peculiarities of the emergence of intellectual property rights to objects created by servicemen and defense forces volunteers during the period of military service or involvement in defense measures. **Article 1.** To amend the following legislative acts of Ukraine: 1. In the Law of Ukraine “On Copyright and Related Rights” (Vidomosti Verkhovnoi Rady (VVR), 1994, No. 13, Art. 64): 1. Article 7 shall be supplemented with paragraph 4 as follows: “4. The initial subject of copyright to a work created in connection with military service or under a contract of voluntary participation in defense measures shall be the author who created such work. Peculiarities of the exercise of property rights to a work created in connection with military service or under a contract of voluntary participation in defense measures may be established by other laws.” 2. Article 16 shall be supplemented with paragraph 6 as follows: “6. Property rights to a work created in connection with military service or under a contract of voluntary participation in defense measures shall belong to the author who created such work. Peculiarities of the exercise of property rights to a work created in connection with military service or under a contract of voluntary participation in defense measures may be established by other laws.” 2. In the Law of Ukraine “On the Protection of Rights to Inventions and Utility Models” (Vidomosti Verkhovnoi Rady Ukrainy (VVR), 1994, No. 46, Art. 431): 1. Article 6 shall be supplemented with paragraph 6 as follows: “6. The right to obtain a patent for an invention, utility model created in connection with military service or under a contract of voluntary participation in defense measures shall belong to the inventor who created such invention, utility model. Peculiarities of the exercise of property rights to an invention, utility model created in connection with military service or under a contract of voluntary participation in defense measures may be established by other laws.” 2. Article 28 shall be supplemented with paragraph 6 as follows: “6. Property rights to an invention, utility model created in connection with military service or under a contract of voluntary participation in defense measures shall belong to the inventor who created such invention, utility model. Peculiarities of the exercise of property rights to an invention, utility model created in connection with military service or under a contract of voluntary participation in defense measures may be established by other laws.” 3. In the Law of Ukraine “On the Protection of Rights to Industrial Designs” (Vidomosti Verkhovnoi Rady Ukrainy (VVR), 1994, No. 32, Art. 354): 1. Article 6 shall be supplemented with paragraph 6 as follows: “6. The right to obtain a patent for an industrial design created in connection with military service or under a contract of voluntary participation in defense measures shall belong to the designer who created such industrial design. Peculiarities of the exercise of property rights to an industrial design created in connection with military service or under a contract of voluntary participation in defense measures may be established by other laws.” 2. Article 22 shall be supplemented with paragraph 6 as follows: “6. Property rights to an industrial design created in connection with military service or under a contract of voluntary participation in defense measures shall belong to the designer who created such industrial design. Peculiarities of the exercise of property rights to an industrial design created in connection with military service or under a contract of voluntary participation in defense measures may be established by other laws.” 4. In the Law of Ukraine “On the Protection of Rights to Marks for Goods and Services” (Vidomosti Verkhovnoi Rady Ukrainy (VVR), 1993, No. 32, Art. 333): 1. Article 5 shall be supplemented with paragraph 5 as follows: “5. The right to a mark created in connection with military service or under a contract of voluntary participation in defense measures shall belong to the person who created such mark. Peculiarities of the exercise of property rights to a mark created in connection with military service or under a contract of voluntary participation in defense measures may be established by other laws.” **Article 2. Final Provisions** 1. This Law shall enter into force on the day following its publication. 2. The Cabinet of Ministers of Ukraine shall: within three months from the date of publication of this Law, bring its normative legal acts into compliance with this Law; ensure that ministries and other central executive bodies bring their normative legal acts into compliance with this Law. **President of Ukraine**

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    1. **Essence of the Law:** This law defines the specifics of intellectual property rights to objects created by military personnel during the performance of their official duties. It establishes that property rights to such objects as industrial designs, inventions, utility models, integrated circuit layouts, and works belong to the state, and personal non-property rights belong to the author-military personnel. The law also provides for remuneration to authors and defines the procedure for notifying about the creation of such objects.

    2. **Structure and main provisions:** The law introduces changes to a number of legislative acts, in particular:

    * Law “On Protection of Rights to Industrial Designs”: an article has been added that regulates the right to an industrial design created during military service.
    * Law “On Protection of Rights to Integrated Circuit Layouts”: similarly, an article has been added regarding layouts created during military service.
    * Internal Service Regulations of the Armed Forces of Ukraine: supplemented with provisions on intellectual, creative activity of military personnel and the procedure for notifying about objects of intellectual property rights.
    * Law “On the Legal Regime of Property in the Armed Forces of Ukraine”: the definition of military property has been expanded to include intellectual property rights, and the procedure for managing these rights has been determined.
    * Law “On Protection of Rights to Inventions and Utility Models”: an article has been added that regulates the right to inventions and utility models created during military service.
    * Law “On Military Duty and Military Service”: a chapter on intellectual, creative activity in military service has been added.
    * Law “On Copyright and Related Rights”: an article has been added on copyright to a work created during military service.

    3. **Key provisions for use:**

    * **Rights to intellectual property objects:** Property rights to objects created by military personnel during the performance of their official duties belong to the state.
    * **Remuneration to authors:** Author-military personnel have the right to remuneration, the procedure and amount of which are determined by the Cabinet of Ministers of Ukraine.
    * **Notification procedure:** Military personnel are obliged to report the creation of objects of intellectual property rights in the prescribed manner.
    * **Protection of national security:** In applications for registration of intellectual property rights, information about the author may not be indicated in order to ensure national security.
    * **Technology transfer:** The Law does not apply to the transfer of technology and the exercise of intellectual property rights by entities that are part of the security and defense sector.

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