IP/N/1/UKR/2, IP/N/1/UKR/P/3

Ukraine

Resolution of the Cabinet of Ministers of Ukraine No. 877 of 4 December 2013 "On Approval of the Procedure for Granting Permission by the Cabinet of Minister of Ukraine to Use the Patented Invention (Utility Model) concerning Medicines"

This Resolution approves the Procedure for granting permission of the Cabinet of Ministers of Ukraine to use the patented invention (utility model) concerning medicines without the consent of the patent owner. The Procedure establishes requirements in relation to applications for the grant of appropriate permission with the purpose to protect public health, including in cases of HIV/AIDS and other socially dangerous diseases. It also provides for provisions on notification and payment of compensation to the patent owner in view of the grant of the permission by the Cabinet of Ministers of Ukraine and possibility to appeal such decision in court procedure.

As of the date of the submission of this notification, the aforementioned Procedure hasn't been used by Ukraine to address public health problems. http://zakon0.rada.gov.ua/laws/show/877-2013-%D0%BF (in Ukrainian language)

Ministry of Economic Development and Trade of Ukraine