Two draft laws, № 13110 and № 13111, have been registered in the Parliament of Ukraine, proposing amendments to the Civil Code of Ukraine and relevant laws in the field of intellectual property.
The draft laws introduce a new procedure for the distribution of rights to intellectual property objects created by military personnel:
(i) moral (intangible) intellectual property rights (such as authorship and the preservation of the integrity of the work) will remain with the military personnel who are the authors or inventors of the intellectual property.
(ii) tangible intellectual property rights (such as use and licensing) will be transferred to the state, represented by the Ministry of Defence of Ukraine or the relevant military body where the individual is serving. This change will eliminate barriers to the scaling of technological solutions, granting the Ministry of Defence clear authority to manage intellectual property rights, including the issuance of licenses.
The proposed legislative changes will also ensure the payment of fair compensation to military personnel for intellectual property objects created by them.