Policy Progress: The Parliament rejected Draft Law #7538 in the Sphere of Legal Protection of Inventions and Utility Models

On September 4, the Verkhovna Rada of Ukraine did not support Draft Law #7538 “On Amending Certain Legislative Acts of Ukraine on Improving the Legal Protection of Inventions and Utility Models” in the first reading.

The Draft Law contained the unequal conditions for the pharmaceutical market, aimed to prevent novel forms of pharmaceuticals, which constitute a modification of already known substances, from obtaining legal protection (patents). At the same time, such provision is contrary to Art. 27 (1) of the TRIPS Agreement according to which patents should be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.

The Chamber Healthcare Committee expressed concerns regarding the Draft Law during the meetings as well as in the official position papers addressed to relevant stakeholders.