Modernization of the eu patent system: innovations and opportunities for Ukraine

Abstract

An economic and legal analysis of the new rules for modernizing the patent system of the European Union (EU) proposed by the European Commission (EC) on April 27, 2023, their features, problems, prospects and opportunities for use for Ukraine, was carried out. The proposed EC provisions on standard essential patents, compulsory licensing of inventions in crisis situations and the revision of legislation on subsidiary protection certificates, the role of the SME Fund 2023 Ideas Powered for Business SME Fund with a budget of 60.1 million euros are examined. It aims to support small and medium-sized enterprises (SMEs) to effectively manage their intellectual property (IP) portfolios, with the aim of accelerating the green and digital transition, supporting their recovery from recent crises such as COVID-19 and the impact of the Russian invasion of Ukraine. Financial support provided to Ukrainian SMEs by the EC and EUIPO includes: protection of trade marks and industrial designs within the EU (national, regional and EU level) up to 75 % of all fees up to a maximum of €1,000; protection of patents or related activities within the EU for national and European patents, including unitary ones) in the amount of 75 % of the total fees — up to 1500 euros. IP value added has been shown to be increasing in most European industrial ecosystems. IP rights, particularly patents, which are a critical intangible asset, have a critical role to play in scaling up green innovation, while creating the business case for clean technologies and enabling sustainable digital transformation.