Order of UANIPIO
No. 159-O/2023 dated 07.09.2023
These Regulations set out the procedure for the formation and maintenance of the Register of Mediators Involved in Intellectual Property Dispute Resolution (hereinafter referred to as the "Register"), as well as its application. The Regulations have been developed in accordance with the Law of Ukraine "On Mediation" No. 1875-IX dated 16.11.2021 (hereinafter referred to as the "Law") and the Charter of the State Organization "Ukrainian National Office for Intellectual Property and Innovations" approved by the Order of the Ministry of Economy of Ukraine No. 10649 dated 09.08.2023.
In these Regulations, the terms shall have the following definitions:
UANIPIO shall mean the State Organization "Ukrainian National Office for Intellectual Property and Innovations", which ensures the introduction of mechanisms for alternative dispute resolution in the field of intellectual property, in particular through mediation.
Center shall mean the Mediation Center, which is a structural subdivision of UANIPIO ensuring the implementation of mediation in the field of intellectual property.
IP shall mean intellectual property (used for abbreviations, such as "IP mediation", "IP sector").
Register shall mean an electronic database formed and maintained by an authorized structural subdivision of UANIPIO and containing information on mediators who may be involved in conducting IP mediation as defined by these Regulations.
Code shall mean a set of professional conduct rules approved by UANIPIO for the use of uniform ethical standards of mediation on the basis of UANIPIO.
Mediation shall mean an out-of-court, voluntary, confidential, and structured procedure in which the parties, with the help of a mediator (mediators), try to prevent or resolve a conflict (dispute) in the IP sector through negotiations.
Mediator shall mean a neutral, independent and unbiased individual who has completed basic mediator training, as well as specialized training in IP and/or business mediation, complying with the Code and generally accepted standards of ethical conduct, and entered in the Register.
The Center shall ensure:
1) entering information about mediators into the Register;
2) making changes to the information entered into the Register;
3) correcting clerical and apparent errors in the Register;
4) blocking the mediator’s profiles displayed in the public part of the Register on the official website of UANIPIO in cases provided for in paragraph 11 of these Regulations;
5) removing information about mediators from the Register;
6) providing information from the Register upon the request of interested parties;
7) protecting personal data of mediators.
The Register shall be maintained in the state language.
The Register shall be formed and maintained by the Center.
Administrative and technical support for the Registry maintenance related to the technical placement of the Registry data on the website, their display, and amendments thereto shall be ensured by the Strategic Communications Department of UANIPIO.
Measures to preserve and protect the data contained in the Register shall be taken by the Department for Digital Development and Electronic Services of UANIPIO.
The Register shall include the following mandatory information about mediators:
1) surname, name and patronymic (if any) of a mediator;
2) educational background;
3) language(s) of the mediation;
4) region and format of work;
5) information related to the mediator's training: number of hours of basic training, indicating the name of an educational entity providing the training services; number of hours of specialized training in the IP sector and/or business mediation;
6) information on professional development of the mediator;
7) specialization of the mediator in the IP field, business areas and categories of cases;
8) an electronic version of the mediator's photo.
Upon the mediator's request, the Register may include additional information on: place of employment; the mediator's work experience; membership, position held in associations of mediators; awards; cost of mediation services, etc.
The mediator's profile shall be contained in the Register in the form set forth in Annex 1 hereto.
To enter the information specified in paragraph 5 hereof into the Register, the mediator shall submit the following documents to the Center:
1) an application for entering information into the Register, the form of which is set out in Annex 2 hereto;
2) a photo in JPG (JPEG) format for official documents, with the file size not exceeding 1 MB;
3) a copy of the mediator's identity document;
4) a copy of diploma of higher education;
5) copies of documents certifying that the mediator has undergone basic training as a mediator, as well as specialized training in the IP and/or business mediation;
6) a certificate of no criminal record;
7) the mediator's statement of consent to the processing of personal data, the form of which is set forth in Annex 3 hereto.
To enter additional information into the Register, the mediator may, upon request, submit other documents certifying the relevant information (on the mediator's work experience; membership, position held in the mediator's self-government bodies; awards; cost of mediation services, etc.)
The mediator shall be personally liable for the accuracy of the information contained in the copies of documents provided.
The Center shall verify the documents provided by the mediator and submit them to the Director of UANIPIO to make a decision on entering information about the mediator into the Register or refuse entry of such information. The decision shall be made by the Director of UANIPIO within 30 calendar days from the date of receipt of all mandatory documents specified in paragraph 5 of these Regulations and shall be officially registered by an order.
The mediator may be refused entry of information into the Register if:
1) the documents certifying such information are executed and/or submitted in violation of the requirements of the law and these Regulations;
2) there is lack of proper basic training, as well as specialized training of the mediator in the IP and/or business mediation;
3) the mediator is recognized by a court as fully or partially incapacitated;
4) the mediator has unspent or unexpunged criminal records in accordance with the procedure established by law;
5) the mediator has been dismissed from the position of a judge, prosecutor, investigator, notary, civil officer or officer of local self-government bodies for violation of the oath or committing a corruption offense and disbarred due to a violation of the Rules of Professional Conduct, or held liable for non-compliance with the rules of professional conduct.
Refusal on the grounds provided for in subparagraphs 1, 2 of this paragraph shall not deprive the mediator of the right to reapply.
In maintaining the Register, changes and additions may be made to the information about the mediator.
In case of changes in the information specified in paragraph 5 hereof, the mediator shall notify the Center of such changes within 15 calendar days from the date of change.
Changes to the Register shall be made by an authorized person of the Center within 5 calendar days from the date of receipt by the Center of the relevant information and supporting documents.
To update the information about the mediator contained in the Register, the Center may contact the mediator at least once a year with a request to confirm the information contained in the Register. The request for confirmation of information shall be sent to the contact details provided by the mediator.
The mediator shall provide the requested information within 30 calendar days from the date of the relevant request of the Center.
If the mediator fails to provide the requested information to the Center within the established timeframe, the profile of such mediator shall be blocked and not displayed in the public part of the Register on the official website of UANIPIO until the mediator has provided the requested information.
If the mediator fails to provide the requested information within 30 calendar days after blocking his/her profile, this shall constitute grounds for removal of information about him/her from the Register by an order of UANIPIO. Information about this fact shall be immediately entered into the Register.
The mediator may be removed from the Register in case of:
1) receipt of a written application from the mediator to terminate cooperation with UANIPIO and to be removed from the Register;
2) failure of the mediator to provide information on updating the data contained in the Register in the prescribed manner;
3) violation of professional conduct of the mediator;
4) committing a corruption offense or disbarment in connection with a violation of the Rules of Professional Conduct or holding liable for non-compliance with the rules of professional conduct for mediators;
5) there is information confirming the existence of an unexpunged or unspent criminal record;
6) limitation of the civil capacity of the mediator or recognition of his/her incapacity;
7) death of the mediator.
The decision to remove the mediator from the Register shall be made by the Director of UANIPIO upon request of the Center within 10 calendar days from the date of request and shall be registered by an order of UANIPIO.
Correction of apparent and clerical errors in the Register shall be carried out by the Center on the basis of the mediator's application or, if identified by UANIPIO on its own initiative, with simultaneous notification of the mediator within 10 calendar days from the date of identification of such errors and/or from the date of the mediator's application.
The Center shall ensure the completeness and accuracy of the information entered into the Register within its competence and in accordance with the law.
The information of the mediator's profile entered into the Register shall be open and available for viewing on the official website of UANIPIO, except as provided by the law and/or acts of UANIPIO.
The information from the mediator's profile, indicating the date of the last changes made, may be provided from the Register upon the written request of an interested person.