Contract № __
on the Provision of Access Services
to the Databases of Ukrpatent via the Internet
Kyiv, Ukraine
_______ __, 2006
The State Enterprise “The Ukrainian Industrial Property Institute” (Ukrpatent), hereinafter
referred to as the PROVIDER, in the person of Mrs. Alla Krasovska, Director, who acts under
the Regulations, from the one side, and _________________________________________
____________________________, hereinafter referred to as the SUBSCRIBER in the person of
____________________________________________________________, who acts under the
____________________________, from the other side, have drawn up this Contract about the
following.
1. The Subject of the Contract
1.1 The subject of the Contract is the provision to the SUBSCRIBER of the Internet access
to the databases (hereinafter referred to as the DB) information according to the list provided in
Annex I that is an integral part of this Contract.
2. Obligations and Liability of the Parties (Contract Engagements)
2.1 Obligations and Liability of the PROVIDER:
2.1.1 The PROVIDER shall, from the date of the Contract conclusion, provide the
SUBSCRIBER with the services as specified in this Contract and Annex I.
2.1.2 The PROVIDER shall guarantee the SUBSCRIBER twenty-four-hour availability of
the DB except for the maintenance periods. The time of the maintenance periods is reported on
the website.
2.1.3 The Internet connection is the SUBSCRIBER’s own responsibility and all the costs
relating to this connection shall be borne by the SUBSCRIBER. The PROVIDER doesn’t
provide Internet connection services and is not responsible for the SUBSCRIBER’s Internet
communications quality.
2.1.4 The PROVIDER shall not responsible and shall not recoup for damages caused by
unauthorized use of the SUBSCRIBER’s access password by a third party.
2.1.5 The PROVIDER shall not be responsible for the sheer or indirect damages incurred
by the SUBSCRIBER as a result of errors, omissions, stoppage of work, file deletion, defects,
data transfer work-delay, etc. that occur not through the PROVIDER's fault.
2.1.6 The PROVIDER undertakes the consultation assistance to the SUBSCRIBER through
E-mail.
2.2 Obligations and Liability of the SUBSCRIBER:
2.2.1 The SUBSCRIBER shall follow the Service Usage Rules and other requirements
stated in this Contract and Annex I that is an integral part of this Contract.
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2.2.2 The SUBSCRIBER shall maintain his personal account positive balance performing
timely all the necessary advance payments in accordance with the current financial terms stated
in this Contract and Annex I.
2.2.3 The SUBSCRIBER shall not disclose the username and the password to any third
person.
In case of the loss of the username and the password the SUBSCRIBER shall immediately
report to the PROVIDER’s administrator of the occasion.
In case of any disputable issues in connection with the possible usage of the username and
the password by third parties the PROVIDER has the right to disable them.
The fact of the disablement of the username and the password is reported to the
SUBSCRIBER by E-mail. Contestable matters are settled by mutual consent.
2.2.4 The SUBSCRIBER has the right to dissolve the Contract unilaterally having notified
about this the PROVIDER by E-mail. In such a case the amount of the sum left is not reimbursed
according to the Contract.
2.2.5 If there is no money on the SUBSCRIBER’s balance, the user name and the password
assigned and not used for more then 12 months may be cancelled by a decision of the
PROVIDER without any prior notification of the SUBSCRIBER.
3. Pricing Policy and Payment Procedure
3.1. Provision of services under the Contract is arranged based on advance payments.
3.2. Service cost under the Contract is based on the fees for searching and viewing documents in
the corresponding DB (see Table 1).
The payment is made by the foreign users in USD.
Table 1
DB “Inventions (Utility
Models) in Ukraine”
Viewing of one claim or
description
$ 0,5
DB “Marks for Goods and
Services Registered in
Ukraine”
Searching
Viewing of
one document
$ 1,2
$ 0,5
DB “Industrial Designs
Registered in Ukraine”
Searching
$ 1,2
Viewing of
one document
$ 0,5
Service cost includes all the taxes and payments in accordance with the Ukrainian legislation.
3.3. The minimum advance amount paid by the SUBSCRIBER is $ 60. The sum
transferred by the SUBSCRIBER may exceed the minimum advance amount.
3.4. The number of searches and viewings made is calculated on the basis of the sum
transferred. One search or viewing fee is not subject to any change within the period of using the
sum transferred. In case there is some amount of money left on the SUBSCRIBER’s balance but
it is less than the cost of one search or viewing of a document, the SUBSCRIBER is given an
opportunity to carry out the last full search or viewing.
3.5. The PROVIDER reserves the right to change the unit cost of searching and viewing in
case of a prolongation of the Contract (further payment).
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3.6. The PROVIDER takes into consideration all the information about the information
services consumed and gives the SUBSCRIBER a notification about the expenditure of the funds
received. The notifications are the grounds for the mutual settlement between the parties.
3.7. The report on the provision of services is signed unilaterally by the PROVIDER on the
last date of every quarter.
3.8. While effecting the payment, the SUBSCRIBER indicates the following details of the
payment in the payment document:
“Advance payment for Ukrpatent’s database access information services via the Internet
according to the registration form # …” (the SUBSCRIBER’s registration form number is
obtained from the database administrator at http://www/ukrpatent.org/cgi-bin/inetreg). The
access to the Ukrpatent’s Internet databases is provided after the minimum advance amount, as
stated in paragraph 3.3 of the Contract, is received to the PROVIDER’s account.
4. Procedure and Terms of the Access Provision
4.1. To access the free-of-charge information of the DB “Inventions (Utility Models) in
Ukraine” (bibliographic data and abstracts) the SUBSCRIBER is to register in the search-tool of
the web-site at http://www.ukrpatent.org.
4.2. The search-tools of other free DB and information and reference systems are
accessible without registration – directly or after entering the guest password.
4.3. The access to the charged information in the DB “Inventions in Ukraine”, “Marks for
Goods and Services Registered in Ukraine” and “Industrial Designs Registered in Ukraine” is
provided on the contract basis. The advance payment transferred gives the SUBSCRIBER the
right to access the DB chosen from the registration form.
4.4. For the conclusion of a contract the SUBSCRIBER shall send by post, e-mail or
deliver by courier two copies of the Contract signed and certified by a stamp (addressed to the
Director of Ukrpatent) to the PROVIDER’s address. The text of the Contract is available at
www.ukrpatent.org.
4.5. After receiving the Contract the PROVIDER shall return by post or e-mail a signed
and certified by a stamp of the Enterprise copy of the Contract with a service payment invoice to
the SUBSCRIBER.
4.6. The condition of the access provision to the database information is transferring the
sum indicated in the invoice according to the cost of services stated in paragraph 3.3 of this
Contract to the PROVIDER’s account.
4.7. Individual password and username for entering the database are assigned for each
group of DB users (inventions and utility models, marks for goods and services, industrial
designs).
4.8. On receiving the document confirming the payment the PROVIDER, within three
business days, sends an E-mail addressed to the SUBSCRIBER informing of the:
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username;
DB access password;
number of the Contract;
responsible person, E-mail addresses and phone numbers for consultations.
From then onward the SUBSCRIBER is able to search the DB.
4.9. On the full expenditure of the sum under the Contract and the absence of a notification
about the DISsolution of the Contract or the SUBSCRIBER’s approval of new payments within
12 months the Contract is considered to be dissolved.
5. Other Terms
5.1. This Contract is laid out in Ukrainian, Russian or English in duplicate, both copies
having equal legal effect. After signing by both parties one copy of the Contract is kept by the
PROVIDER, another one – by the SUBSCRIBER.
5.2. From the moment of receiving by the PROVIDER the notification about the decision
to conclude this Contract and after signing it all the correspondence (by E-mail, fax, post) is
considered to be official and constitutes an integral part of the Contract.
5.3. In case of the necessity to change the terms, details or postal addresses the parties
inform each other 20 (twenty) days in advance before putting the changes into action.
5.4. All the changes, supplements and amendments are implemented by the parties of this
Contract only by signing and certifying by a stamp an agreement by the authorized
representative from each enterprise in Ukrainian, Russian or English.
6. Duration of Contract
6.1. The Contract is in effect from the moment of conclusion (from the moment of payment
by the SUBSCRIBER or signing the Contract by a legal person) until the official notification
about the dissolution of the Contract by the SUBSCRIBER or till the full expenditure of the
money under the Contract and the absence of the further payments confirmation.
6.2. The Contract is automatically prolonged in case of the absence of complaints from
both sides and by receiving further payments.
6.3. This Contract with Annex I is an official document of the PROVIDER.
6.4. The PROVIDER may periodically change the terms of this Contract and its Annexes,
current fees, introduce new Annexes to this Contract reporting the changes at the Ukrpatent’s
web-site http://www.ukrpatent.org.
6.5. In case there are some queries left on the SUBSCRIBER’s balance and he is not using
them the DB access provided is valid in the course of three years. If the queries are not used by
the SUBSCRIBER within three years the access is cancelled and the service payment is not
reimbursed. The effect of this Contract is terminated.
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7. Addresses and Payment Details of the Parties
The SUBSCRIBER:
(filled in by the SUBSCRIBER)
The PROVIDER:
For payments in USD:
Beneficiary and his account:
UKRAINIAN INDUATRIAL
PROPERTY INSTITUTE
ACC.# 260070145710 USD
Address: 1, Hlazunova Street,
01601 Kyiv-42, Ukraine
Beneficiary Bank and his account:
JS “Brokbusinessbank”
41, avenue Pobedy, 03057 Kyiv, Ukraine
ACC.# 4008865248 USD
SWIFT code: BRBBUAUXXXX
Correspondent Bank:
Commerzbank AG,
Frankfurt am Main
SWIFT code: COBADEFF
E-mail: admin@ukrpatent.org
Person in charge: Filatova T.V.
Reference and consultation: (044) 494 05 57
____________________________(Signature)
Director
______________________ Alla Krasovska
STAMP
STAMP
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Annex I
to the Contract on the Provision of the Access Service
to the Databases of Ukrpatent via the Internet
The List of Databases (DB) and Information and Reference Systems (IRS) to Which Access
is Provided
№
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
The name of Databases and Information and Reference
Systems
Specialized Database (SDB) "Inventions (Utility Models) in
Ukraine"
DB "Marks for Goods and Services Registered in Ukraine"
Interactive Database
"Industrial Designs Registered in Ukraine"
Database "Information about Well-Known Marks in
Ukraine"
DB "Court Decisions on IPR Cases”
DB "Information about International Registration of Marks
Legally Protected in Ukraine"
Collective Access Database "Information about Invention
Applications Accepted for Examination"
DB “The Official Bulletin "Industrial Property" (Electronic
Version)"
DB "Information about International Deposit of Industrial
Designs Legally Protected in Ukraine"
ІRS "Invention Applications Processing State"
DB "Information about Marks for Goods and Services the
Certificates for Which Have Lost Effect or Have Been
Invalidated"
ІRS "Industrial Design Applications Processing State"
ІRS "Information about the Processing State of Applications
for Marks for Goods and Services"
IRS "International Classification
of Goods and Services for the Purposes of the
Registration of Marks "
(the Nice Classification)
IRS "International Classification of Industrial Designs"
(the Locarno Classification)
IRS "International Classification
of the Figurative Elements of Marks"
(the Vienna Classification)
IRS "International Patent Classification. Eighth Edition
(2006). Core Level"
Access Terms
Bibliographic data and
abstracts – free; claims,
descriptions – paid
Paid
Paid
Free
Free
Free
Free
Free
Free
Free
Free
Free
Free
Free
Free
Free
Free