Guide Intellectual Property Law in the Ukraine

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Contents:


  1. Freedom Matters
  2. Center for Harmonization of Human Rights and Intellectual Property Rights
  3. Best Lawyers for Intellectual Property Law in Ukraine | Best Lawyers
  4. Intellectual property in Ukraine
  5. Stay informed!

Freedom Matters

Coffee production alone led to more than USD 17 million in losses from the state budget. Clearly, understatement of customs values affects the cost of coffee for the consumer. The meeting participants were shown samples of counterfeited clothes, footwear, toys, various accessories, cigarettes, razor blades, agrochemical and chemical substances collected in the Museum of Counterfeits by the Ukraine Alliance Against Counterfeiting and Piracy UAACP. Some kinds of fake products, such as medicines, toys, spare parts for mechanisms and automobiles, agricultural fertilisers present a serious threat to the consumer life and safety.

It enables both sides to exchange information on multilateral and bilateral intellectual property-related issues, on national IP legislation and practices and to identify shortcomings and proposals for improvement. The main channels of sending counterfeit goods to Ukraine: international postal consignments and expedited delivery of counterfeit goods ordered at foreign e-commerce platforms; goods being imported without customs control as contraband by sea, air or land sold to individuals at Ukrainian markets, via online stores and e-commerce platforms; domestic goods produced by small and medium businesses with unlawful use of famous brands and sold by individuals at local markets in Ukraine, through online stores and e-commerce platforms.

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Center for Harmonization of Human Rights and Intellectual Property Rights

For consumers, counterfeits pose threat to life and health since they are not subject to any certification inspections being a part of a criminal market. The largest problem for legal producers is online trading with counterfeit products. There are no possible sanctions from state authorities that would help in solving this issue because of absence of physical trade place and possibility to make inspection.

Our team. Stogniy Yevgeniy Patent attorney of Ukraine.

Index Publications for Ukraine

Zybtsev Yevhen Patent attorney of Ukraine. Moroz Natalia IP Lawyer.

Intellectual Property in Russia

Kantsypa Artem Patent agent of Ukraine. Our Growth. Professionally With over 25 years of effective activity, the IP Law Company Inventa has acquired great experience in collaborating with Ukrainian and foreign clients. Quickly Inventa offers standard and accelerated registration of rights to a trademark brand name , inventions, utility models ad industrial designs. The new body will execute court decisions and will give right holders the opportunity to control the execution of the enforcement actions.

The above-mentioned changes are intended to facilitate the implementation of full-scale judicial reform in Ukraine in accordance with public expectations and in line with European standards.

Best Lawyers for Intellectual Property Law in Ukraine | Best Lawyers

The reform provides for establishing the High Court on Intellectual Property Issues by autumn as a court of the first instance for copyright, trademark and patent disputes. Judicial decisions will be reviewed in the court of appeal within the chamber of the Supreme Court of Ukraine.

As from only attorneys-at-law barristers will be authorized to represent parties in intellectual property court. Prior to adopting the new law, patent attorneys, company directors and legal advisors were also allowed to represent their clients in court. Further, the judicial reform has also affected the reform of judgment enforcement authorities.

The new institution of private judicial executors appeared. For right holders, it is a chance to procure judgment execution after winning a case in a more effective manner.

Intellectual property in Ukraine

Meanwhile, it is unclear how to execute a judgment of a specialized IP court in foreign countries, which have already signed international treaties on the enforcement of judgments in civil, criminal and commercial cases. The Law may be important for owners of pharmaceutical trademarks because it is expected to provide simpler access for foreign medicines into Ukraine.

This may increase competition in the Ukrainian pharmaceutical market and bring down the prices of medicine. If signed by the President, the Law will: - Reduce the term for the state registration of medicines in Ukraine from one month to ten days; and - Introduce the simplified procedure of the state registration of medicinal products already registered by the competent authorities in the Unites States of America, Switzerland, Japan, Australia, Canada or registered under the centralised procedure by the competent authority of the European Union.

Even though the database only contains applications that passed the formal examination since August 20, , trademark owners will be able to monitor new applications and daily updates, ensuring timely enforcement of their prior rights. Several articles of the Ukrainian Law on Protection of Rights to Marks for Goods and Services have been amended in accordance with the new law. Trademark may consist of any sign or any combination of signs, such as words, including personal names, letters, numerals, pictorial elements, colors and combinations of colors, as well as any combination of such signs.

Trademark cannot contain the following: any name or pseudonym of a person holding senior position within the Communist Party, starting from the secretary position of a district committee and higher; the Union of Soviet Socialist Republics USSR and the Ukrainian Soviet Socialist Republic highest bodies of power and administration; other Soviet Union republics and autonomous Soviet republics except in cases related to the development of the Ukrainian science and culture , who used to work for the Soviet state security bodies; the names of the USSR, the Ukrainian SSR, other Soviet republics and their derivatives; denominations associated with the Communist Party activities and its establishment on the territory of Ukraine, other administrative units of the Soviet system, as well as denominations associated with the fight against the participants in the struggle for independence of Ukraine in the twentieth century.

The amendments also include a new Point 5 in Article 6 Grounds for Refusal of the Legal Protection , which reads: Legal protection shall not be granted to a mark that contradicts p.


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However, it is not specified how this will work in practice. There are some registered trademarks in Ukraine whose legitimate use can be put into question. In Ukraine, there is no substantive examination of industrial design and utility model applications. This fact encourages copying and registration of identical or similar designs and utility models, mostly as an act of bad faith. Moreover, such registered industrial designs and utility models become recorded in the customs register of IP rights, thus hampering the movement of goods across the border.

At the moment, the Ukrainian PTO only has a brief outline of the future system, but the main idea is to place the Board within the PTO in charge of considering such appeals, organizing substantive examinations and making decisions on invalidation of IP rights. It is expected that the draft laws containing these amendments will be completed and published in July-August According to the Ukrainian Law on Ensuring Protection of the Rights and Freedoms of Citizens and Legal Regime on the Temporarily Occupied Territory, which entered into force on 9 May , the Crimean peninsula is still regarded as part of Ukraine, with a special legal status as an occupied territory.

Due to this conflict, it is recommended that owners of IP rights that are being executed in Crimea should apply for protection of their IP rights in both countries, Russia and Ukraine. The deadline for revalidating Ukrainian IP rights whether re-registering or re-filing in Russia as well as resolving other IP-related issues is set for 1 January In conformity with Article 28 3 , the said Treaty will enter into force, with respect to Ukraine, on May 24, Ukraine is a member of the Madrid Agreement and the Madrid Protocol.

Trademark protection is obtained by registration. Trademarks which were protected in the former Soviet Union are protected in Ukraine only, if they were transcribed within the period stipulated. Nice classification, 11th edition.

Stay informed!

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, combinations or shades of colours, threedimensional forms, the three-dimensional form of a good or its packaging, sound marks and any combination of the mentioned signs. The following trademark types are registrable: trade marks and service marks. Multiple-class applications are possible. Foreign applicants need a local agent. A non-legalised power of attorney is sufficient. Foreign applicants do not need a domestic registration. The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.

Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. The processing time from first filing to registration is approx. Accelerated examination months since filing date is available for extra charge. Simultaneously with the registration, the trademark is published in the Official Gazette. National: Any person can file grounded opposition against a trademark application within the whole period of the application examination but not later than 5 days before issuing of the final decision.

But there is no publication before granting right protection, therefore, no opposition period. Information about filed applications may be obtained through search, which shows filed applications. Cancelation of registered trademarks certificates is possible only by court. Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here.

A trademark registration is valid for 10 years from date of application.