Information Technology & Software
Foreign technology companies operate in Ukraine through various models: establishing R&D centers, engaging independent developers, or distributing software products. Each of these operational structures requires a specific intellectual property strategy to secure digital assets and comply with national regulations. Structuring IP ownership correctly – particularly concerning copyright assignment, work-for-hire arrangements, and trade secret protection – is a prerequisite for maintaining a clear chain of title. Deficiencies in this area expose companies to disputes and complicate future M&A transactions, licensing deals, or funding rounds.
ADVANCE PARTNERS acts as local IP counsel for technology corporations, software publishers, and foreign investors. We provide legal support for technology development, distribution, and IP enforcement in Ukraine, ensuring that intangible assets are properly structured for global commercialization.
Our services
- Software Copyright and Patent Prosecution: Copyright registration for source code, object code, databases, and graphical user interfaces (GUI). Filing national and PCT patent applications for software-implemented inventions where the required technical effect is demonstrable.
- Chain of Title and IP Assignment: Structuring IP assignment and work-for-hire agreements with Ukrainian employees, individual entrepreneur (FOP) contractors, and distributed development teams. Advisory on local legal requirements to ensure the effective transfer of economic rights to the foreign principal.
- Commercial IT Agreements: Drafting and localizing software licensing agreements, SaaS and PaaS contracts, End-User License Agreements (EULAs), Service Level Agreements (SLAs), and technology distribution agreements for the Ukrainian market.
- Trademark and Domain Name Protection: Clearance searches and registration of technology brands, product names, and app identifiers in Ukraine. Representation in domain name disputes, including proceedings under the UDRP and applicable .ua dispute resolution procedures.
- IP Enforcement and Anti-Piracy: Representing software publishers and technology companies in civil and criminal proceedings against unauthorized code copying, reverse engineering, software piracy, and trade secret misappropriation. Coordination with law enforcement authorities and the Cyberpolice.
- Trade Secret Implementation: Designing and implementing trade secret protection regimes for R&D operations in Ukraine, including drafting Non-Disclosure Agreements (NDAs), Non-Compete Agreements (NCAs), and internal policies governing access to confidential technical information.
Key legal issues
We provide legal support on specialized matters for foreign stakeholders and technology companies operating within the Ukrainian IT sector:
- Tech M&A and IP Due Diligence: Conducting legal audits of Ukrainian technology targets for foreign investors and acquirers. Verification of IP ownership across the full development chain, identification of encumbrances, assessment of open-source license compliance, and evaluation of employee and contractor IP assignment documentation.
- AI-Generated Content and Sui Generis Rights: Counsel on the legal status of non-original objects generated by computer programs. Advisory on the scope and limitations of sui generis rights, including the conditions for their valid exercise and the implications for AI-driven content production.
- Open-Source License Compliance: Analysis of IP risks associated with integrating open-source components (GPL, LGPL, MIT, Apache, MPL) into proprietary commercial software. Assessment of copyleft obligations and their impact on distribution and licensing strategies.
- FTO for Software Products: Patent landscape research prior to product release to identify and assess the risk of infringing third-party patents, including standard-essential patents (SEPs) and FRAND-encumbered technologies relevant to software and communications protocols.
- Data Protection and IP Intersection: Advisory on the interplay between intellectual property rights and data protection requirements, including the lawful use of training datasets for machine learning models and compliance with applicable data processing regulations.
