Welcome to a collection of intellectual property insights of 2023 in Ukraine. This compilation illustrates the significant developments in relation to trademark law, copyright, and other notable IP areas.
These insights serve as a beacon for applicants and right holders, providing them with evidence that the business climate in Ukraine improves thereby increasing the investment attractiveness of those sectors of the economy in which the protection of intellectual property rights plays a crucial role.
- On January 1, 2023, the updated Law “On Copyright and Related Rights” entered into force.
The new Law improves the legal regulation of issues related to the exercise and protection of personal non-property and property rights of subjects of copyright and related rights in Ukraine. It has harmonized of the provisions of the Civil Code of Ukraine, the Law On Copyright and Related Rights with the legislation of the European Union in the part related to ensuring reliable legal protection of copyright and related rights, especially regarding protection in the digital world, eliminated the gaps in the current legislation, as well as improved of the current legislation in terms of solving issues that arise in practice and are related to the implementation and protection of copyright and related rights. Among the changes is the increase of the penalty for copyright violations. Now illegal use of an object of intellectual property rights or other intentional violation of intellectual property rights protected by law entails the imposition of a fine with the confiscation of illegally manufactured products and equipment and materials intended for their manufacture.
- Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Legal Protection of Intellectual Property” No. 2974-IX has entered into force on April 15, 2023.
New Law has implemented into national legislation one of the basic acts on the protection of intellectual property rights in the EU — Directive No. 2004/48.
Among the changes is the possibility of using a one-time payment instead of other methods of protecting intellectual property rights. This is possible provided that the violation occurred unintentionally and without negligence, while the use of protection methods is disproportionate to the damage caused to the right holder. At the same time, the minimum amount of such one-time payment should not be less than the cost of the license for the use of the corresponding IP object.
In addition, the law regulates the procedure for establishing by the court the amount of reimbursement and compensation, which the court will apply instead of compensation of losses. The reimbursement will be determined taking into account the lost profit or income, and compensation will be determined taking into account the scope of the violation, the fault of the violator and other circumstances of significant importance.
According to the provisions of the new Law, now the violator will cover all costs associated with the removal of counterfeit goods from civilian circulation and the destruction of materials and equipment used during their production.
- The European Union Intellectual Property Office (EUIPO) has established Memorandums of Understanding with the State Organization Ukrainian National Office for Intellectual Property and Innovations (UANIPIO). The agreement was signed in Geneva in July 2023. In light of Ukraine’s status as an EU candidate country, the MoU also represents a significant milestone in its journey towards closer integration into the EU Single Market.
From now on, the Ukrainian IP Office can benefit from management and examiner tools, harmonisation of trademark and design registration and examination practices.
The MoU also paves the way for the integration of Ukraine’s trademark and design data within the EUIPO’s trademark and design databases, such as TMview, TMclass, Tmclass, DesignView, and Designclass.
- On September 6, 2023, Resolution No. 859 of the Cabinet of Ministers of Ukraine dated August 15, 2023 “On Amendments to the Procedure for Paying Fees for Actions Related to the Protection of Intellectual Property Rights” has entered into force. The updated fees for actions related to the protection of intellectual property rights in Ukraine were introduced, in particular: new types of fees related to conducting information searches, restoration of rights by applicants and IP right owners, submission of oppositions against patent applications, cancellation of patents in an administrative procedure; changing the wording of fees in accordance with the new terminology; increase in benefits from the payment of fees for applications in the electronic form via online filing systems.
- On November 24, 2023, the Order of the Ministry of Economy of Ukraine “On approval of the Procedure for state registration of copyright and agreements relating to property rights to a work” entered into force.
This allowed the Ukraine Office for Intellectual Property to resume accepting applications for state registration of copyright and agreements related to property rights to the work.
The new forms of applications for state copyright registration, approved by the Order of the Ministry of Economy, as well the updated information regarding copyright registration were presented on the website of the UA IP Office for applicants’ convenience.
This publication does not constitute legal advice, but is provided only for the purpose of informing readers about the latest developments in Ukrainian IP laws.