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INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

Algeria Flag

Opposition Term

03 Months

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • The Law of Ukraine “On the Protection of Rights to Marks for Goods and Services” Published in Vidomosti Verkhovnoyi Rady Ukrayiny (Official bulletin of the Verkhovna Rada (Parliament) of Ukraine), 1994, No. 7, p. 36 is the main trademarks law. Amendments to the Ukrainian trademark law entered into force on August 16, 2020.

  • For getting a trademark registered in Ukraine, an application has to be filed with the Ukrainian Intellectual Property Institute (Ukrpatent), which administers the entire trademark registration process.

  • It follows a ‘first-to-file’ system.

  • Ukraine follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.

  • Any person may file an opposition within three (03) months from the application’s publication date. For national trademarks, applicants may file a response to the opposition within two (02) months from the date they receive the opposition notification from the IPO.

  • A Ukrainian trademark certificate is valid for ten (10) years and can be renewed for subsequent periods of ten (10) years by filing a request for renewal with the Ukrainian PTO and paying the official fee.

  • The grace period to renew a trademark after the date of expiry is six (06) months.

  • The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.

  • Ukraine is a member of the Paris Convention for the Protection of Industrial Property.

  • Law of Ukraine on the Protection of Rights to Inventions and Utility Models (the translation is not official) (The Official Journal of the Verhovna Rada (Parliament) of Ukraine [OJU], 1994, No. 7, art. 32) (The Law wording No. 1771-III of June 1, 2000; OJU, 2000, No. 37, art. 307) - is the law pertaining to patents in Ukraine.

  • For seeking patent protection in Ukraine, an application has to be filed with the UA PTO (Patent and Trademarks Office), which administers the entire process of patent grant.

  • In Ukraine, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.

  • The types of patent applications that can be filed include Non-Convention Application and Convention Application.

  • In Ukraine, there is no procedure for raising a pre-grant opposition against a patent application.

  • The term of the patent for an invention is twenty (20) years as from the date of filing of the application with the Office. The term of the declarative patent for a utility model is six (06) years as from the date of filing of the application with the Office. The term of the patent for an invention, the object of which is a drug, means for the protection of animals, means for the protection of plants and for the use of which a permission of the relevant authorized body is required, may be extended at the request of the owner of such patent for a period that is equal to the period between the date of filing of the application and the date of the receipt of such a permission, but for no more than five (05) years. The first post-grant annuities for the year when the patent is granted are paid within four (04) months from the date of issuance of a patent. Late payment of the annual fee is possible with the 50% fine within twelve (12) months after the expiration of the deadline.

  • On 16th August 2020, the Law of Ukraine "On Amendments to Certain Laws of Ukraine Concerning Strengthening of Protection of Rights to Trademarks and Industrial Designs and Combating Patent Trolling" (Law) became effective and established new requirements for industrial design registration, introduced protection of unregistered designs, post-grant opposition procedure, and other important changes.

  • The types of industrial design applications that can be filed in Ukraine include Non-Convention Application and Convention Application.

  • Utility model protection isn't provided under industrial design protection in Ukraine. The same is provided under the patent law.

  • Opposition against an industrial design application can be raised within two (02) months from the date of publication.

  • The duration of registered design protection now amounts to five (05) years from the date of filing. This term may be renewed up to a total term of twenty-five (25) years. The renewal request should be filed six (06) months prior to the expiration of protection. The duration of protection for unregistered designs amounts to three (03) years as from the date the design was made available to the public in the territory of Ukraine.

  • The time frame for payment of the renewal fee before the due date is two (02) months.

  • The grace period to renew an industrial design is after the date of expiry is six (06) months.

  • Ukraine is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.

  • Law of Ukraine “On Copyright and Related Rights” (Vidomosti Verkhovnoyi Rady Ukrayiny (VVR), 1994, No. 13, p. 64) is the primary legislation dealing with copyright protection in Ukraine.

  • In Ukraine, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. However, there is an authorized body for copyright registration, which is the Ministry of Economic Development and Trade of Ukraine.

  • Copyright remains in effect throughout the author's lifetime and for seventy (70) years after his death.

  • A performer’s proprietary rights are protected for fifty (50) years from the date of the first recording of a performance.

  • The rights of the manufacturers of phonograms and videograms are protected for fifty (50) years from the first publication of the phonogram (videogram) or from the first sound or video recording thereof if the phonogram (videogram) is not published within the said term.

  • Broadcast organizations enjoy the rights granted under the copyright law for fifty (50) years from the date of the first broadcast of a transmission.