Significant changes in national legislation in the field of Ukraine have begun in the recent few years. New terms of the Law of Ukraine “About copyright and related rights” were added. In particular, the changes simplify the procedure for copyright holders to remove illegal content from websites…
On 14 July 2020, the newly adopted law finalizing institutional IP reform in Ukraine was published. Within three months after publication, the new National Intellectual Property Authority (NIPA) will be established to replace the state enterprise “Ukrainian Intellectual Property Institute” (“Ukrpatent”) and will absorb certain functions of the Ministry for Development of Economy, Trade, and Agriculture (MDETA). The reform will streamline and shorten the IP registration process. Significant changes in national legislation in the field of Ukraine have begun in the recent few years.
Major changes of the National Legislation of Ukraine in IP field
The Supreme IP Court was established by the President of Ukraine’s decree, and in the meantime, the court’s organizational problems are being worked out. The launch of the High Intellectual Property Court remains the most anticipated reform. This step would finalize the set of reforms aimed to increase the level of IP rights protection in Ukraine.
Ukraine has established the “National Intellectual Property Authority,” a new national agency. Under the Patent Cooperation Treaty, this government institution is specifically authorized to fulfill the tasks of the International Searching Authority and the International Preliminary Examining Authority.
New terms in Ukraine’s “About copyright and related rights” law have been introduced. The amendments, in particular, make it easier for copyright holders to remove illicit content from websites.
To increase the protection of intellectual property rights in Ukraine, the following amendments are currently being prepared: the possibility of a one-time cash penalty for intellectual property rights infringement; publication in the mass media the information as to the court decision of the intellectual property case.
Consideration of the domain name disputes in the frame of UDRP becoming popular for the domain zones .ua, .kiev.ua and .com.ua. Such companies as Google LLC, Luxottica Group, Payoneer, Inc., Luigi Lavazza S.p.A., Realme Chongqing Mobile Telecommunications Corp. already have successfully passed through this procedure. Consideration of the domain name disputes in the frame of UDRP is much faster and cheaper for the trademark holders.
Ukraine’s “mediation law” was passed in November 2021. Disputes, particularly in the realm of intellectual property, may be addressed by an out-of-court procedure with the assistance of an authorized arbitrator under this statute. This law expedites the resolution of disputes. the revisions in the law are intended to give right holders in Ukraine more effective options for defending their intellectual property rights and recovering compensation from infringers.
The Ukrainian professional community strongly supports and welcomes this long-awaited reform that should bring more transparency and efficiency to the local patent and trademark office’s activity. The businesses will also benefit from the new system as the redistribution of powers between the MDETA and the NIPA should positively influence the overall timing of the IP registration process.
You can see a list Ukraine IP firms here.