Patents Trademarks | Industrial Designs | Intellectual Property in Ukraine

Ukraine

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

LEGAL BASIS

  • Law of Ukraine on the Protection of Rights to Inventions and Utility Models, in force since July 1, 1994, last amended on October 16, 2012.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, as of December 25, 1991.
  • Patent Cooperation Treaty, as of December 25, 1991.
  • (Not a member of Eurasian Patent Convention).

FILING REQUIREMENTS

  • Power of Attorney (no legalization);
  • Specification, claims and abstract (to be translated into Ukrainian; if filed in another language, the translation must be submitted within two months from the filing date);
  • Drawings (3 sets);
  • Priority document, if any (to be filed within three months from the filing date).

REMARKS

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Validity: issued after formal and full examination – valid for 20 years from the filing date; declaratory patent (formal examination) – valid six years as of the filing date.
Annuities: accumulated and due after the grant of the patent; subsequent annuities are payable after the anniversary of the filing date.
Opposition: possible, before court only.

LEGAL BASIS

  • Law of Ukraine on the Protection of Rights to Trademarks and Service Marks, in force since July 1, 1994, last amended on April 9, 2015.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, as of December 25, 1991.
  • Madrid Agreement, as of December 25, 1991.
  • Madrid Protocol, as of December 29, 2000.

FILING REQUIREMENTS

  • Power of Attorney, not legalized;
  • Representation of the sign to be protected (size 8 x 8 cm); in case of a label, max. size 14 x 14 cm;
  • 5 black & white prints if claimed in b&w; 10 prints in color if colors are claimed;
  • List of goods and services;
  • Priority document (if the priority is claimed, to be filed within three months from the filing date).

REMARKS

Kinds of protection: trade and service marks (word marks, design marks, three-dimensional and other distinctive combinations thereof, in color or color combinations). Sounds, light signals and colors may be protected. Besides the original version, filing of word mark applications in the Cyrillic alphabet is highly recommended.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any three-year period after the registration date may lead to cancellation; nominal use (advertising, publications) is accepted in absence of actual use.
Duration - renewals: 10-year period after the filing date or last renewal date (note: marks re-registered on the basis of the former Soviet Union registrations are due for renewal 10 years after the Ukrainian filing date, or the last renewal date in the former Soviet Union).
Opposition: possible, before court only.

LEGAL BASIS

  • Law of Ukraine on the Protection of Rights to Industrial Designs, in force since July 1, 1994, last amended on October 16, 2012.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, as of December 25, 1991.
  • Hague Agreement, as of August 28, 2002, Geneva Act, as of December 23, 2003.

FILING REQUIREMENTS

  • Power of Attorney, not legalized;
  • General view of the article (picture) and other views - 2 sets;
  • Specification of the design - 1 set;
  • Priority document, if any (to be filed within three months from the filing date).

REMARKS

Duration – renewals: after formal and novelty examination: 10 years from the filing date, renewable for one additional period of 5 years.
Opposition: possible, before court only.

LEGAL BASIS

  • There is no specific legislation. The delegation of domain names in the country code top-level domain is regulated by the “Rules of the .UA domain” and Rules in the domain zone .УКР (Cyrillic).

FILING

  • ccTLD: .ua
  • Applicant: individuals and legal entities.
  • Local presence: not required.

REMARKS

Duration – renewals: one year, renewable yearly.
Uniform dispute resolution procedure: none.

General Information

Area: 603,628 sq. km.
Population: about 42,635,000 inhabitants.
Capital: Kiev, with about 2,900,000 inhabitants.
Language: Ukrainian (official).
Currency: Hryvna.

General Remarks

One of the most important ex-USSR republics, the Ukraine declared its independence in August 1991. Since October 1991 the Ukrainian Patent Office accepts patent and trademark applications and re-registrations of ex-USSR industrial property rights.

Industrial property protection in the territory of Crimea: although according to Ukrainian legislation, inventions, utility models, industrial designs, trademarks, service marks and appellations of origin (IP rights) registered in Ukraine remain valid on the territory of Crimea, as of March 18, 2014 de facto it is no longer possible to enforce them. As of this date, IP rights registered in the Russian Federation extend to the territory of Crimea and are enforceable there under Russian legislation.
Therefore, in case of a continued business activity in Crimea and ownership of an IP right registered in Ukraine but not in the Russian Federation, it is recommended to obtain registration for such IP right in the Russian Federation.

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If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

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