An Update on the State of IP Protection in Ukraine

It has already been more than three years since the war began. Thousands of Ukrainians have been killed, wounded, or displaced. However, life has not stopped in Ukraine. Indeed, courageous citizens have decided to plow ahead and believe in a better tomorrow. This is palpable on the intellectual property (IP) front, where dedicated and talented IP attorneys have worked tirelessly to adopt and implement the latest EU standards in order to continue protecting consumers and attracting foreign investors.

Since the signing of the EU-Ukraine Association Agreement in 2014, which fully entered into force in 2017, Ukraine has taken many steps to implement the newest European standards in its national IP system. By adopting several laws that approximate Ukrainian legislation to EU acquis, IP rights holders can count on European rules when considering Ukraine as a jurisdiction.

Ukraine has made significant progress in fulfilling its obligations under the Agreement and continues to work with the support of European partners, in particular the EU Commission, the EU Intellectual Property Office, and the European Patent Office. It is worth noting that Ukraine enshrined its strategic course towards EU membership in the amendments to its Constitution in 2017 and received status as a candidate for EU membership in June 2022.

Despite tremendous challenges, the Ukrainian Intellectual Property Office (UANIPIO) has expanded the electronic filing and search systems for the benefit of IP rights holders. Videoconferencing tools have been adopted by the judiciary, making it easier for parties to participate remotely in the proceedings before the Board of Appeals. More than 80 percent of communications between applicants and state authorities are now carried out electronically and in a fairly timely manner, including customs recordal of IP rights and interaction with the Antimonopoly Committee of Ukraine.

As a safety net, IP rights holders had the right to take advantage of the provision of the law that suspends all time limits in cases before UANIPIO during martial law and for 90 days after its termination, but in practice this does not seem to be used in most cases unless such suspension is truly necessary. In general, smooth trademark registration can currently be completed within 18–20 months.

However, new legislation will arrive soon that would limit the possibility of suspension, in order to prevent unfair opposition practices and to achieve more prompt terms for completion of registration procedures, even for IP objects that gain full substantial examination on absolute and relative grounds. Taking stock of all these positive developments, the IP community strongly encourages foreign businesses to continue safeguarding their IP rights in Ukraine. For more information, please visit Ukraine booth No. 1155 at the upcoming 2025 Annual Meeting.

The Ukrainian IP system is developing, and the IP community is growing and uniting, actively participating in numerous professional events held both online and in person, as well as working on draft IP laws. NAPA, the National Association of Patent Attorneys of Ukraine, takes a very active part in these activities, monitoring all innovations in legislation and practice and organizing regular webinars for the IP community, often with the participation of UANIPIO representatives, thus ensuring a dialogue between government officials and IP rights holders. INTA members can take the following steps to show their support:

• Reach out to your local counsel in Ukraine;
• Visit Booth 1155 in the Innovation Marketplace at the Annual Meeting to get more detailed information on IP protection and enforcement in Ukraine and to explore Ukrainian culture and traditions; and
• Attend the Ukrainian reception at the Annual Meeting on Monday, May 19. Contact [email protected] for details.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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