UKRAINE Law and Practice Contributed by: Yaroslav Ognevyuk, AMBASSADORS
particularly where multiple related designs are filed together. The initial term of protection is five years from the filing date and may be renewed for additional five- year periods, up to a maximum of 25 years. Renewal requires payment of official fees and compliance with prescribed time limits. The accessibility of the registration process has signif- icant implications. Designs are granted without sub- stantive examination, and their validity is frequently challenged in enforcement or invalidation proceed- ings. This creates a structural risk: rights that appear strong at registration may not withstand scrutiny in litigation. This risk materialises most clearly at the enforcement stage. The value of a registered design is determined in dispute, not at the point of registration. From a strategic perspective, design registration in Ukraine functions as a rapid protection tool rather than a definitive confirmation of validity. Effective use of design rights requires timely filing, anticipation of potential challenges, and alignment with a broader enforcement strategy. 4.4 Enforcement and Remedies Infringement of an industrial design in Ukraine gener- ally consists of the unauthorised use of a design that does not produce a different overall impression on an informed user. The assessment is inherently visual and comparative, focusing on overall appearance rather than isolated elements. Ukrainian courts rely on expert analysis when deter- mining similarity, particularly in technically complex or industrial products. The outcome of design disputes often depends on how the design is interpreted in expert conclusions rather than on a purely formal comparison of images. Enforcement operates through the interaction between design rights and other legal mechanisms. Rights holders frequently combine design claims with trade mark protection, including three-dimensional marks, and unfair competition actions, particularly in cases involving imitation of product appearance or packaging.
Civil remedies include injunctions, damages, recov- ery of lost profits, and destruction of infringing goods. Interim relief is available and may be particularly effec- tive in design cases, where rapid market intervention is critical. Courts require clear evidence of infringe- ment and urgency, and such measures are not granted automatically. Border enforcement is an important tool. Design rights, where properly recorded, may support customs actions against infringing goods, particularly in cases involving imported products and large-scale copying. Enforcement is closely linked to validity. Because industrial designs are registered without substantive examination, defendants frequently challenge valid- ity in parallel proceedings. This creates a dual-layer dispute in which infringement and invalidation are addressed simultaneously. Enforcement of design rights in Ukraine is not limited to proving similarity. It requires a co-ordinated strat- egy combining visual analysis, expert evidence, and, where appropriate, the parallel use of trade mark and unfair competition claims. 4.5 Functionality and Technical Features Ukrainian law excludes from design protection fea- tures of appearance dictated solely by a product’s technical function. This reflects a clear distinction between aesthetic design and technical solutions, the latter being more appropriately protected under patent law. The assessment is rarely straightforward. Courts do not apply a purely formal test but examine whether alternative design options were available to achieve the same technical result. Where the appearance of a feature is effectively predetermined by its function, protection may be denied or invalidated. Judicial assessment in such cases relies on expert analysis. Courts consider technical documentation, industry standards, and the degree of design freedom available to the creator. The outcome often turns on how convincingly functional constraints are demon- strated or challenged.
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