UKRAINE Law and Practice Contributed by: Yaroslav Ognevyuk, AMBASSADORS
There is no general prohibition on overlapping claims. Courts assess each right independently and deter- mine whether its specific criteria are met. Conflicts are resolved by reference to the scope and function of each right rather than by excluding parallel protection. 8.3 Patents and Trade Secrets Technical information may be protected as a trade secret before and during the patent application pro- cess, provided it remains confidential and subject to protection measures. Once a patent application is published, the disclosed information enters the public domain and can no longer qualify as a trade secret. However, elements not disclosed in the patent, such as manufacturing processes, optimisation techniques, or implementation details, may continue to be pro- tected as trade secrets. This remains possible even after patent expiry or invalidation, provided such infor- mation was never made public. 8.4 Trade Marks, Trade Dress and Industrial Designs Ukrainian law distinguishes these regimes by func- tion. Trade marks protect signs that indicate the com- mercial origin of goods or services, including shapes or packaging, where they are distinctive. Industrial designs protect the appearance of a product, focus- ing on visual features rather than source identification. Trade dress is not a separate statutory right and is typically addressed through trade mark law or unfair competition rules. Product shapes and packaging may receive cumula- tive protection, provided they satisfy the requirements of each regime independently. 8.5 Copyright and Trade Marks Logos and branding elements may be protected simultaneously under copyright and trade mark law where they meet the respective criteria. Copyright protects the original artistic expression of a logo, while trade mark law protects its function as an indicator of commercial origin. These regimes operate in parallel and are not mutually exclusive. Courts assess each right independently. Copyright may restrict use where a sign reproduces
protected artistic expression, while trade mark protec- tion focuses on likelihood of confusion and use in the marketplace. 8.6 Enforcement and Remedies Across Multiple IP Rights Ukrainian procedural law allows claims based on dif- ferent intellectual property rights to be brought within the same proceedings, provided they arise from the same factual circumstances. This framework is widely used in disputes involving overlapping rights, includ- ing trade marks, copyright, patents, and unfair com- petition. Courts assess each asserted right independently, applying its specific legal criteria while also consider- ing the defendant’s overall conduct. Where multiple infringements are established, remedies are deter- mined with a focus on proportionality rather than for- mal accumulation. Double recovery for the same harm is not permitted. Even where claims are based on several legal grounds, compensation is awarded in a manner that reflects the actual damage caused, without duplication. Combining claims strengthens the claimant’s position but does not in itself increase the level of damages awarded. 8.7 International and Cross-Border Considerations Cross-border IP disputes involving Ukraine are gov- erned by private international law principles, including jurisdiction, applicable law, and recognition of foreign judgments. Ukrainian courts apply national law to acts of infringement occurring within Ukraine, even where rights originate from international registrations. International treaties, including the Paris Convention and TRIPS, form part of the legal framework and guide the interpretation of national provisions. Conflicts are resolved through the principle of territoriality, and par- allel proceedings in multiple jurisdictions are common. Enforcement of foreign judgments depends on reci- procity or applicable treaties, which may affect the effectiveness of cross-border enforcement strategies.
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