UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
Mamunya IP Stand Business Center 14 Vasylkivska St Kyiv 03040 Ukraine Tel: +380 44 495 4500 Email: PR@mamunya-ip.com Web: mamunya-ip.com
1. Trade Mark and Copyright Law 1.1 Governing Law The protection of trade marks and copyrights in Ukraine is governed by laws and the respective sec - ondary legislation. The general provisions are provided by the Civil Code of Ukraine, while the detailed provisions are provided by the Trade Mark Law of Ukraine (the “Trade Mark Law”) and the Law of Ukraine on Copyright and Relat - ed Rights (the “Copyright and Related Rights Law”). There are also a number of Rules and Instructions (subordinate legislation). As Ukraine is a civil law country, rights to trade marks and copyrights are based on statutory law. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Ukraine is a party to a number of international treaties: • the Paris Convention for the Protection of Industrial Property (the “Paris Convention”); • the Agreement on Trade-Related Aspects of Intel - lectual Property Rights (the “TRIPS Agreement”); • the EU-Ukraine Association Agreement; • the Singapore Treaty on the Law of Trademarks; • the Trade Mark Law Treaty (TLT); • the Madrid Agreement Concerning the International Registration of Marks (the “Madrid Agreement”); • the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks; • the Nice Agreement on the International Classifica - tion of Goods and Services;
• the Berne Convention for the Protection of Literary and Artistic Works, revised in 1971; • the Marrakesh Treaty to facilitate access to pub - lished works for persons who are blind, visually impaired or otherwise print-disabled; • the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms; • the Rome Convention for the Protection of Per - formers, Producers of Phonograms and Broadcast - ing Organizations; • the WIPO Copyright Treaty; and • the WIPO Performances and Phonograms Treaty. All of these treaties, conventions and agreements are self-executing. Foreign individuals and individuals without citizenship enjoy equal trade mark rights and obligations as pro - vided by the local laws. 2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks In Ukraine any sign or any combination of signs may be subject to trade mark protection. Such signs may be words (including personal names), letters, numer - als, figurative elements, colours, shapes of products or their packaging (including three-dimensional marks) and sounds, provided that such signs are capable of distinguishing the goods or services of one person from the goods or services of other persons, and are appropriate for their reproduction in the register in
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