UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Oksana Padokh and Maksym Shymanskyi, Mamunya IP
The examination period for applications concern - ing the state registration of copyright and the state registration of agreements related to copyright is 30 calendar days. Access for individuals and legal entities to informa - tion in the State Register of Copyright Certificates and the State Register of Copyright-Related Agreements may be restricted during the period of martial law in Ukraine and for one year after its termination or can - cellation, where such information concerns national security and defence. Upon a written request from an authorised state body or law enforcement author - ity, the IP Office provides the restricted information in accordance with the procedure established by the Cabinet of Ministers of Ukraine. 3.9 Refusal of Registration The IP Office may issue a refusal to copyright regis - tration if: • the applicant has not corrected errors in the appli - cation or has not provided additional documents specified in the IP Office’s request; • the application concerns an object not protected by copyright; • the application is filed in violation of the rights and legitimate interests of third parties; • the application contains information that contra - dicts universally recognised principles of morality and public order; and • the applicant or the person related to the applica - tion – including as the author, co-author, compiler, heir, employer, customer, party to the contract, or other subject of copyright to the work for which the application is filed – is a person associated with the aggressor state. The actions or inaction of the IP Office, including the refusal to register copyright, may be challenged in court. If an application package contains incomplete docu - ments or improperly prepared documents, or if there are reasonable doubts regarding the accuracy and/ or completeness of the information provided, the IP Office shall, within one month of receiving the appli - cation documents, send the applicant a request to:
• address the identified deficiencies in the applica - tion documents; and • provide additional documents necessary for the review of the application. The applicant must submit the corrected information and/or required documents to the IP Office within three months of receiving the request. 3.10 Related Rights In Ukraine, intellectual property rights can be safe - guarded through various forms of intellectual property protection. A copyright may be protected as a trade mark or a design if it meets the respective require - ments for these objects. As a result, different enforce - ment mechanisms will be applied. Exclusive rights to permit or prohibit the use of a certain trade mark by third parties may be acquired through the trade mark registration process only. To register a trade mark, a person must file the respec - tive application with the IP Office or an international registration designating Ukraine. Furthermore, it is possible to obtain a fully valid legal protection for a well-known trade mark in Ukraine when recognised as such by the Chamber of Appeals of the IP Office or by the court. Legal protection shall be granted to a mark that: • is distinctive; • does not contradict public order or moral princi - ples; and • is not subject to refusal according to the grounds defined by the Trade Mark Law. Different types of marks (including trade dress – for example, in the form of three-dimensional marks) are registrable if they can fulfil the trade mark function of identifying the origin of the goods. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
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