UKRAINE Law and Practice Contributed by: Oleksandr Mamunya, Ganna Prokhorova, Anastasia Mindrul and Oksana Padokh, Mamunya IP
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 secondary legislation. The general provisions are provided by the Civil and Commercial Codes 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 Related Rights (the “Copyright and Related Rights Law”). There are also a number of Rules and Instruc - tions (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 Intellectual Property Rights (the “TRIPS Agreement”); • the EU-Ukraine Association Agreement; • the Singapore Treaty on the Law of Trade - marks; • the Trade Mark Law Treaty (TLT); • the Madrid Agreement Concerning the Inter - national Registration of Marks (the “Madrid Agreement”); • the Protocol Relating to the Madrid Agree - ment Concerning the International Registra - tion of Marks; • the Nice Agreement on the International Clas - sification 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 published works for persons who are blind, visually impaired or otherwise print-disabled; • the Convention for the Protection of Produc - ers of Phonograms Against Unauthorized Duplication of Their Phonograms; • the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations; • the WIPO Copyright Treaty; and • the WIPO Performances and Phonograms Treaty. All of these treaties, conventions and agree - ments are self-executing. Foreign individuals and individuals without citi - zenship enjoy equal trade mark rights and obli - gations as provided by the local laws. 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, numerals, 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 appropri - ate for their reproduction in the register in such a way as to enable clear and precise scope of the granted legal protection. Collective marks may also be registered in the name of an established association. In this case, 2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks
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