UKRAINE Trends and Developments Contributed by: Oleksandr Mamunya and Oksana Padokh, Mamunya IP
contracts increased to 299 (up 20.6%). Among copyright objects, literary works were the most registered, accounting for 68.6% of the total. They were followed by:
mission’s recommendations in order to meet the requirements for future EU membership. The reform of IP protection and enforcement aims to align Ukraine’s legislation with that of the EU. Implemented in three stages, this reform has significantly strengthened the legal framework governing IPR in the country. The reform introduced several advancements in trade mark protection, including the imple - mentation of electronic filing for trade mark applications, which streamlines the registration process. It also clarified the grounds for refusal or invalidation of trade mark registrations, and refined the procedures for collective trade marks and international registrations under the Madrid System. Notably, sanctions for trade mark infringements have been enhanced, reinforcing the deterrent against violations. The reform also addressed longstanding gaps in copyright legislation, improving the regulation of moral and proprietary rights through the new Law on Copyright and Related Rights, which entered into force on 1 January 2023. It also introduced provisions to ensure the effective use of the droit de suite (the right of artists to receive royalties from resales of their works), and strengthened administrative and criminal penal - ties for copyright violations. A key innovation is the establishment of a sui generis right for non-original works generated by computer programs. This new legal category defines the holders of such rights, the scope of their property rights, the duration of protection, and methods for transferring these rights, mark - ing a progressive step in addressing the chal - lenges posed by emerging technologies.
• computer programs – 8.0%; • works of visual art – 6.2%; • illustrations – 4.8%; • musical works – 4.4%; • compilations – 3.9%; and • oral works – 0.7%.
A notable development has emerged with authors disclosing information about the inclu - sion of AI-generated content in their works, in line with the principles of the EU AI Act. This approach aims to ensure transparency and prevent potential copyright abuse. For the first time in Ukraine, copyright has been registered for works that incorporate AI-generated imag - es, including the image collection “Easter Post - cards”, the children’s book “The Enchanted Adventure of Rufus”, and the collection “Poems of an Unfinished War”. Overall, positive trends are observed in the area of copyright, which may indicate not only an increase in creative activity but also the devel - opment of digital platforms and services where protecting authors’ rights from unauthorised use is crucial. Legislative Reforms Since the signing of the Association Agreement between Ukraine and the EU in 2014 (the “Asso - ciation Agreement”), and especially following its entry into force on 1 September 2017, Ukraine has been making significant efforts to align its legislation with EU standards. These efforts are aimed at implementing legislative and institu - tional reforms and fulfilling the European Com -
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