UKRAINE Trends and Developments Contributed by: Oleksandr Mamunya and Oksana Padokh, Mamunya IP
These updates not only align Ukraine’s IP framework with EU standards but also reflect the country’s commitment to fostering innova - tion and ensuring robust protection for IP in an increasingly digital and interconnected world. The above-mentioned reforms, implemented in 2020–2023, focused on changes to the key laws regulating the acquisition, protection and enforcement of IPR. However, in 2024, signifi - cant efforts were focused on updating subor - dinate regulatory acts, adapting them to the requirements of the revised legislation. Specifi - cally, the following were approved: • rules for drafting and submitting trade mark applications, applications for international trade mark registration, and conducting the corresponding expertise; and • procedures for state registration of copyright and agreements related to the property rights to a work. In addition, the Regulation on the Commission “Ukraine” – for granting permission to use the official name and international letter code of the state of Ukraine in a trade mark and/or to include an imitation of the small state emblem of Ukraine in the trade mark – has been approved. Institutional Reforms On 16 June 2020, the Verkhovna Rada of Ukraine (the Parliament of Ukraine) adopted Law No 703- IX “On Amendments to Certain Laws of Ukraine Regarding the Creation of a National Intellectual Property Office”, which defines the powers of the new IP authority – the National Intellectual Property Office (NIPO). By its Decree dated 28 October 2022, No 943 “On Certain Issues of the National Intellectual Property Office”, the Cabinet of Ministers of
Ukraine designated the state organisation the Ukrainian National Office for Intellectual Property and Innovation (UANIPIO) as the body respon - sible for performing the functions of the NIPO. Since then, UANIPIO has initiated a series of institutional reforms, with a notable increase in activity in 2024, during which a number of col - legiate bodies were launched, including: • the NIPO’s Chamber of Appeals, which is responsible for considering appeals against the NIPO’s decisions regarding the acquisi - tion of IPR, requests for the invalidation of rights to certain IP objects, and requests to recognise a trade mark as well-known in Ukraine; and • the Commission for granting permission to use the official name and international letter code of the state of Ukraine in a trade mark and/or to include an imitation of the small state emblem of Ukraine thereto. The NIPO’s Mediation Centre has been more active this year as a professional platform for resolving disputes through mediation. In Novem - ber 2024, Ukraine successfully implemented its first mediation case (see here ), which involved a tender procedure in the field of creative services and the creation of copyrightable works. As a result of the mediation process, the parties con - firmed the absence of mutual claims and signed an agreement for further co-operation. In addition, Ukraine has joined the WIPO ALERT initiative (see here ) and introduced a national list of websites that raise concerns about IPR compliance. In cases of repeated or systematic copyright and/or related rights infringements, the right-holder has the right to submit a request to the IP office for the inclusion of the respec - tive website in the register. The consequences of
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