UKRAINE Trends and Developments Contributed by: Oleksandr Mamunya and Nataliia Badora, Mamunya IP
patent holders’ rights with public interest con- siderations. A substantial part of the strategy focuses on Ukraine’s potential integration with the European patent system. This includes detailed research into the advantages of Ukraine’s accession to the European Patent Convention and participa- tion in the Unitary Patent system and the Unified Patent Court Agreement. The strategic analysis encompasses several key aspects: i) the coex- istence of unified and national patent systems; ii) participation mechanisms for non-European Patent Organization members; and iii) imple- mentation frameworks used by various states for adopting the unitary patent system and rec- ognising the Unified Patent Court’s jurisdiction. A significant component of the strategy address- es the harmonisation of Ukraine’s national leg- islation with EU member states’ approaches to protecting intellectual property rights in tech- nological innovations. The strategy proposes adopting a German model for utility model pro- tection, which introduces several key modifica- tions to the current system. This model suggests refinements in the scope of utility model pro- tection, excluding certain pharmaceutical sub- stances and biotechnological inventions while maintaining protection for other products and processes.
The proposed utility model system would oper- ate under modified patentability criteria, includ- ing novelty, industrial applicability, and inventive step requirements. Notably, the novelty require- ment would consider worldwide publications while limiting prior use evidence to those publicly available in Ukraine. The system would introduce pre-filing novelty searches and maintain patent grants based on formal examination, with a ten- year protection period. These strategic developments indicate Ukraine’s commitment to modernising its IP system while aligning with international best practices, par- ticularly those of the EU. The implementation of these measures will likely reshape patent litiga- tion practices in Ukraine, providing stronger pro- tection for rights holders while ensuring efficient dispute resolution mechanisms.
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