In 2024, most indicators, compared to 2023, show a decrease in the number of intellectual property cases under consideration by customs, law enforcement agencies, courts, and other state bodies. This is evidenced by the data of the IPR Monitoring Center of the UANIPIO in its report “The State of Intellectual Property Rights Enforcement in Ukraine in 2024.”

 

 

Courts

 

The analysis of judicial practice in the field of intellectual property shows a general downward trend in the number of cases across all categories, particularly in commercial and civil jurisdictions. At the same time, in some instances, there has been a slight increase in criminal and administrative proceedings at the level of local courts.

 

In local courts, most commercial disputes in the IP sphere concern trademark rights (42%) and copyright and related rights (40%). Fewer cases involve rights to inventions, utility models, and industrial designs (16%), while disputes concerning prior use rights remain the least common (2%).

 

Court practice also reflects the development of approaches to calculating compensation. The greatest difficulties arise in copyright cases, where there is a significant gap between the claims filed and the actual amounts awarded by the courts.

 

According to the Report, in 2023, compensation in civil cases amounted to UAH 1,283,135 – 2.5 times higher than in 2024. The amount of compensation directly correlates with the number of cases considered and claims filed: in 2024, the majority of awarded amounts came from copyright cases (85%), while only 15% related to trademark cases. No actual compensation was awarded in cases concerning inventions, utility models, industrial designs, or related rights.

 

Law Enforcement Agencies

 

The number of registered criminal offenses in 2024 decreased compared to 2023. Last year, the National Police of Ukraine recorded:

 

• 37 proceedings under Article 229 of the Criminal Code of Ukraine (illegal use of a trademark, trade name, or qualified indication of the origin of goods (geographical indications);

 

• 33 under Article 176 (copyright and related rights infringement);

 

• 6 under Article 177 (infringement of rights to inventions, utility models, industrial designs, integrated circuit topographies (topographies of semiconductor products), plant varieties, rationalization proposals).

 

In 2024, most criminal offenses were registered under Article 176 (13) and Article 229 (23), while 5 were recorded under Article 177. No proceedings were registered under Article 203-1 (illegal trafficking of optical discs, matrices, equipment, and raw materials for their production).

 

The Economic Security Bureau of Ukraine (ESBU), established in 2021, recorded 5 offenses under Article 229 in 2022, and 79 in both 2023 and 2024.

 

Throughout 2024, ESBU detectives reported suspicions to 53 individuals under Article 229 and referred 29 criminal proceedings against 45 persons to court. Courts delivered six convictions in cases investigated by ESBU detectives during the year.

 

Customs Service

 

The State Customs Service of Ukraine demonstrates positive results in IP enforcement, introducing European standards and user-friendly electronic tools to simplify procedures for the customs register.

 

In 2024, the number of IP objects entered into the customs register almost halved compared to 2023 (150 objects). This may indicate reduced rights holder activity or external influencing factors. At the same time, the trend remains unchanged: decisions on suspending customs clearance of goods suspected of IP infringement are based on entries in the customs register.

 

NIPA Appeals Chamber

 

The Appeals Chamber of the National Intellectual Property Authority resumed its work in September 2024 and has since actively considered cases within its competence. During 2024, the Appeals Chamber held 94 sessions reviewing oppositions, appeals, and applications for recognition of trademarks as well-known in Ukraine.

 

As a result, 21 decisions were adopted: 7 oppositions were fully upheld, 2 partially upheld, and 12 rejected.

 

Antimonopoly Committee of Ukraine

 

In 2024, the Antimonopoly Committee of Ukraine issued two decisions under Article 4 of the Law “On Protection against Unfair Competition.” One concerned the activities of the international company LEGO JURIS A/S, and the other – a national business entity, PJSC “Kyiv Cardboard and Paper Mill.” For comparison, in 2023, the Committee adopted five such decisions.

 

Strengthening Institutional Capacity

 

The Report also highlights other stakeholders and initiatives that contribute to strengthening IP enforcement in Ukraine, including:

 

• the Mediation Center of the UANIPIO;

 

• the IPR Monitoring Center of the UANIPIO;

 

• the Ukrainian Anti-Piracy Assembly;

 

• the Ukrainian Alliance to Combat Counterfeiting and Piracy;

 

• the National Association of Patent Attorneys of Ukraine;

 

• the IP Committees of the National Bar Association of Ukraine and the Ukrainian Bar Association;

 

• the “Clear Sky” initiative;

 

• WIPO ALERT.

 

Overall, the findings of 2024 indicate a gradual strengthening of institutional capacity among state bodies involved in IP enforcement, as well as the proactive stance of professional institutions and organizations, contributing to greater effectiveness of intellectual property rights enforcement in Ukraine.

 

Disclaimer: The data for the Report was obtained upon request of the UANIPIO to relevant state authorities or from open sources.

 

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Strengthening the fight against IP crime: the Ukrainian delegation participated in international events