IP digest: Ukraine's progress on the path to the EU

07 February 2024 No Comments Irena

European Integration IP Digest: tracking the Ukrainian IP sphere’s progress on the way to the EU

February 7, 2024 marked five years since Ukraine enshrined in its Constitution the European identity of the Ukrainian people and the irreversibility of our country’s European and Euro-Atlantic course.

The IP sphere and the issue of national IP legislation harmonization are crucial in the context of Ukraine’s accession to the EU.

State of play

Ukraine’s European integration experience in times of war has a unique character. Resisting Russian military aggression, suffering losses and constant rocket attacks, the country has acquired the status of an EU candidate (June 23, 2022), continues European integration in various areas, deepens its partnership with the EU, and implements the European Commission’s recommendations.

An active process of the national IP legislation harmonization with the EU acquis is ongoing. EU-Ukraine Association Agreement’s IP provisions implementation rate in 2022 was one of the highest in Ukraine, reaching 98%.

On November 8, 2023, the European Commission published a Report on Ukraine’s progress under the EU’s 2023 Enlargement Package, which recommends to the European Council to start negotiations with Ukraine.

By December 14, 2023, the European Council decided to start accession negotiations with Ukraine and adopt the relevant framework for negotiations after the relevant steps set out in the European Commission recommendations dated November 8, 2023.

The European integration vector of the Ukrainian IP Office (UANIPIO) covers the following tasks:

amendments to IP legislation;
constant monitoring of the IP law enforcement;
implementation and improvement of IPRs protection mechanisms and procedures;
cooperation, constant communication with IP stakeholders;
focusing on IPRs raising awareness and IP culture initiatives.

To achieve the above objectives, the following initiatives were implemented:

signing of the Declaration of Intent on Intellectual Property with the EU patent offices of Poland, Lithuania, Latvia, and Estonia;
March 2023

holding a meeting with representatives of the EU Delegation to Ukraine;
February 2023

signing a Memorandum of Understanding on bilateral cooperation between the Ukrainian National Office for Intellectual Property and Innovations and the European Union Intellectual Property Office;
July 5, 2023

signing the Reinforced technical and strategic partnership between the State Organization “Ukrainian National Office for Intellectual Property and Innovations” and the European Patent Office;
July 12, 2023

participation of the UANIPIO’s representatives in the IP International Congress in Poland (September 2023) and in the high-level meeting;

On September 8, 2023, Ukraine acceded to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Law of Ukraine, January 12, 2023 No. 2854-IX);

UANIPIO participates in the meetings of the annual EU-Ukraine IPR Dialogue. This Dialogue is a part of the broader cooperation between the European Commission and Ukraine;

a visit of the European delegation to UANIPIO to consolidate efforts and identify further priorities and vectors of progress on the European integration path;
October 2023

signing of the EUIPO – UANIPIO Working Plan for 2024-2025 on the implementation of the MoU on Bilateral Cooperation between the Ukrainian National Office for Intellectual Property and Innovations and the European Union Intellectual Property Office;
October 23, 2023

Ukraine has joined the EU’s regional IP support program;

IP Office joined the seminar on IPR protection, organized jointly by the EUIPO and the State Patent Bureau of the Republic of Lithuania;
January 2024

IP Office’s representatives were elected to the committees of the EU’s Horizon Europe research and innovation program;

IP Office discussed with the EU Delegation to Ukraine the implementation of the European Commission’s recommendation and the national legislation harmonization progress with the EU acquis.

Furthermore, the UANIPIO has optimised its structure and introduced best practices of public administration based on European experience and practice:

IP Mediation Center was launched to implement alternative dispute resolution in IP disputes;

IPRs Infringement Monitoring Centre was launched, a specialized platform for professional communication on counterfeiting, similar to the European Observatory on Intellectual Property Rights Infringement;

National IP&I Hub was launched – a professional platform that will bring together inventors, creators, authors, developers, and innovators with businesses and investors. It will also provide relevant case studies, professional consulting, etc;

International certification of compliance of the quality management system with the requirements of the international standard ISO 9001:2015 was obtained;

Code of UANIPIO’s Corporate Ethics was approved;

UANIPIO continues to perform ISA/IPEA functions under the PCT agreement;

updated participation in the advisory body of the Cabinet of Ministers of Ukraine – the Intellectual Property Council.

European integration acts in the IP sphere, which have already been approved:

Order of the Ministry of Economy of Ukraine dated December 20, 2023 No. 19944 “On Approval of the Regulation on the Commission for granting permission to use the official name and international alphabetical code of the State of Ukraine and/or to include an imitation of the Small State Emblem of Ukraine in a trademark”

Order of the Ministry of Economy of Ukraine dated November 23, 2023 No. 17768 “On Approval of the Rules of Procedure of the Appeals Chamber of the National Intellectual Property Authority”;

Resolution of the Cabinet of Ministers of Ukraine dated August 15, 2023 No. 859, which approved amendments to the Procedure of Fees Payment for Actions Related to the Intellectual Property Rights Protection;

On March 20, 2023, the Law of Ukraine No. 2974-IX “On Amendments to Certain Legislative Acts of Ukraine on Strengthening the Intellectual Property Rights Protection ” was adopted;

The Law of Ukraine No. 2803-IX of May 30, 2023, amended the Law of Ukraine No. 270/96-VR of July 3, 1996 “On Advertising”, to ensure the proper implementation of its provisions, a draft order of the Ministry of Economy of Ukraine “On Approval of the Procedure for Formation and Maintenance of the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights” is being developed;

Law of Ukraine of December 13, 2022 No. 2849-IX “On Media” was adopted.

In the sphere of copyright and related rights:

On January 1, 2023, the Law of Ukraine No. 2811-IX “On Copyright and Related Rights” dated December 1, 2022, which was developed to fulfill Ukraine’s obligations under the Association Agreement, came into force, and bylaws were adopted to implement its provisions:

- Order of the Ministry of Economy of Ukraine dated August 16, 2023 No. 11319 “On Approval of the Procedure for State Registration of Copyright and Contracts Relating to the Author’s Copyright” was adopted;

- Resolution of the Cabinet of Ministers of Ukraine No. 1066 dated October 10, 2023 “On Approval of the Procedure for protection of moral rights of authors in respect of works passed into the public domain in the absence of heirs” was adopted;

- Resolution No. 1312 of the Cabinet of Ministers of Ukraine dated December 15, 2023 “On Approval of the Procedure for acquiring and losing the status of orphan works, phonograms, videograms, and performances recorded in them, the conditions of their authorized use, and the maintenance of the register” was adopted, which is currently being approved by the appropriate executive authorities.

Moreover, with the participation of the UANIPIO, bylaws and regulations are being developed to implement the best European practices:

proposals for the draft order of the Ministry of Economy of Ukraine on new edition of the Rules for Drafting, Filing and Examination of Geographical Indications Applications;

proposals for the draft order of the Ministry of Economy of Ukraine “On Approval of the Rules for drafting, Filing a Trademark Application, International Trademark Application and Conducting an Examination of a Trademark Application, International Registration of a Trademark with Designation to Ukraine”;

proposals for the draft order of the Ministry of Economy of Ukraine “On Approval of the Rules for Drafting and Filing an Industrial Design Application and Conducting an Examination of an Industrial Design Application, Industrial Design International Registration”;

proposals for the draft order of the Ministry of Economy of Ukraine “On Approval of the Rules for Drafting, Filing and Examining Inventions and Utility Models Applications”;

the Order of the Ministry of Economy of Ukraine “On Approval of the Regulations on Intellectual Property Representatives (Patent Attorneys) and Amendments to the Regulations on Certification and Maintenance of the State Register of Intellectual Property Representatives (Patent Attorneys)” was developed;

proposals for a draft order of the Ministry of Economy of Ukraine “On Approval of the Rules for Drafting, Submitting and Examining a Semiconductor Product Layout Application”.

Short-term plans:

development of proposals for authorizations to use a patented invention (utility model) related to a medicinal product;
developing amendments to legislation to improve the accreditation process for collective management organizations;
developing a procedure for granting supplementary protection to an invention;
further approximation of the national copyright legislation to the EU acquis;
studying the issue of improving the legal IPRs protection of trade secrets in the context of EU legislation;
researching ways to regulate compulsory licensing and the Bolar provision in the framework of EU legislation;
promoting the strengthening measures to counteract piracy and counterfeiting;
information and methodological support to law enforcement authorities on combating IP infringements;
taking steps aimed at achieving progress in the High IP Court functioning;
further translations and summaries of landmark judgments of the Court of Justice of the EU in IP cases.