How did the war affect the activity of German business in Ukraine? What barriers prevent effective protection of intellectual property rights and attracting foreign investment, and how does the State help businesses overcome them?
This was discussed during a meeting of the management of the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO/IP Office) with representatives of the German-Ukrainian Chamber of Industry and Commerce (AHK Ukraine).
On behalf of the German-Ukrainian Chamber of Industry and Commerce, the following people took part in the meeting:
On the behalf of UANIPIO:
Reiner Perau introduced the Ukrainian side to the activities of the German-Ukrainian Chamber of Industry and Commerce, noting that the Chamber includes more than 260 companies, mainly German ones, that do business in Ukraine.
Olena Orliuk noted that the IP Office is open to cooperation with both national and international businesses. In addition, over the past year, UANIPIO has been actively working on the development of the National Intellectual Property Strategy until 2030.
Bogdan Paduchak noted that Ukraine is at the stage of adapting its national legislation to the EU acquis: the changes will affect almost all laws in the field of intellectual property. The proposals are currently under consideration by the European Commission, and Ukraine is waiting for its feedback.
Representatives of UANIPIO spoke about the key areas of activity of the IP Office, which is responsible for registration of intellectual property rights in Ukraine. It was emphasized that owing to digitalization, applications can be submitted online, which greatly simplifies applicants’ access to the IP protection system.
Key office services were also presented:
Olena Orliuk pointed out that the IP Office is one of the few state organizations that has received certificates of conformity with the anti-corruption management system-based on the results of the certification audit for compliance with the international standard ISO 37001:2016 “Anti-bribery management systems – Requirements with guidance for use” and DSTU ISO 37001:2018 (IDT). In addition, UANIPIO works closely with the National Agency on Corruption Prevention (NACP). Among the nearest joint initiatives is the holding of workshops by representatives of the NACP on issues of integrity in the field of intellectual property.
The parties discussed the impact of the russian federation war of aggression against Ukraine on business activities, in particular, the decline in business activity, the problems of the shadow economy, unfair competition, counterfeiting and corruption.
As the participants of the meeting noted, business needs clear tools of legal protection.
Liubov Maidanyk spoke about the educational campaigns of UANIPIO, in particular the IPR Monitoring Center, aimed at raising awareness of business and the public about intellectual property issues.
Oliver Gierlichs highly appreciated Ukraine’s efforts to overcome the challenges and pointed out that the country is moving in the right direction.
Representatives of the IP Office assured that the Government is doing everything possible to combat counterfeiting and piracy, in particular by improving law enforcement mechanisms.
One of the key steps in this direction may be the launch of the work of the High IP Court, which will have full jurisdiction in cases related to the infringement of IP rights.
During the meeting, it was also discussed that UANIPIO does not have the authority to initiate cases of infringement of IP rights, but actively cooperates with state and law enforcement agencies to improve their competence in the field of intellectual property. In particular, the IP Office conducts trainings for prosecutors and customs officers, helps organize the exchange of experience with European institutions, and helps right holders get methodological and legal support.
In addition, it was noted that according to Ukrainian legislation, infringement of intellectual property rights often has the character of a private prosecution, so the business itself should initiate proceedings. That is why the active position of foreign companies is the key to effective protection of their rights in Ukraine.
The German partners noted the transparency and openness of UANIPIO, expressing interest in further cooperation.
They noted that due to the war, many companies are only looking closely at the Ukrainian market, but have a significant interest in investing. After the end of the war, the flow of investment is expected to increase, and it is important that investors have confidence in the reliable protection of their IP rights.
Bogdan Paduchak pointed out that, first of all, for effective protection of IP rights of foreign businesses it is necessary to register them in Ukraine. We are talking about the fact that, for example, a trademark has a territorial effect – that is, legal protection applies only to the country where it is registered. Therefore, the registration in Ukraine will be a strong argument in case of disputes.
“We are always open to cooperation and strive to create conditions in which the protection of intellectual property rights will be simple, effective and transparent – as it happens in leading democratic countries. We are working to ensure that the level of safety and protection of IP rights in Ukraine meets EU standards,” Olena Orliuk summed up.
The parties agreed to continue the dialogue and develop joint initiatives aimed at raising business awareness of IP rights.
Background information:
The German-Ukrainian Chamber of Industry and Commerce (AHK Ukraine) was founded in Kyiv in 2016. It is part of a global network of more than 150 Chambers of Commerce and Industry and representative offices of German Industry and Trade in 93 countries, supported by the German Federal Ministry for Economic Affairs and Climate Action (BMWK).
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