IP protection, enforcement remain strong in Ukraine
19 May 2023
Intellectual property protection and enforcement remain strong in Ukraine despite the global Covid pandemic and Russia laying siege on the eastern European country.
“We rely on this because we believe that if we would like to live, we would like to eat, we would like to dress – it means that we need IP objects. Wanting to create something really important within the protection of IP rights and IP protection means enforcement, and this is why we are attributing to these global values,” said Yuliya Prokhoda, chief executive officer and attorney-at-law at INTELS in Kyiv. “And even now, after the pandemic and even within the war, we believe in IP protection and enforcement in Ukraine.”
Daria Kaplunenko, managing partner at IPK in Kyiv, and Prokhoda were the featured speakers on the topic “IP is Everywhere: Ukraine’s Perspective on Managing IP Assets,” held on May 16 during the 2023 INTA Annual Meeting LIVE+ ongoing at the Marina Bay Sands Expo and Convention Centre in Singapore.
According to Kaplunenko, Ukraine held a significant position in global trade before February 24, 2022, when the war with Russia began, with 15 percent of global exports coming from Ukraine. International support poured in from various countries, including Australia, U.S. and Japan.
Now one year and three months into the war, business confidence in the war-torn nation is at the highest level since the start of the conflict. Among others, major players in the global food industry, such as Coca-Cola, Pepsico and Nestlé, continue to have a presence in Ukraine, with its IT industry among its fastest growing. Meanwhile, investors also have opportunities in mining, electronics, automotive and others.
The country’s robust IP mechanism includes protection of integrated circuit layout (topographic). Ukraine is also a member of the Hague Convention under which it is a frequent filer and wherein protection is provided to registered and unregistered designs, and multiple design applications are possible. Moreover, registrations are done more quickly, within three to six months.
The country introduced its new copyright law in 2023, harmonized with EU directives which state that copyright will also protect creations of AI. In addition, the Berne Convention is applicable in its copyright regime, and copyright protected in the U.S. and European Union can be registered without examination.
In terms of plant varieties, those protected in the U.S. and European Union can also be registered without national examination. Meanwhile, the PCT system is applicable to inventions.
Ukraine also now boasts of an e-filing system for trademarks, designs, inventions and utility models, and copyright.
“Despite the ongoing full-scale war, Ukraine demonstrated great macroeconomic and financial stability,” said Prokhoda. She also cited the Ukraine National Recovery Plan, which, coupled with international support, is aimed at accelerating sustainable economic growth.
- Espie Angelica A. de Leon